Arizona 2025 Regular Session

Arizona House Bill HB2436 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: DCS; investigations; interviews; recording State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2436 Introduced by Representative Gress AN ACT amending section 8-456, Arizona Revised Statutes; appropriating monies; relating to the department of child safety. (TEXT OF BILL BEGINS ON NEXT PAGE)
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11	11	REFERENCE TITLE: DCS; investigations; interviews; recording
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16	16	REFERENCE TITLE: DCS; investigations; interviews; recording
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66	66	AN ACT
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70	70	amending section 8-456, Arizona Revised Statutes; appropriating monies; relating to the department of child safety.
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82	82	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-456, Arizona Revised Statutes, is amended to read: START_STATUTE8-456. Investigative function; training; voice stress analysis; recordings; criminal offenses; definitions A. The department shall train all investigators in forensic interviewing and processes and the protocols established pursuant to section 8-817. The training must include: 1. An evidence-informed safety assessment model to assess the safety of a child. 2. The duty to protect the legal and due process rights of children and families from the time of the initial contact through case closure. 3. Instruction on a child's rights as a crime victim and instruction on the legal rights of parents. 4. A checklist or other mechanism to assist the investigator in giving consideration to the relevant factors in each investigation. B. The office of child welfare investigations shall investigate DCS reports that contain a criminal conduct allegation as provided in sections 8-471 and 8-817. C. The department shall use an evidence-informed safety assessment model to assess the safety of a child. D. After receiving a DCS report from the centralized intake hotline pursuant to section 8-455, an investigator shall do all of the following: 1. Make a prompt and thorough investigation. An investigation must evaluate and determine the nature, extent and cause of any condition created by the parents, guardian or custodian, an adult member of the victim's household or an employee of a child welfare agency where the child is placed that is licensed by and contracted with the department that would tend to support or refute the allegation that the child is a victim of abuse or neglect and determine the name, age and condition of other children in the home. If an investigator has sufficient information to determine that the child is not a victim of abuse or neglect, the investigator may close the investigation. 2. If required by section 8-821 and subject to section 8-471, take a child into temporary custody. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian when necessary. E. The department may not use covert voice stress analysis during an investigation to determine if abuse or neglect exists. The department may not use overt voice stress analysis during an investigation unless the person on whom the analysis is used gives informed consent. Results of computer voice stress analysis are not admissible in court. F. After an investigation, an investigator shall: 1. Determine whether any child is in need of child safety services consistent with the evaluation and determination made pursuant to subsection D of this section. 2. If appropriate pursuant to section 8-846, offer to the family of any child who is found to be a child in need of child safety services those services that are designed to correct unresolved problems that would indicate a reason to adjudicate the child dependent. 3. Submit a written report of the investigator's investigation to: (a) The department's case management information system within a reasonable amount of time that does not exceed forty-five days after receipt of the DCS report except as provided in section 8-811. If the investigation involves allegations regarding a child who at the time of the alleged incident was in the custody of a child welfare agency licensed by the department under this title, a copy of the report and any additional investigative or other related reports must be provided to the board of directors of the agency or to the administrative head of the agency unless the incident is alleged to have been committed by the person. The department shall excise all information with regard to the identity of the source of the reports. (b) The appropriate court forty-eight hours before a dependency hearing pursuant to a petition of dependency or within twenty-one days after a petition of dependency is filed, whichever is earlier. On receipt of the report the court shall make the report available to all parties and counsel. 4. Accept a child into voluntary placement pursuant to section 8-806. 5. Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel in the department to preclude violations of a court order in the provision of any services. G. In conducting an investigation pursuant to this section, if the investigator is made aware that an allegation of abuse or neglect may also have been made in another state, the investigator shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation. H. If an investigation indicates a reason to believe that a criminal offense has been committed, the investigator shall immediately provide the information to the appropriate law enforcement agency and the office of child welfare investigations, unless the information was previously provided pursuant to section 8-455. I. The department shall audiotape or videotape any interview that the department conducts with a child pursuant to this section unless either of the following occurs: 1. The recording equipment malfunctions and the malfunction is not the result of a failure to maintain the equipment or provide adequate supplies for the equipment. 