ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: HHS DP 10-0-0-0

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HB 2402: DCS; investigations; interviews; recording

Sponsor: Representative Gress, LD 4

Caucus & COW

Overview

Requires the Arizona Department of Child Safety (DCS) to audiotape or videotape any interview that it conducts with a child unless certain circumstances occur.

History

DCS is required to train all investigators in forensic interviewing, processes and protocols for initial screening, safety assessments and investigations. After receiving a report through DCS's centralized intake hotline, an investigator is required to make a prompt and thorough investigation. An investigation must evaluate and determine the nature, extent and cause of any condition created by the parents, guardian, custodian or an adult member of the victim's household that would tend to support or refute the allegation that the child is a victim of abuse or neglect and determine the name, age and condition of other children in the home. If an investigator has sufficient information to determine that the child is not a victim of abuse or neglect, the investigator may close the investigation. DCS can also take a child into temporary custody. Law enforcement officers must cooperate with DCS to remove a child from the custody of the child's parents, guardian or custodian when necessary (A.R.S. § 8-456).

Provisions

1. Requires DCS to audiotape or videotape any interview that it conducts with a child unless:

a) the recording equipment malfunctions and the malfunction is not the result of a failure to maintain the equipment or provide adequate supplies for the equipment; or

b) DCS does not have the necessary recording equipment due to circumstances that could not have been reasonably foreseen. (Sec. 1)

2. Asserts that a person who is charged with a criminal offense involving abuse or neglect of a child does not have standing to object to DCS's failure to comply with the audiotape or videotape interview requirement. (Sec. 1)

3. Specifies that DCS's failure to comply with the audiotape or videotape interview requirement is not grounds for precluding statements made by a child during an interview that are otherwise admissible in a criminal or dependency proceeding. (Sec. 1)

4. Makes conforming changes. (Sec. 1)

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8.                   HB 2402

9. Initials AG/KT    Page 0 Caucus & COW

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