A.R.S. § 8-817

 

Arizona Revised Statutes Annotated Currentness
Title 8. Children
Chapter 10. Dependent Children
Article 1. Protective Services

§ 8-817. Initial screening and safety assessment and investigation protocols

A. The department shall develop, establish and implement initial screening and safety assessment protocols in consultation with the attorney general and statewide with county attorneys, chiefs of police, sheriffs, medical experts, victims' rights advocates, domestic violence victim advocates and mandatory reporters. Any initial screening and safety assessment tools shall be based on sound methodology and shall ensure valid and reliable responses. The department shall establish written policies and procedures to implement the use of the initial screening and safety assessment protocols.

B. To ensure thorough investigations of those accused of crimes against children, in each county, the county attorney, in cooperation with the sheriff, the chief law enforcement officer for each municipality in the county and the department shall develop, adopt and implement protocols to guide the conduct of investigations of allegations involving criminal conduct. The protocols shall include:

1. The process for notification of receipt of criminal conduct allegations.

2. The standards for interdisciplinary investigations of specific types of abuse and neglect, including timely forensic medical evaluations.

3. The standards for interdisciplinary investigations involving native American children in compliance with the Indian child welfare act.

4. Procedures for sharing information and standards for the timely disclosure of information.

5. Procedures for coordination of screening, response and investigation with other involved professional disciplines and notification of case status and standards for the timely disclosure of related information.

6. The training required for the involved child protective services workers, law enforcement officers and prosecutors to execute the investigation protocols, including forensic interviewing skills.

7. The process to ensure review of and compliance with the investigation protocols and the reporting of activity under the protocols.

8. Procedures for an annual report to be transmitted within forty-five days after the end of each fiscal year independently from child protective services and each county attorney to the governor, the speaker of the house of representatives and the president of the senate. This report shall be a public document and shall include:

(a) The number of criminal conduct allegations investigated and how many of these investigations were conducted jointly pursuant to the investigation protocols established in this subsection.

(b) Information from each county attorney regarding the number of cases presented for review, the number of persons charged in those cases, the reasons why charges were not pursued and the disposition of these cases.

(c) The reasons why a joint investigation did not take place.

9. Procedures for dispute resolution.

C. The department shall cooperate with the county attorney and the appropriate law enforcement agency pursuant to the investigation protocols adopted in this section. In instances of criminal conduct against a child, the department shall protect the victim's rights of the children in its custody against harassment, intimidation and abuse, as applicable, pursuant to article II, § 2.1, Constitution of Arizona.

D. The county attorney and the law enforcement agency shall cooperate with the department pursuant to the investigation protocols adopted in this section.

CREDIT(S)

Added by Laws 2003, 2nd S.S., Ch. 6, § 22, eff. Dec. 18, 2003. Amended by Laws 2007, Ch. 56, § 1; Laws 2008, Ch. 280, § 7.

HISTORICAL AND STATUTORY NOTES

Laws 2003, 2nd S.S., Ch. 6, §§ 43 and 44, provide:

"Sec. 43. Protocols for initial screening and safety assessments

"The department of economic security shall develop the protocols for initial screening and safety assessments of child abuse and neglect allegations pursuant to § 8-817, Arizona Revised Statutes, as added by this act, on or before July 1, 2004.

"Sec. 44. Protocols for joint investigations

"The county attorney in each county, the county sheriff, the chief law enforcement officers of each municipality in the county and the department of economic security shall develop the protocols for joint investigations of extremely serious conduct allegations pursuant to § 8-817, Arizona Revised Statutes, as added by this act, on or before July 1, 2004."

The 2007 amendment by Ch. 56 added the last two sentences of subsec. C.

The 2008 amendment by Ch. 280 rewrote the section, which had read:

"A. The department shall develop initial screening and safety assessment protocols in consultation with the attorney general and statewide with county attorneys, chiefs of police, sheriffs, medical experts, victims' rights advocates, domestic violence victim advocates and mandatory reporters.   Any initial screening and safety assessment tools shall be based on sound methodology and shall ensure valid and reliable responses. The department shall establish written policies and procedures to implement the use of the initial screening and safety assessment protocols.

"B. In each county, the county attorney, the sheriff, the chief law enforcement officer for each municipality in the county and the department shall develop and implement protocols for cooperation in investigations of allegations involving extremely serious conduct. The protocols shall include:

"1. The process for notification of receipt of extremely serious conduct allegations.

"2. The standards for interdisciplinary investigations of specific types of abuse and neglect, including timely forensic medical evaluations.

"3. The standards for interdisciplinary investigations involving native American children in compliance with the Indian child welfare act.

"4. Procedures for sharing information.

"5. Procedures for coordination of screening, response and investigation with other involved professional disciplines and notification of case status.

"6. The training required for the involved child protective service workers, law enforcement officers and prosecutors to execute the investigation protocols, including forensic interviewing skills.

"7. The process to ensure review of and compliance with the investigation protocols and the reporting of activity under the protocols.

"8. Procedures for an annual report to be transmitted within forty-five days after the end of each fiscal year to the governor, the speaker of the house of representatives and the president of the senate.

"9. Procedures for dispute resolution.

"C. The department, the appropriate county attorney and the appropriate law enforcement agency shall cooperate in the investigation of every extremely serious conduct allegation in accordance with the investigation protocols established pursuant to this section. Before it releases records it receives from the department pursuant to an investigation, the law enforcement agency shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of a person who reports child abuse or neglect and to protect any other person the agency believes could be endangered by the disclosure of the CPS information. The law enforcement agency is not required to disclose CPS information if the disclosure would compromise the integrity of a child protective services or criminal investigation."

Reviser's Notes:

2008 Note. Pursuant to authority of § 41-1304.02, "; investigations; disclosure of information" was removed from the section heading.

A. R. S. § 8-817, AZ ST § 8-817

Current through the Second Regular Session and Ninth Special Session of        
the Forty-Ninth Legislature (2010).                                     .      

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map