Reference Title: technical correction; hearing

AN ACT
AMENDING SECTIONS 8-804 AND 8-811, ARIZONA REVISED STATUTES; AMENDING LAWS 1997, CHAPTER 222, SECTION 81; RELATING TO PROTECTIVE SERVICES.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-804, Arizona Revised Statutes, is amended to read:

8-804 . Central registry; notification

A. The department of economic security shall maintain a central registry of reports, investigations and evaluations made under this article. The registry shall contain the information furnished by protective services workers throughout the state. The department shall incorporate duplicate reports on the same incident in the original report and shall not classify duplicate reports as new reports.

B. Except as provided in subsection C, reports shall be kept in the central registry until the child concerned reaches the age of eighteen years.

C. The department shall purge identifying information annually from the central registry that pertains to reports received by the department after June 30, 1987 if no subsequent reports have been received by the department on that child, family or alleged abuser if any of the following is true:

1. After an investigation the report has been found invalid and two years have passed since the department received the report.

2. A report has not been investigated and five years have passed since the department received the report.

3. After an investigation the report has been found undetermined and five years have passed since the department received the report.

4. A referral has been made to the family builders pilot program and five years have passed since the report was received by the department.

D. BEGINNING ON SEPTEMBER 1, 1999, THE DEPARTMENT SHALL KEEP ALL SUBSTANTIATED REPORTS IN THE CENTRAL REGISTRY FOR TWENTY-FIVE YEARS AFTER THE DATE OF THE REPORT. BEGINNING ON SEPTEMBER 1, 1999, THE DEPARTMENT SHALL PURGE ALL OTHER REPORTS AND THE RECORDS AND FILES RELATED TO THESE REPORTS TWO YEARS AFTER THE DATE OF THE REPORT IF THE DEPARTMENT HAS NOT RECEIVED A SUBSEQUENT REPORT ON THE CHILD, FAMILY OR ALLEGED ABUSER.

E. ALL REPORTS MAINTAINED IN THE CENTRAL REGISTRY BEFORE SEPTEMBER 1, 1999 ARE SUBJECT TO THE PROVISIONS OF SUBSECTIONS B AND C.

D. F. Any person who was the subject of a child protective services investigation may request confirmation that the department has purged information about the person in accordance with subsection C PURSUANT TO SUBSECTIONS C AND D . On receipt of this request , the department shall provide the person with written confirmation that the department has no record containing identifying information about that person , and, if available, the date that the department purged the identifying information .

Sec. 2. Section 8-811, Arizona Revised Statutes, is amended to read:

8-811 . Hearing and appeal process; definitions

A. The department shall notify a person who is alleged to have abused or neglected a child if THAT the department intends to substantiate the allegation in the central registry pursuant to section 8-804 and of that person's right:

1. To receive a copy of the report containing the allegation.

2. To appeal the proposed finding before the entry into the central registry pursuant to section 8-802, subsection C, paragraph 7, subdivision (a).

B. The department shall send the notice prescribed in subsection A of this section by first class mail no more than fourteen days after completion of the investigation.

C. A request for a hearing to appeal the proposed finding must be received by the department within fourteen days after receipt of the notice.

D. The department shall not disclose any information related to the investigation of the allegation except as provided in sections 8-802, 8-807 and 13-3620.

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. 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.

F. Notwithstanding section 41-1092.01, subsection A, paragraph 10, 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:

1. The person is a party in a civil, criminal or administrative proceeding in which the allegations of abuse or neglect are at issue.

2. A court or administrative law judge has made findings as to the alleged abuse or neglect.

G. 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.

H. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:

1. A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.

2. A child's hearsay statement is admissible if the time, content and circumstances of that statement are sufficiently indicative of its reliability.

3. The identity of the reporting source of the abuse or neglect shall not be disclosed WITHOUT THE PERMISSION OF THE REPORTING SOURCE .

4. The reporting source is not required to testify.

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.

I. 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 accused engaged in the alleged conduct. 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.

J. WHEN THE DEPARTMENT IS REQUESTED TO VERIFY PURSUANT TO SECTION 8-807, IF THE CHILD PROTECTIVE SERVICES 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 CHILD PROTECTIVE SERVICES REPORT WAS TAKEN PRIOR TO 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.

J. K. For purposes of this section:

1. "Amend the finding" means to change the finding from substantiated to unsubstantiated.

2. "Amend the information" means to change information identifying the accused of having abused or neglected a child.

Sec. 3. Laws 1997, chapter 222, section 81 is amended to read:

Sec. 81. Child protective services; hearings

A. The joint legislative committee on children and family services shall review the extent to which child protective services records and hearings may be open to the public in order to promote greater public scrutiny of division actions and to increase due process. The committee shall submit a report of its findings and recommendations to the president of the senate, the speaker of the house of representatives, and the governor on or before December 1, 1997.

B. Beginning on October 1, 1997 and ending on October 1, 1999 2004 , the superior court may open to the public one or more hearings and records of hearings, or portions thereof, relating to child abuse and neglect in a county with a population exceeding one million persons, for two years, subject to the following limitations:

1. Upon request of an interested person, the superior court shall consider opening to the public a hearing, or records of a hearing, or portions thereof.

2. The court shall balance the public interest in judicial proceedings being open to the public against the legitimate privacy interests of persons accused of wrongdoing, witnesses and other persons, and the best interest of children who may have been subject to abuse and neglect.

3. The presiding judge of the juvenile division of the superior court shall determine that opening the proceeding to the public will not violate any federal law.

4. The court may open to the public a hearing, or records of a hearing, or portions thereof, if the court concludes that it is in the best interest of justice to do so.

C. BEGINNING ON OCTOBER 1, 1999 AND UNTIL OCTOBER 1, 2004, PUBLIC HEARINGS SHALL ALSO BE HELD PURSUANT TO SUBSECTION B, PARAGRAPHS 1 THROUGH 4, IN TWO ADDITIONAL COUNTIES AS DESIGNATED BY THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILY SERVICES. ONE OF THESE COUNTIES SHALL HAVE A POPULATION OF MORE THAN ONE MILLION PERSONS AND THE OTHER SHALL HAVE A POPULATION OF LESS THAN ONE MILLION PERSONS ACCORDING TO THE MOST RECENT UNITED STATES DECENNIAL CENSUS.

C. D. The joint legislative committee on children and family services shall review the open proceedings conducted pursuant to subsection B and submit a report of its findings and recommendations to the president of the senate, the speaker of the house of representatives and the governor by January 1 , 1999 OF EACH YEAR .

APPROVED BY THE GOVERNOR MAY 18, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 18, 1999.