A. The department shall train all investigators in forensic interviewing and processes and the protocols established pursuant to section 8-817. The training must include:

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Terms Used In Arizona Laws 8-456

  • Abuse: means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child. See Arizona Laws 8-201
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Allegation: something that someone says happened.
  • Child safety services: means a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations of and seeks to prevent, intervene in and treat abuse and neglect, to promote the well-being of the child in a permanent home and to coordinate services to strengthen the family. See Arizona Laws 8-801
  • Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court. See Arizona Laws 8-201
  • DCS report: means a communication received by the centralized intake hotline that alleges child abuse or neglect and that meets the criteria for a report as prescribed in section 8-455. See Arizona Laws 8-201
  • Department: means the department of child safety. See Arizona Laws 8-201
  • Dependent: A person dependent for support upon another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215

1. An evidence-informed safety assessment model to assess the safety of a child.

2. The duty to protect the legal and due process rights of children and families from the time of the initial contact through case closure.

3. Instruction on a child’s rights as a crime victim and instruction on the legal rights of parents.

4. A checklist or other mechanism to assist the investigator in giving consideration to the relevant factors in each investigation.

B. The office of child welfare investigations shall investigate DCS reports that contain a criminal conduct allegation as provided in sections 8-471 and 8-817.

C. The department shall use an evidence-informed safety assessment model to assess the safety of a child.

D. After receiving a DCS report from the centralized intake hotline pursuant to section 8-455, an investigator shall do all of the following:

1. Make a prompt and thorough investigation. An investigation must evaluate and determine the nature, extent and cause of any condition created by the parents, guardian or custodian or an adult member of the victim’s household that would tend to support or refute the allegation that the child is a victim of abuse or neglect and determine the name, age and condition of other children in the home. If an investigator has sufficient information to determine that the child is not a victim of abuse or neglect, the investigator may close the investigation.

2. If required by section 8-821 and subject to section 8-471, take a child into temporary custody. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child’s parents, guardian or custodian when necessary.

E. The department may not use covert voice stress analysis during an investigation to determine if abuse or neglect exists. The department may not use overt voice stress analysis during an investigation unless the person on whom the analysis is used gives informed consent. Results of computer voice stress analysis are not admissible in court.

F. After an investigation, an investigator shall:

1. Determine whether any child is in need of child safety services consistent with the evaluation and determination made pursuant to subsection D of this section.

2. If appropriate pursuant to section 8-846, offer to the family of any child who is found to be a child in need of child safety services those services that are designed to correct unresolved problems that would indicate a reason to adjudicate the child dependent.

3. Submit a written report of the investigator’s investigation to:

(a) The department’s case management information system within a reasonable amount of time that does not exceed forty-five days after receipt of the DCS report except as provided in section 8-811. If the investigation involves allegations regarding a child who at the time of the alleged incident was in the custody of a child welfare agency licensed by the department under this title, a copy of the report and any additional investigative or other related reports must be provided to the board of directors of the agency or to the administrative head of the agency unless the incident is alleged to have been committed by the person. The department shall excise all information with regard to the identity of the source of the reports.

(b) The appropriate court forty-eight hours before a dependency hearing pursuant to a petition of dependency or within twenty-one days after a petition of dependency is filed, whichever is earlier. On receipt of the report the court shall make the report available to all parties and counsel.

4. Accept a child into voluntary placement pursuant to section 8-806.

5. Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel in the department to preclude violations of a court order in the provision of any services.

G. In conducting an investigation pursuant to this section, if the investigator is made aware that an allegation of abuse or neglect may also have been made in another state, the investigator shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation.

H. If an investigation indicates a reason to believe that a criminal offense has been committed, the investigator shall immediately provide the information to the appropriate law enforcement agency and the office of child welfare investigations, unless the information was previously provided pursuant to section 8-455.

I. Except in judicial proceedings, a parent or legal guardian may not be prohibited from recording conversations with the department pursuant to this section.

J. Before implementing a new safety assessment model, the department shall present the proposed change to the joint legislative oversight committee on the department of child safety established by section 41-1292 or to the committees with jurisdiction over the department in the senate and house of representatives.

K. For the purposes of this section:

1. "Evidence-informed" means based on the best available child welfare research and practice information.

2. "Investigator" means an employee of the department who investigates allegations of abuse or neglect pursuant to a DCS report.