Assigned to FS                                                                                                                                              AS ENACTED

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FINAL REVISED

FACT SHEET FOR S.B. 1022

 

CPS; investigations; notification

 

Purpose

 

Requires the Department of Economic Security (DES) to provide the child’s parent, guardian or custodian with the outcome of an investigation in child abuse or neglect allegations.

 

Background

 

On January 1, 1998, a new appeal process was implemented for cases in which Child Protective Services (CPS) intends to substantiate a report.  The CPS case manager sends a proposed substantiated finding to the protective services review team, who (1) notifies an accused person of the intent to substantiate the allegation and (2) of the right to a hearing before an administrative law judge.  The notification is a generic form letter to the perpetrator and does not explain the basis for the finding.  According to ARS § 8-807, DES is allowed to summarize the outcome of a CPS investigation to the person who reported the suspected child abuse or neglect at the discretion of the CPS case manager.  This legislation requires DES to notify the child’s parent, guardian or custodian, as well as the perpetrator of the outcome of the investigation.  The fiscal impact is unknown. 

 

Provisions

 

1.      Requires DES to provide the outcome of the investigation to the child’s parent, guardian or custodian.

 

2.      Specifies when DES must provide the child’s parent, guardian or custodian who is the subject of the investigation and the child's parent, guardian or custodian who reported the suspected child abuse or neglect with a summary of the outcome of the investigation.

 

3.      Makes technical and conforming changes.

 

4.      Contains an effective date of September 30, 2002.

 

Amendments Adopted by Committee

 

·        Requires DES to also provide the parent, guardian or custodian with a summary of the outcome of the investigation when the report is unsubstantiated.

 

Amendments Adopted by Committee of the Whole

 

·        Requires DES to provide the summary:

 

a)      When the report is unsubstantiated.

b)      After the time to request a hearing has lapsed without DES receiving a request for a hearing.

c)      After a final administrative decision has been made.

 

Amendments Adopted by the House of Representatives

 

·        Requires DES to provide the reporting parent, guardian or custodian with a copy of the outcome of the investigation at prescribed times.

 

Senate Action                                                             House Action

 

FS                    1/16/01     DPA  5-0-1-0                     HS                   4/09/02     DP     7-0-1-2

3rd Read           1/28/02               27-0-3-0                   3rd Read           4/29/02               55-1-4

Final Read        5/07/02               28-0-2

 

 

Signed by the Governor 5/9/02

Chapter 191

 

Prepared by Senate Staff

May 15, 2002