REFERENCE TITLE: prenatal substance exposure; care plan State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1655 Introduced by Senator Burch An Act amending sections 8-201, 8-455 and 8-526, Arizona Revised Statutes; repealing section 8-819, Arizona Revised Statutes; amending title 8, chapter 4, article 8, Arizona Revised Statutes, by adding a new section 8-819; amending sections 8-846 and 13-3620, Arizona Revised Statutes; amending title 36, chapter 6, Arizona Revised Statutes, by adding article 5.1; repealing title 36, chapter 6, article 5.1; appropriating monies; relating to prenatal substance exposure. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: prenatal substance exposure; care plan
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SB 1655
Introduced by Senator Burch
REFERENCE TITLE: prenatal substance exposure; care plan
State of Arizona
Senate
Fifty-seventh Legislature
First Regular Session
2025
SB 1655
Introduced by
Senator Burch
An Act
amending sections 8-201, 8-455 and 8-526, Arizona Revised Statutes; repealing section 8-819, Arizona Revised Statutes; amending title 8, chapter 4, article 8, Arizona Revised Statutes, by adding a new section 8-819; amending sections 8-846 and 13-3620, Arizona Revised Statutes; amending title 36, chapter 6, Arizona Revised Statutes, by adding article 5.1; repealing title 36, chapter 6, article 5.1; appropriating monies; relating to prenatal substance exposure.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-201, Arizona Revised Statutes, is amended to read: START_STATUTE8-201. Definitions In this title, unless the context otherwise requires: 1. "Abandoned" means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment. 2. "Abuse": (a) Means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child, including an employee of a child welfare agency where a child is placed that is licensed by and contracted with the department. (b) Includes: (i) Inflicting or allowing sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553, incest pursuant to section 13-3608 or child sex trafficking pursuant to section 13-3212. (ii) Physical injury that results from allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in section 13-3401. (iii) Unreasonable confinement of a child. 3. "Adult" means a person who is eighteen years of age or older. 4. "Adult court" means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8-327 and 13-501. 5. "Award" or "commit" means to assign legal custody. 6. "Child", "youth" or "juvenile" means an individual who is under eighteen years of age. 7. "Complaint" means a written statement of the essential facts constituting a public offense that is any of the following: (a) Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer. (b) Made pursuant to section 13-3903. (c) Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to section 13-4261. 8. "Criminal conduct allegation" means an allegation of conduct by a parent, guardian or custodian of a child or an adult member of the victim's household that, if true, would constitute any of the following: (a) A violation of section 13-3623 involving child abuse. (b) A felony offense that constitutes domestic violence as defined in section 13-3601. (c) A violation of section 13-1404 or 13-1406 involving a minor. (d) A violation of section 13-1405, 13-1410 or 13-1417. (e) Any other act of abuse that is classified as a felony. (f) An offense that constitutes domestic violence as defined in section 13-3601 and that involves a minor who is a victim of or was in imminent danger during the domestic violence. 9. "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court. 10. "DCS report" means a communication received by the centralized intake hotline that alleges child abuse or neglect and that meets the criteria for a report as prescribed in section 8-455. 11. "Delinquency hearing" means a proceeding in the juvenile court to determine whether a juvenile has committed a specific delinquent act as set forth in a petition. 12. "Delinquent act" means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under section 13-501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense. 13. "Delinquent juvenile" means a child who is adjudicated to have committed a delinquent act. 14. "Department" means the department of child safety. 15. "Dependent child": (a) Means a child who is adjudicated to be: (i) In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control. (ii) Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care. (iii) A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child. (iv) Under eight years of age and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child. (v) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13-706. (b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists. 16. "Detention" means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation. 17. "Director" means the director of the department. 18. "Health professional" has the same meaning prescribed in section 32-3201. 19. "Incorrigible child" means a child who: (a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person. (b) Is habitually truant from school as defined in section 15-803, subsection C. (c) Is a runaway from the child's home or parent, guardian or custodian. (d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others. (e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act. (f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action. 20. "Independent living program" includes a residential program with supervision of less than twenty-four hours a day. 21. "Juvenile court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility. 22. "Law enforcement officer" means a peace officer, sheriff, deputy sheriff, municipal police officer or constable. 23. "Medical director of a mental health agency": (a) Means a psychiatrist, or licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director. (b) Includes the superintendent of the state hospital. 24. "Mental health agency" means any private or public facility that is licensed by this state as a mental health treatment agency, a psychiatric hospital, a psychiatric unit of a general hospital or a residential treatment center for emotionally disturbed children and that uses secure settings or mechanical restraints. 25. "Neglect" or "neglected" means: (a) The inability refusal or intentional unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability refusal or intentional unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability refusal or intentional unwillingness of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services. (b) Allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person with the intent and for the purpose of manufacturing a dangerous drug as defined in section 13-3401. (c) A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in section 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional. This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in section 13-3401 beyond the requirements prescribed pursuant to section 13-3620, subsection E. The determination by the health professional shall be based on one or more of the following: (i) Clinical indicators in the prenatal period including maternal and newborn presentation. (ii) History of substance use or abuse. (iii) Medical history. (iv) Results of a toxicology or other laboratory test on the mother or the newborn infant. (d) (c) Diagnosis by a health professional of an infant under one year of age with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects. (e) (d) Deliberate exposure of a child by a parent, guardian or custodian to sexual conduct as defined in section 13-3551 or to sexual contact, oral sexual contact or sexual intercourse as defined in section 13-1401, bestiality as prescribed in section 13-1411 or explicit sexual materials as defined in section 13-3507. (f) Any of the following acts committed by the child's parent, guardian or custodian with reckless disregard as to whether the child is physically present: (i) Sexual contact as defined in section 13-1401. (ii) Oral sexual contact as defined in section 13-1401. (iii) Sexual intercourse as defined in section 13-1401. (iv) Bestiality as prescribed in section 13-1411. 26. "Newborn infant" means a child who is under thirty days of age. 27. "Petition" means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. 28. "Prenatal substance exposure" means a determination by a health professional who is regulated pursuant to title 32 that a newborn infant was exposed prenatally to a substance and that exposure was not the result of medical treatment administered to the pregnant patient during pregnancy or childbirth or to the newborn infant by a health professional WHO IS REGULATED PURSUANT TO TITLE 32. 28. 29. "Prevention" means the creation of conditions, opportunities and experiences that encourage and develop healthy, self-sufficient children and that occur before the onset of problems. 29. 30. "Protective supervision" means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible. 30. 31. "Qualified young adult" means a former dependent child who is at least eighteen years of age and not over twenty-one years of age, who meets the criteria for an extended foster care program pursuant to section 8-521.02 and who signs a voluntary agreement to participate in the program. 31. 32. "Referral" means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act. 32. 33. "Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress. 33. 34. "Serious emotional injury" means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following: (a) Seriously impairs mental faculties. (b) Causes serious anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment. (c) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608. 34. 35. "Serious physical injury" means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following: (a) Creates a reasonable risk of death. (b) Causes serious or permanent disfigurement. (c) Causes significant physical pain. (d) Causes serious impairment of health. (e) Causes the loss or protracted impairment of an organ or limb. (f) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608. 35. 36. "Shelter care" means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community. 36. 37. "Standardized hotline assessment tool" means any written tool used to make a determination that the allegation of abuse or neglect that is the subject of a report received pursuant to section 8-455 involves conduct that warrants investigation by the department pursuant to section 8-456 or 8-471. 38. "substance": (a) Means a dangerous drug or narcotic drug as defined in section 13-3401. (b) includes a legal substance that is being misused. 37. 39. "Young adult administrative review" means an administrative review of a voluntary extended foster care case plan with the qualified young adult, the department's case specialist or designee, an independent party who is not responsible for the case management of or the delivery of services to the qualified young adult and any other individual the young adult invites. END_STATUTE Sec. 2. Section 8-455, Arizona Revised Statutes, is amended to read: START_STATUTE8-455. Centralized intake hotline; purposes; report of possible crime; DCS report; standardized hotline assessment tools; access to information; public awareness; definitions A. The department shall operate and maintain a centralized intake hotline to protect children by receiving at all times communications concerning suspected abuse or neglect. If a person communicates suspected abuse or neglect to a department employee other than through the hotline, the employee shall refer the person or communication to the hotline. B. The hotline is the first step in the safety assessment and investigation process and must be operated to: 1. Record communications made concerning suspected abuse or neglect. 2. if there is no information or indication that a child is currently being abused or neglected, divert communications and reports concerning prenatal substance exposure, withdrawal symptoms from prenatal substance exposure or fetal alcohol spectrum disorder to the department of HEALTH services pursuant to section 36-705.02 without preparing a DCS report. 2. 3. Immediately take steps necessary to identify and locate prior communications and DCS reports related to the current communication using the department's data system and the central registry system of this state. 3. 4. Quickly and efficiently provide information to a law enforcement agency or prepare a DCS report as required by this section. 4. 