Arizona 53rd Legislature - 2nd Regular Session Status: Passed House

HB 2300 — central registry; unsubstantiated claims

Last action — senate second reading

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 53rd Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

295 added · 158 removed

Plain-language change summary

The recent changes to HB 2300 clarify the definitions concerning child abandonment and abuse in Arizona law. Specifically, the definition of "abandoned" now more explicitly includes the lack of reasonable support and regular contact from a parent, with a six-month absence of a normal relationship serving as evidence of abandonment. This change emphasizes the importance of parental involvement for a child's well-being and could impact how child welfare cases are evaluated. Additionally, some references to the central registry process were removed, suggesting a shift in focus towards strengthening definitions related to the care and support of children rather than the procedural aspects of handling allegations.

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HB2300 - 532R - I Ver       REFERENCE TITLE:
HB2300 - 532R - H Ver       House Engrossed         State of Arizona House of Representatives Fifty-third Legislature Second Regular Session     HOUSE BILL 2300       AN ACT   Amending section 8‑201, Arizona Revised Statutes;
central registry;
relating to neglected children.
unsubstantiated claims         State of Arizona House of Representatives Fifty-third Legislature Second Regular Session     HB 2300   Introduced by Representative Townsend:
  (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:
Senator Petersen     AN ACT   amending section 8‑811, Arizona Revised Statutes;
Section 1.  Section 8-201, Arizona Revised Statutes, is amended to read:
relating to dependent children.
START_STATUTE8-201.  Definitions In this title, unless the context otherwise requires:
    (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:
1.  "Abandoned" means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision.  Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child.  Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.
Section 1.  Section 8-811, Arizona Revised Statutes, is amended to read:
2.  "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.  Abuse includes:
START_STATUTE8-811.  Hearing process;
(a)  Inflicting or allowing sexual abuse pursuant to section 13‑1404, sexual conduct with a minor pursuant to section 13‑1405, sexual assault pursuant to section 13‑1406, molestation of a child pursuant to section 13‑1410, commercial sexual exploitation of a minor pursuant to section 13‑3552, sexual exploitation of a minor pursuant to section 13‑3553, incest pursuant to section 13‑3608 or child sex trafficking pursuant to section 13‑3212.
definitions A.  The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry pursuant to section 8‑804 and of that person's right:
(b)  Physical injury that results from permitting a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in section 13‑3401.
1.  To receive a copy of the report containing the allegation.
(c)  Unreasonable confinement of a child.
2.  To a hearing before the entry into the central registry.
3.  "Adult" means a person who is eighteen years of age or older.
B.  The department shall provide the notice prescribed in subsection A of this section by first class mail or by personal service no more than fourteen days after completion of the investigation.
4.  "Adult court" means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8‑327 and 13‑501.
C.  A request for a hearing on the proposed finding must be received by the department within twenty days after the mailing or personal service of the notice by the department.
5.  "Award" or "commit" means to assign legal custody.
D.  The department shall not disclose any information related to the investigation of the allegation except as provided in sections 8‑456, 8‑807, 8‑807.01 and 13‑3620.
6.  "Child", "youth" or "juvenile" means an individual who is under the age of eighteen years.
E.  If a request for a hearing is made pursuant to subsection C of this section, the department shall conduct a review before the hearing.
7.  "Complaint" means a written statement of the essential facts constituting a public offense that is any of the following:
The department shall provide an opportunity for the accused person to provide written or verbal information to support the position that the department should not substantiate the allegation.  If the department determines that there is no probable cause that the accused person engaged in the alleged conduct, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.
(a)  Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer.
F.  Notwithstanding section 41‑1092.03, the notification prescribed in subsection A of this section shall also state that if the department does not amend the information or finding in the report as prescribed in subsection E of this section within sixty days after it receives the request for a hearing the person has a right to a hearing unless:
(b)  Made pursuant to section 13‑3903.
1.  The person is a party in a pending civil, criminal or administrative proceeding in which the allegations of abuse or neglect are at issue.
(c)  Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to section 13‑4261.
2.  The person is a party in a pending juvenile proceeding in which the allegations of abuse or neglect are at issue.
8.  "Criminal conduct allegation" means an allegation of conduct by a parent, guardian or custodian of a child or an adult member of the victim's household that, if true, would constitute any of the following:
3.  A court or administrative law judge has made findings as to the alleged abuse or neglect.
(a)  A violation of section 13‑3623 involving child abuse.
4.  A court has found that a child is dependent or has terminated a parent's rights based on an allegation of abuse or neglect.
