HB 4004

House Engrossed
DCS; abuse
  investigation; protective parent
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 4004
AN
ACT
amending title 8, chapter 4, article 1,
arizona revised statutes, by adding section 8-469.03; relating to child
welfare.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 8-469.03, to read:
START_STATUTE8-469.03. Abuse; neglect; protective parent; mandatory intervention;
report; definition
A. The department shall initiate an
investigation and protective action when the department receives a credible
report of abuse or neglect of a child through the centralized intake hotline
pursuant to section 8-455 even if one of the child's parents is a
protective parent.
B. after receiving a report pursuant
to subsection A of this section, the department may take any of the following
actions:
1. Begin an immediate and thorough
investigation of the allegation of abuse or neglect.
2. Develop a safety plan for the
child.
3. Provide support services to the
child and the child's protective parent.
4. Provide recommendations for
temporary modification of parenting time or legal decision-making orders when a
credible risk of harm to the child exists.
C. The department may not decline to
investigate an allegation of abuse or neglect solely because the department
determines that one parent may be able to protect the child if one of the
following exists:
1. The parent who is alleged to have
abused or neglected the child has parenting time or legal decision-making
authority pursuant to a current parenting time or legal decision-making order.
2. The protective parent lacks the
resources, authority or capacity to ensure the child's safety.
D. if the parents of the child are
legally separated or otherwise do not reside in the same household and the
protective parent provides a safe ENVIRONMENT for the child, the department
shall continue to investigate the parent who is the subject of the allegation
of abuse or neglect.� The department shall do all of the following:
1. Conduct a full investigation of
the household of the parent who is the subject of the allegation of abuse or
neglect.
2. Provide safety planning and
protective measures to the protective parent who is not the subject of an
allegation of abuse or neglect.
3. Participate in judicial
proceedings involving the child or the parent who is the subject of an
allegation of abuse or neglect to ensure that restrictions or protective orders
are implemented against the parent who is the subject of an allegation of abuse
or neglect.
E. The
department shall annually publish on the department's official website a report
that includes all of the following regarding cases received pursuant to this
section that involve an allegation of abuse or neglect:
1. The number of cases in which the
department declined to intervene.
2. The reasons why the department
declined to intervene.
3. The outcome of cases in which the
department declined to intervene and if there were any subsequent findings of
abuse or neglect.
F. For the purposes of this section,
"child" means a child who is the subject of a report of alleged abuse
or neglect. END_STATUTE