Ala. child hostage standoff moves beyond 30 hours; Community prays for release

http://www.tucsonnewsnow.com/story/20791656/ala-child-hostage-standoff-moves-beyond-30-hours-community-prays-for-release

Posted: Jan 29, 2013 4:00 PM Updated: Jan 31, 2013 5:12 AM

By John Shryock - bio | email

By Mark Wilder – email

 

 

MIDLAND CITY, AL (WSFA) -

Authorities and the suspected killer of a school bus driver and abductor of a 6-year-old kindergartner remain locked in a hostage standoff in southeastern Alabama that's spanned more than 30 hours. The child is said to be "okay", having been given access to medicine and the box of crayons and a coloring book he requested.

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SLIDESHOW: Midland City Child Hostage

A collection of photos from the scene of a fatal school bus shooting and child hostage crisis in the southeastern Alabama town of Midland City.

The child, whose name isn't being published, has remained in an underground bunker with his captor since Tuesday afternoon when he was plucked from the school bus he was riding home. The abductor, identified as 65-year-old Jimmy Lee Dykes, is accused of boarding the child's bus in the town of Midland City where he fatally shot the bus driver before kidnapping the boy.

Hostage negotiators have pleaded with the suspect to hand over the child and give himself up to police. Communication with Dykes, via a PVC pipe connected to his bunker, has so far yielded no movement.

The child is said to have a medical condition, for which authorities were successful Wednesday morning in getting medication. The situation remains "static".

"We have no reason to believe that the child has been harmed," Dale County Sheriff Wally Olson said during a Wednesday afternoon media briefing.

Concerned citizens attended vigils at several churches Wednesday night, lighting candles and praying for the boy's safe release.

The surrounding community is holding its collective breath in hopes that the hostage situation will end peacefully. "Right now the whole town seems like they're just in a mourning stage," said nearby convenience store manager Carl McKenzie. Even though McKenzie doesn't know the boy, "I would go take that child's place if I could, just to get him out of danger."  

SLAIN BUS DRIVER

More details are emerging about the slain bus driver. The Dale County Sheriff's Department confirmed the body that was taken from the crime scene early Wednesday morning belonged to Charles Albert Poland, Jr.

Poland had been with the Dale County Board of Education as a bus driver since 2009 and was described as a cheerful and happy man who loved his job. Mr. Poland, 66, was acting in his official duties, transporting 21 students, when he was fatally shot.

The word "hero" is now being applied to the man who was attempting to protect his passengers. Witnesses say Poland was shot multiple times, 3 possibly 4 times, after he refused to comply with the suspect's demand that a child, or 2 children, get off the bus and come with him.

The Poland family has asked for privacy in their time of grief.

SUSPECT WAS SET FOR COURT HEARING

A clearer picture of the man at the center of the standoff is also starting to come into focus. Neighbors described Dykes as being "anti-government" and "a long time concern" and expressed no surprise that he could be involved in such a situation with law enforcement.

Court records show that Dykes was supposed to be in court Wednesday morning to face menacing charges. Being holed up in a bunker, he never made it to the courthouse.

Dykes now appears on the radar of the Southern Poverty Law Center, or SPLC. The Montgomery-based SPLC tracks hate groups and underground organizations and says Dykes came to their attention after Tuesday's events because of anti-American beliefs they say he's shown.

SPLC's Mark Potok said of Dykes' past that he was described as "very much standoffish and very much a loner". Dykes was virtually unknown to anyone outside his small town, until now. Potok said it wasn't clear if Dykes is connected to any anti-government group or radical group. "We just don't know," he said.

Sources close to the investigation say Dykes is a "survivalist" or "Doomsday prepper" and his bunker is stocked with food and other items that could extend his ability to stay below ground.

Officials can't, or won't, confirm if Dykes' hostage situation is connected to his alleged anti-American beliefs.

Dykes is also said to be a Vietnam veteran who suffers from Post Traumatic Stress Disorder, or PTSD.

SUSPECT TARGETS SCHOOL BUS

The situation started around 3:40 p.m. Tuesday near the Destiny Church at the intersection of U.S. Highway 231 and Private Road 1539 in the small, southeastern Alabama town of Midland City. The Dale County town is located approximately 2-and-a-half hours from the state capital of Montgomery.

The Dale County Sheriff's Department and a multitude of other law enforcement, including surrounding police departments, Alabama State Troopers and SWAT team converged on the community in the aftermath of the shooting and kidnapping.

Authorities began communicating with the suspect via a PVC pipe connected to the bunker. While the child was said to be in "okay" condition, considering the circumstances, authorities remained cautious, calling it a "delicate" situation. 

Though there's no confirmed evidence of explosive devices, a bomb squad is on scene. Everyone living in the immediate area around the scene was evacuated "as a precautionary measure" the Dale County Sheriff's Dept. said. Many residents sought other shelter overnight as Sheriff Wally Olson concluded it could be a long night.

Three local school systems, Dale County, Daleville City and Ozark City, closed for Wednesday after news of the situation spread.

Both north and southbound traffic on U.S. Hwy. 231 near the church were closed for hours, but authorities opened the roadway up to commuters late in the evening Tuesday.

WITNESSES: OTHER STUDENTS WERE TRAUMATIZED

A man who spoke with several children who were on-board the school bus said the students told him they witnessed a man step on-board where he shot the driver and took a young boy hostage.

Michael Senn, a local minister whose church owns the building occupied by Destiny Church, though it's currently being rented by another congregation, said while he was not on the scene when the incident happened, he spoke with several of the children a short time later.

Senn said one girl told him that the man who got on-board told most of the students to get off the bus. He then grabbed a young boy and shot the bus driver four times.

Senn said the children who got off the bus ran toward for safety and hid behind Destiny Church. "All the kids are at a safe place," he said, though he added all of them appeared to be in shock.

"I spoke to a young guy, 13-years-old, that was really traumatized," Senn said. The boy, who is "really good friends" with the hostage, witnessed the entire incident. "I talked with him and ministered with him and prayed with him before he left," Senn said before family came and picked him up.

NEIGHBOR: HE RETREATED TO "HOMEMADE BOMB SHELTER"

Mike Creel, a neighbor of Dykes, said he spoke with some of the students who were on the bus and was told that the suspect boarded the vehicle as it stopped to drop off some students. Creel said students told him the suspect was trying to take two children from the bus but only managed to leave with one.  "He was only able to get a hold of one," Creel said the other riders told him, because the child fainted and was grabbed.

Creel said after firing on the driver, the suspect "retreated back onto his land" where "he's hidden in his homemade bomb shelter."

