PROPOSED AMENDMENT
SENATE AMENDMENTS TO H.B. 2144
(Reference to House engrossed bill)
Page 3, after line 42, insert:
"Sec. 3. Section 8-803, Arizona Revised Statutes, is amended to read:
8-803. Limitation of authority; duty to inform
A. On initial contact with a parent, guardian or custodian under investigation pursuant to this article, a child protective services worker shall inform the family, both verbally and in writing, making reasonable efforts to receive written acknowledgement from the parent, guardian, or custodian, of receipt of all of the following information:
1. That the family is under investigation by the department.
2. The specific complaint or allegation made against that person unless the department determines disclosure of such information may compromise an investigation.
3. That the worker has no legal authority to compel the family to cooperate with the investigation or to receive protective services offered pursuant to the investigation.
4. The worker's authority to petition the juvenile court for a determination that a child is dependent.
5. The person's right to participate in a mediation program in the attorney general's office. The worker shall provide the telephone number of the attorney general's office mediation program.
6. 5. The person's right to file a complaint with the ombudsman-citizen ombudsman-citizens aide pursuant to section 41-1376. The worker shall provide the telephone number of the ombudsman-citizen ombudsman-citizens aide.
7. 6. The person's right to appeal determinations made pursuant to section 8-811 by child protective services.
8. 7. Information outlining parental rights under the laws of the state.
B. The child protective services worker shall also inform the person about whom the report was made about that person's right to respond to the allegations either verbally or in writing, including any documentation, and to have this information considered in determining if the child is in need of protective services. The worker shall tell the person that anything the person says or writes can be used in a court proceeding. If the person makes a verbal response, the worker shall include the response in the written report of the investigation. If the person makes a written response, including any documentation, the worker shall include this response and the documentation in the case file. Information provided in response to the allegations shall be considered during the investigation by the worker. The worker shall maintain the response and documentation in the case file and provide this information to the court before a hearing or trial relating to the dependency petition.
C. If the family declines to cooperate with the investigation or to accept or to participate in the offered services, or if the worker otherwise believes that the child should be adjudicated dependent, the worker may file with the juvenile court a petition requesting that the child in need of protective services be adjudicated dependent.
D. Refusal to cooperate in the investigation or to participate in the offered services does not constitute grounds for temporary custody of a child except if there is a clear necessity for temporary custody as provided in section 8‑821."
Renumber to conform
Page 5, after line 43, insert:
"Sec. 5. Repeal
Section 8-809, Arizona Revised Statutes, is repealed."
Renumber to conform
Page 9, between lines 18 and 19, insert:
"Sec. 7. Section 41-1969.01, Arizona Revised Statutes, is amended to read:
41-1969.01. Office of child welfare investigations; training; responsibilities; annual report
A. In addition to the powers and duties of the director pursuant to sections 41‑1953 and 41‑1954, the director shall establish the office of child welfare investigations within the department. The director is responsible for the direction, operation and control of the office.
B. the duties of the office include investigating criminal conduct allegations, coordinating with child protective services and lAw enforcement, establishing task forces for the investigation of criminal conduct and other duties as may be assigned by the director.
B. c. The office shall employ child welfare investigators who have received training to understand law enforcement's role in cases of criminal child abuse or neglect and in social services offered by the department. the office may employ research analysts and peace officers for the purpose of obtaining an originating agency identification number to have direct access to criminal history report information. Child welfare investigators do not have the authority of peace officers. each person hired by the office A child welfare investigator is an employee of the department and shall comply with the fingerprint requirements of section 41‑1968.
C. d. The department, in coordination with the Arizona peace officer standards and training board, shall provide child welfare investigators with training. The training shall be, at a minimum, in the following areas:
1. First responder's responder training on responding to reports of child abuse.
2. Forensic interviewing and processes.
3. Child physical and sexual abuse investigation training.
4. The protocols established pursuant to section 8-817.
5. Relevant law enforcement procedures, including the collection and preservation of evidence.
6. A child's constitutional rights as a victim of a crime pursuant to article II, section 2.1, Constitution of Arizona.
7. Any other training as directed by the director.
D. e. A child welfare investigator shall:
1. Protect children.
2. Respond to and investigate all criminal conduct allegations as defined in section 8‑801 received by the department. assess, respond to or investigate all criminal conduct allegations as defined in section 8-801, which shall be a priority, but not otherwise exercise the authority of a peace officer.
3. Receive from any source oral or written information regarding a child who may be in need of protective services because of criminal child abuse or neglect. An investigator shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:
(a) The child initiates contact with the investigator.
(b) The child who is interviewed is the subject of, is the sibling of or living with the child who is the subject of an abuse or abandonment investigation pursuant to paragraph 4, subdivision (b) of this subsection.
(c) The interview is conducted pursuant to the terms of the protocols established pursuant to section 8-817.
4. After the receipt of any report or information pursuant to paragraph 2 or 3 of this subsection, immediately do both of the following:
(a) Notify the appropriate municipal or county law enforcement agency if they have not already been notified.
(b) Make a prompt and thorough investigation of the nature, extent and cause of any condition that would tend to support or refute the allegation that the child should be adjudicated dependent and the name, age and condition of other children in the home report of child abuse or neglect when investigating allegations pursuant to paragraph 2 of this subsection. A criminal conduct allegation shall be investigated with the appropriate municipal or county law enforcement agency according to the protocols established pursuant to section 8‑817.
5. Take a child into temporary custody as provided in section 8‑821. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian pursuant to section 8‑821.
6. After investigation, Evaluate conditions created by the parents, guardian or custodian that would support or refute the allegation that the child should be adjudicated dependent. The investigator shall then determine whether any child is in need of protective services.
7. Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel within the department to preclude violations of a court order in the provision of any services.
E. f. Unless a dependency petition is filed, a child shall not remain in temporary custody for a period exceeding seventy-two hours, excluding saturdays, sundays and holidays. If a petition is not filed, and the child is shall be released to the child's parent, guardian or custodian, the investigator shall file a report of removal within seventy-two hours after the child's release. The report shall include:
1. The dates of previous referrals, investigations or temporary custody.
2. The dates on which other children in the family have been taken into temporary custody.
F. g. In conducting an investigation pursuant to this section, if the investigator is made aware that an allegation of abuse or neglect may also have been made in another state, the investigator shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation.
G. h. The office of child welfare investigations shall submit an annual report on joint investigations conducted during the year pursuant to section 8‑817.
H. i. All information the office gathers records gathered or created by the department during the course of an investigation conducted under this section is are confidential information as defined and shall be protected and released as set forth in section 8‑807, except the department shall not release any records if the department determines that the release of such records may compromise an ongoing investigation.
j. nothwithstanding the provisions of this title, the office of child welfare investigations is not responsible for conducting the criminal investigation of the crimes listed in section 8-801."
Renumber to conform
Amend title to conform