5. Determine the proper initial priority level of investigation based on the report screening assessment and direct the DCS report to the appropriate part of the department based on this determination. C. If a communication provides a reason to believe that a criminal offense has been committed and the communication does not meet the criteria for a DCS report, the hotline worker shall immediately provide the information to the appropriate law enforcement agency. D. A hotline worker shall prepare a DCS report if the identity or current location of the child victim, the child's family or the person suspected of abuse or neglect is known or can be reasonably ascertained and all of the following are alleged: 1. The suspected conduct would constitute abuse or neglect. If the suspected conduct involves neglect as defined in section 8-201, paragraph 25, subdivision (c) and a health professional determines that the newborn infant was exposed prenatally to cannabis as defined in section 13-3401, the department shall verify whether the mother is a qualifying patient as defined in section 36-2801 and possesses a valid registry identification card issued pursuant to section 36-2804.03. 2. The suspected victim of the conduct is under eighteen years of age. 3. The suspected victim of the conduct is a resident of or present in this state. 4. The person suspected of committing the abuse or neglect is the parent, guardian or custodian of the victim or an adult member of the victim's household. E. A hotline worker shall prepare a DCS report if the identity of the person who is suspected of abuse is an employee of a child welfare agency and both of the following apply: 1. The child victim is placed with the agency. 2. The agency is licensed by and contracted with the department. F. Except for criminal conduct allegations, the department is not required to prepare a DCS report if all of the following apply: 1. The suspected conduct occurred more than three years before the communication to the hotline. 2. There is no information or indication that a child is currently being abused or neglected. G. Investigations of DCS reports shall be conducted as provided in section 8-456 except for investigations containing allegations of criminal conduct, which shall be conducted as provided in section 8-471. H. The department is not required to prepare a DCS report concerning alleged abuse or neglect if the alleged act or acts occurred in a foreign country and the child is in the custody of the federal government. I. The department shall develop and train hotline workers to use standardized hotline assessment tools to determine: 1. Whether the suspected conduct constitutes abuse or neglect and the severity of the suspected abuse or neglect. 2. Whether the suspected abuse or neglect involves criminal conduct, even if the communication does not result in the preparation of a DCS report. 3. The appropriate investigative track for referral based on the risk to the child's safety. J. A DCS report must include, if available, all of the following: 1. The name, address or contact information for the person making the communication. 2. The name, address and other location or contact information for the parent, guardian or custodian of the child or other adult member of the child's household who is suspected of committing the abuse or neglect. 3. The name, address and other location or contact information of an employee of a child welfare agency who is suspected of committing abuse if both of the following apply: (a) The child victim is placed with the agency. (b) The agency is licensed by and contracted with the department. 4. The name, address and other location or contact information for the child. 5. The nature and extent of the indications of the child's abuse or neglect, including any indication of physical injury. 6. Any information regarding possible prior abuse or neglect, including reference to any communication or DCS report involving the child, the child's siblings or the person suspected of committing the abuse or neglect. K. Information gathered through the hotline must be made available to an employee of the department in order to perform the employee's duties. The office of child welfare investigations and the inspections bureau must have immediate access to all records of the hotline. L. A representative of the: 1. Office of child welfare investigations must be embedded in the hotline to carry out the purposes of section 8-471. 2. Inspections bureau must be embedded in the hotline to carry out the purposes of section 8-458. M. The department shall publicize the availability and the purposes of the centralized intake hotline. N. For the purposes of this section: 1. "Centralized intake hotline" means the system developed pursuant to this section regardless of the communication methods or technologies used to implement the system. 2. "Criminal offense" means an allegation of conduct against a child by a person other than a parent, guardian or custodian of the child victim or another adult member of the child's household that, if true, would constitute a felony offense. END_STATUTE Sec. 3. Section 8-526, Arizona Revised Statutes, is amended to read: START_STATUTE8-526. Child welfare; reporting requirements A. The department shall make available program and outcomes data on its website as provided in this section, in a format that can be downloaded and that is conducive to analysis. B. The department shall make available the following information on a semiannual basis by September 30 for the period ending the prior June 30 and by March 31 for the period ending the prior December 31: 1. Success in meeting training requirements. 2. Caseloads for child safety workers. 3. The number of new reports and reports that have been closed. 4. The number of case-carrying caseworkers in each region. 5. The number of investigations by region. 6. The number of children being served in-home and the number of children being served out-of-home by each region. 7. The total number of reports received, by major category and by priority. 8. The number of reports not responded to, by priority, by county and statewide. 9. The number of reports assigned for investigation by priority and by major category, by county and statewide for the current and previous reporting periods. 10. The number of reports for investigations completed by priority and by major category, by county and statewide for the current and previous reporting periods and as categorized by investigations that resulted in: (a) A substantiated report. (b) A report currently proposed for substantiation. (c) An unsubstantiated report. 11. The number of reports assigned for investigation that remain open for investigation by priority and by major category, by county and statewide for the current and previous reporting periods. 12. Of the number of children reported to the department, the percentage of children placed in out-of-home care by county and statewide. 13. The number of newborn infants delivered to safe haven providers pursuant to section 13-3623.01. 14. The number of children entering out-of-home care by county during the reporting period, and the number and percentage of the children entering out-of-home care by county during the reporting period who are voluntary placements for children under eighteen years of age. 15. The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care: (a) Within the previous twelve months. (b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph. 16. The number and percentage of children who have remained in a shelter or receiving home for more than twenty-one consecutive days, by the child's age group. 17. The total number of licensed foster homes, the number of licensed foster homes considered kinship homes, the number of licensed community foster homes and the number of available spaces in licensed community foster homes. 18. The number of licensed foster homes that receive the required visitation by licensing agency representatives pursuant to section 8-516. 19. The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8-516. 20. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out-of-home placement and as categorized by: (a) Age. (b) Ethnicity. (c) Case plan goal. (d) Type of out-of-home placement, categorized by age. (e) Length of time in out-of-home placement of less than thirty days, thirty-one days to twelve consecutive months, twelve to twenty-four consecutive months and more than twenty-four consecutive months, including the median, average and range of the number of out-of-home placements. (f) Primary legal status including voluntary placement for a child under eighteen years of age, temporary custody, adjudicated dependent, free for adoption, voluntary placement for a child over eighteen years of age, dually adjudicated or any other legal status. 21. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers. 22. The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by: (a) Age. (b) Ethnicity. (c) Number of placements. (d) Average length of time in care. 23. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide. 24. The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by: (a) Age. (b) Ethnicity. (c) Average length of time in care. (d) Legal status. 25. The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by: (a) Age. (b) Ethnicity. (c) Average length of time in out-of-home placement. (d) Length of time from change of case plan goal to adoptive placement. (e) Legal status. (f) Marital status and relationship of the adoptive parent or parents to the child. 26. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by: (a) Age. (b) Ethnicity. (c) Cause of the disruption. (d) Marital status and relationship of the adoptive parent or parents to the child. 27. The number of children whose adoptions were finalized during the reporting period and as categorized by: (a) Average length of time in out-of-home placement before adoptive placement. (b) Average length of time in adoptive placement before the final order of adoption. (c) Marital status and relationship of the adoptive parent or parents to the child. 28. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by: (a) The cause of death. (b) The type of out-of-home placement at the time of death. 29. The number of children with an open or active child safety services case who died due to abuse, categorized by the person or persons who had care or custody of the child at the time of the child's death as follows: (a) Biological parent or parents. (b) Other family member. (c) Adoptive parent or parents. (d) Foster care parent or parents. (e) Other out-of-home care provider. 30. The number of children with an open or active child safety services case who died due to abuse allegedly caused by an adult household member who is not listed pursuant to paragraph 29 of this subsection. 31. The ratio of supervisors to specialists by region. 32. The source and use of federal monies in the department. 33. The source and use of state monies in the department. 34. Information regarding the educational placement of foster children pursuant to section 8-530.04, including: (a) The number of best interest educational placement determinations conducted. (b) The number of children who entered foster care and who did not receive a best interest educational placement determination. (c) The final outcome of each best interest educational placement determination. C. Based on the data presented in each reporting period, the department, in as brief a format as possible, shall describe three to five major challenges the department faces in achieving the goal of safe, permanent homes for abused and neglected children. D. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services. The department shall submit a copy of the report to the secretary of state. E. The department shall make available the following information on an annual basis: 1. The percentage of substantiations upheld by the office of administrative hearings. 2. The demographics and number of children placed with relative caregivers. 3. The demographics of kinship foster caregivers. 4. The number of relative children per kinship foster care family. 5. The department's success at maintaining kinship foster care placements. 6. The type and cost of services provided to kinship foster care families by licensed and unlicensed caregivers. 7. The cost of services provided to kinship foster caregivers compared to the cost of out-of-home placements. 8. The number of children and families, by district, receiving services through the housing assistance program during the previous fiscal year. 9. The total amount of money spent on the housing assistance program by region. 10. A programmatic and fiscal evaluation of the effectiveness of the housing assistance program that includes the amount of foster care expenditures avoided. 11. The number of children in the independent living program by age, county and education status. 