PREFILED NOV 25 2019
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REFERENCE TITLE: DCS records; false statements; employees |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2037 |
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Introduced by Representative Townsend
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AN ACT
amending section 8‑802, Arizona Revised Statutes; relating to the department of child safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-802, Arizona Revised Statutes, is amended to read:
8-802. Child safety worker; fingerprint clearance cards; interview requirements; temporary custody limit; cooperation and coordination; false statements; alteration of files; violation; classification
A. The department shall employ child safety workers. All persons who are employed as child safety workers shall have a valid fingerprint clearance card that is issued pursuant to section 41‑1758.07 or shall apply for a fingerprint clearance card within seven working days of after employment. A child safety worker shall certify on forms that are provided by the department and that are notarized whether the worker is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
B. A worker shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:
1. The child initiates contact with the worker.
2. The child who is interviewed is the subject of or is the sibling of or living with the child who is the subject of an abuse or abandonment investigation pursuant to section 8‑456.
3. The interview is conducted pursuant to the terms of the protocols established pursuant to section 8‑817.
C. A child shall not remain in temporary custody for a period exceeding seventy‑two hours, excluding Saturdays, Sundays and holidays, unless a dependency petition is filed. If a petition is not filed and the child is released to the child's parent, guardian or custodian, the worker shall file a report of removal with the central registry within seventy‑two hours of 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.
D. All child safety workers shall be trained and demonstrate competency in:
1. The duty to protect the legal rights of children and families from the time of the initial contact through treatment. The training shall include knowledge of a child's rights as a victim of crime.
2. The legal rights of parents.
3. Impact and intervention practices related to adverse childhood experiences, culturally and linguistically appropriate service delivery, domestic violence, family engagement, communication with special populations and trauma informed responses.
E. All child safety workers shall cooperate and coordinate with the office of child welfare investigations to carry out the purposes of section 8‑471.
F. All child safety workers and child welfare investigations workers shall cooperate and coordinate with the inspections bureau to carry out the purposes of section 8‑458.
G. All child welfare investigations workers and inspections bureau workers shall cooperate and coordinate with the rest of the department to achieve the purposes of this title.
H. A child safety worker, a child welfare investigations worker or a supervisor of a child safety worker or a child welfare investigations worker may not:
1. Knowingly make a false statement regarding a case or falsify a case record.
2. Withhold exculpatory evidence about a person who is alleged to have committed abuse or neglect from that person.
H. I. Any A person who alters a client file for the purpose of fraud or misrepresentation is guilty of a class 2 misdemeanor.