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          House Engrossed
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  State of Arizona
  House of Representatives
  Forty-fifth Legislature
  First Regular Session
  2001
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     HOUSE BILL 2557
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AN ACT

AMENDING SECTION 8-821, ARIZONA REVISED STATUTES; RELATING TO PROTECTIVE SERVICES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 8-821, Arizona Revised Statutes, is amended to read:

8-821. Taking into temporary custody; medical examination; placement; interference; classification

A. A child shall be taken into temporary custody in proceedings to declare a child a temporary ward of the court to protect the child, pursuant to an order of the juvenile court on a petition by an interested person, a peace officer or a child protective services worker under oath that reasonable grounds exist to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect.

B. A child may be taken into temporary custody by a peace officer or a child protective services worker if temporary custody is clearly necessary to protect the child because the child is either:

1. Suffering or will imminently suffer abuse or neglect.

2. Suffering serious physical or emotional damage that can only be diagnosed by a medical doctor or psychologist.

C. In determining if a child should be taken into temporary custody, the interested person, peace officer or child protective services worker may take into consideration as a mitigating factor the participation of the parent or guardian in the healthy families program established by section 8-701.

D. In determining if a child should be taken into temporary custody, the interested person, peace officer or child protective services worker shall take into consideration as a paramount concern the child's health and safety and shall consider as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.

E. A person who takes a child into custody pursuant to subsection B, paragraph 2 of this section shall immediately have the child examined by a medical doctor or psychologist. After the examination the person shall release the child to the custody of the parent or guardian of the child unless the examination reveals abuse or neglect. Temporary custody of a child taken into custody pursuant to subsection B, paragraph 2 of this section shall not exceed twelve hours.

F. A child taken into temporary custody pursuant to this article shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained.

G. A child shall not remain in temporary custody for more than forty-eight hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed.

H. THE FACT THAT A PARENT OR GUARDIAN REFUSES TO PUT A CHILD ON A PSYCHOTROPIC MEDICATION OR QUESTIONS THE USE OF THAT MEDICATION IS NOT ABUSE OR NEGLECT AND IS NOT BY ITSELF A SUFFICIENT REASON FOR CHILD PROTECTIVE SERVICES, A PEACE OFFICER OR A COURT TO TAKE ANY ACTION PURSUANT TO THIS CHAPTER.

H. I. A person who knowingly interferes with the taking of a child into temporary custody under this section is guilty of a class 2 misdemeanor.