12. Beginning with the 2022 data period, the statewide number of children in substantiated reports for investigation that are received in the twelve months before the current annual reporting period and that allege neglect as defined in section 8-201, paragraph 25, subdivision (c) and the number of children in these reports who were: (a) Removed within thirty days after the date the report is received. (b) Removed within six months after the date the report is received. F. The department shall make available the following information on a monthly basis: 1. Operations and workforce data measures that include: (a) Staff vacancy levels by position category and turnover. (b) New hires, separations, turnover and voluntary attrition delineated by field position, safety specialists, hotline staff, caseworkers in training, program, program supervisors, case aides, office of child welfare investigations staff and administrative staff. (c) Hotline performance. (d) Reports received by maltreatment type, priority and response time. (e) Inactive cases by disposition. (f) Open reports. (g) Entries and exits from the foster care population by exit type. (h) Support service provision. (i) Demographics, placement types and case plan goals of the foster care population. (j) The number and type of licensed foster homes that leave the foster care system and the reason for the exit. 2. Financial data that compares total expenditures each month and year-to-date as compared to prior year totals, appropriation totals and projected expenditure totals, delineated by appropriation and appropriated fund source. G. The department shall make the information required pursuant to subsection F of this section available within sixty days after the end of the applicable reporting period. H. The department shall notify the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting when an update is made on information that must be made available pursuant to subsection B or F of this section. END_STATUTE Sec. 4. Repeal Section 8-819, Arizona Revised Statutes, is repealed. Sec. 5. Title 8, chapter 4, article 8, Arizona Revised Statutes, is amended by adding a new section 8-819, to read: START_STATUTE8-819. Prenatal substance exposure; abuse; neglect; arrest; immunity from investigation a. A finding of prenatal substance exposure, withdrawal symptoms from prenatal substance exposure or fetal alcohol spectrum disorder may not be the BASIS: 1. of an allegation of abuse or neglect, of a department of CHILD safety abuse or neglect investigation or of any detention, search, arrest or imposition of any penalty of any kind under the laws of this state or any locality against a pregnant woman or parent. 2. for abrogating or limiting any right or privilege conferred or protected by the laws of this state or any locality of a pregnant woman or parent. b. This section does not prohibit investigations of abuse or neglect based on factors other than prenatal substance exposure, withdrawal symptoms from prenatal substance exposure or fetal alcohol spectrum disorder.END_STATUTE Sec. 6. Section 8-846, Arizona Revised Statutes, is amended to read: START_STATUTE8-846. Services provided to the child and family A. Except as provided in subsections D, E and F of this section, if the child has been removed from the home, the court shall order the department to make reasonable efforts to provide services to the child and the child's parent. B. If the court determines that services supplemental to those provided through the department are available from another source at no cost to this state, the court may order the services on agreement of the provider. C. The court may employ an individual or individuals to facilitate collaboration between the parties and to ensure the delivery of court-ordered services. An employee acting in that capacity has access to all documents and information necessary to ensure service delivery regarding the child and the child's family without obtaining prior approval from the child, the child's family or the court. The employee may disclose documents and information the employee acquires, reviews or produces only as prescribed pursuant to section 8-807. D. The court shall consider the following factors in determining whether reunification services are required to be provided. Reunification services are not required to be provided if the court finds by clear and convincing evidence that: 1. One or more of the following aggravating circumstances exist: (a) A party to the action provides a verified affidavit that states that a reasonably diligent search has failed to identify and locate the parent within three months after the filing of the dependency petition or the parent has expressed no interest in reunification with the child for at least three months after the filing of the dependency petition. (b) The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefitting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child's removal from the home. (c) The child previously has been removed and adjudicated dependent due to physical or sexual abuse. After the adjudication the child was returned to the custody of the parent or guardian and then subsequently removed within eighteen months due to additional physical or sexual abuse. (d) The parent or guardian committed an act that constitutes a dangerous crime against children as defined in section 13-705 or caused a child to suffer serious physical injury or emotional injury or the parent or guardian knew or reasonably should have known that another person committed an act that constitutes a dangerous crime against children as defined in section 13-705 or caused a child to suffer serious physical injury or emotional injury. (e) The parent's rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination and the parent is unable to discharge parental responsibilities. (f) After a finding that a child is dependent, all of the following are true: (i) A child has been removed from the parent or guardian on at least two previous occasions. (ii) Reunification services were offered or provided to the parent or guardian after the removal. (iii) The parent or guardian is unable to discharge parental responsibilities. (g) A child who is currently under six months of age was exposed to a drug or substance as described in section 8-201, paragraph 25, subdivision (c) and both of the following are true: (i) The parent of the child is unable to discharge parental responsibilities because of a history of chronic abuse of dangerous drugs or controlled substances. (ii) Reasonable grounds exist to believe that the parent's condition will continue for a prolonged or indeterminate period based on a competent opinion from a licensed health care provider with experience in the area of substance abuse disorders. For the purposes of this item "licensed health care provider" means a physician licensed pursuant to title 32, chapter 13 or 17, a psychologist licensed pursuant to title 32, chapter 19.1, a nurse practitioner licensed pursuant to title 32, chapter 15 whose population foci include psychiatric and mental health or a licensed independent addiction counselor licensed pursuant to title 32, chapter 33. 2. The parent or guardian of a child has been convicted of a dangerous crime against children as defined in section 13-705, murder or manslaughter of a child, or of sexual abuse of a child, sexual assault of a child, sexual conduct with a minor, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor or luring a minor for sexual exploitation. 3. The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed in paragraph 2 of this subsection. E. The court shall consider any criminal prosecution relating to the offenses that led to the child's removal from the home and shall abide by any orders of the criminal court. Information may be provided by law enforcement or the county attorney. F. If a dependency petition was filed pursuant to section 8-873.01 or 8-874, subsection J, the court may direct the division not to provide reunification services to the child's parents unless the court finds by clear and convincing evidence that these services would be in the child's best interests. END_STATUTE Sec. 7. Section 13-3620, Arizona Revised Statutes, is amended to read: START_STATUTE13-3620. Duty to report abuse, physical injury, neglect and denial or deprivation of medical or surgical care or nourishment of minors; medical records; exception; violation; classification; definitions A. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under section 36-2281 shall immediately report or cause reports to be made of this information to a peace officer, to the department of child safety or to a tribal law enforcement or social services agency for any Indian minor who resides on an Indian reservation, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. A member of the clergy, a Christian Science practitioner or a priest who has received a confidential communication or a confession in that person's role as a member of the clergy, as a Christian Science practitioner or as a priest in the course of the discipline enjoined by the church to which the member of the clergy, the Christian Science practitioner or the priest belongs may withhold reporting of the communication or confession if the member of the clergy, the Christian Science practitioner or the priest determines that it is reasonable and necessary within the concepts of the religion. This exemption applies only to the communication or confession and not to personal observations the member of the clergy, the Christian Science practitioner or the priest may otherwise make of the minor. For the purposes of this subsection, "person" means: 1. Any physician, physician's assistant, optometrist, dentist, osteopathic physician, chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor or social worker who develops the reasonable belief in the course of treating a patient. 2. Any peace officer, child welfare investigator, child safety worker, member of the clergy, priest or Christian Science practitioner. 3. The parent, stepparent or guardian of the minor. 4. School personnel, domestic violence victim advocates or sexual assault victim advocates who develop the reasonable belief in the course of their employment. 5. Any other person who has responsibility for the care or treatment of the minor. 6. Any person who is employed as the immediate or next higher level supervisor to or administrator of a person who is listed in paragraph 1, 2, 4 or 5 of this subsection and who develops the reasonable belief in the course of the supervisor's or administrator's employment, except that if the supervisor or administrator reasonably believes that the report has been made by a person who is required to report pursuant to paragraph 1, 2, 4 or 5 of this subsection, the supervisor or administrator is not required to report pursuant to this paragraph. B. A report is not required under this section either if any of the following applies: 1. For conduct prescribed by sections 13-1404 and 13-1405 if the conduct involves only minors who are fourteen, fifteen, sixteen or seventeen years of age and there is nothing to indicate that the conduct is other than consensual. 2. If a minor is of elementary school age, the physical injury occurs accidentally in the course of typical playground activity during a school day, occurs on the premises of the school that the minor attends and is reported to the legal parent or guardian of the minor and the school maintains a written record of the incident. 3. If a health professional who is regulated pursuant to title 32, after a routine newborn physical assessment of a newborn infant's health status or following receipt of a positive toxicology screen or laboratory test of a newborn infant, reasonably believes that the newborn infant may be affected by prenatal substance exposure as defined in section 8-201, withdrawal symptoms resulting from prenatal substance exposure or fetal alcohol spectrum disorder. C. If a physician, psychologist or behavioral health professional receives a statement from a person other than a parent, stepparent, guardian or custodian of the minor during the course of providing sex offender treatment that is not court ordered or that does not occur while the offender is incarcerated in the state department of corrections or the department of juvenile corrections, the physician, psychologist or behavioral health professional may withhold the reporting of that statement if the physician, psychologist or behavioral health professional determines it is reasonable and necessary to accomplish the purposes of the treatment. D. Reports shall be made immediately either electronically or by telephone. The reports shall contain the following information, if known: 1. The names and addresses of the minor and the minor's parents or the person or persons having custody of the minor. 2. The minor's age and the nature and extent of the minor's abuse, child abuse, physical injury or neglect, including any evidence of previous abuse, child abuse, physical injury or neglect. 