(b)  A felony offense that constitutes domestic violence as defined in section 13‑3601.
G.  If the court or administrative law judge in a pending proceeding described in subsection F, paragraph 1 or 2 of this section does not make a finding of abuse or neglect and the matter is no longer pending in that forum, the person has a right to a hearing pursuant to subsection F of this section department shall not place a report regarding the allegations of abuse or neglect or the investigation of the allegations of abuse or neglect in the central registry.
(c)  A violation of section 13‑1404 or 13‑1406 involving a minor.
H.  If the court or administrative law judge in a proceeding described in subsection F of this section has made a finding of abuse or neglect, the finding shall be entered into the central registry as a substantiated report.
(d)  A violation of section 13‑1405, 13‑1410 or 13‑1417.
I.  If the department does not amend the information or finding in the report as prescribed in subsection E of this section, the department shall notify the office of administrative hearings of the request for a hearing no later than five days after completion of the review.  The department shall forward all records, reports and other relevant information with the request for hearing within ten days.  The department shall redact the identity of the reporting source before transmitting the information to the office of administrative hearings.
(e)  Any other act of abuse that is classified as a felony.
J.  The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:
(f)  An offense that constitutes domestic violence as defined in section 13‑3601 and that involves a minor who is a victim of or was in imminent danger during the domestic violence.
1.  A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.
9.  "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.
2.  A child's hearsay statement is admissible if the time, content and circumstances of that statement are sufficiently indicative of its reliability.
10.  "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.
3.  The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.
11.  "Delinquency hearing" means a proceeding in the juvenile court to determine whether a juvenile has committed a specific delinquent act as set forth in a petition.
4.  The reporting source is not required to testify.
12.  "Delinquent act" means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime.  Delinquent act does not include an offense under section 13‑501, subsection A or B if the offense is filed in adult court.  Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense.
5.  A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.
13.  "Delinquent juvenile" means a child who is adjudicated to have committed a delinquent act.
6.  If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse or neglect shall be entered.  On good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days after the date of the notice vacating the hearing for failure to appear.
14.  "Department" means the department of child safety.
K.  On completion of the presentation of evidence, the administrative law judge shall determine if probable cause exists to sustain the department's finding that the parent, guardian or custodian abused or neglected the child.  If the administrative law judge determines that probable cause exists to sustain the department's finding of abuse or neglect, the sustained finding shall be entered into the central registry as a substantiated report.  If the administrative law judge determines that probable cause does not exist to sustain the department's finding, the administrative law judge shall order the department to amend the information or finding in the report.
15.  "Dependent child":
L.  When the department is requested to verify pursuant to section 8‑807, if the central registry contains a substantiated report about a specific person, the department shall determine if the report was taken after January 1, 1998.  If the report was taken after January 1, 1998, the department shall notify the requestor of the substantiated finding.  If the report was taken before January 1, 1998, the department shall notify the person of the person's right to request an administrative hearing.  The department shall not send this notification if the person was a party in a civil, criminal or administrative proceeding in which the allegations of abuse or neglect were at issue.  The provisions of this section shall apply to the person's appeal.
(a)  Means a child who is adjudicated to be:
M.  The department shall provide the parent, guardian or custodian who is the subject of the investigation and the person who reported the suspected child abuse or neglect if that person is the child's parent, guardian or custodian with a copy of the outcome of the investigation at one of the following times:
(i)  In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control.
1.  If the report is unsubstantiated.
(ii)  Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care.
2.  If probable cause exists that abuse or neglect has occurred but a specific person is not identified as having abused or neglected the child.
(iii)  A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child.
3.  After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.
(iv)  Under eight years of age and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child.
4.  After a final administrative decision has been made pursuant to section 41‑1092.08.
(v)  Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13‑706.
N.  For the purposes of this section:
(b)  Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists.
1.  "Amend the finding" means to change the finding from substantiated to unsubstantiated.
16.  "Detention" means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation.
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2.  "Amend the information" means to change information identifying the accused of having abused or neglected a child.
