Assigned to FS                                                                                                          FOR CAUCUS & FLOOR ACTION

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

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 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

 

·        Clarifies when DES will provide the parent, guardian or custodian with a summary of the outcome of the investigation as:

 

a)      When the report is unsubstantiated.

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

c)      After the administrative law judge determines whether probable cause exists.

 

Senate Action

 

FS        1/16/01            DPA     5-0-1

 

 

Prepared by Senate Staff

January 17, 2002