3. Any other information that the person believes might be helpful in establishing the cause of the abuse, child abuse, physical injury or neglect. E. A health care professional who is regulated pursuant to title 32 and who, after a routine newborn physical assessment of a newborn infant's health status or following notification of positive toxicology screens of a newborn infant, reasonably believes that the newborn infant may be affected by the presence of alcohol or a drug listed in section 13-3401 shall immediately report this information, or cause a report to be made, to the department of child safety. For the purposes of this subsection, "newborn infant" means a newborn infant who is under thirty days of age. F. E. Any person other than one required to report or cause reports to be made under subsection A of this section who reasonably believes that a minor is or has been a victim of abuse, child abuse, physical injury, a reportable offense or neglect may report the information to a peace officer or to the department of child safety, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. G. F. A person who has custody or control of medical records of a minor for whom a report is required or authorized under this section shall make the records, or a copy of the records, available to a peace officer, child welfare investigator or child safety worker investigating the minor's neglect, child abuse, physical injury or abuse on written request for the records signed by the peace officer, child welfare investigator or child safety worker. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding or investigation resulting from a report required or authorized under this section. H. G. When reports are received by a peace officer, the officer shall immediately notify the department of child safety. Notwithstanding any other statute, when the department receives these reports, it shall immediately notify a peace officer in the appropriate jurisdiction. I. H. Any person who is required to receive reports pursuant to subsection A of this section may take or cause to be taken photographs of the minor and the vicinity involved. Forensic interviews or medical examinations, or both, of the involved minor may be performed. J. I. A person who furnishes a report, information or records required or authorized under this section, or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information or records required or authorized under this section, is immune from any civil or criminal liability by reason of that action unless the person acted with malice or unless the person has been charged with or is suspected of abusing or neglecting the child or children in question. K. J. Except for the attorney client privilege or the privilege under subsection L K of this section, no privilege applies to any: 1. Civil or criminal litigation or administrative proceeding in which a minor's neglect, dependency, abuse, child abuse, physical injury or abandonment is an issue. 2. Judicial or administrative proceeding resulting from a report, information or records submitted pursuant to this section. 3. Investigation of a minor's child abuse, physical injury, neglect or abuse conducted by a peace officer or the department of child safety. L. K. In any civil or criminal litigation in which a child's neglect, dependency, physical injury, abuse, child abuse or abandonment is an issue, a member of the clergy, a Christian Science practitioner or a priest shall not, without his consent, be examined as a witness concerning any confession made to him in his role as a member of the clergy, a Christian Science practitioner or a priest in the course of the discipline enjoined by the church to which he belongs. This subsection does not discharge a member of the clergy, a Christian Science practitioner or a priest from the duty to report pursuant to subsection A of this section. M. L. If psychiatric records are requested pursuant to subsection G f of this section, the custodian of the records shall notify the attending psychiatrist, who may excise from the records, before they are made available: 1. Personal information about individuals other than the patient. 2. Information regarding specific diagnosis or treatment of a psychiatric condition, if the attending psychiatrist certifies in writing that release of the information would be detrimental to the patient's health or treatment. N. M. If any portion of a psychiatric record is excised pursuant to subsection M L of this section, a court, on application of a peace officer, child welfare investigator or child safety worker, may order that the entire record or any portion of the record that contains information relevant to the reported abuse, child abuse, physical injury or neglect be made available to the peace officer, child welfare investigator or child safety worker investigating the abuse, child abuse, physical injury or neglect. O. N. A person who violates this section is guilty of a class 1 misdemeanor, except if the failure to report involves a reportable offense, the person is guilty of a class 6 felony. P. For the purposes of this section: 1. "Abuse" has the same meaning prescribed in section 8-201. 2. "Child abuse" means child abuse pursuant to section 13-3623. 3. "Neglect" has the same meaning prescribed in section 8-201. 4. "Reportable offense" means any of the following: (a) Any offense listed in chapters 14 and 35.1 of this title or section 13-3506. (b) Surreptitious photographing, videotaping, filming or digitally recording or viewing a minor pursuant to section 13-3019. (c) Child sex trafficking pursuant to section 13-3212. (d) Incest pursuant to section 13-3608. (e) Unlawful mutilation pursuant to section 13-1214. END_STATUTE Sec. 8. Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 5.1, to read: ARTICLE 5.1. PRENATAL SUBSTANCE USE TREATMENT AND PRIVACY START_STATUTE36-705. Definitions In this article, unless the context otherwise requires: 1. "Advisory council" means the substance exposed pregnancy and newborn advisory council established by section 36-705.01. 2. "Department" means the department of health services. 3. "Director" means the director of the department of health services. 4. "Plan of safe care" means a plan that complies with the department guidelines adopted pursuant to section 36-705.02. 5. "Prenatal substance exposure" means a determination by a health professional who is regulated pursuant to title 32 that a newborn infant was exposed prenatally to a substance and that this exposure was not the result of a medical treatment administered to the pregnant patient during pregnancy or childbirth or to the newborn infant by a health professional who is regulated pursuant to title 32. 6. "Prenatal substance use program" means any evidence-based program that does not use coercion or involuntary treatment and that is designed to support the well-being of a pregnant patient using substances during the prenatal and postpartum period without risk of criminal or civil penalties or investigation by the department of child safety for abuse or neglect. 7. "Provider" means any physician, hospital or other person that is licensed or otherwise authorized to provide health care services in this state. 8. "Substance": (a) Means a dangerous drug or NARCOTIC drug as defined in section 13-3401. (b) Includes a legal substance that is being misused.END_STATUTE START_STATUTE36-705.01. Substance exposed pregnancy and newborn advisory council; membership; duties; reporting A. The substance exposed pregnancy and newborn advisory council is established in the department consisting of the director or the director's designee who is employed by the department and the following members who are appointed by the director: 1. One physician who is licensed pursuant to title 32, chapter 13 or 17 and who has experience in obstetrics. 2. One physician who is licensed pursuant to title 32, chapter 13 or 17 and who has experience in addiction medicine. 3. One physician who is licensed pursuant to title 32, chapter 13 or 17 and who specializes in neonatology. 4. One nurse midwife or nurse practitioner who is licensed pursuant to title 32, chapter 15. 5. One behavioral health professional who is licensed pursuant to title 32, chapter 33. 6. Two representatives from organizations that provide evidence-based substance use treatment or support to pregnant persons with substance use issues. 7. Two public members who have significant experience with substance use in pregnancy. B. the advisory council shall: 1. Propose rules relating to the plan of safe care for pregnant patients and substance exposed newborns. 2. Establish criteria for the substance exposed pregnancy and newborn pilot program to receive grants. 3. Oversee the application process and review applications for the substance exposed pregnancy and newborn pilot program grants to assist the director in selecting the most credible and effective models of care. 4. Ensure that all advisory council meetings are open to the public and allow for public testimony. 5. On or before July 1 of each year, make recommendations to the governor, the speaker of the house of representatives, the president of the senate and the department on expanding noncoercive evidence-based models for pregnant patients and the availability of treatment programs for pregnant patients and substance exposed newborns. C. Members of the advisory council are not ELIGIBLE to RECEIVE compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.END_STATUTE START_STATUTE36-705.02. Rules; plan of safe care; required notification A. On or before July 1, 2026, the department, in consultation with the advisory council, shall develop rules for all of the following: 1. A written plan of safe care for newborn infants who exhibit symptoms consistent with prenatal substance exposure, withdrawal symptoms from prenatal substance exposure or fetal alcohol spectrum disorder that: (a) Address the health and substance use disorder treatment needs of the infant and the affected family or caregiver. (b) Guide providers' participation in the discharge planning process, including the establishment of written plans of safe care that shall be developed between the providers and parents of the newborns as part of the process. (c) Does not include coercive or involuntary treatment or personally identifying information of the newborn infant or parents. 2. The submission of notifications to the department involving substance use during pregnancy or a newborn infant born with or identified as being affected by substance use or withdrawal symptoms resulting from prenatal substance exposure or fetal alcohol spectrum disorder. The notifications must include, if available: (a) Deidentified demographic information of the parent and infant. (b) Whether the report is based on suspicion of substance use, withdrawal symptoms resulting from prenatal substance exposure or fetal alcohol spectrum disorder and the alleged substance or substances involved. (c) The name, address and contact information of the person making the report. (d) The plan of safe care for the newborn infant. 3. The transmission of notifications received under this section to the department of child safety in deidentified form, and for the development and implementation of the review of plans of safe care received under this section to ensure the delivery of appropriate services for the infant and the affected family or caregiver. B. A health professional who is licensed or certified pursuant to title 32 and who reasonably believes after a routine newborn physical assessment of a newborn infant's health status or following notification of positive toxicology screens of a newborn infant that the newborn infant may be affected by substance exposure, withdrawal symptoms resulting from prenatal substance exposure or fetal alcohol spectrum disorder shall notify the department of the condition in the newborn. The notification shall be made in a form and manner prescribed by the director and shall include a copy of the plan of safe care created pursuant to the rules adopted pursuant to this section. The plan of safe care may not include personally identifying information of the newborn infant or the parents. C. All notification made pursuant to this section shall comply with the child abuse prevention and treatment act (p.l. 93-247; 88 stat. 4; 42 United States code sections 5101 through 5116i) and the comprehensive addiction and recovery act of 2016 (P.l. 114-198; 130 stat. 695).END_STATUTE Sec. 9. Delayed repeal Title 36, chapter 6, article 5.1, Arizona Revised Statutes, as added by this act, is repealed from and after June 30, 2031. Sec. 10. Appropriation; department of health services; substance exposed pregnancy and newborn pilot program grants; exemption; exception A. The sum of $30,000,000 is appropriated from the state general fund in fiscal year 2025-2026 to the department of health services for substance exposed pregnancy and newborn pilot program grants pursuant to title 36, chapter 6, article 5.1, Arizona Revised Statutes, as added 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, except that monies remaining unexpended and unencumbered on July 1, 2031 revert to the state general fund. Sec. 11. Exemption from rulemaking Notwithstanding any other law, for the purposes of title 36, chapter 6, article 5.1, Arizona Revised Statutes, as added by this act, the department of health services is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, until July 1, 2026, except that the department of health services shall provide public notice and an opportunity for public comment. Sec. 12. Short title This act may be cited as the "Pregnancy Privacy and Treatment Act".