Creel said he chased after the suspect. "I ran into his yard. I didn't realize that it was actually him [the neighbor] at the time..." Creel said he ran right past the suspect's house and underground bomb shelter to the edge of a field where he thought a stranger was possibly running. Creel said by the time he found out it was his neighbor, he was out of the yard and the police were arriving on scene.

Creel said the suspect has lived on the property for around two years and, "that was one of the first things he started building."

COMMUNITY SHOCKED

Word of the fatal shooting and kidnapping spread through the community, and across the country quickly. Many local residents expressed shock over the situation.

Jacey Green knew the bus driver who lost his life. "The bus driver was my teacher's husband," Green said. "I feel bad for her. I think people shouldn't be doing this to that little kid."

"It's so disheartening," said Chelsea Cooper of Ozark. " You think, you know, things like this would be under control. You would think your children would be okay on a school bus or at a school."

OFFICIALS REACT

Donny Bynum, Superintendent of the Dale County School System, is asking for prayer for the student, his family and Mr. Poland's family. Poland said counseling will be available at local schools as soon as the hostage situation in resolved. He added, "This is a law enforcement issue and is being conducted as such."

"First and foremost, we want to convey our deepest regrets to the family of the slain bus driver and at the same time, prepare for the anticipated, safe rescue of our abducted student," said Dr. Tommy Bice, State Superintendent of Education. "We will continue to work collaboratively with local and state law enforcement agencies in this ongoing investigation.

Bice continued, "We will at the appropriate time, complete an analysis of the facts. At this time, our number one focus is the safe return of our student to his parents and to honor the life of our fallen colleague." Bice will be in Dale County Thursday to meet with local school personnel.

Alabama Governor Robert Bentley has been notified of the situation and his office says he is closely monitoring the situation.

U.S. Representative Martha Roby (R-Dist.2) tweeted to her followers urging patience "as law enforcement officers do their best to get to the bottom of this..." and asked her followers to "be prayerful, lifting up those affected in prayers for comfort and healing."

State Senator Harri Anne Smith, (I-Dist. 29), asked her constituents and others to "Please pray for the families whose hearts are broken tonight in Dale County. Special prayers for the Brave Bus Drivers family who did his best to protect his children. Special prayers for "Love Bug" the five year old son of a Mother awaiting his safe return. Special prayers for the children who were on the Bus who had to witness such a horrible act."

CONTINUING COVERAGE

WSFA 12 News has a crew on the scene and will continue to monitor the situation. Keep checking back for additional details or follow our FACEBOOK or TWITTER reports.

Copyright 2013 WSFA 12 News.  All rights reserved.

Parental abductions common in Pima Co., US

http://www.tucsonnewsnow.com/story/20805576/parental-abductions-common-in-pima-county-and-entire-us

 

TUCSON, AZ (Tucson News Now) -

Authorities are still searching for two missing girls in southern Arizona.

They are 11-month-old Estella Lovemore and 2-year-old Caroline Oddo.

Estella has been missing since Sunday.

Caroline went missing back in November.

Tucson police believe Caroline's father, Luis Palacio, took her.

He is wanted for custodial interference in that case.

Marana police are calling him a person of interest in Estella's disappearance.

They say Palacio is the boyfriend of Estella's mother, Danielle Lovemore.

Marana police have issued an arrest warrant for Danielle, whom they say took Estella from a family birthday party.

They say Child Protective Services had removed Estella from her home in November and she was in foster care.

If you have any information that can help police, you're asked to call 911 or 88-CRIME.

In each missing child case the charge is custodial interference.

It's a problem that authorities say they see all too often.

KOLD News 13 spoke with two legal experts in Tucson who say parental abduction is very common.

Pima County Attorney Barbara LaWall says, "Parental abduction is the most common form of abduction of a child. People do not necessarily have to be as concerned at all about stranger abduction. It happens very rarely, even though we are constantly made aware of it through Amber Alerts, etc. It is extremely rare compared to parental abduction that happens far more frequently, not only in this jurisdiction, but across the United States."

Parental child abductions were once even more common than they are now.

Family Law Attorney Kathleen McCarthy says that's because of, what she calls, holes in the court system.

"We didn't have the statutes to deal with it. In response to, I think the growing problem of parents thinking they could get away with basically depriving the other parent of access or they could do that with some kind of impunity...we saw the emergence of custodial interference statutes," McCarthy says.

Pima County Attorney Barbara LaWall says passage of the "Uniform Child Custody Jurisdiction Act" helped cut down significantly on the number of parental abductions in the United States.

The act requires each state to enforce child custody court orders from the other states.

"So what used to happen, a lot actually, was a parent would remove a child from this jurisdiction and take him to California or another state and then have a court there change the custody, and that's not permitted any more," LaWall says.

Custodial interference is a crime, a felony that carries a penalty.

"All the state would have to show is that the person who has taken the child has deprived either the other parent or, in one of the cases here, an institution which would be CPS or the state, from exercising their legal right to time with the child or access to the child," McCarthy says.

Copyright 2013 Tucson News Now All rights reserved.

Child Protective Services (CPS) Information Regarding Children Who Have Died or Nearly Died of Abuse or Neglect (Maltreatment)

Effective September 26, 2008, changes to state law established a detailed process for the Department of Economic Security (DES) to release Child Protective Services (CPS) records related to children who have died or nearly died as a result of abuse or neglect. If CPS receives a report that a child has died or nearly died as a result of abuse or neglect on or after September 26, 2008, the preliminary information will be posted on this page. If additional records on those cases are subsequently requested and released, information about accessing those records also will be posted on this page.

The Department is using a new format to post information on child fatalities and near fatalities that were due to abuse, abandonment or neglect. This format is designed to provide more preliminary information about circumstances of the death or near death.

The Department began posting information about child fatalities and near fatalities on the website on September 26, 2008, when A.R.S. § 8-807, the law governing CPS information, was changed.

Based on public suggestions received over the past year, the Department determined that this revised format would better inform the public about these cases.

The Department is also posting child fatalities and near fatalities that were determined to be the result of abuse or neglect if neither law enforcement nor CPS have identified the perpetrator.

 

 

http://www.avvo.com/legal-guides/ugc/arizona-abuse-and-neglect---cps-position

Arizona Statutes 13-1201 Endangerment

Arizona Statutes

For a complete listing of Arizona Statutes go to www.azleg.state.az.us

13-1201   Endangerment

A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.

B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.

13-1202   Threatening Or Intimidating

A. A person commits threatening or intimidating if such person threatens or intimidates by word or conduct:

1.  To cause physical injury to another person or serious damage to the property of another; or

2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly, or transportation facility; or

3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.

