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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
DCS; school visits; identification requirements
Purpose
Requires a Department of Child Safety (DCS) caseworker to present DCS identification when visiting a child at the child's school for the purpose of an interview. Requires, if a DCS caseworker denies or is unable to present identification, the school to contact the DCS office where the DCS caseworker is employed to verify the DCS caseworker's identification and employment.
Background
DCS was
established with the primary purpose of protecting children. Required DCS
duties necessary to achieve that purpose include: 1) investigating reports of
abuse and neglect;
2) assessing, promoting and supporting the safety of a child in a safe and
stable family; 3) working cooperatively with law enforcement regarding reports
that include criminal conduct allegations; and 4) without compromising child
safety, coordinating services to achieve and maintain permanency on behalf of
the child, strengthen the family and provide child-safety prevention,
intervention and treatment services (A.R.S.
§ 8-451).
Statute requires a child to be taken into temporary custody pursuant to one of the following: 1) a superior court order; 2) without a court order by a peace officer, child welfare investigator or child safety worker if custody is clearly necessary to protect the child because of exigent circumstances; or 3) the consent of the child's parent or guardian. An exigent circumstance 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 other prescribed criteria are met. The court must hold a preliminary protective hearing to review the temporary custody of a child between five to seven days after the child is taken into custody. If the child is in the temporary custody of DCS, DCS must submit to the court, by the day before the hearing, a written report that includes whether the child has any relatives or other interested parties who may be willing to take temporary custody (A.R.S. § 8-821).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, when a DCS caseworker visits a child at the child's school for the purpose of an interview:
a) the school to require the DCS caseworker to present DCS identification; and
b) the DCS caseworker to present DCS identification.
2. Requires, if a DCS caseworker denies or is unable to provide the required forms of identification to the school:
a) the DCS caseworker to provide the school with the contact information for the DCS office where the DCS caseworker is employed; and
b) the school to contact the DCS office and verify the DCS caseworker's identification and employment.
3. Specifies that a DCS caseworker may be asked to show a valid driver license or valid nonoperating identification license on request.
4. Prohibits a school from keeping a digital or physical record of a DCS caseworker's personal identifying information.
5. Authorizes a school to keep a digital or physical record of a DCS caseworker's DCS identification.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires a DCS caseworker to present identification when visiting a child at the child's school for the purpose of an interview, rather than when visiting a child who is in the care, custody and control of DCS at the child's school.
2. Requires, if a DCS caseworker denies or is unable to provide the required forms of identification to the school:
a) the DCS caseworker to provide the school with the contact information for the DCS office where the DCS caseworker is employed; and
b) the school to contact the DCS office and verify the DCS caseworker's identification and employment.
Amendments Adopted by the House of Representatives
1. Removes the requirement for a DCS caseworker to present, and a school to require presentation of, a valid driver license or valid nonoperating identification license.
2. Specifies that a DCS caseworker may be asked to show a valid driver license or valid nonoperating identification license on request.
3. Prohibits a school from keeping a digital or physical record of a DCS caseworker's personal identifying information.
4. Authorizes a school to keep a digital or physical record of the DCS caseworker's DCS identification.
5. Makes technical and conforming changes.
Senate Action House Action
HHS 2/10/25 W/D 4-2-1 ED 3/25/25 DP 12-0-0-0
ED 2/19/25 DP 4-3-0 3rd 4/30/25 54-0-6
3rd Read 3/13/25 17-11-2
Prepared by Senate Research
April 30, 2025
MH/KK/ci