Official Summary Text
HB2322 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
H.B. 2322
DCS; investigations;
interviews; recording
Purpose
Requires the
Department of Child Safety (DCS), if federal grant funding for recording child
safety interviews is enacted, to record, by audio or video, any interview
conducted with a child who is the subject of an investigation and to apply for
federal funding grants to support implementation.
Background
DCS is
responsible for protecting the children of Arizona by: 1) investigating reports
of abuse and neglect; 2) assessing, promoting and supporting the safety of a
child in a safe and stable family or other appropriate placement in response to
allegations of abuse or neglect; 3) working cooperatively with law enforcement
regarding reports that include criminal conduct allegations; and 4) without
compromising child safety, coordinating services to achieve and maintain
permanency on behalf of the child, strengthen the family and provide
prevention, intervention and treatment services (
A.R.S.
� 8-451
).
According to DCS
policy, DCS investigators are required to investigate reports of child abuse
and neglect by interviewing or personally observing the alleged child victim,
interviewing other children and individuals, reviewing documents and using
other investigative techniques, as necessary. DCS investigators must document
all interviews in narrative form with the date, type, time, location,
individuals present and information collected (
A.A.C.
R21-4-103
and
DCS
).
As introduced,
the Joint Legislative Budget Committee fiscal note estimates that H.B. 2322
would result in a one-time cost of $3.5 million and an annual cost of between
$1 million and $4.9 million to the state General Fund for costs associated with
recording DCS interviews. However, a floor amendment adopted in the House of
Representatives conditions the recording requirement on the enactment of
federal legislation providing grants to states and the awarding of a grant to
Arizona (
JLBC
fiscal note
).
Provisions
1.
Requires
DCS to record, by audio or video, any interview conducted with a child who is
the subject of an investigation unless:
a)
the recording equipment malfunctions and the malfunction is not due to a
failure to maintain the equipment or provide adequate supplies; or
b)
due to unforeseen circumstances, DCS does not have the necessary
recording equipment.
2.
Specifies
that a person charged with a criminal offense involving abuse or neglect of a
child does not have standing to object to DCS's failure to comply with the
recording requirement.
3.
Specifies that DCS's failure to comply with the recording requirement is
not grounds to preclude statements made by a child during an interview that are
otherwise admissible in a criminal or dependency proceeding.
4.
Requires the Director of DCS, upon enactment of federal legislation that
provides grants to states for the recording of DCS interviews, to annually
apply for a grant until a grant is awarded.
5.
Requires DCS, upon receipt of a grant, to implement the outlined audio
and video recording requirements.
6.
Repeals grant application requirements on January 1, 2037.
7.
Conditions the enactment of this legislation on, by January 1, 2037, the
enactment of federal legislation that provides grants to states for the
recording of DCS interviews.
8.
Requires
the Director of DCS, by January 1, 2037, to notify the Director of Legislative
Council in writing either:
a)
of the date the condition was met; or
b)
that the condition was not met.
9.
Makes
conforming changes.
10.
Becomes
effective on the general effective date or later, subject to the provisions of
the conditional enactment.
House Action
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Prepared by Senate Research
March 2, 2026
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Current Bill Text
Read the full stored bill text
HB2322 - 572R - H Ver
House Engrossed
DCS; investigations;
interviews; recording
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2322
AN
ACT
amending section 8-456, arizona revised
statutes; relating to the department of child safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 8-456, Arizona Revised
Statutes, is amended to read:
START_STATUTE
8-456.
Investigative function; training; voice stress analysis;
recordings; criminal offenses; definitions
A. The department shall train all investigators in
forensic interviewing and processes and the protocols established pursuant to
section 8-817.� The training must include:
1. An evidence-informed safety assessment
model to assess the safety of a child.
2. The duty to protect the legal and due process
rights of children and families from the time of the initial contact through
case closure.
3. Instruction on a child's rights as a crime victim
and instruction on the legal rights of parents.
4. A checklist or other mechanism to assist the
investigator in giving consideration to the relevant factors in each
investigation.
B. The office of child welfare investigations shall
investigate DCS reports that contain a criminal conduct allegation as provided
in sections 8-471 and 8-817.
C. The department shall use an evidence-informed
safety assessment model to assess the safety of a child.
D. After receiving a DCS report from the centralized
intake hotline pursuant to section 8-455, an investigator shall do all of
the following:
1. Make a prompt and thorough investigation.� An
investigation must evaluate and determine the nature, extent and cause of any
condition created by the parents, guardian or custodian, an adult member of the
victim's household or an employee of a child welfare agency where the child is
placed that is licensed by and contracted with the department that would tend
to support or refute the allegation that the child is a victim of abuse or
neglect and determine the name, age and condition of other children in the
home. If an investigator has sufficient information to determine
that the child is not a victim of abuse or neglect, the investigator may close
the investigation.