2. Due to circumstances that could not have been reasonably foreseen by the department, the department does not have the necessary recording equipment. J. A person who is charged with a criminal offense involving abuse or neglect of a child does not have standing to object to the department's failure to comply with subsection I of this section. The department's failure to comply with subsection I of this section is not grounds for precluding statements made by a child during an interview that are otherwise admissible in a criminal or dependency proceeding. K. Any party to a child welfare forensic interview may audiotape or videotape the interview. L. Beginning in fiscal year 2026-2027 and each fiscal year thereafter, the sum of $1,000,000 is appropriated to the department of child safety for the purchase and maintenance of audio and video recording equipment for recording interviews pursuant to subsection I of this section. I. M. Except in judicial proceedings, a parent or legal guardian may not be prohibited from recording conversations with the department pursuant to this section. J. N. Before implementing a new safety assessment model, the department shall present the proposed change to the joint legislative oversight committee on the department of child safety established by section 41-1292 or to the committees with jurisdiction over the department in the senate and house of representatives. K. O. For the purposes of this section: 1. "Child welfare forensic interview" means a documented interview with any relevant party, including a child or an adult, that is conducted by the department pursuant to this section in order to elicit information regarding concerns of abuse, neglect or violence. 1. 2. "Evidence-informed" means based on the best available child welfare research and practice information. 2. 3. "Investigator" means an employee of the department who investigates allegations of abuse or neglect pursuant to a DCS report. END_STATUTE Sec. 2. Appropriation; department of child safety; recording equipment; exemption A. The sum of $3,500,000 is appropriated from the state general fund in fiscal year 2025-2026 to the department of child safety for the purchase and maintenance of audio and video recording equipment for recording of interviews pursuant to section 8-456, Arizona Revised Statutes, as amended by this act. B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
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84	84	Be it enacted by the Legislature of the State of Arizona:
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86	86	Section 1. Section 8-456, Arizona Revised Statutes, is amended to read:
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88	88	START_STATUTE8-456. Investigative function; training; voice stress analysis; recordings; criminal offenses; definitions
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90	90	A. The department shall train all investigators in forensic interviewing and processes and the protocols established pursuant to section 8-817. The training must include:
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92	92	1. An evidence-informed safety assessment model to assess the safety of a child.
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94	94	2. The duty to protect the legal and due process rights of children and families from the time of the initial contact through case closure.
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96	96	3. Instruction on a child's rights as a crime victim and instruction on the legal rights of parents.
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98	98	4. A checklist or other mechanism to assist the investigator in giving consideration to the relevant factors in each investigation.
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100	100	B. The office of child welfare investigations shall investigate DCS reports that contain a criminal conduct allegation as provided in sections 8-471 and 8-817.
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102	102	C. The department shall use an evidence-informed safety assessment model to assess the safety of a child.
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104	104	D. After receiving a DCS report from the centralized intake hotline pursuant to section 8-455, an investigator shall do all of the following:
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106	106	1. Make a prompt and thorough investigation. An investigation must evaluate and determine the nature, extent and cause of any condition created by the parents, guardian or custodian, an adult member of the victim's household or an employee of a child welfare agency where the child is placed that is licensed by and contracted with the department that would tend to support or refute the allegation that the child is a victim of abuse or neglect and determine the name, age and condition of other children in the home. If an investigator has sufficient information to determine that the child is not a victim of abuse or neglect, the investigator may close the investigation.
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108	108	2. If required by section 8-821 and subject to section 8-471, take a child into temporary custody. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian when necessary.
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110	110	E. The department may not use covert voice stress analysis during an investigation to determine if abuse or neglect exists. The department may not use overt voice stress analysis during an investigation unless the person on whom the analysis is used gives informed consent. Results of computer voice stress analysis are not admissible in court.
