DCS information; legislator review; location

HB2405 - 572R - I Ver

REFERENCE TITLE:
DCS information; legislator review; location

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2405

Introduced by

Representative
Willoughby

AN
ACT

amending section 8-807, 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 8-807, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-807.

DCS information; public record; use; confidentiality; violation;
classification

A. DCS information
shall be maintained by the department as required by federal law as a condition
of the allocation of federal monies to this state.� All exceptions for the
public release of DCS information shall be construed as openly as possible
under federal law.

B. The department, or a person who receives DCS
information pursuant to this subsection, shall provide DCS information to a
federal agency, a state agency, a tribal agency, a county or municipal agency,
a law enforcement agency, a prosecutor, an attorney or a guardian ad litem
representing a child victim of crime pursuant to article II, section 2.1,
Constitution of Arizona, a school, a community service provider, a contract
service provider or any other person that is providing services pursuant to
this article or article 9, 10, 11, 12, 13 or 14 of this chapter:

1. To meet its duties to provide for the safety and
permanency of a child, provide services to a parent, guardian or custodian or
provide services to family members to strengthen the family pursuant to this
article or article 9, 10, 11, 12, 13 or 14 of this chapter.

2. To enforce or prosecute any violation involving
child abuse or neglect or to assert the rights of the child as a victim of a
crime.

3. To provide information to a defendant after a
criminal charge has been filed as required by an order of the criminal court.

4. To help investigate and prosecute any violation
involving domestic violence as defined in section 13-3601 or violent
sexual assault as prescribed in section 13-1423.

C. The department shall disclose DCS information to
a court, a party in a dependency or termination of parental rights proceeding
or the party's attorney, the foster care review board or a court appointed
special advocate for the purposes of and as prescribed in this title.

D. The department shall disclose DCS information to
a domestic relations, family or conciliation court if the DCS information is
necessary to promote the safety and well-being of
children. The court shall notify the parties that it has received
the DCS information.

E. A person or agent of a person who is the subject
of DCS information shall have access to DCS information concerning that person.

F. The department may provide:

1. DCS information to confirm, clarify, correct or
supplement information concerning an allegation or actual instance of child
abuse or neglect that has been made public by a source or sources outside the
department.

2. DCS information to a person who is conducting
bona fide research, the results of which might provide DCS information that is
beneficial in improving the department.

3. Access to DCS information to the parent, guardian
or custodian of a child if the DCS information is reasonably necessary to
promote the safety, permanency and well-being of the child.

4. DCS information if an employee of the department
has a reasonable belief that exigent circumstances exist. For the
purposes of this paragraph, "exigent circumstances" means a condition
or situation in which the death of or serious injury to a child will likely
result in the near future without immediate intervention.

G. The department shall disclose DCS information to
a county medical examiner or an alternate medical examiner directing an
investigation into the circumstances surrounding a death pursuant to section 11-593.

H. Access to DCS information in the central registry
shall be provided as prescribed in sections 8-804 and 8-804.03.

I. To provide oversight of the department, the
department shall provide access to DCS information to the following persons, if
the DCS information is reasonably necessary for the person to perform the
person's official duties:

1. Federal or state auditors.

2. Persons conducting any accreditation deemed
necessary by the department.

3. A standing committee of the legislature or a
committee appointed by the president of the senate or the speaker of the house
of representatives for purposes of conducting investigations related to the
legislative oversight of the department. This information shall not
be further disclosed unless a court has ordered the disclosure of this
information, the information has been disclosed in a public or court record, or
the information has been disclosed in the course of a public meeting or court
proceeding.

4. A legislator who requests DCS information in the
regular course of the legislator's duties. A legislator may discuss
this information with another legislator. This information shall not
be further disclosed unless a court has ordered the disclosure of this
information, the information has been disclosed in a public or court record, or
the information has been disclosed in the course of a public meeting or court
proceeding.� To request a file pursuant to this paragraph:

(a) The legislator shall submit a written request
for DCS information to the presiding officer of the body of which the state
legislator is a member. The request shall state the name of the
person whose case file is to be reviewed and any other information that will
assist the department in locating the file. The presiding officer
may authorize a legislative staff member to attend with the legislator any
meeting to review the file.

(b) The presiding officer shall forward the request
to the department within five working days of the receipt of the request.

(c) The department shall make the necessary
arrangements for the legislator to review the file at
a secure
location within a legislative chamber or at
an office of the department,
chosen by the legislator,

within ten working days.

5. A citizen review panel as prescribed by federal
law, a child fatality review team as provided in title 36, chapter 35 and the
office of ombudsman-citizens aide.

6. An independent oversight committee established
pursuant to section 41-3801.

7. The governor who shall not disclose any
information unless a court has ordered the disclosure of the information, the
information has been disclosed in a public or court record or the information
has been disclosed in the course of a public meeting or court proceeding.

