Child Abuse Registry; Records

SB1118 - 441R - I Ver
Reference Title: child abuse registry; records
AN ACT
AMENDING SECTION 8-804, ARIZONA REVISED STATUTES; MAKING AN
APPROPRIATION; RELATING TO PROTECTIVE SERVICES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-804, Arizona Revised Statutes, is amended to read:
8-804 . Central registry; notification; removal of name
A. The department of economic security shall maintain a central registry of reports, investigations and
evaluations made under this article. The registry shall contain the information furnished by protective
services workers throughout the state. The department shall incorporate duplicate reports on the same
incident in the original report and shall not classify duplicate reports as new reports.
B. Except as provided in subsection C, reports shall be kept in the central registry until the child
concerned reaches the age of eighteen years.
C. The department shall purge identifying information annually from the central registry that
pertains to reports received by the department after June 30, 1987 if no subsequent reports have
been received by the department on that child, family or alleged abuser if any of the following is
true:
1. After an investigation the report has been found invalid and two years have passed since the
department received the report.
2. A report has not been investigated and five years have passed since the department received the
report.
3. After an investigation the report has been found undetermined and five years have passed since
the department received the report.
4. A referral has been made to the family builders pilot program and five years have passed since the
report was received by the department.
B. THE DEPARTMENT SHALL KEEP ALL SUBSTANTIATED REPORTS IN THE CENTRAL
REGISTRY FOR TWENTY-FIVE YEARS AFTER THE DATE OF THE REPORT. THE
DEPARTMENT SHALL PURGE ALL OTHER REPORTS AND THE RECORDS AND FILES
RELATED TO THESE REPORTS THREE YEARS AFTER THE DATE OF THE REPORT IF
THE DEPARTMENT HAS NOT RECEIVED A SUBSEQUENT REPORT ON THE CHILD,
FAMILY OR ALLEGED ABUSER.
C. A PERSON WHO IS THE SUBJECT OF A SUBSTANTIATED CHILD PROTECTIVE
SERVICES REPORT KEPT IN THE CENTRAL REGISTRY MAY REQUEST THE
DEPARTMENT TO PURGE THE REPORT THREE YEARS AFTER THE DATE OF THE
REPORT IF THE DEPARTMENT HAS NOT RECEIVED A SUBSEQUENT REPORT ON THE
CHILD, FAMILY OR ALLEGED ABUSER.
D. WITHIN THIRTY DAYS AFTER THE DEPARTMENT RECEIVES A REQUEST TO
PURGE A SUBSTANTIATED REPORT PURSUANT TO SUBSECTION C, THE
ADMINISTRATIVE OFFICE OF APPEALS SHALL REVIEW THE REQUEST, THE REPORT
AND ANY OTHER EVIDENCE PRESENTED BY THE REQUESTER TO DETERMINE IF
THERE ARE CIRCUMSTANCES THAT WARRANT REMOVAL OF THE REPORT FROM
THE CENTRAL REGISTRY INCLUDING:
1. INVESTIGATIVE FINDINGS CLASSIFIED AS MINOR OR POTENTIAL ABUSE.
2. THE AGE OF THE CHILD.
3. IF THERE WAS INTENT TO HARM THE CHILD.
4. A WRITTEN STATEMENT FROM A THERAPIST VERIFYING THAT THE PERSON
WHO IS THE SUBJECT OF THE REPORT PARTICIPATED IN SERVICES AND IS NO
LONGER A THREAT TO ANY MINOR PERSON.
E. ON COMPLETION OF THE REVIEW THE ADMINISTRATIVE LAW JUDGE SHALL
DETERMINE IF PROBABLE CAUSE EXISTS TO REMOVE THE REPORT FROM THE
CENTRAL REGISTRY. IF THE ADMINISTRATIVE LAW JUDGE FINDS THAT PROBABLE
CAUSE EXISTS, THE ADMINISTRATIVE LAW JUDGE SHALL ORDER THE
DEPARTMENT TO REMOVE THE REPORT FROM THE CENTRAL REGISTRY.
F. THE DEPARTMENT SHALL NOTIFY THE REQUESTER WHEN THE REPORT IS
REMOVED FROM THE CENTRAL REGISTRY.
D. G. Any person who was the subject of a child protective services investigation may request
confirmation that the department has purged information about the person in accordance with
subsection C PURSUANT TO SUBSECTION B . On receipt of this request , the department shall
provide the person with written confirmation that the department has no record containing identifying
information about that person , and, if available, the date that the department purged the identifying
information .
Sec. 2. Appropriation; purpose; exemption
A. The sum of $175,000 is appropriated from the state general fund to the department of economic
security in fiscal year 1999-2000 for the purpose of maintaining the central registry established by
section 8-804, Arizona Revised Statutes.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-
190, Arizona Revised Statutes, relating to lapsing of appropriations.

Has your name been added to a child abuse list?
Note: In the U.S. if you’ve been investigated by CPS you’ve probably had your name added to a “child
abuse index” listing that will prevent you from holding certain types of jobs, even if you were innocent
of the charges. The person who wrote the posting I’m reprinting below is in Canada. I feel this is an
important issue for many of us and so I requested to move this posting from our message board to here
on the front page of the site. You can discuss this issue with the person who wrote the following by
using this link: Abuse Registry should be under Review. (forum registration required) – ljm
By ‘Frustrated':
Most of our names are put on Abuse Registry and we did not have any Criminal
Background or no Convictions. We didn’t even go to Court. No Criminal Charges.
And yet our names are on Abuse Registry? I assumed it was only for the Convicted who
were already tried in Criminal Courts. Boy was I wrong. It is typically ANYONE can be
put on Abuse Registry who had CPS Cases previously and who were founded, substanited,
or indicated.
Should it be under review and should be reformed?
Yes.
We should go to our Consitiuents, Congressmen, and Senators and write letters to them,
telling them of our stories and our names were put on Abuse Registry. And make them
change the Laws, to have the Abuse Registry ONLY for CONVICTED Criminals and
Convicted Abusers that were already declared guilty in Criminal Courts in the peers of their
jury.
Everyone should WRITE A LETTER explaining to Senators and Congressmen that this is a
Problem. An innocent, law abiding, voting Citizen with no Criminal Background was being
put on the Registry without due process????? Shocked.
Please everybody, write a letter to Senators and Congressmen pleading that this is unjust
(unjustice) on the public. We never gotten to see the Criminal Courts. Even my Criminal
Case was thrown out and dismissed and our names are still on there regardless of what CPS
say? Who is ABOVE THE LAW>? CPS?
This is an OUTRAGE! It is like putting a Judge on Abuse Registry. Is that even right? It is
like putting Paris Hilton on Abuse Registry just because of her DUI? It is like putting
putting a Priest on it, OH wait a minute, let’s rewind, they had court for supposed sexual
abuse. Never mind. How about Children? 15 or 16 who become a first time parent gets put
on Abuse Registry. They can’t even finish High School. Rolling Eyes
Come on Let’s be real. Registries as I assumed, same as Sex Offender Registries FOR
CONVICTED. Should be treated as the same…CONVICTED ABUSERS who have
already been tried in Criminal Courts and was declared Guilty of his peers of the jury.
Why put law abiding, normal parents who never saw the steps of the Courthouse being put
on it for?
Why are the Parents were not or never was criminally or formally charged for any crimes if
anything at all????
Let’s change its Laws and Reform it. If CPS wants private registry, they should keep it to
themselves, and not made to the Public. Just CPS for their own imaginary bogus made ups
cases.
Let’s bring Justice back and let’s do it right.

 Child Abuse Registry Info