B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 4 felony.

13-1203   Assault

A. A person commits assault by:

1. Intentionally, knowingly or recklessly causing any physical injury to another person; or

2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or

3. Knowingly touching another person with the intent to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

13-1204   Aggravated Assault

A. A person commits aggravated assault if the person commits assault as defined in section 13-1203 under any of the following circumstances:

1. If the person causes serious physical injury to another.

2. If the person uses a deadly weapon or dangerous instrument.

3. If the person commits the assault after entering the private home of another with the intent to commit the assault.

4. If the person is eighteen years of age or more and commits the assault upon a child the age of fifteen years or under.

5. If the person commits the assault knowing or having reason to know that the victim is a peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.

6. If the person commits the assault knowing or having reason to know the victim is a teacher or other person employed by any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, or any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties, or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.

7. If the person meets both of the following conditions:

(a) Is imprisoned or otherwise subject to the custody of any of the following:

(i) The state department of corrections.

(ii) The department of juvenile corrections.

(iii) A law enforcement agency.

(iv) A county or city jail or an adult or juvenile detention facility of a city or county.

(v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.

(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities prescribed by subdivision (a) of this paragraph.

8. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.

9. If the person commits the assault knowing or having reason to know that the victim is a fire fighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties.

10. If the person commits the assault knowing or having reason to know that the victim is a licensed health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. The provisions of this paragraph do not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550 or is afflicted with Alzheimer's disease or related dementia.

11. If the person commits assault by any means of force which causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part.

B. Except pursuant to subsection C of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section is a class 3 felony except if the victim is under fifteen years of age in which case it is a class 2 felony punishable pursuant to section 13-604.01. Aggravated assault pursuant to subsection A, paragraph 11 of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 7 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 3, 4, 5, 6, 8, 9 or 10 of this section is a class 6 felony.

C. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 11 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 5 of this section resulting in any physical injury to a peace officer while the officer is engaged in the execution of any official duties is a class 5 felony.

13-1501   Criminal Trespass (definitions)

In this chapter, unless the context otherwise requires:

1. "Enter or remain unlawfully" means an act of a person who enters or remains on premises when such person's intent for so entering or remaining is not licensed, authorized or otherwise privileged except when the entry is to commit theft of merchandise displayed for sale during normal business hours, when the premises are open to the public and the person does not enter any unauthorized areas of the premises.

2. "Entry" means the intrusion of any part of any instrument or any part of a person's body inside the external boundaries of a structure or unit of real property.

3. "Fenced commercial yard" means a unit of real property surrounded completely by either fences, walls, buildings, or similar barriers or any combination thereof, and used primarily for business operations or where livestock, produce or other commercial items are located.

4. "Fenced residential yard" means a unit of real property immediately surrounding or adjacent to a residential structure and enclosed by a fence, wall, building or similar barrier, or any combination thereof.

5. "In the course of committing" means any acts performed by an intruder from the moment of entry to and including flight from the scene of a crime.

6. "Nonresidential structure" means any structure other than a residential structure.

7. "Residential structure" means any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

8 "Structure" means any building, object, vehicle, railroad car or place with sides and a floor, separately securable from any other structure attached to it and used for lodging, business, transportation, recreation or storage.

13-1502   Criminal Trespass In The Third Degree

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Criminal trespass in the third degree is a class 3 misdemeanor.

13-1503   Criminal Trespass In The Second Degree

A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any non-residential structure or in any fenced commercial yard.

B. Criminal trespass in the second degree is a class 2 misdemeanor.

13-1504   Criminal Trespass In The First Degree

A. A person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure or in a fenced residential yard; or

2. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.

3. Entering unlawfully on real property subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on such claim or lease.

4. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.

B. Criminal trespass in the first degree is a class 6 felony if it is committed by entering or remaining unlawfully in or on a residential structure or committed pursuant to subsection A, paragraph 4. Criminal trespass in the first degree is a class 1 misdemeanor if it is committed by entering or remaining unlawfully in a fenced residential yard or committed pursuant to subsection A, paragraph 2 or 3.

13-1601   Criminal Damage (definitions)

In this chapter, unless the context otherwise requires:

1. "Damaging" means "damage" as defined in section 13-1701.

2. "Defacing" means any unnecessary act of substantially marring any surface or place, by any means,

or any act of putting up, affixing, fastening, printing, or painting any notice upon any structure, without permission from the owner.

3. "Litter" includes any rubbish, refuse, waste material, offal, paper, glass, cans, bottles, organic or inorganic trash, debris, filthy or odoriferous objects, dead animals, or any foreign substance of whatever kind or description, including junked or abandoned vehicles, whether or not any of these items are of value.

4. "Property of another" means property in which any person other than the defendant has an interest, including community property and other property in which the defendant also has an interest.

5. "Tamper" means any act of interference.

6. "Utility" means any enterprise, public or private, which provides gas, electric, steam, water, sewer or communications services, as well as any common carrier on land, rail, sea or air.

13-1602   Criminal Damage

A. A person commits criminal damage by recklessly:

1. Defacing or damaging property of another person; or

2. Tampering with property of another person so as substantially to impair its function or value; or

3. Tampering with the property of a utility.

4. Parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.

5. Drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.

B. Criminal damage is punished as follows:

1. Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of ten thousand dollars or more, or if the person recklessly causes impairment of the functioning of any utility.

2. Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of two thousand dollars or more but less than ten thousand dollars.

3. Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of more than two hundred fifty dollars but less than two thousand dollars.

4. In all other cases criminal damage is a class 2 misdemeanor.

13-1604   Aggravated Criminal Damage

A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner:

1. Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose.

2. Defacing or damaging any building, structure or place used as a school or as an educational facility.

3. Defacing, damaging or tampering with any cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead.

B. Aggravated criminal damage is punishable as follows:

1. Aggravated criminal damage is a class 4 felony if the person intentionally or recklessly does any act described in subsection A which causes damage to the property of another in an amount of ten thousand dollars or more.

2. Aggravated criminal damage is a class 5 felony if the person intentionally or recklessly damages property of another in an amount of one thousand five hundred dollars or more but less than ten thousand dollars.

3. In all other cases aggravated criminal damage is a class 6 felony.

C. In determining the amount of damage to property, damages include the cost of repair or replacement of the property that was damaged.

