clergy; priests; duty to report

HB2039 - 572R - I Ver

PREFILED��� DEC 04 2025

REFERENCE TITLE:
clergy; priests; duty to report

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2039

Introduced by

Representative
Travers

AN
ACT

amending
sections 8-201, 12-2233 and 13-3620, Arizona Revised
Statutes; relating to the duty to report.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 8-201, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-201.

Definitions

In this title, unless the context otherwise requires:

1. "Abandoned" means the failure of the
parent to provide reasonable support and to maintain regular contact with the
child, including providing normal supervision. Abandoned includes a
judicial finding that a parent has made only minimal efforts to support and
communicate with the child. Failure to maintain a normal parental
relationship with the child without just cause for a period of six months
constitutes prima facie evidence of abandonment.

2. "Abuse":

(a) Means the infliction or allowing of physical
injury, impairment of bodily function or disfigurement or the infliction of or
allowing another person to cause serious emotional damage as evidenced by
severe anxiety, depression, withdrawal or untoward aggressive behavior and
which emotional damage is diagnosed by a medical doctor or psychologist and is
caused by the acts or omissions of an individual who has the care, custody and
control of a child, including an employee of a child welfare agency where a child
is placed that is licensed by and contracted with the department.

(b) Includes:

(i) Inflicting or allowing sexual abuse pursuant to
section 13-1404, sexual conduct with a minor pursuant to section 13-1405,
sexual assault pursuant to section 13-1406, molestation of a child
pursuant to section 13-1410, commercial sexual exploitation of a minor
pursuant to section 13-3552, sexual exploitation of a minor pursuant to
section 13-3553, incest pursuant to section 13-3608 or child sex
trafficking pursuant to section 13-3212.

(ii) Physical injury that results from allowing a
child to enter or remain in any structure or vehicle in which volatile, toxic
or flammable chemicals are found or equipment is possessed by any person for
the purpose of manufacturing a dangerous drug as defined in section 13-3401.

(iii) Unreasonable confinement of a child.

3. "Adult" means a person who is eighteen
years of age or older.

4. "Adult court" means the appropriate
justice court, municipal court or criminal division of the superior court that
has jurisdiction to hear proceedings concerning offenses committed by juveniles
as provided in sections 8-327 and 13-501.

5. "Award" or "commit" means to
assign legal custody.

6. "Child", "youth" or
"juvenile" means an individual who is under eighteen years of age.

7. "Complaint"
means a written statement of the essential facts constituting a public offense
that is any of the following:

(a) Made on an oath
before a judge or commissioner of the superior court or an authorized juvenile
hearing officer.

(b) Made pursuant to section 13-3903.

(c) Accompanied by an affidavit of a law enforcement
officer or employee that swears on information and belief to the accuracy of
the complaint pursuant to section 13-4261.

8. "Criminal conduct allegation" means an
allegation of conduct by a parent, guardian or custodian of a child or an adult
member of the victim's household that, if true, would constitute any of the
following:

(a) A violation of section 13-3623 involving
child abuse.

(b) A felony offense that constitutes domestic
violence as defined in section 13-3601.

(c) A violation of section 13-1404 or 13-1406
involving a minor.

(d) A violation of section 13-1405, 13-1410
or 13-1417.

(e) Any other act of abuse that is classified as a
felony.

(f) An offense that constitutes domestic violence as
defined in section 13-3601 and that involves a minor who is a victim of
or was in imminent danger during the domestic violence.

9. "Custodian" means a person, other than
a parent or legal guardian, who stands in loco parentis to the child or a
person to whom legal custody of the child has been given by order of the
juvenile court.

10. "DCS report" means a communication
received by the centralized intake hotline that alleges child abuse or neglect
and that meets the criteria for a report as prescribed in section 8-455.

11. "Delinquency hearing" means a
proceeding in the juvenile court to determine whether a juvenile has committed
a specific delinquent act as set forth in a petition.

