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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2322: DCS; investigations; interviews; recording
Sponsor: Representative Gress, LD 4
Committee on Health & Human Services
Overview
Requires the Arizona Department of Child Safety (DCS) to audiotape or videotape any interview that it conducts with a child unless the recording equipment malfunctions or unforeseen circumstances occur. Contains a conditional enactment clause.
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 or child welfare employee 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 record by audiotape or videotape any interview that it 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. due to circumstances that could not have been reasonably foreseen by DCS, it does not have the necessary recording equipment. (Sec. 1)
2. Specifies 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 recording requirements. (Sec. 1)
3. Deems DCS's failure to comply with the recording requirements 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. Specifies this legislation does not become effective unless by December 31, 2036, federal legislation is enacted to provide grants to states that require the recording of interviews conducted by DCS. (Sec. 2)
5. Requires the DCS Director to notify the Director of the Arizona Legislative Council in writing by December 31, 2036, either:
a. of the date on which the condition was met; or
b. that the condition was not met. (Sec. 2)
6. Makes conforming changes. (Sec. 1)
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10. Initials AG HB 2322
11. 1/15/2026 Page 0 Health & Human Services
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