REFERENCE TITLE: temporary custody without court order
State of Arizona
Second Regular Session
Senators Barto: Allen S, Burges
amending section 8‑821, Arizona Revised Statutes; relating to dependent children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-821, Arizona Revised Statutes, is amended to read:
8-821. Taking into temporary custody; medical examination; placement; interference; violation; classification; definition
A. A child shall be taken into temporary custody only pursuant to one of the following:
1. An order of the superior court.
2. Subsection D of this section.
3. The consent of the child's parent or guardian.
B. The superior court, on a dependency petition by an interested person, a peace officer, a child welfare investigator or a child safety worker under oath or on a sworn statement or testimony by a peace officer, a child welfare investigator or a child safety worker, may issue an order authorizing the department to take temporary custody of a child on finding that reasonable grounds exist probable cause exists to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect and it is contrary to the child's welfare to remain in the home.
C. If a child is taken into temporary custody pursuant to this section, the child's sibling shall also be taken into temporary custody only if reasonable grounds independently exist independent probable cause exists to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect.
D. A child may be taken into temporary custody without a court order by a peace officer, a child welfare investigator or a child safety worker if temporary custody is clearly necessary to protect the child because exigent circumstances exist. probable cause exists to believe that the child is either:
1. A victim or will imminently become a victim of abuse or neglect in the time it would take to obtain a court order.
2. Suffering serious physical or emotional injury that can only be diagnosed by a medical doctor or psychologist.
3. Physically injured as a result of living on premises where dangerous drugs or narcotic drugs are being manufactured. For the purposes of this paragraph, "dangerous drugs" and "narcotic drugs" have the same meanings prescribed in section 13‑3401.
4. Reported by the department to be a missing child at risk of serious harm.
E. In determining if a child should be taken into temporary custody, the court, peace officer, child welfare investigator or child safety worker shall take into consideration:
1. As a paramount concern the child's health and safety.
2. Whether the parent is willing to participate in any services that are offered to the parent.
F. A person who takes a child into custody pursuant to subsection D, paragraph 2 because an exigent circumstance described in subsection K, paragraph 2, subdivision (b) of this section exists shall immediately have the child examined by a medical doctor or psychologist physician who is licensed pursuant to title 32, chapter 13 or 17 or a health care provider who is licensed pursuant to title 32 and who has specific training in forensic evaluations of child abuse. After the examination the person shall release the child to the custody of the parent or guardian of the child unless the examination reveals abuse or neglect. Temporary custody of a child taken into custody pursuant to subsection D, paragraph 2 of this section shall not exceed twelve hours.
G. A child who is taken into temporary custody pursuant to this article shall not be detained held in a police station, jail or lockup where adults or juveniles who are charged with or convicted of a crime are detained.
H. A child shall not remain in temporary custody for more than seventy‑two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed.
I. To execute an order authorizing temporary custody, a law enforcement officer may use reasonable force to enter any building in which the person named in the removal authorization is or is reasonably believed to be.
I. J. A person who knowingly interferes with the taking of a child into temporary custody under this section is guilty of a class 2 misdemeanor.
K. For the purposes of this section:
1. "Contrary to the child's welfare" includes situations in which the child's life, physical health or mental welfare are unreasonably placed at risk.
2. "Exigent circumstances" means there is probable cause to believe that the child is likely to suffer serious harm in the time it would take to obtain a court order for removal and either of the following is true:
(a) there is no less intrusive alternative to taking temporary custody of the child that would reasonably and sufficiently protect the child's health or safety.
(b) The child is suspected to be a victim of a sexual offense or an offense involving serious physical injury that can be diagnosed only by a physician who is licensed pursuant to title 32, chapter 13 or 17 or a health care provider who is licensed pursuant to title 32 and who has specific training in forensic evaluations of child abuse.