ARIZONA

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WHO:        Anyone MAY report if they reasonably believe a minor is or has been a victim of physical injury, abuse, child abuse, a reportable offense, or neglect.  [Rev. Stat. § 13-3620(F)] 

The following persons MUST report known or suspected incidents:  • Physicians, physician’s assistants, optometrists, dentists, osteopaths, chiropractors, podiatrists, behavioral health professionals, nurses, psychologists, counselors, or social workers • Peace officers, child welfare investigators, or child protective services workers • Members of the clergy, priests, or Christian Science practitioners • (The minor’s) parents, stepparents, or guardians • School personnel, domestic violence victim advocates, or sexual assault victim advocates • Any other person who has responsibility for the care or treatment of minors. • Any other person who is the immediate or next higher level supervisor to or administrator of a professional listed here.  [Rev. Stat. § 13-3620(A)]  BUT NOTE:

(A)     The mandate for physicians, physician's assistants, optometrists, dentists, osteopaths, chiropractors, podiatrists, behavioral health professionals, nurses, psychologists, counselors, and social workers applies only if reasonable belief is developed in the course of treating a patient.  [Rev. Stat. § 13-3620(A)(1)] 

(B)     The mandate for school personnel, domestic violence victim advocates and sexual assault victim advocates applies only if reasonable belief is developed in the course of their employment.  [Rev. Stat. § 13-3620(A)(4)] 

(C)     The mandate for supervisors and administrators applies only if reasonable belief is developed in the course of employment, AND they have no reasonable belief that the professional’s report has been made.  Parents, stepparents, and guardians are not deemed professionals here. [Rev. Stat. § 13-3620(A)(6)] 

(D)     For reporters with a mandate limited to observations made while working, the mandate does not extend to their free time. For other mandatory reporters, who lack that limitation, the mandate covers observations made at any time.

·        STANDARD:  [Rev. Stat. §§ 13-3620, -3623(F)(2), -3401; 36-2281]  Child means under age 18.

                              (1)      For all mandatory reporters (part I): reasonable belief that a minor is or has been the victim of: (a) physical injury; (b) abuse; (c) child abuse; (d) a reportable offense; or (e) neglect; where it was non-accidentally inflicted OR is not explained by the available medical history as accidental in nature.  [Rev. Stat. § 13-3620(A)]

                              (2)      For all mandatory reporters (part II): reasonable belief that there has been (a) a denial or deprivation of (b) necessary medical treatment or surgical care or nourishment, with (c) intent to cause or allow the (d) death of an infant (age < 1 year).  [Rev. Stat. §§ 13-3620(A); 36-2281]

                              (3)      For health-care professionals: (following EITHER routine physical assessment of a newborn infant’s (<30 days old) health status OR positive toxicology results): reasonable belief that the newborn infant may be affected by the presence of alcohol or a [regulated] drug.  [Rev. Stat. §§ 13-3620(E); 13-3401]

                              (4)      For other reporters: reasonable belief that a minor is a victim of abuse, child abuse, physical injury, a reportable offense, or neglect.  [Rev. Stat. § 13-3620(F)]

NOTE: “abuse”, “child abuse”, and “neglect” are within the legal descriptions at the end of these Arizona pages.  “Reportable offense” means: (a) child sexual abuse (§§ 13-1401 ff.); (b) sexual conduct & child porn (§ 13-3501); (c) harmful e-messaging to minors (§ 13-3506.01); (d) surreptitiously making child porn (§ 13-3019); (e) child prostitution (§ 13-3212); (f) incest (§ 13-3608); or (g) unlawful mutilation (§ 13-1214).

·        PRIVILEGE: Only attorney-client and clergy-penitent privileges are recognized.  [Rev. Stat. § 13-3620(K),(L)]  But there is also privilege at the discretion of medical and mental health professionals for confidences from un-incarcerated sex offenders who are not responsible for the child nor treated by court order.  [Rev. Stat. § 13-3620(C)]

WHEN:      Mandated reporters must report IMMEDIATELY.  [Rev. Stat. § 13-3620]  Several outside sources state that a mandated report to law enforcement must be followed at latest within 72 hours by a written report to child protective services (CPS). This requirement is not in current versions of the statutes reviewed nor is it on Arizona’s official websites as reviewed.

WHERE & HOW:  Electronically or by phone to (1) a peace officer or (2) Department of Child Safety (DCS). For mandatory reports, for an Indian minor living on a reservation, the report is to (3) tribal law enforcement or (4) an Indian social services agency.  [Rev. Stat. § 13-3620(D),(F),(H); Admin. Code §§ R6-5-5502; R6-5-5501; https://dcs.az.gov/services/suspect-abuse-report-it-now] 

·        In an EMERGENCY (where the child faces an immediate risk of abuse or neglect that could result in death or serious harm):                     Dial 911; report afterward.

·        If the incident concerns a person who has no care, custody, or control of the minor, report to a peace officer ONLY, immediately, and electronically or by phone.