13-2810   Interfering With Judicial Proceedings (commonly referred to as an IJP)

A. A person commits interfering with judicial proceedings if such person knowingly:

1..Engages in disorderly, disrespectful or insolent behavior during the session of a court which directly tends to interrupt its proceedings or impairs the respect due to its authority; or

2.  Disobeys or resists the lawful order, process or other mandate of a court; or

3.  Refuses to be sworn or affirmed as a witness in any court proceeding; or

4.  Publishes a false or grossly inaccurate report of a court proceeding; or

5.  Refuses to serve as a juror unless exempted by law; or

6.  Fails inexcusably to attend a trial at which he has been chosen to serve as a juror.

B. Interfering with judicial proceedings is a class 1 misdemeanor.

13-2916   Use Of Telephone To Terrify, Intimidate, Threaten, Harass, Annoy Or Offend

A. It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person. It is also unlawful to otherwise disturb by repeated anonymous telephone calls the peace, quiet or right of privacy of any person at the place where the telephone call or calls were received.

B. Any offense committed by use of a telephone as set forth in this section is deemed to have been committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received.

C. Any person who violates this section is guilty of a class 1 misdemeanor.

13-2921   Harassment

A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:

1. Anonymously or otherwise communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.

2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.

3. Repeatedly commits an act or acts that harass another person.

4. Surveils or causes another person to surveil a person for no legitimate purpose.

5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.

6. Interferes with the delivery of any public or regulated utility to a person.

B. A person commits harassment against a public officer or employee if the person, with intent to harass, files a non-consensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property.

C. Harassment under subsection A is a class 1 misdemeanor. Harassment under subsection B is a class 5 felony.

D. This section does not apply to an otherwise lawful demonstration, assembly or picketing.

E. For purposes of this section, "harassment" means conduct directed at a specific person which would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person.

13-2921.01   Aggravated Harassment

A. A person commits aggravated harassment if the person commits harassment as provided in section 13-2921 and any of the following applies:

1. A court has issued an order of protection or an injunction against harassment against the person and in favor of the victim of harassment and the order or injunction has been served and is still valid.

2. The person has previously been convicted of an offense included in section 13-3601.

B. The victim of any previous offense shall be the same as in the present offense.

C. A person who violates subsection A, paragraph 1 of this section is guilty of a class 6 felony. A person who commits a second or subsequent violation of subsection A, paragraph 1 of this section is guilty of a class 5 felony. A person who violates subsection A, paragraph 2 of this section is guilty of a class 5 felony.

D. For the purposes of this section, "convicted" means a person who was convicted of an offense included in section 13-3601, who had judgment deferred pursuant to section 13-3601, subsection M or who was adjudicated delinquent for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult for an offense included in section 13-3601.

13-2923   Stalking

A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:

1. Would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for their safety or the safety of that person's immediate family member.

2. Would cause a reasonable person to fear physical injury to or death of that person or that person's immediate family member and that person in fact fears physical injury to or death of that person or that person's immediate family member.

B. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 is a class 3 felony.

C. For the purposes of this section:

1. "Course of conduct" means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity.

2. "Immediate family member" means a spouse, parent, child or sibling or any other person who regularly resides in a person's household or resided in a person's household within the past six months.

13-702   Sentencing

A.  Sentences provided in section 13-701 for a first conviction of a felony, except those felonies involving a discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury upon another or if a specific sentence is otherwise provided, may be increased or reduced by the court within the ranges set by this subsection. Such reduction or increase shall be based on the aggravating and mitigating circumstances contained in subsections C and D of this section and shall be within the following ranges:

Minimum Maximum

1. For a class 2 felony                                      4     years                    10   years

2. For a class 3 felony                                      2.5 years                      7   years

3. For a class 4 felony                                      1.5 years                      3   years

4. For a class 5 felony                                         9 months                    2   years

5. For a class 6 felony                                         6 months                 1.5  years

B. The upper or lower term imposed pursuant to section 13-604, 13-604.01, 13-604.02, 13-702.01 or 13-710 or subsection A of this section may be imposed only if the circumstances alleged to be in aggravation or mitigation of the crime are found to be true by the trial judge upon any evidence or information introduced or submitted to the court prior to sentencing or any evidence previously heard by the judge at the trial, and factual findings and reasons in support of such findings are set forth on the record at the time of sentencing.

C. For the purpose of determining the sentence pursuant to section 13-710 and subsection A of this section, the court shall consider the following aggravating circumstances:

1. Infliction or threatened infliction of serious physical injury, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under section 13-604.

2. Use, threatened use or possession of a deadly weapon or dangerous instrument during the commission of the crime, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under section 13-604.

3. If the offense involves the taking of or damage to property, the value of the property so taken or damaged.

4. Presence of an accomplice.

5. Especially heinous, cruel or depraved manner in which the offense was committed.

6. The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value.

7. The defendant procurred the commission of the offense by payment, or promise of payment, of anything of pecuniary value.

8. At the time of the commission of the offense, the defendant was a public servant and the offense involved conduct directly related to his office or employment.

9. The physical, emotional and financial harm caused to the victim or, if the victim has died as a result of the conduct of the defendant, the emotional and financial harm caused to the victim's immediate family.

10. During the course of the commission of the offense, the death of an unborn child at any stage of its development occurred.

11. The defendant was previously convicted of a felony within the ten years immediately preceding the date of the offense. A conviction outside the jurisdiction of this state for an offense which if committed in this state would be punishable as a felony is a felony conviction for the purposes of this paragraph.

12. The defendant was wearing a bulletproof vest.

13. If the victim of the offense is sixty-five or more years of age or is a handicapped person as defined by section 38-492.

14. Evidence that the defendant committed the crime out of malice toward a victim because of the victim's identity in a group listed in section 41-1750, subsection A, paragraph 3 or because of the defendant's perception of the victim's identity in a group listed in section 41-1750, subsection A, paragraph 3.

15. Any other factors which the court may deem appropriate to the ends of justice.

D. For the purpose of determining the sentence pursuant to section 13-710 and subsection A of this section, the court shall consider the following mitigating circumstances:

1. The age of the defendant.

2. The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.

3. The defendant was under unusual or substantial duress, although not such as to constitute a defense to prosecution.

4. The degree of the defendant's participation in the crime was minor, although not so minor as to constitute a defense to prosecution.

5. Any other factors which the court may deem appropriate to the ends of justice.

In determining what sentence to impose, the court shall take into account the amount of aggravating circumstances and whether the amount of mitigating circumstances is sufficiently substantial to call for the lesser term. If the court finds aggravating circumstances and does not find any mitigating circumstances, the court shall impose an aggravated sentence.

E. The court in imposing sentence shall consider the evidence and opinions presented by the victim or the victim's immediate family at any aggravation or mitigation proceeding or in the pre-sentence report.

