HB 2322

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_STATUTE8-456. 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.