·        DCS child abuse hotline (24/7). [§ 8-455]            1-888-767-2445 (1-888-SOS-CHILD) (Toll-free. This also takes emergency calls. It is also the sole report-taker for reports of alcohol/drugs in newborn infants, by or on behalf of medical professionals)

·       Reporters *may* make mandatory reports at https://guardian.dynamics365portals.us/ if it is not an emergency.  [https://dcs.az.gov/services/suspect-abuse-report-it-now]

·       Directories of peace officers / law enforcement agencies (including tribal) in Arizona: 

o   https://en.wikipedia.org/wiki/List_of_law_enforcement_agencies_in_Arizona

o   https://www.usacops.com/az/

·       Directories of Indian social service agencies in Arizona: 

o   http://www.nrc4tribes.org/state.cfm?topic=51&state=AZ

o   https://des.az.gov/sites/default/files/district_maps.pdf?time=1590350450097

·       REPORT DETAILS: Must include, if known: (a) names and addresses of the minor and parents or persons with custody; (b) minor’s age; (c) nature and extent of abuse, child abuse, physical injury, or neglect, including any evidence of previous abuse, etc.; and (d) other info the reporter believes might help establish the cause, etc.  [Rev. Stat. § 13-3620(D)]  Report-takers also ask: (e) the child’s current condition; (f) child’s gender, and family member names, ages, and genders (not just parents or persons with custody); (g) child’s home phone number(s); and (h) parents’ or guardians’ place(s) of employment.  [https://www.azcentral.com/story/news/local/arizona-child-welfare/2018/04/11/understand-system-these-people-reporting-child-abuse-mandatory/495688002/]

·       REPORTER PROTECTION: The reporter’s name and address or contact info are requested but only required online.  [Rev. Stat. § 8-455]  Records are not released without reasonably necessary precautions to protect the reporter’s identity and safety.  [Rev. Stat. § 8-807]  A reporter is immune from civil and criminal liability unless s/he acted with malice or is charged or suspected for abusing or neglecting the child(ren); a reporter participating in a child protection program loses immunity if s/he is charged for or suspected of abandoning the child(ren).  [Rev. Stat. §§ 13-3620(J); 8-805(A)]

WHY:         (1) Violating the mandatory reporting requirement is a class 1 misdemeanor; but if it involves a reportable offense, it is a class 6 felony.  [Rev. Stat. § 13-3620(O),(P)]. 

·       NOTE: “Reportable offense” means: (a) child sexual abuse (§§ 13-1401 ff.); (b) sexual conduct & child porn (§ 13-35.1, seemingly 13-3501); (c) harmful e-messaging to minors (§ 13-3506.01); (d) surreptitiously making child porn (§ 13-3019); (e) child prostitution (§ 13-3212); (f) incest (§ 13-3608); or (g) unlawful mutilation (§ 13-1214).

(2) Certain falsehoods are class 1 misdemeanors: (2a) a knowingly, intentionally false report with malice; (2b) malicious coercion of another person to make a false report; and (2c) a knowingly, intentionally false report that another falsely reported.  [Rev. Stat. § 13-3620.01].

WHAT:      Arizona defines child abuse or neglect to include physical abuse, emotional abuse, sexual abuse/exploitation, neglect, and abandonment.  [Rev. Stat. § 8-201]  

Initial Screening Criteria: Hotline staff check for prior reports on the same persons, and if a report is “screened in” (designated for follow-up investigation), they assess whether there are aggravating or mitigating factors.  [Admin. Code §§ R6-5-5502; 5504; 5506] Also assessed: the child’s risk level.  [https://dcs.az.gov/resources/faq/question-categories-abuse-and-neglect-0]

Reportable: (1) anyone for physical injuries, injurious permissive drug exposure, or exploitive sexual abuse; (2) parent, guardian, or custodian for neglect, emotional abuse, [per se] permissive drug exposure or negligent sexual abuse; (3) birth mother for prenatal drug exposure; or (4) parent for abandonment. A child’s responsible persons include: (a) the parent; and/or (b) anyone else who has care, custody, & control,   [Rev. Stat. § 8-201]

Physical Abuse: includes:  [Rev. Stat. § 8-201]

(A)     Bodily Harm means inflicting or allowing (a) physical injury; (b) bodily function impairment; or (c) disfigurement.

(1)     PHYSICAL INJURY means impairment such as: (a) bruises; (b) pressure sores; (c) bleeding; (d) failure to thrive; (e) malnutrition; (f) dehydration; (g) burns; (h) bone fracture; (i) subdural hematoma; (j) soft tissue swelling; (k) organ injury; or (l) any condition that imperils health or welfare.  [Rev. Stat. § 13-3623(F)(4)]

(2)     SERIOUS PHYSICAL INJURY is diagnosed and causes any of: (a) risk of death; (b) serious or permanent disfigurement; (c) physical pain; (d) serious health impairment; (e) loss / impairment of an organ or limb; OR (f) is by sexual acts: (i) abuse, (ii) conduct, (iii) assault, (iv) molesting, (v) trafficking, (vi) exploiting [commercially or not], or (vii) incest.  [cf. § 13-3623(F)(5)]

(B)     Drugs: Physical injury by permitting a child (a) enter or remain in (b) a structure or vehicle that has (c) chemicals (volatile, toxic, or flammable) or equipment that are used to (d) make a dangerous drug.