F. Nothing in this section shall affect any provision of law which imposes the death penalty, which expressly provides for imprisonment for life or which authorizes or restricts the granting of probation and suspending the execution of sentence.

G. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor. The provisions of this subsection shall not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies. When a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney:

1. Files an information in superior court designating the offense as a misdemeanor; or

2. Files a complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court; or

3. Files a complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor.

13-901   Probation

A. If a person who has been convicted of an offense is eligible for probation, the court may suspend the imposition or execution of sentence and, if so, shall without delay place such person on intensive probation supervision pursuant to section 13-913 or supervised or unsupervised probation upon such terms and conditions as the law requires and the court deems appropriate, including participation in any programs authorized in title 12, chapter 2, article 11. If a person is not eligible for probation, imposition or execution of sentence shall not be suspended or delayed. If the court imposes probation, it may also impose a fine as authorized by chapter 8 of this title. If probation is granted the court shall impose a condition that the person waive extradition for any probation revocation procedures and it shall order restitution pursuant to section 13-603, subsection C where there is a victim who has suffered economic loss. When granting probation to an adult the court shall, as a condition of probation, assess a monthly fee of not less than forty dollars unless, after determining the inability of the probationer to pay the fee, the court assesses a lesser fee. In justice and municipal courts the fee shall only be assessed when the person is placed on supervised probation. For persons placed on probation in the superior court, the fee shall be paid to the clerk of the superior court and the clerk of the court shall pay all monies collected from this fee to the county treasurer for deposit in the adult probation services fund established by section 12-267. For persons placed on supervised probation in the justice court, the fee shall be paid to the justice court and the justice court shall transmit all of the monies to the county treasurer for deposit in the adult probation services fund established by section 12-267. For persons placed on supervised probation in the municipal court, the fee shall be paid to the municipal court. The municipal court shall transmit all of the monies to the city treasurer who shall transmit the monies to the county treasurer for deposit in the adult probation services fund established by section 12-267.

B. The period of probation shall be determined according to section 13-902.

C. The court may in its discretion issue a warrant for the re-arrest of the defendant and may modify or add to the conditions or, if the defendant commits an additional offense or violates a condition, may revoke probation in accordance with the rules of criminal procedure at any time prior to the expiration or termination of the period of probation. If the court revokes the defendant's probation and the defendant is serving more than one probationary term concurrently, the court may sentence the person to terms of imprisonment to be served consecutively.

D. At any time during the probationary term of the person released on probation, any probation officer may, without warrant or other process, at any time until the final disposition of the case, re-arrest any person and bring the person before the court.

E. The court, on its own initiative or upon application of the probationer, after notice and an opportunity to be heard for the prosecuting attorney, and on request, the victim, may terminate the period of probation or intensive probation and discharge the defendant at a time earlier than that originally imposed if in the court's opinion the ends of justice will be served and if the conduct of the defendant on probation warrants it.

F. When granting probation the court may require that the defendant be imprisoned in the county jail at whatever time or intervals, consecutive or nonconsecutive, the court shall determine, within the period of probation, as long as the period actually spent in confinement does not exceed one year or the maximum period of imprisonment permitted under chapter 7 of this title, whichever is the shorter.

G. If restitution is made a condition of probation; the court shall fix the amount of restitution and the manner of performance pursuant to the provisions of chapter 8 of this title.

H. When granting probation, the court shall set forth at the time of sentencing and on the record the factual and legal reasons in support of each sentence.

I. If the defendant meets the criteria set forth in section 13-901.01 or 13-3422, the court may place the defendant on probation pursuant to either section. If a defendant is placed on probation pursuant to section 13-901.01 or 13-3422, the court may impose any term of probation authorized pursuant to this section which is not in violation of section 13-901.01.

13-902   Periods Of Probation

A. Unless terminated sooner, probation may continue for the following periods:

1. For a class 2 felony, seven years.

2. For a class 3 felony, five years.

3. For a class 4 felony, four years.

4. For a class 5 or 6 felony, three years.

5. For a class 1 misdemeanor, three years.

6. For a class 2 misdemeanor, two years.

7. For a class 3 misdemeanor, one year.

B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:

1. For a violation of section 28-1381 or 28-1382, five years.

2. For a violation of section 28-1383, ten years.

C. When the court has required, as a condition of probation, that the defendant make restitution for any economic loss related to the defendant's offense and that condition has not been satisfied, the court at any time prior to the termination or expiration of probation may extend the period within the following limits:

1 For a felony, not more than three years.

2. For a misdemeanor, not more than one year.

D. Notwithstanding any other provision of law, justice courts and municipal courts may impose the probation periods specified in subsection A, paragraphs 5, 6 and 7 and subsection B, paragraph 1 of this section.

E. After conviction of a felony offense or an attempt to commit any offense that is included in chapter 14 or 35.1 of this title or section 13-2923 or 13-3623, if probation is available, probation may continue for a term not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice.

13-903   Calculation Of Periods Of Probation

A.  A period of probation commences on the day it is imposed or as designated by the court, and an extended period of probation commences on the day the original period lapses.

B.  If a court determines that the defendant violated a condition of the defendant's probation but reinstates probation, the period between the date of the violation and the date of restoration of probation is not computed as part of the period of probation. If it is determined that the defendant is not a violator, there is no interruption of the period.

C. The running of the period of probation shall cease during the unauthorized absence of the defendant from the jurisdiction or from any required supervision and shall resume only upon the defendant's voluntary or involuntary return to the probation service.

D. The running of the period of probation shall cease during the period from the filing of the petition to revoke probation to the termination of revocation of probation proceedings, except that if a court determines that the defendant is not a violator, there is no interruption of the period of probation.

E. If probation is imposed on one who at the time is serving a sentence of imprisonment imposed on a different conviction, service of the sentence of imprisonment shall not satisfy the probation.

F. Time spent in custody under section 13-901, subsection F shall be credited to any sentence of imprisonment imposed upon revocation of probation.

Nation remembers Challenger heroes on 26th anniversary

HOUSTON (RNN) - Twenty-six years ago, the space shuttle Challenger exploded after lifting off its launch pad at Kennedy Space Center, engulfing the entire nation in a wave of tragedy.

"The crew of the space shuttle Challenger honored us by the manner in which they lived their lives," said President Ronald Reagan on the evening of the accident, Jan. 28, 1986. "We will never forget them, nor the last time we saw them, this morning, as they prepared for their journey and waved goodbye and 'slipped the surly bonds of earth' to 'touch the face of God.'''

And forget them, the nation has not.

Where were you when the Challenger exploded?

It was like Pearl Harbor. It was like JFK's assassination. It was like 9/11 and the day Elvis died.

