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REFERENCE TITLE: DCS; abuse investigation; protective parent |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 4004 |
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Introduced by Representative Keshel
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AN ACT
amending title 8, chapter 4, article 1, arizona revised statutes, by adding section 8-469.03; relating to child welfare.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 8-469.03, to read:
8-469.03. Abuse; neglect; protective parent; mandatory intervention; report; definition
A. The department shall initiate an investigation and protective action when the department receives a credible report of abuse or neglect of a child through the centralized intake hotline pursuant to section 8-455 even if one of the child's parents is a protective parent.
B. after receiving a report pursuant to subsection A of this section, the department may take any of the following actions:
1. Begin an immediate and thorough investigation of the allegation of abuse or neglect.
2. Develop a safety plan for the child.
3. Provide support services to the child and the child's protective parent.
4. Provide recommendations for temporary modification of parenting time or legal decision-making orders when a credible risk of harm to the child exists.
C. The department may not decline to investigate an allegation of abuse or neglect solely because the department determines that one parent may be able to protect the child if one of the following exists:
1. The parent who is alleged to have abused or neglected the child has parenting time or legal decision-making authority pursuant to a current parenting time or legal decision-making order.
2. The protective parent lacks the resources, authority or capacity to ensure the child's safety.
D. if the parents of the child are legally separated or otherwise do not reside in the same household and the protective parent provides a safe ENVIRONMENT for the child, the department shall continue to investigate the parent who is the subject of the allegation of abuse or neglect. The department shall do all of the following:
1. Conduct a full investigation of the household of the parent who is the subject of the allegation of abuse or neglect.
2. Provide safety planning and protective measures to the protective parent who is not the subject of an allegation of abuse or neglect.
3. Participate in judicial proceedings involving the child or the parent who is the subject of an allegation of abuse or neglect to ensure that restrictions or protective orders are implemented against the parent who is the subject of an allegation of abuse or neglect.
E. The department shall annually publish on the department's official website a report that includes all of the following regarding cases received pursuant to this section that involve an allegation of abuse or neglect:
1. The number of cases in which the department declined to intervene.
2. The reasons why the department declined to intervene.
3. The outcome of cases in which the department declined to intervene and if there were any subsequent findings of abuse or neglect.
F. For the purposes of this section, "child" means a child who is the subject of a report of alleged abuse or neglect.