17.  "Director" means the director of the department.
END_STATUTE Sec. 2.  Retroactivity;
18.  "Health professional" has the same meaning prescribed in section 32‑3201.
removal from central registry A.  Section 8-811, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after June 30, 2016.
19.  "Incorrigible child" means a child who:
B.  If allegations of abuse or neglect or the investigation of allegations of abuse or neglect have been placed in the central registry contrary to the retroactive application of section 8-811, Arizona Revised Statutes, as amended by this act, the department of child safety shall remove the reports of the allegations and the investigation from the central registry.
(a)  Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person.
(b)  Is habitually truant from school as defined in section 15‑803, subsection C.
(c)  Is a runaway from the child's home or parent, guardian or custodian.
(d)  Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.
(e)  Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.
(f)  Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.
20.  "Independent living program" includes a residential program with supervision of less than twenty‑four hours a day.
21.  "Juvenile court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility.
22.  "Law enforcement officer" means a peace officer, sheriff, deputy sheriff, municipal police officer or constable.
23.  "Medical director of a mental health agency" means a psychiatrist, or licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director.  The term includes the superintendent of the state hospital.
24.  "Mental health agency" means any private or public facility that is licensed by this state as a mental health treatment agency, a psychiatric hospital, a psychiatric unit of a general hospital or a residential treatment center for emotionally disturbed children and that uses secure settings or mechanical restraints.
25.  "Neglect" or "neglected" means:
(a)  The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes unreasonable substantial risk of harm to the child's health or welfare, except if the inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services.
(b)  Permitting a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purposes of manufacturing a dangerous drug as defined in section 13-3401.
(c)  A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in section 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional.  This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in section 13‑3401 beyond the requirements prescribed pursuant to section 13‑3620, subsection E.  The determination by the health professional shall be based on one or more of the following:
(i)  Clinical indicators in the prenatal period including maternal and newborn presentation.
(ii)  History of substance use or abuse.
(iii)  Medical history.
(iv)  Results of a toxicology or other laboratory test on the mother or the newborn infant.
(d)  Diagnosis by a health professional of an infant under one year of age with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects.
(e)  Deliberate exposure of a child by a parent, guardian or custodian to sexual conduct as defined in section 13‑3551 or to sexual contact, oral sexual contact or sexual intercourse as defined in section 13-1401, bestiality as prescribed in section 13‑1411 or explicit sexual materials as defined in section 13‑3507.
(f)  Any of the following acts committed by the child's parent, guardian or custodian with reckless disregard as to whether the child is physically present:
(i)  Sexual contact as defined in section 13‑1401.
(ii)  Oral sexual contact as defined in section 13‑1401.
(iii)  Sexual intercourse as defined in section 13‑1401.
(iv)  Bestiality as prescribed in section 13‑1411.
26.  "Newborn infant" means a child who is under thirty days of age.
27.  "Petition" means a written statement of the essential facts that allege delinquency, incorrigibility or dependency.
28.  "Prevention" means the creation of conditions, opportunities and experiences that encourage and develop healthy, self‑sufficient children and that occur before the onset of problems.
29.  "Protective supervision" means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible.
30.  "Referral" means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act.
31.  "Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress.
32.  "Serious emotional injury" means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following:
(a)  Seriously impairs mental faculties.
(b)  Causes serious anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment.
(c)  Is the result of sexual abuse pursuant to section 13‑1404, sexual conduct with a minor pursuant to section 13‑1405, sexual assault pursuant to section 13‑1406, molestation of a child pursuant to section 13‑1410, child sex trafficking pursuant to section 13‑3212, commercial sexual exploitation of a minor pursuant to section 13‑3552, sexual exploitation of a minor pursuant to section 13‑3553 or incest pursuant to section 13‑3608.
33.  "Serious physical injury" means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following:
(a)  Creates a reasonable risk of death.
(b)  Causes serious or permanent disfigurement.
(c)  Causes significant physical pain.
(d)  Causes serious impairment of health.
(e)  Causes the loss or protracted impairment of an organ or limb.
(f)  Is the result of sexual abuse pursuant to section 13‑1404, sexual conduct with a minor pursuant to section 13‑1405, sexual assault pursuant to section 13‑1406, molestation of a child pursuant to section 13‑1410, child sex trafficking pursuant to section 13‑3212, commercial sexual exploitation of a minor pursuant to section 13‑3552, sexual exploitation of a minor pursuant to section 13‑3553 or incest pursuant to section 13‑3608.
34.  "Shelter care" means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community.
END_STATUTE
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Action History