12. "Delinquent act" means an act by a
juvenile that if committed by an adult would be a criminal offense or a petty
offense, a violation of any law of this state, or of another state if the act
occurred in that state, or a law of the United States, or a violation of any
law that can only be violated by a minor and that has been designated as a
delinquent offense, or any ordinance of a city, county or political subdivision
of this state defining crime. Delinquent act does not include an
offense under section 13-501, subsection A or B if the offense is filed
in adult court. Any juvenile who is prosecuted as an adult or who is
remanded for prosecution as an adult shall not be adjudicated as a delinquent
juvenile for the same offense.

13. "Delinquent juvenile" means a child
who is adjudicated to have committed a delinquent act.

14. "Department" means the department of
child safety.

15. "Dependent
child":

(a) Means a child who
is adjudicated to be:

(i) In need of proper
and effective parental care and control and who has no parent or guardian, or
one who has no parent or guardian willing to exercise or capable of exercising
such care and control.

(ii) Destitute or who is not provided with the
necessities of life, including adequate food, clothing, shelter or medical
care.

(iii) A child whose home is unfit by reason of
abuse, neglect, cruelty or depravity by a parent, a guardian or any other
person having custody or care of the child.

(iv) Under eight years of age and who is found to
have committed an act that would result in adjudication as a delinquent
juvenile or incorrigible child if committed by an older juvenile or child.

(v) Incompetent or not restorable to competency and
who is alleged to have committed a serious offense as defined in section 13-706.

(b) Does not include a child who in good faith is
being furnished Christian Science treatment by a duly accredited practitioner
if none of the circumstances described in subdivision (a) of this paragraph
exists.

16. "Detention" means the temporary
confinement of a juvenile who requires secure care in a physically restricting
facility that is completely surrounded by a locked and physically secure
barrier with restricted ingress and egress for the protection of the juvenile
or the community pending court disposition or as a condition of probation.

17. "Director" means the director of the
department.

18. "Health professional" has the same
meaning prescribed in section 32-3201.

19. "Incorrigible child" means a child
who:

(a) Is adjudicated as a child who refuses to obey
the reasonable and proper orders or directions of a parent, guardian or
custodian and who is beyond the control of that person.

(b) Is habitually truant from school as defined in
section 15-803, subsection C.

(c) Is a runaway from the child's home or parent,
guardian or custodian.

(d) Habitually behaves in such a manner as to injure
or endanger the morals or health of self or others.

(e) Commits any act constituting an offense that can
only be committed by a minor and that is not designated as a delinquent act.

(f) Fails to obey any lawful order of a court of
competent jurisdiction given in a noncriminal action.

20. "Independent living program" includes
a residential program with supervision of less than twenty-four hours a
day.

21. "Juvenile
court" means the juvenile division of the superior court when exercising
its jurisdiction over children in any proceeding relating to delinquency,
dependency or incorrigibility.

22. "Law
enforcement officer" means a peace officer, sheriff, deputy sheriff,
municipal police officer or constable.

23. "Medical director of a mental health
agency":

(a) Means a psychiatrist, or licensed physician
experienced in psychiatric matters, who is designated in writing by the
governing body of the agency as the person in charge of the medical services of
the agency, or a psychiatrist designated by the governing body to act for the
director.

(b) Includes the superintendent of the state
hospital.

24. "Mental health agency" means any
private or public facility that is licensed by this state as a mental health
treatment agency, a psychiatric hospital, a psychiatric unit of a general
hospital or a residential treatment center for emotionally disturbed children
and that uses secure settings or mechanical restraints.

25. "Neglect" or "neglected"
means:

(a) The inability or unwillingness of a parent,
guardian or custodian of a child to provide that child with supervision, food,
clothing, shelter or medical care if that inability or unwillingness causes
substantial risk of harm to the child's health or welfare, except if the
inability of a parent, guardian or custodian to provide services to meet the
needs of a child with a disability or chronic illness is solely the result of
the unavailability of reasonable services.

(b) Allowing a child to enter or remain in any
structure or vehicle in which volatile, toxic or flammable chemicals are found
or equipment is possessed by any person with the intent and for the purpose of
manufacturing a dangerous drug as defined in section 13-3401.

