ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 4004: DCS; abuse investigation; protective parent

Sponsor: Representative Keshel, LD 17

Committee on Government

Overview

Directs the Department of Child Safety (DCS) to initiate investigations and protective action after receiving a credible report of child abuse or neglect even if one of the child's parents is a protective parent.

History

DCS's primary purpose is to protect children. DCS must focus equally on the following: 1) investigating reports of abuse and neglect; 2) assessing, promoting and supporting a child's safety in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect; 3) working cooperatively with law enforcement regarding reports that include criminal conduct allegations; and 4) coordinating service to achieve and maintain permanency on behalf of the child, strengthening the family and providing prevention, intervention and treatment services (A.R.S. § 8-451).

DCS is required to operate a centralized intake hotline by receiving communications at all times concerning suspected abuse or neglect. The hotline is the first step in the safety assessment and investigation process. The Office of Child Welfare Investigations and the Inspections Bureau must have immediate access to all hotline records. In the case that a communication provides reason to believe that a criminal offense has been committed and does not meet the criteria for a DCS report, the hotline worker must immediately provide the information to the appropriate law enforcement agency (A.R.S. § 8-455).

Provisions

1.   Requires DCS to initiate an investigation and protective action when DCS receives a credible report of child abuse or neglect through the centralized intake hotline even if one of the child's parents is a protective parent. (Sec. 1)

2.   Permits DCS to take any of the following actions upon receipt of a centralized intake hotline report:

a.   begin an immediate and thorough investigation of the allegation regarding child abuse or neglect (allegation);

b.   develop a safety plan for the child;

c. provide support services to the child and the child's protective parent; or

d.   provide recommendations for temporary modification of parenting time or legal decision-making orders when a credible risk of harm to the child exists. (Sec. 1)

3.   Prohibits DCS from declining to investigate an allegation solely because DCS determines that one parent may be able to protect the child if one of the following exists:

a.   the parent who is alleged to have abused or neglected the child has parenting time or legal decision-making according to a current parenting time or legal decision-making order; or

b.   the protective parent lacks the resources, authority or capacity to ensure the child's safety. (Sec. 1)

4.   Directs DCS to continue to investigate the parent who is the subject of the allegation if the child's parents are legally separated or do not reside in the same household and the protective parent provides a safe environment for the child. (Sec. 1)

5.   Instructs DCS, in such cases, to:

a.   conduct a full investigation of the household of the parent who is the subject of the allegation;

b.   provide safety planning and protective measures to the protective parent who is not the subject of the allegation; and

c. participate in judicial proceedings involving the child or the parent who is the subject of the allegation to ensure that restrictions or protective orders are implemented against the parent who is the subject of the allegation. (Sec. 1)

6.   Requires DCS to annually publish a report about cases referenced in this legislation that includes all of the following:

a.   the number of cases in which DCS declined to intervene;

b.   the reasons why DCS declined to intervene; and

c. the outcome of cases in which DCS declined to intervene and if there were any subsequent findings of abuse or neglect. (Sec. 1)

7.   Defines child. (Sec. 1)

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11.  Initials ML/MN               HB 4004

12.  2/12/2026  Page 0 Government

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