8-807

8-807. CPS information; public record; use;
confidentiality; violation; classification; definitions

A. CPS 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 CPS information shall be construed as openly as possible under federal
law.

B. The department, or a person who receives CPS information pursuant to this
subsection, shall provide CPS 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 chapter:

1. To meet its duties to provide for the safety, permanency and well-being of a
child, provide services to a parent, guardian or custodian or provide services to family
members to strengthen the family pursuant to this chapter.

2. To enforce or prosecute any violation involving child abuse or neglect.

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

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

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

F. The department:

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

2. Shall promptly provide CPS information to the public regarding a case of child
abuse, abandonment or neglect that has resulted in a fatality or near fatality as
follows:

(a) The department shall provide preliminary information including:

(i) The name, age and city, town or general location of residence of the child who
has suffered a near fatality or fatality.

(ii) The fact that a child suffered a near fatality or fatality as the result of
abuse, abandonment or neglect.

(iii) The name, age and city, town or general location of residence of the alleged
perpetrator, if available.

(iv) Whether there have been reports, or any current or past cases, of abuse,
abandonment or neglect involving the child and the current alleged abusive or neglectful
parent, guardian or custodian.

(v) Actions taken by child protective services in response to the fatality or near
fatality of the child.

(b) On request by any person, the department shall promptly provide additional CPS
information to the requestor. Before releasing additional CPS information, the department
shall promptly notify the county attorney of any decision to release that information,
and the county attorney shall promptly inform the department if it believes the release
would cause a specific, material harm to a criminal investigation. After consulting with
the county attorney, pursuant to subdivision (c) of this paragraph, the department shall
produce to the requestor as much additional CPS information as promptly as possible about
a case of child abuse, abandonment or neglect that resulted in a fatality or near
fatality.

(c) On request, the department shall continue to provide CPS information promptly
to the public about a fatality or near fatality unless:

(i) After consultation with the county attorney, the county attorney demonstrates
that release of particular CPS information would cause a specific, material harm to a
criminal investigation.

(ii) The release would violate subsection A or K of this section or the privacy of
victims of crime pursuant to article II, section 2.1, subsection C, Constitution of
Arizona.

(d) If any person believes that the county attorney has failed to demonstrate that
release would cause a specific, material harm to a criminal investigation, that person
may file an action in superior court pursuant to title 39, chapter 1, article 2 and
subsection I of this section and request the court to review the CPS information in
camera and order disclosure.

3. May provide CPS information to a person who is conducting bona fide research,
the results of which might provide CPS information that is beneficial in improving child
protective services.

4. May provide access to CPS information to the parent, guardian or custodian of a
child if the CPS information is reasonably necessary to promote the safety, permanency
and well-being of the child.

G. Access to CPS information in the central registry shall be provided as
prescribed in section 8-804.

H. To provide oversight of child protective services, the department shall provide
access to CPS information to the following persons, if the CPS 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 of
economic security. 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 CPS information in the regular course of the
legislator's duties. 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 CPS 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.

(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 an office of the department, chosen by the legislator, within ten
working days.

(d) The legislator shall sign a form, consistent with the requirements of this
paragraph and paragraph 3 of this subsection, before reviewing the file, that outlines
the confidentiality laws governing child protective services files and penalties for
further release of the information.

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.

I. A person who has been denied CPS information regarding a fatality or near
fatality caused by abuse, abandonment or neglect pursuant to subsection F, paragraph 2 or
subsection K of this section may bring a special action pursuant to section 39-121.02 in
the superior court to order the department to release that CPS information. A legislator
has standing to bring or to join a special action regarding the release of CPS
information or to challenge the redaction of released CPS 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 subsection A, subsection F, paragraph 2 and subsection K of this section.
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.

J. The department or a person who is not specifically authorized by this section to
obtain CPS information may petition a judge of the superior court to order the department
to release CPS 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 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 CPS information. The court may release otherwise confidential
CPS information only if the rights of the parties seeking the CPS information and any
benefits from releasing the CPS information outweigh the rights of the parties who are
entitled to confidentiality and any harm that may result from releasing the CPS
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.

K. Except as provided in subsection L of this section, before it releases records
under this section, 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 CPS information would be likely to endanger the life or safety of any
person. The department is not required by this section to disclose CPS information if the
department demonstrates that disclosure would cause a specific, material harm to a child
protective services investigation. The department is not required by this section to
disclose CPS information if, in consultation with the county attorney, the county
attorney demonstrates that disclosure would cause a specific, material harm to a criminal
investigation.

L. A person who is the subject of an unfounded report or complaint made pursuant to
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 CPS 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 CPS 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 CPS information to the person filing the petition and the original CPS information is
subject to discovery in a subsequent civil action regarding the making of the report or
complaint.

M. 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.

N. The department shall provide CPS 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.

O. 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.

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

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

R. The department shall adopt rules to facilitate the accessibility of CPS
information.

S. The department may charge a fee for copying costs required to prepare CPS
information for release pursuant to this section.

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

U. For the purposes of this section:

1. "CPS information" includes all information the department gathers during the
course of a child protective services investigation conducted under this chapter from the
time a file is opened and until it is closed. CPS information does not include
information that is contained in child welfare agency licensing records.

2. "Near fatality" means an act that, as certified by a physician, places a child
in serious or critical condition.