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-201, Arizona Revised Statutes, is amended to read:
START_STATUTE8-201. Definitions
In this title, unless the context otherwise requires:
1. "Abandoned" means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.
2. "Abuse":
(a) Means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child, including an employee of a child welfare agency where a child is placed that is licensed by and contracted with the department.
(b) Includes:
(i) Inflicting or allowing sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553, incest pursuant to section 13-3608 or child sex trafficking pursuant to section 13-3212.
(ii) Physical injury that results from allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in section 13-3401.
(iii) Unreasonable confinement of a child.
3. "Adult" means a person who is eighteen years of age or older.
4. "Adult court" means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8-327 and 13-501.
5. "Award" or "commit" means to assign legal custody.
6. "Child", "youth" or "juvenile" means an individual who is under eighteen years of age.
7. "Complaint" means a written statement of the essential facts constituting a public offense that is any of the following:
(a) Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer.
(b) Made pursuant to section 13-3903.
(c) Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to section 13-4261.
8. "Criminal conduct allegation" means an allegation of conduct by a parent, guardian or custodian of a child or an adult member of the victim's household that, if true, would constitute any of the following:
(a) A violation of section 13-3623 involving child abuse.
(b) A felony offense that constitutes domestic violence as defined in section 13-3601.
(c) A violation of section 13-1404 or 13-1406 involving a minor.
(d) A violation of section 13-1405, 13-1410 or 13-1417.
(e) Any other act of abuse that is classified as a felony.
(f) An offense that constitutes domestic violence as defined in section 13-3601 and that involves a minor who is a victim of or was in imminent danger during the domestic violence.
9. "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court.
10. "DCS report" means a communication received by the centralized intake hotline that alleges child abuse or neglect and that meets the criteria for a report as prescribed in section 8-455.
11. "Delinquency hearing" means a proceeding in the juvenile court to determine whether a juvenile has committed a specific delinquent act as set forth in a petition.
12. "Delinquent act" means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under section 13-501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense.
13. "Delinquent juvenile" means a child who is adjudicated to have committed a delinquent act.
14. "Department" means the department of child safety.
15. "Dependent child":
(a) Means a child who is adjudicated to be:
(i) In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control.
(ii) Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care.
(iii) A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child.
(iv) Under eight years of age and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child.
(v) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13-706.
(b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists.
16. "Detention" means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation.
17. "Director" means the director of the department.
18. "Health professional" has the same meaning prescribed in section 32-3201.
19. "Incorrigible child" means a child who:
(a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person.
(b) Is habitually truant from school as defined in section 15-803, subsection C.
(c) Is a runaway from the child's home or parent, guardian or custodian.
(d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.
(e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.
(f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.
20. "Independent living program" includes a residential program with supervision of less than twenty-four hours a day.
21. "Juvenile court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility.
22. "Law enforcement officer" means a peace officer, sheriff, deputy sheriff, municipal police officer or constable.
23. "Medical director of a mental health agency":
(a) Means a psychiatrist, or licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director.
(b) Includes the superintendent of the state hospital.
24. "Mental health agency" means any private or public facility that is licensed by this state as a mental health treatment agency, a psychiatric hospital, a psychiatric unit of a general hospital or a residential treatment center for emotionally disturbed children and that uses secure settings or mechanical restraints.
25. "Neglect" or "neglected" means:
(a) The inability refusal or intentional unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability refusal or intentional unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability refusal or intentional unwillingness of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services.
(b) Allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person with the intent and for the purpose of manufacturing a dangerous drug as defined in section 13-3401.
(c) A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in section 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional. This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in section 13-3401 beyond the requirements prescribed pursuant to section 13-3620, subsection E. The determination by the health professional shall be based on one or more of the following:
(i) Clinical indicators in the prenatal period including maternal and newborn presentation.
(ii) History of substance use or abuse.
(iii) Medical history.
(iv) Results of a toxicology or other laboratory test on the mother or the newborn infant.
(d) (c) Diagnosis by a health professional of an infant under one year of age with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects.
(e) (d) Deliberate exposure of a child by a parent, guardian or custodian to sexual conduct as defined in section 13-3551 or to sexual contact, oral sexual contact or sexual intercourse as defined in section 13-1401, bestiality as prescribed in section 13-1411 or explicit sexual materials as defined in section 13-3507.
(f) Any of the following acts committed by the child's parent, guardian or custodian with reckless disregard as to whether the child is physically present:
(i) Sexual contact as defined in section 13-1401.
(ii) Oral sexual contact as defined in section 13-1401.
(iii) Sexual intercourse as defined in section 13-1401.
(iv) Bestiality as prescribed in section 13-1411.
26. "Newborn infant" means a child who is under thirty days of age.
27. "Petition" means a written statement of the essential facts that allege delinquency, incorrigibility or dependency.
28. "Prenatal substance exposure" means a determination by a health professional who is regulated pursuant to title 32 that a newborn infant was exposed prenatally to a substance and that exposure was not the result of medical treatment administered to the pregnant patient during pregnancy or childbirth or to the newborn infant by a health professional WHO IS REGULATED PURSUANT TO TITLE 32.
28. 29. "Prevention" means the creation of conditions, opportunities and experiences that encourage and develop healthy, self-sufficient children and that occur before the onset of problems.
29. 30. "Protective supervision" means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible.
30. 31. "Qualified young adult" means a former dependent child who is at least eighteen years of age and not over twenty-one years of age, who meets the criteria for an extended foster care program pursuant to section 8-521.02 and who signs a voluntary agreement to participate in the program.
31. 32. "Referral" means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act.
32. 33. "Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress.
33. 34. "Serious emotional injury" means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following:
(a) Seriously impairs mental faculties.
(b) Causes serious anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment.
(c) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.
34. 35. "Serious physical injury" means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following:
(a) Creates a reasonable risk of death.
(b) Causes serious or permanent disfigurement.
(c) Causes significant physical pain.
(d) Causes serious impairment of health.
(e) Causes the loss or protracted impairment of an organ or limb.
(f) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.
35. 36. "Shelter care" means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community.
36. 37. "Standardized hotline assessment tool" means any written tool used to make a determination that the allegation of abuse or neglect that is the subject of a report received pursuant to section 8-455 involves conduct that warrants investigation by the department pursuant to section 8-456 or 8-471.
38. "substance":
(a) Means a dangerous drug or narcotic drug as defined in section 13-3401.
(b) includes a legal substance that is being misused.
37. 39. "Young adult administrative review" means an administrative review of a voluntary extended foster care case plan with the qualified young adult, the department's case specialist or designee, an independent party who is not responsible for the case management of or the delivery of services to the qualified young adult and any other individual the young adult invites. END_STATUTE
Sec. 2. Section 8-455, Arizona Revised Statutes, is amended to read:
START_STATUTE8-455. Centralized intake hotline; purposes; report of possible crime; DCS report; standardized hotline assessment tools; access to information; public awareness; definitions
A. The department shall operate and maintain a centralized intake hotline to protect children by receiving at all times communications concerning suspected abuse or neglect. If a person communicates suspected abuse or neglect to a department employee other than through the hotline, the employee shall refer the person or communication to the hotline.
B. The hotline is the first step in the safety assessment and investigation process and must be operated to:
1. Record communications made concerning suspected abuse or neglect.
2. if there is no information or indication that a child is currently being abused or neglected, divert communications and reports concerning prenatal substance exposure, withdrawal symptoms from prenatal substance exposure or fetal alcohol spectrum disorder to the department of HEALTH services pursuant to section 36-705.02 without preparing a DCS report.
2. 3. Immediately take steps necessary to identify and locate prior communications and DCS reports related to the current communication using the department's data system and the central registry system of this state.
3. 4. Quickly and efficiently provide information to a law enforcement agency or prepare a DCS report as required by this section.
4. 5. Determine the proper initial priority level of investigation based on the report screening assessment and direct the DCS report to the appropriate part of the department based on this determination.
C. If a communication provides a reason to believe that a criminal offense has been committed and the communication does not meet the criteria for a DCS report, the hotline worker shall immediately provide the information to the appropriate law enforcement agency.
D. A hotline worker shall prepare a DCS report if the identity or current location of the child victim, the child's family or the person suspected of abuse or neglect is known or can be reasonably ascertained and all of the following are alleged:
1. The suspected conduct would constitute abuse or neglect. If the suspected conduct involves neglect as defined in section 8-201, paragraph 25, subdivision (c) and a health professional determines that the newborn infant was exposed prenatally to cannabis as defined in section 13-3401, the department shall verify whether the mother is a qualifying patient as defined in section 36-2801 and possesses a valid registry identification card issued pursuant to section 36-2804.03.
