Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2323
DCS; specialty medical evaluations
Purpose
Prohibits the superior court from issuing an order authorizing the 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, licensed osteopathic physician or a licensed
health care provider who performs evaluations for DCS or who has not conducted a physical
examination of the child.
Background
Current statute requires a child to be taken into temporary custody only by: 1) an order of
the superior court; 2) a peace officer, a child welfare investigator or a child safety worker, without
a court order, 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. The superior court, on an
outlined dependency petition or on a sworn statement or testimony by a peace officer, a child
welfare investigator or child safety worker, may issue an order authorizing DCS to take temporary
custody of a child on finding that probable cause exists to believe that temporary custody is clearly
necessary to protect the child from suffering abuse or neglect and it is contrary to the child's welfare
to remain in the home (A.R.S. § 8-821).
The court must hold a preliminary protective hearing to review the taking into temporary
custody of a child not fewer than five business days nor more than seven business days after the
child is taken into custody. At the hearing, the court must: 1) provide an opportunity for the child's
parent or guardian, if present, and any other person who has relevant knowledge, to provide
relevant testimony; 2) take into consideration as a mitigating factor, the availability of reasonable
services to the parent or guardian to prevent or eliminate the need for removal of the child and the
effort of the parent or guardian to obtain and participate in the services; 3) inform the child's parent
or guardian that the hearing may result in further proceedings to terminate parental rights; and
4) comply with other outlined requirements (A.R.S. § 8-824).
Exigent circumstances means 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 of the
following are true: 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; and 2) probable cause
exists to believe that the child is a victim of sexual abuse or abuse involving serious physical injury
(A.R.S. § 8-821).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
FACT SHEET
H.B. 2323
Page 2
Provisions
Temporary Custody of a Child
1. Prohibits the superior court 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, licensed osteopathic physician or a licensed health care provider who performs
evaluations for DCS or who has not conducted a physical examination of the child.
2. Prohibits, when determining if exigent circumstances exist for taking a child into temporary
custody without a court order by a peace officer, the determination to be based solely on the
opinion of the outlined physicians or health care provider.
Preliminary Protective Hearings
3. Requires the court, at a preliminary protective hearing, to consider the opinion of an outlined
physician or health care provider who is obtained by the person against whom the allegation
of suspected abuse or neglect is being made.
4. Allows the court's determination in the preliminary protective hearing to be based on evidence
that is hearsay, in whole or in part, on the opinion of an outlined physician or health care
provider who is obtained by the person against whom the allegation of suspected abuse or
neglect is being made.
Specialty Medical Evaluations
5. 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 determines that the child requires a specialty medical evaluation with a physician;
b) 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 specialty medical
evaluation; or
c) the child's parent, legal guardian or the attorney for the child requests a specialty medical
evaluation.
6. 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 of the following:
a) is an outlined physician or health care provider;
b) is board certified in the field or specialty that is relevant to diagnosing and treating the
condition that required the specialty medical evaluation; and
c) did not report the suspected abuse or neglect of the child.
7. Prohibits a physician or health care provider who reports suspected abuse or neglect of the
child from participating in the specialty medical evaluation.
8. Requires DCS, before referring a child for a specialty medical evaluation, to provide the child's
parent, legal guardian or the attorney for the child with written notice of the name, contact
information and credentials of the specialist. FACT SHEET
H.B. 2323
Page 3
9. Allows the child's parent, legal guardian or the attorney for the child to object to the proposed
referral and request a referral to another specialist.
10. Requires DCS and the parent, legal guardian or attorney to collaborate in good faith to select
an acceptable specialist.
11. 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.
12. Allows 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.
13. Stipulates that the outlined requirements do not prohibit a child's parent, legal guardian or the
attorney for the child from obtaining an alternative opinion.
14. Stipulates that the child's parent, legal guardian or the attorney for the child is responsible for
the cost of the alternative opinion.
15. Requires DCS to accept and consider the alternative option.
Miscellaneous
16. Becomes effective on the general effective date.
House Action
HHS 2/12/24 DP 5-4-1-0
3
rd
Read 2/22/24 31-28-0-0-1
Prepared by Senate Research
March 12, 2024
ZD/SB/cs