When the space shuttle Challenger exploded before a live TV audience of mostly schoolchildren, it left a permanent mark on the psyches of most Americans who were old enough to remember.

The Raycom News Network took an informal Facebook poll and asked people where they were when the Challenger exploded. We received more than 200 responses in less than an hour.

Bobbi Rahanek was an 8-year-old in North Dakota, and her mother kept her home to watch the launch. She was sitting on the floor watching the shuttle go up when it exploded.

"I screamed and cried and asked my mother if we could go there to help save them," she said. "When she told me no, I ran to my room and cried forever. To this day it saddens me for all of them and their families. What a tragedy and a dark day for us all."

Jodell Johnson-Bridge of Murrells Inlet, SC, was in Disney World in Orlando, FL, about 55 miles from Cape Canaveral, where the space shuttle launched.

"Everyone was looking up, thinking it was all routine," she said. "I will always remember the moment as a sad one, a moment when I was watching lives come to an end."

Shannon Bizzell Gray of Tampa, FL, was in the eighth grade at St. Bede Catholic School in Montgomery, AL. She said she remembers sitting in silence after the tragedy.

"Which says a lot for a bunch of eighth graders. All the kids just looking at each other like, 'That didn't just really happen did it?' They turned the TV off pretty quickly after it happened, and we just tried to go back to normal school life."

But for the schoolchildren who witnessed the tragedy, nothing about the day could ever be normal. For that generation, it was the first time they realized their heroes - their teachers - could vanish in a plume of smoke.

[Click here for more recollections of the tragedy]

Like most Americans, NASA spokesman Kyle Herring remembers exactly where he was that fateful Tuesday morning.

Herring was a reporter at that time of the explosion. He happened to be on vacation and was forced to return to Washington that same night to get back to work.

Herring said the initial result of the Challenger was a great deal of internal scrutiny for NASA.

"The decision to launch the Challenger was flawed," read the Rodgers Commission Report, which was commissioned by Reagan to determine the cause of the accident.

While the explosion was linked to the cold weather, which froze an O-ring in the shuttle's right solid rocket booster, the committee deemed poor managerial decisions to be a contributing cause of the accident.

"Those who made that decision were unaware of the recent history of problems concerning the O-rings and the joint and were unaware of the initial written recommendation of the contractor advising against the launch at temperatures below 53 degrees Fahrenheit and the continuing opposition of the engineers at Thiokol after the management reversed its position," the report continued. "They did not have a clear understanding of Rockwell's concern that it was not safe to launch because of ice on the pad. If the decision makers had known all of the facts, it is highly unlikely that they would have decided to launch 51-L on January 28, 1986."

[Click here to read the entire Rodgers Commission Report]

That meant NASA needed to change the way it did business.

"The Challenger changed management philosophies, which have carried on even to today," Herring said.

Herring pointed out that the furthering of human exploration "never waned in the wake of the accident."

He said the answer to the Challenger's legacy lies therein: to continue human exploration as far as possible.

The Challenger disaster should be viewed as one of those blips on the radar that led to the progression of "something much greater than what we've done before," Herring said.

Originally scheduled to launch on Jan. 22, 1986, at 3:43 p.m., the Challenger's launch was pushed back multiple times, mostly due to weather, until its eventual launch on Jan. 28.

The space shuttle Challenger took off at 11:38 a.m. on pad 39B of Kennedy Space Center.

According to NASA's space shuttle mission archives, smoke began to spew from the shuttle's right solid rocket booster at approximately .678 seconds into the flight.

Seventy-three seconds into its flight, at an altitude of 46,000 feet, the Challenger exploded, killing its seven-member crew.

The crew had been scheduled for a seven-day flight, which would return to Kennedy Space Center 144 hours and 34 minutes after it left the launch pad.

The crew consisted of Commander Francis R. Scobee; Pilot Michael J. Smith; Mission Specialists Judith A. Resnik, Ellison S. Onizuka and Ronald E. McNair; and Payload Specialists Gregory B. Jarvis and Sharon Christa McAuliffe.

Jarvis and McAuliffe were to have observed and photographed Haley's Comet, perhaps the most crucial part of the mission.

McAuliffe, the best remembered of the crew, was chosen to be the first private U.S. citizen in space. In July 1985, she was selected from more than 11,000 applicants nationwide as the primary candidate for NASA's Teacher in Space Project.

McAuliffe held a master's degree in education from Bowie State University and taught English and American history from 1970 until her death.

She was scheduled to perform two lessons from space, "The Ultimate Field Trip" and "Where We've Been, Where We're Going," on the sixth day of flight.

Her participation in the space shuttle program brought a newfound public interest in the program, as McAuliffe made several public appearances.

In an interview during the time leading up to her mission, McAuliffe said her mission was a dream.

"We all have to dream. Dreaming is OK. Imagine me teaching from space, all over the world, touching so many people's lives. That's a teacher's dream," she said. "I have a vision of the world as a global village, a world without boundaries. Imagine a history teacher making history."

At the time of the incident, Shawna Gallagher Vega was a newborn, and she doesn't remember a time in her life when she didn't know about McAuliffe.

McAuliffe's legacy left a profound impact Vega, 26, who went on to become a history teacher herself and earned her two degrees from Boston College, where McAuliffe's father attended college.

[Click here to read more about Vega and how she strives to live McAuliffe's legacy]

Copyright 2011 Raycom News Network. All rights reserved. Sources: Space Shuttle Mission STS-51L Press Kit via the NASA History Program Office and the Curriculum Library, Archives and Special Collections of the Henry Whittemore Library at Framingham State University.

http://www.wtoc.com/story/16619394/nation-remembers-challenger-heroes-on-26th-anniversary

SB 1430 - Children, Child Protective Services - Key Vote

SB 1430 - Children, Child Protective Services - Key Vote

Arizona Key Votes

Stages

• June 21, 2006 House Bill Failed
• March 16, 2006 Senate Bill Passed
• Jan. 30, 2006 Introduced