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112	112	F. After an investigation, an investigator shall:
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114	114	1. Determine whether any child is in need of child safety services consistent with the evaluation and determination made pursuant to subsection D of this section.
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116	116	2. If appropriate pursuant to section 8-846, offer to the family of any child who is found to be a child in need of child safety services those services that are designed to correct unresolved problems that would indicate a reason to adjudicate the child dependent.
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118	118	3. Submit a written report of the investigator's investigation to:
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120	120	(a) The department's case management information system within a reasonable amount of time that does not exceed forty-five days after receipt of the DCS report except as provided in section 8-811. If the investigation involves allegations regarding a child who at the time of the alleged incident was in the custody of a child welfare agency licensed by the department under this title, a copy of the report and any additional investigative or other related reports must be provided to the board of directors of the agency or to the administrative head of the agency unless the incident is alleged to have been committed by the person. The department shall excise all information with regard to the identity of the source of the reports.
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122	122	(b) The appropriate court forty-eight hours before a dependency hearing pursuant to a petition of dependency or within twenty-one days after a petition of dependency is filed, whichever is earlier. On receipt of the report the court shall make the report available to all parties and counsel.
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124	124	4. Accept a child into voluntary placement pursuant to section 8-806.
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126	126	5. Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel in the department to preclude violations of a court order in the provision of any services.
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128	128	G. In conducting an investigation pursuant to this section, if the investigator is made aware that an allegation of abuse or neglect may also have been made in another state, the investigator shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation.
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130	130	H. If an investigation indicates a reason to believe that a criminal offense has been committed, the investigator shall immediately provide the information to the appropriate law enforcement agency and the office of child welfare investigations, unless the information was previously provided pursuant to section 8-455.
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132	132	I. The department shall audiotape or videotape any interview that the department conducts with a child pursuant to this section unless either of the following occurs:
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134	134	1. The recording equipment malfunctions and the malfunction is not the result of a failure to maintain the equipment or provide adequate supplies for the equipment.
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136	136	2. Due to circumstances that could not have been reasonably foreseen by the department, the department does not have the necessary recording equipment.
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138	138	J. A person who is charged with a criminal offense involving abuse or neglect of a child does not have standing to object to the department's failure to comply with subsection I of this section. The department's failure to comply with subsection I of this section is not grounds for precluding statements made by a child during an interview that are otherwise admissible in a criminal or dependency proceeding.
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140	140	K. Any party to a child welfare forensic interview may audiotape or videotape the interview.
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142	142	L. Beginning in fiscal year 2026-2027 and each fiscal year thereafter, the sum of $1,000,000 is appropriated to the department of child safety for the purchase and maintenance of audio and video recording equipment for recording interviews pursuant to subsection I of this section.
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144	144	I. M. Except in judicial proceedings, a parent or legal guardian may not be prohibited from recording conversations with the department pursuant to this section.
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146	146	J. N. Before implementing a new safety assessment model, the department shall present the proposed change to the joint legislative oversight committee on the department of child safety established by section 41-1292 or to the committees with jurisdiction over the department in the senate and house of representatives.
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148	148	K. O. For the purposes of this section:
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150	150	1. "Child welfare forensic interview" means a documented interview with any relevant party, including a child or an adult, that is conducted by the department pursuant to this section in order to elicit information regarding concerns of abuse, neglect or violence.
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152	152	1. 2. "Evidence-informed" means based on the best available child welfare research and practice information.
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154	154	2. 3. "Investigator" means an employee of the department who investigates allegations of abuse or neglect pursuant to a DCS report. END_STATUTE
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156	156	Sec. 2. Appropriation; department of child safety; recording equipment; exemption
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158	158	A. The sum of $3,500,000 is appropriated from the state general fund in fiscal year 2025-2026 to the department of child safety for the purchase and maintenance of audio and video recording equipment for recording of interviews pursuant to section 8-456, Arizona Revised Statutes, as amended by this act.
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160	160	B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.