(c) A determination by a health professional that a
newborn infant was exposed prenatally to a drug or substance listed in section
13-3401 and that this exposure was not the result of a medical treatment
administered to the mother or the newborn infant by a health professional.�
This subdivision does not expand a health professional's duty to report neglect
based on prenatal exposure to a drug or substance listed in section 13-3401
beyond the requirements prescribed pursuant to section 13-3620,
subsection
E
F
. The
determination by the health professional shall be based on one or more of the
following:

(i) Clinical indicators in the prenatal period
including maternal and newborn presentation.

(ii) History of substance use or abuse.

(iii) Medical history.

(iv) Results of a toxicology or other laboratory
test on the mother or the newborn infant.

(d) Diagnosis by a health professional of an infant
under one year of age with clinical findings consistent with fetal alcohol
syndrome or fetal alcohol effects.

(e) Deliberate exposure of a child by a parent,
guardian or custodian to sexual conduct as defined in section 13-3551 or
to sexual contact, oral sexual contact or sexual intercourse as defined in
section 13-1401, bestiality as prescribed in section 13-1411 or
explicit sexual materials as defined in section 13-3507.

(f) Any of the following acts committed by the
child's parent, guardian or custodian with reckless disregard as to whether the
child is physically present:

(i) Sexual contact as defined in section 13-1401.

(ii) Oral sexual contact as defined in section 13-1401.

(iii) Sexual intercourse as defined in section 13-1401.

(iv) Bestiality as prescribed in section 13-1411.

26. "Newborn infant" means a child who is
under thirty days of age.

27. "Petition" means a written statement
of the essential facts that allege delinquency, incorrigibility or dependency.

28. "Prevention" means the creation of
conditions, opportunities and experiences that encourage and develop healthy,
self-sufficient children and that occur before the onset of problems.

29. "Protective supervision" means
supervision that is ordered by the juvenile court of children who are found to
be dependent or incorrigible.

30. "Qualified young adult" means a former
dependent child who is at least eighteen years of age and not over twenty-one
years of age, who meets the criteria for an extended foster care program
pursuant to section 8-521.02 and who signs a voluntary agreement to
participate in the program.

31. "Referral" means a report that is
submitted to the juvenile court and that alleges that a child is dependent or
incorrigible or that a juvenile has committed a delinquent or criminal act.

32. "Secure care" means confinement in a
facility that is completely surrounded by a locked and physically secure
barrier with restricted ingress and egress.

33. "Serious emotional injury" means an
injury that is diagnosed by a medical doctor or a psychologist and that does
any one or a combination of the following:

(a) Seriously impairs mental faculties.

(b) Causes serious anxiety, depression, withdrawal
or social dysfunction behavior to the extent that the child suffers dysfunction
that requires treatment.

(c) Is the result of
sexual abuse pursuant to section 13-1404, sexual conduct with a minor
pursuant to section 13-1405, sexual assault pursuant to section 13-1406,
molestation of a child pursuant to section 13-1410, child sex trafficking
pursuant to section 13-3212, commercial sexual exploitation of a minor
pursuant to section 13-3552, sexual exploitation of a minor pursuant to
section 13-3553 or incest pursuant to section 13-3608.

34. "Serious physical injury" means an
injury that is diagnosed by a medical doctor and that does any one or a
combination of the following:

(a) Creates a reasonable risk of death.

(b) Causes serious or permanent disfigurement.

(c) Causes significant physical pain.

(d) Causes serious impairment of health.

(e) Causes the loss or protracted impairment of an
organ or limb.

(f) Is the result of sexual abuse pursuant to
section 13-1404, sexual conduct with a minor pursuant to section 13-1405,
sexual assault pursuant to section 13-1406, molestation of a child
pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212,
commercial sexual exploitation of a minor pursuant to section 13-3552,
sexual exploitation of a minor pursuant to section 13-3553 or incest
pursuant to section 13-3608.