Family

• SB 1430 - Children, Child Protective Services
• HR 4655 - Iraqi Liberation Act of 1998
• H Amdt 778 - Prohibiting Benefits to Undocumented Immigrants
• A 5726 - Designates civil enforcement officers employed by Jefferson county sheriff's office as peace officers
• AB 81 - Child protection: safe surrender
• H 4645 - Cigarette Tax Increase
• - Garry and D'Amico Amendment: Removal of Cigarette Tax Increase
• HB 187 - Restricting Access to Public Waters on Private Property
• HB 35 - Parental Consent for Underage Abortions
• LB 260 - Wrongful Conviction Compensation
• SB 306 - State Health Care Expansion
• SB 5599 - National Popular Vote Act
• SF 2083 - 2009-2011 Biennium Higher Education Budget
• SF 971 - School Anti-Bullying Policy Requirements
• LB 355 - Exempting Cigar Bars from the Smoking Ban
• - Limit of 3 Percent on Tuition Increases
• HB 11 - 2009-2010 Social Services Budget
• Limmer Amdt - Homosexuality in Education
• SB 19 - Relating to Procurement
• SF 64 - Increasing Seat Belt Violation Fine
• HB 334 - Relating to the Casino Support Services Contract
• SB 5039 - Tobacco Cessation Treatment
• SB 279 - Notice in Changes in Sales Tax
• H 464 - Prohibits Local Ordinances from Limiting Oil and Gas Extraction

Issues

• Family and Children Issues
• Legal Issues

Stage Details

Legislation - Bill Failed (House) (29-27) - June 21, 2006 (Key vote)

Title: Children, Child Protective Services

See The Voting Record
Full Bill Text

Legislation - Bill Passed (Senate) (17-12) - March 16, 2006 (Key vote)

Title: Children, Child Protective Services

Vote Smart's Synopsis:

Vote to pass a bill that increases the amount of evidence that must be presented in court proving abuse and neglect from “clear and convincing” to “beyond a reasonable doubt” before a parent-child relationship can be terminated. The bill also requires Child Protective Services to notify the parents of the charges against them before removing a child from their home and establishes the Family Advocacy Council and Family Advocacy Office.

See The Voting Record
Full Bill Text

Legislation - Introduced (Senate) - Jan. 30, 2006

Title: Children, Child Protective Services

Sponsors

• Karen S. Johnson (AZ - R) (Out Of Office)

Co-sponsors

• John M. Allen (AZ - R) (Out Of Office)
• Mark R. Anderson (AZ - R) (Out Of Office)
• Timothy S. 'Tim' Bee (AZ - R) (Out Of Office)
• Robert Blendu (AZ - R) (Out Of Office)
• Robert 'Bob' Burns (AZ - R) (Out Of Office)
• Franklin L. 'Jake' Flake (AZ - R) (Out Of Office)
• Ron Gould (AZ - R) (Out Of Office)
• Linda J. Gray (AZ - R) (Out Of Office)
• Jack W. Harper (AZ - R) (Out Of Office)
• Laura Knaperek (AZ - R) (Out Of Office)
• Russell K. Pearce (AZ - R) (Out Of Office)
• Thayer Verschoor (AZ - R) (Out Of Office)
• James 'Jim' Weiers (AZ - R) (Out Of Office)

 

Legislation - Bill Failed (House) (29-27) - June 21, 2006 (Key vote)

Title: Children, Child Protective Services

See The Voting Record
Full Bill Text

Legislation - Bill Passed (Senate) (17-12) - March 16, 2006 (Key vote)

Title: Children, Child Protective Services

Vote Smart's Synopsis:

Vote to pass a bill that increases the amount of evidence that must be presented in court proving abuse and neglect from “clear and convincing” to “beyond a reasonable doubt” before a parent-child relationship can be terminated. The bill also requires Child Protective Services to notify the parents of the charges against them before removing a child from their home and establishes the Family Advocacy Council and Family Advocacy Office.

See The Voting Record
Full Bill Text

Legislation - Introduced (Senate) - Jan. 30, 2006

Title: Children, Child Protective Services

Sponsors

• Karen S. Johnson (AZ - R) (Out Of Office)

Co-sponsors

• John M. Allen (AZ - R) (Out Of Office)
• Mark R. Anderson (AZ - R) (Out Of Office)
• Timothy S. 'Tim' Bee (AZ - R) (Out Of Office)
• Robert Blendu (AZ - R) (Out Of Office)
• Robert 'Bob' Burns (AZ - R) (Out Of Office)
• Franklin L. 'Jake' Flake (AZ - R) (Out Of Office)
• Ron Gould (AZ - R) (Out Of Office)
• Linda J. Gray (AZ - R) (Out Of Office)
• Jack W. Harper (AZ - R) (Out Of Office)
• Laura Knaperek (AZ - R) (Out Of Office)
• Russell K. Pearce (AZ - R) (Out Of Office)
• Thayer Verschoor (AZ - R) (Out Of Office)
• James 'Jim' Weiers (AZ - R) (Out Of Office)

 

http://votesmart.org/bill/924/children-child-protective-services

 

State of Arizona

Senate

Forty-seventh Legislature

Second Regular Session

2006

SENATE BILL 1430

AN ACT

Amending sections 8-803, 8-807, 8-822 and 8-823, Arizona Revised Statutes; Amending SECTION 8-537, Arizona Revised Statutes, as amended by laws 2003, second special session, chapter 6, section 9; amending section 8-537, Arizona Revised Statutes, as amended by laws 2003, second special session, chapter 6, section 10; amending section 8-844, Arizona Revised Statutes; amending title 8, chapter 10, Arizona Revised Statutes, by adding article 8; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41‑3011.11; making an appropriation; relating to children.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 8-803, Arizona Revised Statutes, is amended to read:

8-803.  Limitation of authority; duty to inform

A.  Upon initial contact with a parent, guardian or custodian under investigation pursuant to this article, a child protective services worker shall inform the family that the family is under investigation by the department, shall inform the parent, guardian or custodian of the specific complaint or allegation made against that person and shall make clear that the worker has no legal authority to compel the family to cooperate with the investigation or to receive protective services offered pursuant to the investigation.  The worker shall inform the family of the worker's authority to petition the juvenile court for a determination that a child is dependent. The worker shall inform the parent, guardian or custodian of that person's right to participate in the mediation program in the attorney general's office, to file a complaint with the ombudsman‑citizens aide pursuant to section 41‑1376 and to appeal determinations made by child protective services.  The worker shall provide the telephone numbers of these state agencies.  The worker shall supply the information prescribed in this subsection and information outlining parental rights under the laws of this state in writing and shall make all reasonable efforts to receive written acknowledgment from the parent, guardian or custodian.

A.  On initial contact with a person who is under investigation pursuant to this article, the child protective services worker must inform that person of all of the following and must make all reasonable efforts to receive written confirmation that the person under investigation received this information:

1.  That the person is under investigation by the department.

2.  The specific complaint or allegation made against the person.

3.  That the worker has no legal authority to compel the person under investigation or the person's family to cooperate with the investigation or to receive protective services offered pursuant to the investigation.

