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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
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).
Background
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. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Modifies the prescribed rights of a parent, guardian or custodian under investigation for an allegation of abuse or neglect.
2. Removes requirements for a parent, guardian or custodian to provide a signed attestation and DCS to document compliance.
House Action Senate Action
JUD 2/4/26 DP 8-0-1-0 FFL 3/23/26 DPA 4-3-0
3rd Read 3/9/26 37-16-7
Prepared by Senate Research
March 27, 2026
AN/TR/ci