(C)     Constraints: Unreasonable confinement of a child.

NOTE: Physical abuse does NOT include accidental physical injury to an elementary school-age child in typical playground activity on a school day on the premises of a school the minor attends, where the incident is reported to the legal parent or guardian AND the school keeps a written record.  [Rev. Stat. § 13-3620(B)(2)] 

Neglect: includes:  [Rev. Stat. § 8-201] 

(A)     Need: Inability/Unwillingness of a parent, guardian, or custodian to provide: (a) supervision; (b) food; (c) clothing; (d) shelter; or (e) medical care, if it risks harm to the child’s health or welfare unreasonably.

o  EXCEPTIONS: (1) reasonable services are unavailable for a disability or chronic condition; or (2) Christian Science treatment instead of medical care.

(B)     Drug Making: (a) Permitting a child to enter or remain in (b) a structure or vehicle that contains (c) [haz.] chemicals or equipment to make a (d) dangerous drug.

(C)     Drug Taking: Prenatal exposure of a newborn infant to a drug or substance not by med. treatment.  [Rev. Stat. §§ 13-3401; 8-201]  E.g., fetal alcohol syndrome.

o   Prenatal Assessment is by any of: (a) clinical indicators; (b) substance (ab)use history; (c) medical history; and (d) toxicology or other lab test. 

Abandonment: after six months without just cause, a parent’s failure to provide: (a) reasonable support; (b) regular contact; AND (c) normal supervision. Merely minimal effort to support & communicate with the child.  [Rev. Stat. § 8-201]  (Neglect, with less contact.)

Emotional Abuse: inflicts or allows serious emotional damage, with a medical or psych diagnosis of (a) severe anxiety, (b) depression, (c) withdrawal, or (d) aggression, caused by acts or omissions of someone having care, custody, and control. “Serious mental injury” is diagnosed as such, AND does at least one of:  [Rev. Stat. § 8-201]

(A)     Impairment: Seriously impairs mental faculties;

(B)     Requires Therapy: Causing severe anxiety, depression, withdrawal, or social dysfunction behavior to an extent that requires treatment; and/or

(C)     Sexual Trauma: Trauma that is the result of sexual: abuse, contact, assault, molestation, trafficking, exploitation (commercial or otherwise), or incest. 

Sexual Abuse/Exploitation:  

(A)     Sexual Abuse includes: (a) inflicting or allowing sexual abuse; (b) sexual conduct with a minor; (c) sexual assault (rape); (d) molestation of a child; (e) sexual exploitation of a minor (commercially or not); (f) incest; and (g) child sex trafficking.  [Rev. Stat. §§ 8-201(2)(a); 13-3551]

(1)     CONTEXT: INCEST means that a person age 18 or more marries, fornicates with, or commits adultery with someone s/he knows to be his/her: (a) parent or child; (b) grandparent or grandchild of any degree; (c) brother or sister of whole or half blood; (e) uncle, niece, aunt, or nephew; or (f) first cousin (apart from a first cousin where both persons are age 65 or more and can present proof that one is unable to reproduce).  [Rev. Stat. §§ 13-3608; 25-101(A),(B)]

(2)     CONTEXT: THE AGE OF CONSENT is: (a) age 18; (b) younger if the minor is the spouse (& there is no domestic violence); or (c) is age 15 if the other person is under age 19 or attending high school, and is no more than 24 months older. Mistake-in-age is a defense. But there is NO consent to a person who is in a position of trust.  [Rev. Stat. §§ 13-405; 13-407(B),(D),(E)]

(3)     REPORTS are NOT mandated for consensual sexual conduct between minors age 14, 15, 16, and/or 17.  [Rev. Stat. §§ 13-3620(B)(1); 13-1405; 13-407(E)]

(B)     Neglect as sexual abuse by a parent, guardian, or custodian means:  [Rev. Stat. §§ 8-201(25)(e),(f); 13-3551]

(1)      DELIBERATE EXPOSURE of a child to sexual: (a) conduct; (b) contact; (c) oral contact; (d) intercourse; (e) bestiality; or (f) explicit materials; and/or

(a)     where sexual conduct means actual or simulated: (i) intercourse (genital/oral/anal-genital, or oral-anal, same or opposite sex); (ii) an object penetrating vagina or rectum non-medically; (iii) bestiality; OR (iv) for viewer stimulation: masturbation; sadomasochism; or defecation or urination.

(2)      RECKLESS DISREGARD for whether the child is physically present during: (a) sexual contact; (b) oral sexual contact; (c) sexual intercourse; or (d) bestiality.