  1. senate second reading

  2. senate first reading

  3. transmit to senate

  4. passed

  5. house second reading

  6. house first reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 91 not signed on · 25 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (91)

91 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 35 Yea · 25 Nay
Party YeaNayPresentNot Voting
Unaffiliated 262100
Democrat 0400
Republican 9000
Total 352500
% of votes cast 58%42%0%0%
How each member voted (60)
Member Party Vote
BEN TOMA — Yea
Anthony T. Kern — Yea
Athena Salman — Nay
Becky A. Nutt — Yea
Bob Thorpe — Yea
Brenda Barton — Yea
Charlene R. Fernandez — Nay
César Chávez — Nay
Daniel Hernandez — Nay
Darin Mitchell — Yea
David L. Cook — Yea
David Stringer — Yea
Diego Espinoza — Nay
Douglas Coleman — Yea
Drew John — Yea
Eddie Farnsworth — Yea
Eric Descheenie — Nay
Gerae Peten — Nay
Heather Carter — Yea
Isela Blanc — Nay
Jay Lawrence — Yea
Jill Norgaard — Yea
John M. Allen — Yea
Kelli Butler — Nay
Kelly Townsend — Yea
Ken Clark — Nay
Kirsten Engel — Nay
Macario Saldate — Nay
Maria Syms — Yea
Mark A. Cardenas — Nay
Michelle B. Ugenti-Rita — Yea
Michelle Udall — Yea
Noel W. Campbell — Yea
Pamela Powers Hannley — Nay
Paul Boyer — Yea
Paul Mosley — Yea
Randall Friese — Nay
Ray D. Martinez — Nay
Rebecca Rios — Nay
Regina E. Cobb — Yea
Reginald Bolding — Nay
Richard C. Andrade — Nay
Russell Bowers — Yea
Todd A. Clodfelter — Yea
Tony Navarrete — Nay
Travis W. Grantham — Yea
Wenona Benally — Nay
Denise “Mitzi” Epstein Democrat Nay
Lela Alston Democrat Nay
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
David Livingston Republican Yea
J.D. Mesnard Republican Yea
Jeff Weninger Republican Yea
Kevin Payne Republican Yea
Mark Finchem Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Tony Rivero Republican Yea
Venden "Vince" Leach Republican Yea

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Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors HB 2300?
HB 2300 is sponsored by Warren Petersen and Kelly Townsend.
What is the current status of HB 2300?
This bill died with 53rd Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2300?
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