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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: HHS DP 6-1-0-0 | Third Read 26-0-4-0House: HHS DP 10-0-0-2 |
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SB 1631: DCS; sexual abuse allegations; interviews
Sponsor: Senator Werner, LD 4
Caucus & COW
Overview
Requires the Department of Child Safety (DCS) child abuse and neglect investigation protocols to mandate that a trained forensic interviewer conduct a forensic interview with the child within 72 hours of receiving a sexual abuse allegation, unless DCS demonstrates good cause for a delay.
History
DCS is responsible for investigating reports of child abuse or neglect and for providing services to ensure the safety and well-being of children. When DCS receives information alleging that a child has been abused or neglected, it must promptly investigate the report and determine whether the child is in need of protection. Investigations may include interviews with the child, the child's family members and other persons who may have relevant information concerning the alleged abuse or neglect (A.R.S. §§ 8-456, 8-802).
DCS or a peace officer, as appointed in coordination with DCS, may interview the child during the course of the investigation, and the interview may occur at the child's school or another location where the child is present if the interview is conducted as part of an investigation of alleged abuse or neglect (A.R.S. § 8-817).
Provisions
1. Mandates DCS child abuse and neglect investigation protocols require a trained forensic interviewer to conduct a forensic interview with the child immediately or within 72 hours after receiving a report of an allegation of sexual abuse. (Sec. 1)
2. Clarifies that the 72-hour interview requirement does not apply if DCS shows good cause for the delay. (Sec. 1)
3. Stipulates that a failure to meet the required initial screening, safety assessment and investigation protocols does not affect the admissibility of evidence or statements made by a child in any criminal, civil or dependency proceeding. (Sec. 1)
4. Specifies that sexual abuse means inflicting or allowing:
a. sexual abuse;
b. sexual conduct with a minor;
c. sexual assault;
d. molestation of a child;
e. commercial sexual exploitation of a minor or sexual exploitation of a minor;
f. incest; or
g. child sex trafficking. (Sec. 1)
5. Defines good cause to be:
a. the child is receiving in-patient care for physical or mental health care during the 72-hour period;
b. the child is not physically present in Arizona or has not been located by DCS;
c. the child's parent or guardian is not the subject of the report of an allegation of abuse or neglect that alleges sexual abuse but has not been responsive or is unable or unwilling to make the child available for the forensic interview during the 72-hour period; and
d. any other good cause that is documented by DCS. (Sec. 1)
6. Makes conforming changes. (Sec. 1)
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10. Initials AG/IG SB 1631
11. 3/24/2026 Page 0 Caucus & COW
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