J. A person who has been denied DCS information
regarding a fatality or near fatality caused by abuse, abandonment or neglect
pursuant to subsection L of this section or section 8-807.01 may bring a
special action pursuant to section 39-121.02 in the superior court to
order the department to release that DCS information.� A legislator has
standing to bring or to join a special action regarding the release of DCS
information or to challenge the redaction of released DCS information.� The
plaintiff shall provide notice to the county attorney, who has standing and may
participate in the action.� The court shall review the requested records in
camera and order disclosure consistent with subsections A and L of this section
and section 8-807.01. The court shall take reasonable steps to
prevent any clearly unwarranted invasions of privacy and protect the privacy
and dignity of victims of crime pursuant to article II, section 2.1, subsection
C, Constitution of Arizona.

K. The department or a person who is not
specifically authorized by this section to obtain DCS information may petition
a judge of the superior court to order the department to release DCS
information. The plaintiff shall provide notice to the county
attorney and to the attorney and guardian ad litem for the child, who have
standing and may participate in the action. The court shall review
the requested records in camera and shall balance the rights of the parties who
are entitled to confidentiality pursuant to this section against the rights of
the parties who are seeking the release of the DCS information. The
court may release otherwise confidential DCS information only if the rights of
the parties seeking the DCS information and any benefits from releasing the DCS
information outweigh the rights of the parties who are entitled to
confidentiality and any harm that may result from releasing the DCS
information.� The court shall take reasonable steps to prevent any clearly
unwarranted invasions of privacy and protect the privacy and dignity of victims
of crime pursuant to article II, section 2.1, subsection C, Constitution of
Arizona.

L. Except as provided in subsection M of this
section, before it releases records under this section or section 8-807.01,
the department shall take whatever precautions it determines are reasonably
necessary to protect the identity and safety of a person who reports child
abuse or neglect and to protect any other person if the department believes
that disclosure of the DCS information would be likely to endanger the life or
safety of any person. The department is not required by this section
to disclose DCS information if the department demonstrates that disclosure
would cause a specific, material harm to a department investigation.� The
department is not required by this section to disclose DCS information if, in
consultation with the county attorney, the county attorney demonstrates that
disclosure would cause a specific, material harm to a criminal investigation or
prosecution.

M. A person who is the subject of an unfounded
report or complaint made pursuant to this article or article 9, 10, 11, 12, 13
or 14 of this chapter and who believes that the report or complaint was made in
bad faith or with malicious intent may petition a judge of the superior court
to order the department to release the DCS information. The petition
shall specifically set forth reasons supporting the person's belief that the
report or complaint was made in bad faith or with malicious intent.� The court
shall review the DCS information in camera and the person filing the petition
shall be allowed to present evidence in support of the petition. If
the court determines that there is a reasonable question of fact as to whether
the report or complaint was made in bad faith or with malicious intent and that
disclosure of the identity of the person making the report or complaint would
not be likely to endanger the life or safety of the person making the report or
complaint, it shall provide a copy of the DCS information to the person filing
the petition and the original DCS information is subject to discovery in a
subsequent civil action regarding the making of the report or complaint.

N. The department shall provide the person who
conducts a forensic medical evaluation with any records the person requests,
including social history and family history regarding the child, the child's
siblings and the child's parents or guardians.

O. The department shall provide DCS information on
request to a prospective adoptive parent, foster parent or guardian, if the
information concerns a child the prospective adoptive parent, foster parent or
guardian seeks to adopt or provide care for.

P. If the department receives information that is
confidential by law, the department shall maintain the confidentiality of the
information as prescribed in the applicable law.

Q. A person may authorize the release of DCS
information about the person but may not waive the confidentiality of DCS
information concerning any other person.

R. The department may provide a summary of the
outcome of a department investigation to the person who reported the suspected
child abuse or neglect.

S. The department shall adopt rules to facilitate
the accessibility of DCS information.

T. The department or a person who receives DCS
information pursuant to subsection B of this section shall provide DCS
information to law enforcement and a court to protect the safety of any
employee of the department or the office of the attorney general or to protect
a family member of such an employee.

U. A person who receives DCS information shall
maintain the confidentiality of the information and shall not further disclose
the information unless the disclosure is authorized by law or a court order.

V. The department may charge a fee for copying costs
required to prepare DCS information for release pursuant to this section or
section 8-807.01.

W. Unless explicitly prohibited by law, it is the
public policy of this state that the department shall provide both of the
following:

1. All DCS information and direct remote access to
the department's automated case management system to the office of the
ombudsman-citizen's aide and the auditor general.

2. Direct remote access to the department's
automated case management system and any DCS information that is necessary to
perform the foster care review board's statutory duties to the supreme court.

X. A person who violates this section is guilty of a
class 2 misdemeanor.
END_STATUTE