2. If required by section 8-821 and subject to
section 8-471, take a child into temporary custody.� Law enforcement
officers shall cooperate with the department to remove a child from the custody
of the child's parents, guardian or custodian when necessary.
E. The department may not use covert voice stress
analysis during an investigation to determine if abuse or neglect exists.� The
department may not use overt voice stress analysis during an investigation
unless the person on whom the analysis is used gives informed
consent. Results of computer voice stress analysis are not
admissible in court.
F. After an investigation, an investigator shall:
1. Determine whether any child is in need of child
safety services consistent with the evaluation and determination made pursuant
to subsection D of this section.
2. If appropriate pursuant to section 8-846,
offer to the family of any child who is found to be a child in need of child
safety services those services that are designed to correct unresolved problems
that would indicate a reason to adjudicate the child dependent.
3. Submit a written report of the investigator's
investigation to:
(a) The department's case management information
system within a reasonable amount of time that does not exceed forty-five days
after receipt of the DCS report except as provided in section 8-811. If
the investigation involves allegations regarding a child who at the time of the
alleged incident was in the custody of a child welfare agency licensed by the
department under this title, a copy of the report and any additional investigative
or other related reports must be provided to the board of directors of the
agency or to the administrative head of the agency unless the incident is
alleged to have been committed by the person. The department shall
excise all information with regard to the identity of the source of the
reports.
(b) The appropriate court forty-eight hours
before a dependency hearing pursuant to a petition of dependency or within
twenty-one days after a petition of dependency is filed, whichever is
earlier.� On receipt of the report the court shall make the report available to
all parties and counsel.
4. Accept a child into voluntary placement pursuant
to section 8-806.
5. Identify, promptly obtain and abide by court
orders that restrict or deny custody, visitation or contact by a parent or
other person in the home with the child and notify appropriate personnel in the
department to preclude violations of a court order in the provision of any
services.
G. In conducting an investigation pursuant to this
section, if the investigator is made aware that an allegation of abuse or
neglect may also have been made in another state, the investigator shall
contact the appropriate agency in that state to attempt to determine the
outcome of any investigation of that allegation.
H. If an investigation indicates a reason to believe
that a criminal offense has been committed, the investigator shall immediately
provide the information to the appropriate law enforcement agency and the
office of child welfare investigations, unless the information was previously
provided pursuant to section 8-455.
I. The department shall record by
audio or
video any interview that the department
conducts with a child pursuant to this section unless either of the following
occurs:
1. The recording equipment
malfunctions and the malfunction is not the result of a failure to maintain the
equipment or provide adequate supplies for the equipment.
2. Due to circumstances that could
not have been reasonably foreseen by the department, the department does not
have the necessary recording equipment.
J. A person who is charged with a
criminal offense involving abuse or neglect of a child does not have standing
to object to the department's failure to comply with subsection I of this
section. The department's failure to comply with subsection I of
this section is not grounds for precluding statements made by a child during an
interview that are otherwise admissible in a criminal or dependency proceeding.
I.
k.
Except
in judicial proceedings, a parent or legal guardian may not be prohibited from
recording conversations with the department pursuant to this section.
J.
l.
Before
implementing a new safety assessment model, the department shall present the
proposed change to the joint legislative oversight committee on the department
of child safety established by section 41-1292 or to the committees with
jurisdiction over the department in the senate and house of representatives.�
K.
m.
For
the purposes of this section:
1. "Evidence-informed" means based on the
best available child welfare research and practice information.�
2. "Investigator" means an employee of the
department who investigates allegations of abuse or neglect pursuant to a DCS
report.
END_STATUTE
Sec. 2.
Grant application requirement; delayed repeal
A. If
federal legislation is enacted that provides grants to states for the recording
of interviews conducted by the department of child safety, the director of the
department of child safety shall apply for a grant.� If a grant is received,
the department shall implement the audio and video recording requirements of
section 8-456, subsection I, Arizona Revised Statutes, as added by this act.
B. The
director shall apply for a grant annually until a grant is awarded.
C. This section is repealed from and after
December 31, 2036.
Sec. 3.
Conditional enactment; notice
A. This act does not become
effective unless on or before December 31, 2036 federal legislation is enacted
that provides grants to states
for the recording
of interviews conducted by the department of child safety.
B. The director of the
department of child safety shall notify the director of the Arizona legislative
council in writing on or before December 31, 2036 either:
1. Of the date on which the
condition was met.
2. That the condition was
not met.