35. "Shelter care" means the temporary
care of a child in any public or private facility or home that is licensed by
this state and that offers a physically nonsecure environment that is
characterized by the absence of physically restricting construction or hardware
and that provides the child access to the surrounding community.

36. "Standardized hotline assessment tool"
means any written tool used to make a determination that the allegation of
abuse or neglect that is the subject of a report received pursuant to section 8-455
involves conduct that warrants investigation by the department pursuant to
section 8-456 or 8-471.

37. "Young adult administrative review"
means an administrative review of a voluntary extended foster care case plan
with the qualified young adult, the department's case specialist or designee,
an independent party who is not responsible for the case management of or the
delivery of services to the qualified young adult and any other individual the
young adult invites.
END_STATUTE

Sec. 2. Section 12-2233, Arizona Revised Statutes, is amended to read:

START_STATUTE
12-2233.

Clergyman or priest and penitent

In a civil action a clergyman or priest shall not
,
without the consent of the person making a confession,
be examined as to
any confession made to him in his character as clergyman or priest in the
course of discipline enjoined by the church to which he belongs

unless the clergyman or priest determines that the confession involves ongoing
abuse
.
END_STATUTE

Sec. 3. Section
13-3620, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-3620.

Duty to report abuse, physical injury, neglect and denial or
deprivation of medical or surgical care or nourishment of minors; medical
records; exception; violation; classification; definitions

A. Any person who
reasonably believes that a minor is or has been the victim of physical injury,
abuse, child abuse, a reportable offense or neglect that appears to have been
inflicted on the minor by other than accidental means or that is not explained
by the available medical history as being accidental in nature or who
reasonably believes there has been a denial or deprivation of necessary medical
treatment or surgical care or nourishment with the intent to cause or allow the
death of an infant who is protected under section 36-2281 shall
immediately report or cause reports to be made of this information to a peace
officer, to the department of child safety or to a tribal law enforcement or
social services agency for any Indian minor who resides on an Indian
reservation, except if the report concerns a person who does not have care,
custody or control of the minor, the report shall be made to a peace officer
only. A member of the clergy, a Christian Science practitioner or a
priest who has received a confidential communication or a confession
in that person's role
about abuse that has
already occurred while serving
as a member of the clergy, as a Christian
Science practitioner or as a priest
in

operating
under
the course of the discipline enjoined by the church to which the
member of the clergy, the Christian Science practitioner or the priest belongs
may withhold reporting of the communication or confession
if
unless
the member of the clergy, the Christian Science
practitioner or the priest determines that
it is reasonable and
necessary within the concepts of the religion
there is
reasonable suspicion to believe that the abuse is ongoing, will continue or may
be a threat to other minors
.� This exemption applies only to the
communication or confession and not to personal observations the member of the
clergy, the Christian Science practitioner or the priest may otherwise make of
the minor. For the purposes of this subsection, "person"
means:

1. Any physician, physician's assistant,
optometrist, dentist, osteopathic physician, chiropractor, podiatrist,
behavioral health professional, nurse, psychologist, counselor or social worker
who develops the reasonable belief in the course of treating a patient.

2. Any peace officer, child welfare investigator,
child safety worker, member of the clergy, priest or Christian Science
practitioner.

3. The parent, stepparent or guardian of the minor.

4. School personnel, including substitute teachers,
domestic violence victim advocates or sexual assault victim advocates who
develop the reasonable belief in the course of their employment.

5. Any other person who has responsibility for the
care or treatment of the minor.

6. Any person who is employed as the immediate or
next higher level supervisor to or administrator of a person who is listed in
paragraph 1, 2, 4 or 5 of this subsection and who develops the reasonable
belief in the course of the supervisor's or administrator's employment, except
that if the supervisor or administrator reasonably believes that the report has
been made by a person who is required to report pursuant to paragraph 1, 2, 4
or 5 of this subsection, the supervisor or administrator is not required to
report pursuant to this paragraph.

