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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
DCS; investigations; interviews; recording
Purpose
Requires the Department of Child Safety (DCS) to audiotape or videotape any interview that it conducts with a child unless the recording equipment malfunctions or if DCS does not have the necessary recording equipment due to circumstances that could not have been reasonably foreseen.
Background
Current statute requires DCS to train all investigators in forensic interviewing, processes and outlined protocols that include: 1) an evidence-informed safety assessment model to assess the safety of a child; 2) the duty to protect the legal and due process rights of children and families from the time of the initial contact through case closure; 3) instruction on a child's rights as a crime victim and instruction on the legal rights of parents; and 4) a checklist or other mechanism to assist the investigator in giving consideration to the relevant factors in each investigation.
After receiving a DCS report from the centralized intake hotline, an investigator must make a prompt and thorough investigation that evaluates and determines 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. 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. If an investigator has sufficient information to determine that the child is a victim of abuse or neglect, the investigator must submit the reasons for removal and supporting information to the investigator's supervisor. DCS may not remove a child from the home unless the investigator's supervisor reviews the reasons and supporting information submitted by the investigator and approves the removal (A.R.S. §§ 8-456 and 8-822).
The Joint Legislative Budget Committee (JLBC) fiscal note estimates that H.B. 2402 would generate an initial one-time cost of $3.5 million and an annual cost between $1 million and $4.9 million. JLBC notes that the ongoing cost would ultimately depend on how H.B. 2402 is implemented, including whether audio or video recordings are used and whether transcription services are required (JLBC Fiscal Note).
Provisions
1. Requires DCS to audiotape or videotape any interview that DCS conducts with a child unless either of the following occurs:
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.
2. Stipulates 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 audiotape or videotape the interview.
3. Stipulates that DCS's failure to audiotape or videotape an interview is not grounds for precluding statements made by a child during an interview that are otherwise admissible in a criminal or dependency proceeding.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
House Action
HHS 1/29/24 DP 10-0-0-0
3rd Read 2/21/24 39-16-4-0-1
Prepared by Senate Research
March 11, 2024
ZD/SB/cs