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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
DCS; investigations; interviews; recording
Purpose
Requires the Department of Child Safety (DCS), if federal grant funding for recording child safety interviews is enacted, to record, by audio or video, any interview conducted with a child who is the subject of an investigation and to apply for federal funding grants to support implementation.
Background
DCS is responsible for protecting the children of Arizona by: 1) investigating reports of abuse and neglect; 2) assessing, promoting and supporting the safety of a child 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) without compromising child safety, coordinating services to achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment services (A.R.S. § 8-451).
According to DCS policy, DCS investigators are required to investigate reports of child abuse and neglect by interviewing or personally observing the alleged child victim, interviewing other children and individuals, reviewing documents and using other investigative techniques, as necessary. DCS investigators must document all interviews in narrative form with the date, type, time, location, individuals present and information collected (A.A.C. R21-4-103 and DCS).
As introduced, the Joint Legislative Budget Committee fiscal note estimates that H.B. 2322 would result in a one-time cost of $3.5 million and an annual cost of between $1 million and $4.9 million to the state General Fund for costs associated with recording DCS interviews. However, a floor amendment adopted in the House of Representatives conditions the recording requirement on the enactment of federal legislation providing grants to states and the awarding of a grant to Arizona (JLBC fiscal note).
Provisions
1. Requires DCS to record, by audio or video, any interview conducted with a child who is the subject of an investigation unless:
a) the recording equipment malfunctions and the malfunction is not due to a failure to maintain the equipment or provide adequate supplies; or
b) due to unforeseen circumstances, DCS does not have the necessary recording equipment.
2. Specifies that a person 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 requirement.
3. Specifies that DCS's failure to comply with the recording requirement is not grounds to preclude statements made by a child during an interview that are otherwise admissible in a criminal or dependency proceeding.
4. Requires the Director of DCS, upon enactment of federal legislation that provides grants to states for the recording of DCS interviews, to annually apply for a grant until a grant is awarded.
5. Requires DCS, upon receipt of a grant, to implement the outlined audio and video recording requirements.
6. Repeals grant application requirements on January 1, 2037.
7. Conditions the enactment of this legislation on, by January 1, 2037, the enactment of federal legislation that provides grants to states for the recording of DCS interviews.
8. Requires the Director of DCS, by January 1, 2037, to notify the Director of Legislative Council in writing either:
a) of the date the condition was met; or
b) that the condition was not met.
9. Makes conforming changes.
10. Becomes effective on the general effective date or later, subject to the provisions of the conditional enactment.
House Action
HHS 2/2/26 DPA 12-0-0-0
3rd Read 2/19/26 56-0-4
Prepared by Senate Research
March 2, 2026
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