7. Any member of a school district governing board
or charter school governing body.

B. A member of the clergy, a
Christian Science practitioner or a priest who has knowledge or a reasonable
suspicion that a person is committing or may commit child abuse or neglect
shall immediately report or cause reports to be made of this information to a
peace officer, to the department of child safety or to a tribal law enforcement
or social services agency for any Indian minor who resides on an Indian
reservation, except if the report concerns a person who does not have care,
custody or control of the minor, the report shall be made to a peace officer
only.
�
This subsection does not apply to a confidential
or penitential communication unless the member of the clergy, a Christian
Science practitioner or a priest determines that the abuse or neglect is still
occurring or will occur in the future.

B.

C.
A
report is not required under this section either:

1. For conduct prescribed by sections 13-1404
and 13-1405 if the conduct involves only minors who are fourteen,
fifteen, sixteen or seventeen years of age and there is nothing to indicate
that the conduct is other than consensual.

2. If a minor is of elementary school age, the
physical injury occurs accidentally in the course of typical playground
activity during a school day, occurs on the premises of the school that the
minor attends and is reported to the legal parent or guardian of the minor and
the school maintains a written record of the incident.

C.
D.
If
a physician, psychologist or behavioral health professional receives a
statement from a person other than a parent, stepparent, guardian or custodian
of the minor during the course of providing sex offender treatment that is not
court ordered or that does not occur while the offender is incarcerated in the
state department of corrections or the department of juvenile corrections, the
physician, psychologist or behavioral health professional may withhold the
reporting of that statement if the physician, psychologist or behavioral health
professional determines it is reasonable and necessary to accomplish the
purposes of the treatment.

D.

E.
Reports
shall be made immediately either electronically or by telephone. The
reports shall contain the following information, if known:

1. The names and addresses of the minor and the
minor's parents or the person or persons having custody of the minor.

2. The minor's age and the nature and extent of the
minor's abuse, child abuse, physical injury or neglect, including any evidence
of previous abuse, child abuse, physical injury or neglect.

3. Any other information that the person believes
might be helpful in establishing the cause of the abuse, child abuse, physical
injury or neglect.

E.

F.
A
health care professional who is regulated pursuant to title 32 and who, after a
routine newborn physical assessment of a newborn infant's health status or
following notification of positive toxicology screens of a newborn infant,
reasonably believes that the newborn infant may be affected by the presence of
alcohol or a drug listed in section 13-3401 shall immediately report this
information, or cause a report to be made, to the department of child
safety. For the purposes of this subsection, "newborn
infant" means a newborn infant who is under thirty days of age.

F.

G.
Any
person other than one required to report or cause reports to be made under
subsection A
or B
of this section who reasonably believes
that a minor is or has been a victim of abuse, child abuse, physical injury, a
reportable offense or neglect may report the information to a peace officer or
to the department of child safety, except if the report concerns a person who
does not have care, custody or control of the minor, the report shall be made
to a peace officer only.

G.

H.
A
person who has custody or control of medical records of a minor for whom a
report is required or authorized under this section shall make the records, or
a copy of the records, available to a peace officer, child welfare investigator
or child safety worker investigating the minor's neglect, child abuse, physical
injury or abuse on written request for the records signed by the peace officer,
child welfare investigator or child safety worker. Records disclosed
pursuant to this subsection are confidential and may be used only in a judicial
or administrative proceeding or investigation resulting from a report required
or authorized under this section.

H.

I.
When
a report is

received:

1. By a peace officer, the officer shall immediately
notify the department of child safety.

2. Notwithstanding any other statute, by

the department
of child safety
, the
department

shall immediately notify a peace
officer in the appropriate jurisdiction.

3. By
a school resource officer or school safety officer, the officer shall
immediately notify a law enforcement agency in the appropriate jurisdiction and
shall submit to the local law enforcement agency all information relating to
the report for the purposes of the law enforcement agency investigating the
reported conduct.

I.

J.
Any
person who is required to receive reports pursuant to subsection A
or B
of this section may take or cause to be taken photographs
of the minor and the vicinity involved.
Forensic
interviews or
Medical examinations
, or both,
of the
involved minor may be performed.

