ARIZONA STATE SENATE
Phoenix, Arizona
now: CPS;
nonprivileged communications
Assigns financial responsibility for the cost of an investigation to a person who makes a false complaint to Child Protective Services (CPS), within the Department of Economic Security (DES), if the person acted with malice and the complaint was referred to a law enforcement agency.
It is not uncommon for a party to a child custody action to allege that the other party has abused or neglected a child. When there is sufficient cause for investigation, CPS Central Intake makes a referral to the local CPS office and a copy of the report is forwarded to a law enforcement agency. The report is substantiated or unsubstantiated following investigation.
Current statutes grant civil and criminal immunity for a reporting source unless the person acted with malice or is suspected of abusing or neglecting the child in question. Privileged communication is excluded from physicians, spouses and all other professionals except the attorney-client privilege and a clergyman or priest within a confession. Pursuant to statutory definition, “malice” imports a wish to vex, annoy or injure another person or an intent to do a wrongful act, established either by proof or presumption of law.
The bill makes a person financially responsible for the cost of investigation if the complaint was referred to a law enforcement agency, CPS determines that the complaint is false and CPS determines that the person acted with malice. It requires DES to provide the person with a copy of appeal rights and requires DES to adopt rules to determine what constitutes a false complaint and an administrative appeal process.
The fiscal impact associated with the bill has not been determined.
1. Places financial responsibility for the cost of a CPS investigation on a person who makes a false complaint if the person making the complaint acts with malice and the complaint is referred to law enforcement.
2. Requires CPS to determine whether a complaint is false.
3. Requires CPS to determine whether the person making the complaint acted with malice.
4. Requires DES to provide a person who makes a false complaint with a copy of the person’s appeal rights, which may include an administrative appeal process.
5. Requires DES to adopt rules determining what constitutes a false report and establishing the administrative appeal process of a person who files a report determined to be false.
6. Makes technical and conforming changes.
7. Provides for a general effective date.
HS 3/06/01 DPA/SE 8-0-1-1-0
3rd Read 3/13/01 33-25-2-0
Prepared by Senate Staff
March 16, 2001