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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
DCS; abuse investigation; protective parent
Purpose
Requires the Department of Child Safety (DCS) to initiate an investigation and protective action upon receipt of a report of abuse or neglect of a child through the DCS hotline, even if one of the child's parents is a protective parent.
Background
DCS was established to protect 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. DCS must operate a 24/7 centralized intake hotline that receives communications concerning suspected child abuse or neglect. The hotline must be operated to record communications, provide information to law enforcement, create DCS reports and determine priority level of investigation (A.R.S. §§ 8-451 and 8-455).
According to DCS, protective capacities are personal qualities or characteristics that contribute to vigilant child protection and are associated with one’s ability to perform effectively as a parent in order to provide and ensure a consistently safe environment for a child. The DCS Program Policy Manual requires a DCS specialist to assess and document outlined behavioral, cognitive and emotional protective capacities of a parent or caregiver as part of an investigation of alleged abuse or neglect of a child (DCS).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DCS to initiate an investigation and protective action upon receipt of a credible report of abuse or neglect of a child through the DCS hotline, even if one of the child's parents is a protective parent.
2. Allows DCS, after receiving a report of child abuse or neglect, to:
a) begin an immediate and thorough investigation of the allegation;
b) develop a safety plan for the child;
c) provide support services to the child and the child's protective parent; or
d)
provide recommendations for temporary modification of parenting time or
legal
decision-making orders when there is a credible risk of harm to the child.
3. Prohibits DCS from declining to investigate an abuse or neglect allegation solely because of a determination that one parent may be able to protect the child if:
a) the parent who is alleged to have abused or neglected the child has parenting time or legal decision-making authority; or
b) the protective parent lacks the resources, authority or capacity to ensure the child's safety.
4. Requires DCS to continue to investigate a parent who is the subject of a child abuse or neglect allegation if the child's parents are legally separated or do not reside in the same household and the protective parent provides a safe environment for the child.
5. Requires DCS, when investigating a parent who is the subject a child abuse or neglect allegation, to:
a) conduct a full investigation of the parent's household;
b) provide safety planning and protective measures to the protective parent; and
c) participate in judicial proceedings involving the child or the parent to ensure that restrictions or protective orders are implemented.
6. Requires DCS to annually publish a report on its official website that includes the following information regarding cases involving an allegation of abuse or neglect by a parent:
a) the number of cases in which DCS declined to intervene;
b) the reasons why DCS declined to intervene; and
c) the outcome of cases in which DCS declined to intervene and if there were any subsequent findings of abuse or neglect.
7. Defines child as a child who is the subject of a report of alleged abuse or neglect.
8. Becomes effective on the general effective date.
House Action
GOV 2/19/26 DP 5-0-1-1
HHS 2/24/26 W/D
3rd Read 3/9/26 39-13-7-0-1
Prepared by Senate Research
March 20, 2026
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