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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
parents' rights; guardianship; notice; attestation
Purpose
Adds to the rights of a parent, guardian or custodian under investigation for an allegation of abuse or neglect by the Department of Child Safety (DCS). Requires a parent, guardian or custodian to sign an attestation that the parent, guardian or custodian understands the rights.
Background
DCS is responsible for protecting the children of the state 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. When a child is in DCS custody, DCS is responsible for: 1) providing notice to a parent or guardian; 2) holding a preliminary protective hearing, dependency hearings and permanency hearings; 3) identifying and notifying adult relatives and persons with a significant relationship with the child; and 4) finding someone to manage or managing federal benefits for the child (A.R.S. Title 8, Chapter 4).
On
initial contact with a child safety worker, a parent, guardian, or custodian
who is under investigation for an allegation of abuse or neglect has the right
to: 1) be informed of the specific complaint or allegation against the person
and that any responses may be used in a subsequent court proceeding; 2) refuse
to cooperate with the investigation or receive child safety services;
3) deny the worker entry into the home; 4) respond to allegations verbally or
in writing and to have the response considered in determining whether the child
requires safety services; 5) report a violation of rights without fear of
punishment, interference, coercion or retaliation; 6) appeal the determinations
made by DCS; 7) seek the advice of an attorney and to have an attorney present
when questioned by the worker; 8) refuse to sign a release of information
document, refuse to consent to take a drug or alcohol test or refuse to submit
to a mental health evaluation; 9) receive information about the investigation
and DCS's decision-making process; and 10) be informed of the rights verbally
and in writing and any parental rights under state law; and 11) provide written
acknowledgment of receipt of the rights. DCS must provide information regarding
these rights and assistance in understanding and enforcing the rights to each
parent, guardian or custodian on initial contact and when there is a change in
the child's case plan. If a parent, guardian or custodian believes that the
person's rights have been violated, the parent, guardian or custodian may: 1)
file a complaint with DCS, the DCS Office of the Ombudsman or the
Ombudsman-Citizens Aide; and 2) notify the juvenile court in the child's
ongoing dependency or severance proceeding that the parent's, guardian's or
custodian's rights are being violated and request appropriate equitable relief (A.R.S. § 8-809.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds, to the rights of a parent, guardian or custodian under investigation for an allegation of abuse or neglect, the right to be informed that the parent or guardian is allowed to delegate temporary guardianship of the child.
2. Adds, to the rights of a parent, guardian or custodian under investigation for an allegation of abuse or neglect, the right to file a complaint or notify the juvenile court if the parent, guardian or custodian believes that the parent's, guardian's or custodian's rights are violated.
3. Requires the parent, guardian or custodian to provide a signed attestation that the parent, guardian or custodian understand the rights provided on initial contact.
4. Requires DCS, on initial contact with a child safety worker, or when a child is placed in DCS custody, to ask the parent, guardian or custodian to identify adult relatives of the child or persons with a significant relationship with the child who may be able to provide safe placement for the child.
5. Requires DCS to document, in the child's case file and the DCS case management system, the information provided by the parent, guardian or custodian or the refusal or inability of the parent, guardian or custodian to provide the information.
6. Determines that the failure of a parent, guardian or custodian to provide written acknowledgment of receipt of the rights is not a waiver of any rights.
7. Requires DCS to maintain and upload, in the DCS case management system, the compliance of a parent, guardian or custodian with the signed outlined attestation requirements.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
House Action
JUD 2/4/26 DP 8-0-1-0
3rd Read 3/9/26 37-16-7
Prepared by Senate Research
March 19, 2026
AN/TR/ci