J.

K.
A person who furnishes a report, information or
records required or authorized under this section, or a person who participates
in a judicial or administrative proceeding or investigation resulting from a
report, information or records required or authorized under this section, is
immune from any civil or criminal liability by reason of that action unless the
person acted with malice or unless the person has been charged with or is
suspected of abusing or neglecting the child or children in question.

K.

L.
Except
for the attorney client privilege or the privilege under subsection
L
M
of this section, no privilege
applies to any:

1. Civil or criminal litigation or administrative
proceeding in which a minor's neglect, dependency, abuse, child abuse, physical
injury or abandonment is an issue.

2. Judicial or administrative proceeding resulting
from a report, information or records submitted pursuant to this section.

3. Investigation of a minor's child abuse, physical
injury, neglect or abuse conducted by a peace officer or the department of
child safety.

L.

M.
In
any civil or criminal litigation in which a child's neglect, dependency,
physical injury, abuse, child abuse or abandonment is an issue, a member of the
clergy, a Christian Science practitioner or a priest shall not, without his
consent, be examined as a witness concerning any confession made to him in his
role as a member of the clergy, a Christian Science practitioner or a priest in
the course of the discipline enjoined by the church to which he belongs
unless the member of the clergy, Christian Science practitioner or
priest determines there is reasonable suspicion to believe that the dependency,
physical injury, abuse, child abuse or abandonment is ongoing or that
dependency, physical injury, abuse, child abuse or abandonment may occur in the
future
.� This subsection does not discharge a member of the clergy, a
Christian Science practitioner or a priest from the duty to report pursuant to
subsection A
or B
of this section.

M.

N.
If
psychiatric records are requested pursuant to subsection
G
H
of this section, the custodian of the records shall notify
the attending psychiatrist, who may excise from the records, before they are
made available:

1. Personal information about individuals other than
the patient.

2. Information regarding specific diagnosis or
treatment of a psychiatric condition, if the attending psychiatrist certifies
in writing that release of the information would be detrimental to the
patient's health or treatment.

N.

O.
If
any portion of a psychiatric record is excised pursuant to subsection
M
N
of this section, a court, on
application of a peace officer, child welfare investigator or child safety
worker, may order that the entire record or any portion of the record that
contains information relevant to the reported abuse, child abuse, physical
injury or neglect be made available to the peace officer, child welfare
investigator or child safety worker investigating the abuse, child abuse,
physical injury or neglect.

O.

P.
A
student who is identified as a potential victim of a reportable offense may be
interviewed only as provided by the local county protocol that is adopted
pursuant to section 8-817.� This subsection does not prevent a school
resource officer or a school safety officer from either:

1. Receiving a voluntary report of a reportable
offense from a student who is an alleged victim.

2. Asking a student minimal follow-up
questions that are necessary and authorized by the county protocol.

P.

Q.
A
report to a school resource officer or a school safety officer does not satisfy
the reporting requirement prescribed by this section.

Q
.

R.
A person who violates this section is guilty of a
class 1 misdemeanor, except if the failure to report involves a reportable
offense, the person is guilty of a class 6 felony.

R.

S.
For
the purposes of this section:

1. "Abuse" has the same meaning prescribed
in section 8-201.

2. "Child abuse" means child abuse
pursuant to section 13-3623.

3. "Neglect" has the same meaning
prescribed in section 8-201.

4. "Reportable offense" means any of the
following:

(a) Any offense listed in chapters 14 and 35.1 of
this title or section 13-3506.

(b) Surreptitious photographing, videotaping,
filming or digitally recording or viewing a minor pursuant to section 13-3019.

(c) Child sex trafficking pursuant to section 13-3212.

(d) Incest pursuant to section 13-3608.

(e) Unlawful mutilation pursuant to section 13-1214.

5. "School safety officer" has the same
meaning prescribed in section 15-514.

6. "Student" means a student who is
enrolled in a kindergarten program or any of grades one through twelve.
END_STATUTE