HB 2323
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: HHS DP 5-4-1-0
HB 2323: DCS; specialty medical evaluations
Sponsor: Representative Payne, LD 27
Caucus & COW
Overview
Prohibits the superior courts from issuing an order authorizing the Arizona Department of
Child Safety (DCS) to take temporary custody of a child based on a sworn statement or
testimony that relies solely on the opinion of a licensed physician or health care provider who
performs evaluations for DCS or who has not conducted a physical examination of the child.
History
A child must be taken into temporary custody pursuant to only one of the following: 1) an
order of the superior court; 2) if temporary custody is clearly necessary to protect the child
because exigent circumstances exist; or 3) the consent of the child's parent or guardian.
Exigent circumstances mean there is probable cause to believe that the child is likely to suffer
serious harm in the time it would take to obtain a court order for removal and either: 1) there
is no less intrusive alternative to taking temporary custody of the child that would reasonably
and sufficiently protect the child's health or safety; or 2) probable cause exists to believe that
the child is a victim of sexual abuse or abuse involving serious physical injury that can be
diagnosed only by a licensed medical doctor, osteopathic physician or health care provider
who has specific training in evaluations of child abuse.
A person who takes a child into custody because an exigent circumstance exists must
immediately have the child forensically interviewed by a person who is trained in forensic
interviewing protocols and may have the child examined by a licensed medical doctor,
osteopathic physician or health care provider who has specific training in evaluations of child
abuse. After the interview or examination, or both, the person must release the child to the
custody of the parent or guardian of the child, unless the interview or examination reveals
abuse.
The court is required to hold a preliminary protective hearing to review the taking into
temporary custody of a child not fewer than five days nor more than seven days after the
child is taken into custody. The court's determination in the preliminary protective hearing
may be based on evidence that is hearsay, in whole or in part, in the following forms: 1) the
allegations of the petition; 2) an affidavit; 3) sworn testimony; 4) the written reports of expert
witnesses; 5) DCSs written reports if the child safety worker is present and available for
cross-examination; 6) documentary evidence without foundation if there is a substantial basis
for believing the foundation will be available at the dependency hearing and the document is
otherwise admissible; and 7) the testimony of a witness concerning the declarations of
another person if the evidence is cumulative or there is a reasonable ground to believe that
the other person will be personally available for trial (A.R.S. §§ 8-821, 8-824 and 8-825).
HB 2323
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Provisions
Preliminary Protective Hearings
1. Prohibits the superior courts from issuing an order authorizing DCS to take temporary
custody of a child based on a sworn statement or testimony that relies solely on the
opinion of a licensed physician or health care provider who performs evaluations for DCS
or who has not conducted a physical examination of the child. (Sec. 1)
2. Asserts that a determination of exigent circumstances may not be based solely on the
opinion of a licensed physician or health care provider who performs evaluations for DCS
or who did not conduct a physical examination of the child. (Sec. 1)
3. Requires the court at the preliminary protective hearing to consider the opinion of a
licensed physician or health care provider who is obtained by the person against whom
the allegation of suspected abuse or neglect is being made. (Sec. 2, 3)
Specialty Medical Evaluations
4. Requires DCS, during the course of an investigation of suspected abuse or neglect, to refer
a child who is taken into temporary custody for a specialty medical evaluation for any of
the following reasons:
a) DCS determined that the child requires a specialty medical evaluation with a
physician;
b) the child's parent, legal guardian or the attorney for the child, child's parent or legal
guardian requests a specialty medical evaluation; or
c) the child's primary care physician or other primary health care provider who provided
health care or treatment to or otherwise evaluated the child recommends a special
medical evaluation. (Sec. 4)
5. Requires DCS, if a child is referred for a specialty medical evaluation, to refer the child
to a physician or health care provider who meets all the following:
a) is a licensed physician or a health care provider; and
b) is board certified in the field or specialty that is relevant to diagnosing and treating
the condition that required the special medical evaluation;
c) did not report the suspected abuse or neglect of the child. (Sec. 4)
6. Prohibits the physician or health care provider who reported the suspected abuse or
neglect of the child from participating in the specialty medical evaluation. (Sec. 4)
7. Requires DCS to provide the child's parent, legal guardian or the attorney for the child,
child's parent or legal guardian with written notice of the name, contact information and
credentials of the specialist before referring a child for a specialty medical evaluation.
(Sec. 4)
8. Allows the child's parent, legal guardian or the attorney of the child, child's parent or
legal guardian to object to the proposed referral and request a referral to another
specialist. (Sec. 4)
9. Instructs DCS, parents, legal guardians or attorneys to collaborate in good faith to select
an acceptable specialist. (Sec. 4)
10. Allows DCS to refer the child to a specialist over the objection of the child's parent, legal
guardian or the attorney for the child, child's parent or legal guardian. (Sec. 4) HB 2323
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11. Permits DCS to obtain consultations with physicians or health care providers with the
ability to diagnose and treat unique health conditions that mimic child maltreatment or
that increase the risk of misdiagnosis of child maltreatment. (Sec. 4)
12. Clarifies that this does not prohibit a child's parent, legal guardian or the attorney for the
child, child's parent or legal guardian from obtaining an alternative opinion. (Sec. 4)
13. States that the child's parent, legal guardian or the attorney for the child, child's parent
or legal guardian is responsible for the cost of the alternative opinion. (Sec. 4)
14. Directs DCS to accept and consider an obtained alternative opinion. (Sec. 4)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note