2. The suspected victim of the conduct is under eighteen years of age.
3. The suspected victim of the conduct is a resident of or present in this state.
4. The person suspected of committing the abuse or neglect is the parent, guardian or custodian of the victim or an adult member of the victim's household.
E. A hotline worker shall prepare a DCS report if the identity of the person who is suspected of abuse is an employee of a child welfare agency and both of the following apply:
1. The child victim is placed with the agency.
2. The agency is licensed by and contracted with the department.
F. Except for criminal conduct allegations, the department is not required to prepare a DCS report if all of the following apply:
1. The suspected conduct occurred more than three years before the communication to the hotline.
2. There is no information or indication that a child is currently being abused or neglected.
G. Investigations of DCS reports shall be conducted as provided in section 8-456 except for investigations containing allegations of criminal conduct, which shall be conducted as provided in section 8-471.
H. The department is not required to prepare a DCS report concerning alleged abuse or neglect if the alleged act or acts occurred in a foreign country and the child is in the custody of the federal government.
I. The department shall develop and train hotline workers to use standardized hotline assessment tools to determine:
1. Whether the suspected conduct constitutes abuse or neglect and the severity of the suspected abuse or neglect.
2. Whether the suspected abuse or neglect involves criminal conduct, even if the communication does not result in the preparation of a DCS report.
3. The appropriate investigative track for referral based on the risk to the child's safety.
J. A DCS report must include, if available, all of the following:
1. The name, address or contact information for the person making the communication.
2. The name, address and other location or contact information for the parent, guardian or custodian of the child or other adult member of the child's household who is suspected of committing the abuse or neglect.
3. The name, address and other location or contact information of an employee of a child welfare agency who is suspected of committing abuse if both of the following apply:
(a) The child victim is placed with the agency.
(b) The agency is licensed by and contracted with the department.
4. The name, address and other location or contact information for the child.
5. The nature and extent of the indications of the child's abuse or neglect, including any indication of physical injury.
6. Any information regarding possible prior abuse or neglect, including reference to any communication or DCS report involving the child, the child's siblings or the person suspected of committing the abuse or neglect.
K. Information gathered through the hotline must be made available to an employee of the department in order to perform the employee's duties. The office of child welfare investigations and the inspections bureau must have immediate access to all records of the hotline.
L. A representative of the:
1. Office of child welfare investigations must be embedded in the hotline to carry out the purposes of section 8-471.
2. Inspections bureau must be embedded in the hotline to carry out the purposes of section 8-458.
M. The department shall publicize the availability and the purposes of the centralized intake hotline.
N. For the purposes of this section:
1. "Centralized intake hotline" means the system developed pursuant to this section regardless of the communication methods or technologies used to implement the system.
2. "Criminal offense" means an allegation of conduct against a child by a person other than a parent, guardian or custodian of the child victim or another adult member of the child's household that, if true, would constitute a felony offense. END_STATUTE
Sec. 3. Section 8-526, Arizona Revised Statutes, is amended to read:
START_STATUTE8-526. Child welfare; reporting requirements
A. The department shall make available program and outcomes data on its website as provided in this section, in a format that can be downloaded and that is conducive to analysis.
B. The department shall make available the following information on a semiannual basis by September 30 for the period ending the prior June 30 and by March 31 for the period ending the prior December 31:
1. Success in meeting training requirements.
2. Caseloads for child safety workers.
3. The number of new reports and reports that have been closed.
4. The number of case-carrying caseworkers in each region.
5. The number of investigations by region.
6. The number of children being served in-home and the number of children being served out-of-home by each region.
7. The total number of reports received, by major category and by priority.
8. The number of reports not responded to, by priority, by county and statewide.
9. The number of reports assigned for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.
10. The number of reports for investigations completed by priority and by major category, by county and statewide for the current and previous reporting periods and as categorized by investigations that resulted in:
(a) A substantiated report.
(b) A report currently proposed for substantiation.
(c) An unsubstantiated report.
11. The number of reports assigned for investigation that remain open for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.
12. Of the number of children reported to the department, the percentage of children placed in out-of-home care by county and statewide.
13. The number of newborn infants delivered to safe haven providers pursuant to section 13-3623.01.
14. The number of children entering out-of-home care by county during the reporting period, and the number and percentage of the children entering out-of-home care by county during the reporting period who are voluntary placements for children under eighteen years of age.
15. The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care:
(a) Within the previous twelve months.
(b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph.
16. The number and percentage of children who have remained in a shelter or receiving home for more than twenty-one consecutive days, by the child's age group.
17. The total number of licensed foster homes, the number of licensed foster homes considered kinship homes, the number of licensed community foster homes and the number of available spaces in licensed community foster homes.
18. The number of licensed foster homes that receive the required visitation by licensing agency representatives pursuant to section 8-516.
19. The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8-516.
20. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out-of-home placement and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Case plan goal.
(d) Type of out-of-home placement, categorized by age.
(e) Length of time in out-of-home placement of less than thirty days, thirty-one days to twelve consecutive months, twelve to twenty-four consecutive months and more than twenty-four consecutive months, including the median, average and range of the number of out-of-home placements.
(f) Primary legal status including voluntary placement for a child under eighteen years of age, temporary custody, adjudicated dependent, free for adoption, voluntary placement for a child over eighteen years of age, dually adjudicated or any other legal status.
21. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers.
22. The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Number of placements.
(d) Average length of time in care.
23. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide.
24. The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Average length of time in care.
(d) Legal status.
25. The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Average length of time in out-of-home placement.
(d) Length of time from change of case plan goal to adoptive placement.
(e) Legal status.
(f) Marital status and relationship of the adoptive parent or parents to the child.
26. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Cause of the disruption.
(d) Marital status and relationship of the adoptive parent or parents to the child.
27. The number of children whose adoptions were finalized during the reporting period and as categorized by:
(a) Average length of time in out-of-home placement before adoptive placement.
(b) Average length of time in adoptive placement before the final order of adoption.
(c) Marital status and relationship of the adoptive parent or parents to the child.
28. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by:
(a) The cause of death.
(b) The type of out-of-home placement at the time of death.
29. The number of children with an open or active child safety services case who died due to abuse, categorized by the person or persons who had care or custody of the child at the time of the child's death as follows:
(a) Biological parent or parents.
(b) Other family member.
(c) Adoptive parent or parents.
(d) Foster care parent or parents.
(e) Other out-of-home care provider.
30. The number of children with an open or active child safety services case who died due to abuse allegedly caused by an adult household member who is not listed pursuant to paragraph 29 of this subsection.
31. The ratio of supervisors to specialists by region.
32. The source and use of federal monies in the department.
33. The source and use of state monies in the department.
34. Information regarding the educational placement of foster children pursuant to section 8-530.04, including:
(a) The number of best interest educational placement determinations conducted.
(b) The number of children who entered foster care and who did not receive a best interest educational placement determination.
(c) The final outcome of each best interest educational placement determination.
C. Based on the data presented in each reporting period, the department, in as brief a format as possible, shall describe three to five major challenges the department faces in achieving the goal of safe, permanent homes for abused and neglected children.
D. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services. The department shall submit a copy of the report to the secretary of state.
E. The department shall make available the following information on an annual basis:
1. The percentage of substantiations upheld by the office of administrative hearings.
2. The demographics and number of children placed with relative caregivers.
3. The demographics of kinship foster caregivers.
4. The number of relative children per kinship foster care family.
5. The department's success at maintaining kinship foster care placements.
6. The type and cost of services provided to kinship foster care families by licensed and unlicensed caregivers.
7. The cost of services provided to kinship foster caregivers compared to the cost of out-of-home placements.
8. The number of children and families, by district, receiving services through the housing assistance program during the previous fiscal year.
9. The total amount of money spent on the housing assistance program by region.
10. A programmatic and fiscal evaluation of the effectiveness of the housing assistance program that includes the amount of foster care expenditures avoided.
11. The number of children in the independent living program by age, county and education status.
12. Beginning with the 2022 data period, the statewide number of children in substantiated reports for investigation that are received in the twelve months before the current annual reporting period and that allege neglect as defined in section 8-201, paragraph 25, subdivision (c) and the number of children in these reports who were:
(a) Removed within thirty days after the date the report is received.
(b) Removed within six months after the date the report is received.
F. The department shall make available the following information on a monthly basis:
1. Operations and workforce data measures that include:
(a) Staff vacancy levels by position category and turnover.
(b) New hires, separations, turnover and voluntary attrition delineated by field position, safety specialists, hotline staff, caseworkers in training, program, program supervisors, case aides, office of child welfare investigations staff and administrative staff.
(c) Hotline performance.
(d) Reports received by maltreatment type, priority and response time.
(e) Inactive cases by disposition.
(f) Open reports.
(g) Entries and exits from the foster care population by exit type.
(h) Support service provision.
(i) Demographics, placement types and case plan goals of the foster care population.
(j) The number and type of licensed foster homes that leave the foster care system and the reason for the exit.
2. Financial data that compares total expenditures each month and year-to-date as compared to prior year totals, appropriation totals and projected expenditure totals, delineated by appropriation and appropriated fund source.
G. The department shall make the information required pursuant to subsection F of this section available within sixty days after the end of the applicable reporting period.
H. The department shall notify the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting when an update is made on information that must be made available pursuant to subsection B or F of this section. END_STATUTE
Sec. 4. Repeal
Section 8-819, Arizona Revised Statutes, is repealed.
