Assigned to HHS                                                                                                                     FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1631

 

DCS; sexual abuse allegation; interviews

Purpose

Requires protocols for child abuse and neglect investigations to include a requirement that, within 72 hours of receiving a sexual abuse allegation, a forensic interview be conducted with the child by a trained forensic interviewer, unless the Department of Child Safety (DCS) shows good cause to delay the interview.

Background

To ensure thorough investigations of individuals accused of crimes against children, statute instructs the county attorney of each county, in cooperation with DCS, the county sheriff and chief law enforcement officer for each municipality in the county to develop, adopt and implement investigation protocols, including: 1) the process for receiving notification of criminal conduct allegations; 2) the standards for interdisciplinary investigations of specified types of abuse and neglect and investigations involving Native American children; 3) procedures for sharing information; 4) procedures for coordination of screening, response and investigation with other entities involved; 5) child safety worker training requirements; 6) investigation protocol review requirements; 7) annual reporting requirements; and 8) dispute resolution procedures (A.R.S.
§ 8-817
).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires protocols for child abuse and neglect investigations to require that, for sexual abuse allegations, a trained forensic interviewer conduct a forensic interview with the child immediately or within 72 hours after receipt of the allegation.

2.   Specifies that the 72-hour interview requirement does not apply if DHS shows good cause for the delay.

3.   Specifies that a failure to meet 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.

4.   Defines sexual abuse as inflicting or allowing any of the following:

a)   criminal sex abuse;

b)   sexual conduct with a minor;

c)   sexual assault;

d)   child molestation;

e)   sexual exploitation or commercial sexual exploitation of a minor;

f) incest; and

g)   child sex trafficking

5.   Defines good cause as:

a)   the child is receiving in-patient physician or mental health care during the 72-hour period;

b)   the child is not physically present in the state or has not been located by DCS; or

c)   the child's parent or guardian is not the subject of the report but has not been responsive or is unable or unwilling to make the child available for the interview during the 72-hour period.

6.   Makes conforming changes.

7.   Becomes effective on the general effective date.

Prepared by Senate Research

February 9, 2026

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