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------------------------------------------------------------------------------------------ ¦ REFERENCE TITLE: jury trial; CPS cases ¦ ------------------------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2002 ¦ ¦ ¦ ------------------------------------------------------------------------------------------ ¦ HB 2262 ¦ ------------------------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representatives Johnson, Pearce, Farnsworth, Brimhall, Senator Petersen: Representatives ¦ ¦ Anderson, Flake, Graf, Gray, Nelson, Pierce, Robson, Senator Jarrett ¦ ------------------------------------------------------------------------------------------
AN ACT
AMENDING SECTIONS 8-532 AND 8-811, 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 8-532, Arizona Revised Statutes, is amended to read:
8-532. Jurisdiction; dependency based termination; jury trials
A. The juvenile court shall have exclusive original jurisdiction over petitions to terminate the parent-child relationship when the child involved is present in the state.
B. The juvenile court shall continue to have exclusive original jurisdiction when the juvenile is in the legal custody of the juvenile court although the physical placement of the child is in another state pursuant to court order.
C. This article does not apply to termination proceedings conducted pursuant to chapter 10, article 4 of this title except to the extent prescribed in section 8-863.
D. AT THE REQUEST OF A PARENT WHO IS THE SUBJECT OF A MOTION TO TERMINATE, THE COURT SHALL TRANSFER THE CASE TO THE SUPERIOR COURT FOR A JURY TRIAL.
Sec. 2. Section 8-811, Arizona Revised Statutes, is amended to read:
8-811. Hearing process; 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:
1. To receive a copy of the report containing the allegation.
2. To a hearing before the entry into the central registry pursuant to section 8-802, subsection C, paragraph 7, subdivision (a).
3. TO A JURY TRIAL IN SUPERIOR COURT INSTEAD OF A HEARING IF THE PERSON MAKES THIS REQUEST KNOWN IN WRITING TO THE DEPARTMENT AS PRESCRIBED BY THE DEPARTMENT IN THE NOTIFICATION.
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 on 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 41-1092.03, 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:
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 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.
K. For THE 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.