Sec. 5. Title 8, chapter 4, article 8, Arizona Revised Statutes, is amended by adding a new section 8-819, to read:
START_STATUTE8-819. Prenatal substance exposure; abuse; neglect; arrest; immunity from investigation
a. A finding of prenatal substance exposure, withdrawal symptoms from prenatal substance exposure or fetal alcohol spectrum disorder may not be the BASIS:
1. of an allegation of abuse or neglect, of a department of CHILD safety abuse or neglect investigation or of any detention, search, arrest or imposition of any penalty of any kind under the laws of this state or any locality against a pregnant woman or parent.
2. for abrogating or limiting any right or privilege conferred or protected by the laws of this state or any locality of a pregnant woman or parent.
b. This section does not prohibit investigations of abuse or neglect based on factors other than prenatal substance exposure, withdrawal symptoms from prenatal substance exposure or fetal alcohol spectrum disorder.END_STATUTE
Sec. 6. Section 8-846, Arizona Revised Statutes, is amended to read:
START_STATUTE8-846. Services provided to the child and family
A. Except as provided in subsections D, E and F of this section, if the child has been removed from the home, the court shall order the department to make reasonable efforts to provide services to the child and the child's parent.
B. If the court determines that services supplemental to those provided through the department are available from another source at no cost to this state, the court may order the services on agreement of the provider.
C. The court may employ an individual or individuals to facilitate collaboration between the parties and to ensure the delivery of court-ordered services. An employee acting in that capacity has access to all documents and information necessary to ensure service delivery regarding the child and the child's family without obtaining prior approval from the child, the child's family or the court. The employee may disclose documents and information the employee acquires, reviews or produces only as prescribed pursuant to section 8-807.
D. The court shall consider the following factors in determining whether reunification services are required to be provided. Reunification services are not required to be provided if the court finds by clear and convincing evidence that:
1. One or more of the following aggravating circumstances exist:
(a) A party to the action provides a verified affidavit that states that a reasonably diligent search has failed to identify and locate the parent within three months after the filing of the dependency petition or the parent has expressed no interest in reunification with the child for at least three months after the filing of the dependency petition.
(b) The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefitting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child's removal from the home.
(c) The child previously has been removed and adjudicated dependent due to physical or sexual abuse. After the adjudication the child was returned to the custody of the parent or guardian and then subsequently removed within eighteen months due to additional physical or sexual abuse.
(d) The parent or guardian committed an act that constitutes a dangerous crime against children as defined in section 13-705 or caused a child to suffer serious physical injury or emotional injury or the parent or guardian knew or reasonably should have known that another person committed an act that constitutes a dangerous crime against children as defined in section 13-705 or caused a child to suffer serious physical injury or emotional injury.
(e) The parent's rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination and the parent is unable to discharge parental responsibilities.
(f) After a finding that a child is dependent, all of the following are true:
(i) A child has been removed from the parent or guardian on at least two previous occasions.
(ii) Reunification services were offered or provided to the parent or guardian after the removal.
(iii) The parent or guardian is unable to discharge parental responsibilities.
(g) A child who is currently under six months of age was exposed to a drug or substance as described in section 8-201, paragraph 25, subdivision (c) and both of the following are true:
(i) The parent of the child is unable to discharge parental responsibilities because of a history of chronic abuse of dangerous drugs or controlled substances.
(ii) Reasonable grounds exist to believe that the parent's condition will continue for a prolonged or indeterminate period based on a competent opinion from a licensed health care provider with experience in the area of substance abuse disorders. For the purposes of this item "licensed health care provider" means a physician licensed pursuant to title 32, chapter 13 or 17, a psychologist licensed pursuant to title 32, chapter 19.1, a nurse practitioner licensed pursuant to title 32, chapter 15 whose population foci include psychiatric and mental health or a licensed independent addiction counselor licensed pursuant to title 32, chapter 33.
2. The parent or guardian of a child has been convicted of a dangerous crime against children as defined in section 13-705, murder or manslaughter of a child, or of sexual abuse of a child, sexual assault of a child, sexual conduct with a minor, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor or luring a minor for sexual exploitation.
3. The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed in paragraph 2 of this subsection.
E. The court shall consider any criminal prosecution relating to the offenses that led to the child's removal from the home and shall abide by any orders of the criminal court. Information may be provided by law enforcement or the county attorney.
F. If a dependency petition was filed pursuant to section 8-873.01 or 8-874, subsection J, the court may direct the division not to provide reunification services to the child's parents unless the court finds by clear and convincing evidence that these services would be in the child's best interests. END_STATUTE
Sec. 7. Section 13-3620, Arizona Revised Statutes, is amended to read:
START_STATUTE13-3620. Duty to report abuse, physical injury, neglect and denial or deprivation of medical or surgical care or nourishment of minors; medical records; exception; violation; classification; definitions
A. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under section 36-2281 shall immediately report or cause reports to be made of this information to a peace officer, to the department of child safety or to a tribal law enforcement or social services agency for any Indian minor who resides on an Indian reservation, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. A member of the clergy, a Christian Science practitioner or a priest who has received a confidential communication or a confession in that person's role as a member of the clergy, as a Christian Science practitioner or as a priest in the course of the discipline enjoined by the church to which the member of the clergy, the Christian Science practitioner or the priest belongs may withhold reporting of the communication or confession if the member of the clergy, the Christian Science practitioner or the priest determines that it is reasonable and necessary within the concepts of the religion. This exemption applies only to the communication or confession and not to personal observations the member of the clergy, the Christian Science practitioner or the priest may otherwise make of the minor. For the purposes of this subsection, "person" means:
1. Any physician, physician's assistant, optometrist, dentist, osteopathic physician, chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor or social worker who develops the reasonable belief in the course of treating a patient.
2. Any peace officer, child welfare investigator, child safety worker, member of the clergy, priest or Christian Science practitioner.
3. The parent, stepparent or guardian of the minor.
4. School personnel, domestic violence victim advocates or sexual assault victim advocates who develop the reasonable belief in the course of their employment.
5. Any other person who has responsibility for the care or treatment of the minor.
6. Any person who is employed as the immediate or next higher level supervisor to or administrator of a person who is listed in paragraph 1, 2, 4 or 5 of this subsection and who develops the reasonable belief in the course of the supervisor's or administrator's employment, except that if the supervisor or administrator reasonably believes that the report has been made by a person who is required to report pursuant to paragraph 1, 2, 4 or 5 of this subsection, the supervisor or administrator is not required to report pursuant to this paragraph.
B. A report is not required under this section either if any of the following applies:
1. For conduct prescribed by sections 13-1404 and 13-1405 if the conduct involves only minors who are fourteen, fifteen, sixteen or seventeen years of age and there is nothing to indicate that the conduct is other than consensual.
2. If a minor is of elementary school age, the physical injury occurs accidentally in the course of typical playground activity during a school day, occurs on the premises of the school that the minor attends and is reported to the legal parent or guardian of the minor and the school maintains a written record of the incident.
3. If a health professional who is regulated pursuant to title 32, after a routine newborn physical assessment of a newborn infant's health status or following receipt of a positive toxicology screen or laboratory test of a newborn infant, reasonably believes that the newborn infant may be affected by prenatal substance exposure as defined in section 8-201, withdrawal symptoms resulting from prenatal substance exposure or fetal alcohol spectrum disorder.
C. If a physician, psychologist or behavioral health professional receives a statement from a person other than a parent, stepparent, guardian or custodian of the minor during the course of providing sex offender treatment that is not court ordered or that does not occur while the offender is incarcerated in the state department of corrections or the department of juvenile corrections, the physician, psychologist or behavioral health professional may withhold the reporting of that statement if the physician, psychologist or behavioral health professional determines it is reasonable and necessary to accomplish the purposes of the treatment.
D. Reports shall be made immediately either electronically or by telephone. The reports shall contain the following information, if known:
1. The names and addresses of the minor and the minor's parents or the person or persons having custody of the minor.
2. The minor's age and the nature and extent of the minor's abuse, child abuse, physical injury or neglect, including any evidence of previous abuse, child abuse, physical injury or neglect.
3. Any other information that the person believes might be helpful in establishing the cause of the abuse, child abuse, physical injury or neglect.
E. A health care professional who is regulated pursuant to title 32 and who, after a routine newborn physical assessment of a newborn infant's health status or following notification of positive toxicology screens of a newborn infant, reasonably believes that the newborn infant may be affected by the presence of alcohol or a drug listed in section 13-3401 shall immediately report this information, or cause a report to be made, to the department of child safety. For the purposes of this subsection, "newborn infant" means a newborn infant who is under thirty days of age.
F. E. Any person other than one required to report or cause reports to be made under subsection A of this section who reasonably believes that a minor is or has been a victim of abuse, child abuse, physical injury, a reportable offense or neglect may report the information to a peace officer or to the department of child safety, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only.
G. F. A person who has custody or control of medical records of a minor for whom a report is required or authorized under this section shall make the records, or a copy of the records, available to a peace officer, child welfare investigator or child safety worker investigating the minor's neglect, child abuse, physical injury or abuse on written request for the records signed by the peace officer, child welfare investigator or child safety worker. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding or investigation resulting from a report required or authorized under this section.
H. G. When reports are received by a peace officer, the officer shall immediately notify the department of child safety. Notwithstanding any other statute, when the department receives these reports, it shall immediately notify a peace officer in the appropriate jurisdiction.
I. H. Any person who is required to receive reports pursuant to subsection A of this section may take or cause to be taken photographs of the minor and the vicinity involved. Forensic interviews or medical examinations, or both, of the involved minor may be performed.
J. I. A person who furnishes a report, information or records required or authorized under this section, or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information or records required or authorized under this section, is immune from any civil or criminal liability by reason of that action unless the person acted with malice or unless the person has been charged with or is suspected of abusing or neglecting the child or children in question.
K. J. Except for the attorney client privilege or the privilege under subsection L K of this section, no privilege applies to any:
1. Civil or criminal litigation or administrative proceeding in which a minor's neglect, dependency, abuse, child abuse, physical injury or abandonment is an issue.
2. Judicial or administrative proceeding resulting from a report, information or records submitted pursuant to this section.
3. Investigation of a minor's child abuse, physical injury, neglect or abuse conducted by a peace officer or the department of child safety.
L. K. In any civil or criminal litigation in which a child's neglect, dependency, physical injury, abuse, child abuse or abandonment is an issue, a member of the clergy, a Christian Science practitioner or a priest shall not, without his consent, be examined as a witness concerning any confession made to him in his role as a member of the clergy, a Christian Science practitioner or a priest in the course of the discipline enjoined by the church to which he belongs. This subsection does not discharge a member of the clergy, a Christian Science practitioner or a priest from the duty to report pursuant to subsection A of this section.
M. L. If psychiatric records are requested pursuant to subsection G f of this section, the custodian of the records shall notify the attending psychiatrist, who may excise from the records, before they are made available:
1. Personal information about individuals other than the patient.
2. Information regarding specific diagnosis or treatment of a psychiatric condition, if the attending psychiatrist certifies in writing that release of the information would be detrimental to the patient's health or treatment.
N. M. If any portion of a psychiatric record is excised pursuant to subsection M L of this section, a court, on application of a peace officer, child welfare investigator or child safety worker, may order that the entire record or any portion of the record that contains information relevant to the reported abuse, child abuse, physical injury or neglect be made available to the peace officer, child welfare investigator or child safety worker investigating the abuse, child abuse, physical injury or neglect.
O. N. A person who violates this section is guilty of a class 1 misdemeanor, except if the failure to report involves a reportable offense, the person is guilty of a class 6 felony.
P. For the purposes of this section:
1. "Abuse" has the same meaning prescribed in section 8-201.
2. "Child abuse" means child abuse pursuant to section 13-3623.
3. "Neglect" has the same meaning prescribed in section 8-201.
4. "Reportable offense" means any of the following:
(a) Any offense listed in chapters 14 and 35.1 of this title or section 13-3506.
(b) Surreptitious photographing, videotaping, filming or digitally recording or viewing a minor pursuant to section 13-3019.
(c) Child sex trafficking pursuant to section 13-3212.
(d) Incest pursuant to section 13-3608.
(e) Unlawful mutilation pursuant to section 13-1214. END_STATUTE
Sec. 8. Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 5.1, to read:
ARTICLE 5.1. PRENATAL SUBSTANCE USE TREATMENT AND PRIVACY
START_STATUTE36-705. Definitions
In this article, unless the context otherwise requires:
1. "Advisory council" means the substance exposed pregnancy and newborn advisory council established by section 36-705.01.
2. "Department" means the department of health services.
3. "Director" means the director of the department of health services.
4. "Plan of safe care" means a plan that complies with the department guidelines adopted pursuant to section 36-705.02.
5. "Prenatal substance exposure" means a determination by a health professional who is regulated pursuant to title 32 that a newborn infant was exposed prenatally to a substance and that this exposure was not the result of a medical treatment administered to the pregnant patient during pregnancy or childbirth or to the newborn infant by a health professional who is regulated pursuant to title 32.
6. "Prenatal substance use program" means any evidence-based program that does not use coercion or involuntary treatment and that is designed to support the well-being of a pregnant patient using substances during the prenatal and postpartum period without risk of criminal or civil penalties or investigation by the department of child safety for abuse or neglect.
7. "Provider" means any physician, hospital or other person that is licensed or otherwise authorized to provide health care services in this state.
8. "Substance":
(a) Means a dangerous drug or NARCOTIC drug as defined in section 13-3401.
(b) Includes a legal substance that is being misused.END_STATUTE
START_STATUTE36-705.01. Substance exposed pregnancy and newborn advisory council; membership; duties; reporting
A. The substance exposed pregnancy and newborn advisory council is established in the department consisting of the director or the director's designee who is employed by the department and the following members who are appointed by the director:
1. One physician who is licensed pursuant to title 32, chapter 13 or 17 and who has experience in obstetrics.
2. One physician who is licensed pursuant to title 32, chapter 13 or 17 and who has experience in addiction medicine.
3. One physician who is licensed pursuant to title 32, chapter 13 or 17 and who specializes in neonatology.
4. One nurse midwife or nurse practitioner who is licensed pursuant to title 32, chapter 15.
5. One behavioral health professional who is licensed pursuant to title 32, chapter 33.
6. Two representatives from organizations that provide evidence-based substance use treatment or support to pregnant persons with substance use issues.
7. Two public members who have significant experience with substance use in pregnancy.
B. the advisory council shall:
1. Propose rules relating to the plan of safe care for pregnant patients and substance exposed newborns.
2. Establish criteria for the substance exposed pregnancy and newborn pilot program to receive grants.
3. Oversee the application process and review applications for the substance exposed pregnancy and newborn pilot program grants to assist the director in selecting the most credible and effective models of care.
4. Ensure that all advisory council meetings are open to the public and allow for public testimony.
5. On or before July 1 of each year, make recommendations to the governor, the speaker of the house of representatives, the president of the senate and the department on expanding noncoercive evidence-based models for pregnant patients and the availability of treatment programs for pregnant patients and substance exposed newborns.
C. Members of the advisory council are not ELIGIBLE to RECEIVE compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.END_STATUTE
START_STATUTE36-705.02. Rules; plan of safe care; required notification
A. On or before July 1, 2026, the department, in consultation with the advisory council, shall develop rules for all of the following:
1. A written plan of safe care for newborn infants who exhibit symptoms consistent with prenatal substance exposure, withdrawal symptoms from prenatal substance exposure or fetal alcohol spectrum disorder that:
(a) Address the health and substance use disorder treatment needs of the infant and the affected family or caregiver.
(b) Guide providers' participation in the discharge planning process, including the establishment of written plans of safe care that shall be developed between the providers and parents of the newborns as part of the process.
(c) Does not include coercive or involuntary treatment or personally identifying information of the newborn infant or parents.
2. The submission of notifications to the department involving substance use during pregnancy or a newborn infant born with or identified as being affected by substance use or withdrawal symptoms resulting from prenatal substance exposure or fetal alcohol spectrum disorder. The notifications must include, if available:
(a) Deidentified demographic information of the parent and infant.
(b) Whether the report is based on suspicion of substance use, withdrawal symptoms resulting from prenatal substance exposure or fetal alcohol spectrum disorder and the alleged substance or substances involved.
(c) The name, address and contact information of the person making the report.
(d) The plan of safe care for the newborn infant.
3. The transmission of notifications received under this section to the department of child safety in deidentified form, and for the development and implementation of the review of plans of safe care received under this section to ensure the delivery of appropriate services for the infant and the affected family or caregiver.
B. A health professional who is licensed or certified pursuant to title 32 and who reasonably believes after a routine newborn physical assessment of a newborn infant's health status or following notification of positive toxicology screens of a newborn infant that the newborn infant may be affected by substance exposure, withdrawal symptoms resulting from prenatal substance exposure or fetal alcohol spectrum disorder shall notify the department of the condition in the newborn. The notification shall be made in a form and manner prescribed by the director and shall include a copy of the plan of safe care created pursuant to the rules adopted pursuant to this section. The plan of safe care may not include personally identifying information of the newborn infant or the parents.
C. All notification made pursuant to this section shall comply with the child abuse prevention and treatment act (p.l. 93-247; 88 stat. 4; 42 United States code sections 5101 through 5116i) and the comprehensive addiction and recovery act of 2016 (P.l. 114-198; 130 stat. 695).END_STATUTE
Sec. 9. Delayed repeal
Title 36, chapter 6, article 5.1, Arizona Revised Statutes, as added by this act, is repealed from and after June 30, 2031.
Sec. 10. Appropriation; department of health services; substance exposed pregnancy and newborn pilot program grants; exemption; exception
A. The sum of $30,000,000 is appropriated from the state general fund in fiscal year 2025-2026 to the department of health services for substance exposed pregnancy and newborn pilot program grants pursuant to title 36, chapter 6, article 5.1, Arizona Revised Statutes, as added 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, except that monies remaining unexpended and unencumbered on July 1, 2031 revert to the state general fund.
Sec. 11. Exemption from rulemaking
Notwithstanding any other law, for the purposes of title 36, chapter 6, article 5.1, Arizona Revised Statutes, as added by this act, the department of health services is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, until July 1, 2026, except that the department of health services shall provide public notice and an opportunity for public comment.
Sec. 12. Short title
This act may be cited as the "Pregnancy Privacy and Treatment Act".