4.  That the worker has authority to petition the juvenile court for a determination that a child is dependent.

5.  That the person under investigation is not required to allow the worker to enter the dwelling.

6.  That the person under investigation has the right to participate in the mediation program in the attorney general's office, to file a complaint with the ombudsman-citizens aide pursuant to section 41-1376 and to appeal determinations made by child protective services.  The worker must provide the person with the telephone numbers of these state agencies.

B.  the worker must make all reasonable efforts to inform the person pursuant to subsection A of this section before the child is removed from the home.

C.  The department has the burden of proof that the worker informed the person as prescribed pursuant to subsection A of this section.

B.  D. The child protective services worker shall also inform the person about whom the report was made about that person's right to respond to the allegations either verbally or in writing, including any documentation, and to have this information considered in determining if the child is in need of protective services.  The worker shall tell inform the person that anything the person says or writes can be used in a court proceeding. If the person makes a verbal response, the worker shall include the response in the written report of the investigation.  If the person makes a written response, including any documentation, the worker shall include this response and the documentation in the case file.  Information provided in response to the allegations shall be considered during the investigation by the worker.  The worker shall maintain the response and documentation in the case file and provide this information to the court before a hearing or trial relating to the dependency petition.

C.  D.  If the family declines to cooperate with the investigation or to accept or to participate in the offered services, or if the worker otherwise believes that the child should be adjudicated dependent, the worker may file with the juvenile court a petition requesting that the child in need of protective services be adjudicated dependent.

D.  E. Refusal to cooperate in the investigation or to participate in the offered services does not constitute grounds for temporary custody of a child except if there is a clear necessity for temporary custody as provided in section 8‑821.

Sec. 2.  Section 8-807, Arizona Revised Statutes, is amended to read:

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.  If there is a reasonable need for the CPS information, 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 county attorney, 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, including provision of the CPS information to a defendant after a criminal charge has been filed.

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.  May provide and, on request, shall provide summary information regarding a fatality or near fatality caused by abuse or neglect.

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.

4.  A legislator who is responsible for oversight of the enabling or appropriating legislation to carry out these functions.  This information shall not be further disclosed.  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.  The request shall also include the office of the department at which the legislator wants to review 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, 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‑citizen's ombudsman-citizens aide.

6.  the staff of the family advocacy office.  This information shall not be further disclosed.

I.  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 that CPS information.  The court shall balance the rights of the parties entitled to confidentiality pursuant to this section against the rights of the parties seeking 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 sought outweigh the rights of the parties entitled to confidentiality and any harm that may result from releasing the CPS information sought.

J.  Except as provided in subsection K 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 the person.  The department is not required by this section to disclose CPS information if the disclosure would compromise the integrity of a child protective services or criminal investigation.

K. 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.

L.  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.

M.  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.

N.  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.

O.  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.

P.  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.

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

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

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

T.  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.

Sec. 3.  Section 8-822, Arizona Revised Statutes, is amended to read:

8-822.  Removal of child from home; review; review teams

The department shall adopt rules and establish clear policies and procedures, where appropriate, to:

1.  Determine the circumstances under which it is appropriate to remove a child from the custody of the child's parents, guardian or custodian.

2.  Ensure the immediate notification of the child's parents, guardian or custodian regarding the removal of the child from home, school or child care and the timely interview of the child and the child’s parent, guardian or custodian.

3.  Review each removal of a child that is expected to result in a dependency petition to assess options other than continued out‑of‑home placement including in‑home services to the family.  Such The reviews shall be conducted before the dependency petition is filed.  The review team shall consist of a protective services worker, a  or the worker's supervisor, but not both the worker and the supervisor, and two members of the local foster care review board.  At least one foster care review board member shall be from the district where the child was removed.  If two members of the foster care review board are not available, the review team must consult an employee of the family advocacy office established in section 8-902.  If the child has a medical need or a chronic illness, the review team shall include the child's physician.  If all reasonable efforts to reach the child's physician have been made and the physician is not available, the team shall include a physician who is licensed pursuant to title 32, chapter 13 or 17 and who is familiar with children's health care.  A child shall not be removed unless a majority of the members of the review team agree that removal is necessary.  If a majority of the members of the review team do not agree that removal is necessary, the child shall not be removed or, if the child has already been removed, the child shall be returned to the home.

Sec. 4.  Section 8-823, Arizona Revised Statutes, is amended to read:

8-823.  Notice of taking into temporary custody

A.  If a child is taken into temporary custody pursuant to this article, the interested person, peace officer or child protective services worker taking the child into custody shall provide written notice within six hours to the parent or guardian of the child, unless:

1.  The parent or guardian is present when the child is taken into custody, then written and verbal notice shall be provided immediately.

2.  The residence of the parent or guardian is outside this state and notice cannot be provided within six hours, then written notice shall be provided within twenty‑four hours.

3.  The residence of the parent or guardian is not ascertainable, then reasonable efforts shall be made to locate and notify the parent or guardian of the child as soon as possible.

B.  The written notice shall contain a signature line for the parent or guardian to acknowledge receipt of both written and verbal notices.  The written and verbal notices shall contain the name of the person and agency taking the child into custody, the location from which the child was taken and all of the following information:

1.  Specific reasons as to why the child is being removed.  The notice shall list the specific factors that caused the determination of imminent danger.

2.  Services that are available to the parent or guardian, including a statement of parental rights and information on how to contact the ombudsman‑citizen's aide ombudsman‑citizens aide's office and an explanation of the services that office offers.

3.  The date and time of the taking into custody.

4.  The name and telephone number of the agency responsible for the child.

5.  A statement of the reasons for temporary custody of the child.

6.  A statement that the child must be returned within seventy‑two hours, excluding Saturdays, Sundays and other legal holidays, unless a dependency petition is filed and a statement that a child in temporary custody for examination pursuant to section 8‑821, subsection B, paragraph 2 must be returned within twelve hours unless abuse or neglect is diagnosed.

7.  One of the following:

(a)  If a dependency petition has not been filed or if the information prescribed in subdivision (b) is not available, a statement that if a dependency petition is filed, the parent or guardian will be provided a written notice no later than twenty‑four hours after the petition is filed that contains the information prescribed in subdivision (b).

(b)  In all other cases, the date, time and place of the preliminary protective hearing to be held pursuant to section 8‑824 and the requirements of subsection D of this section.

8.  A statement of the right of the parent or guardian to counsel and that counsel will be appointed pursuant to section 8‑221 through the juvenile court if a dependency petition is filed and the person is indigent.

9.  Information regarding the ability of the person about whom the report was made to provide a verbal, telephonic or written response to the allegations.  A verbal response shall be included in the written report of the investigation.  A written response, including any documentation, shall be included in the case file.  The response shall be provided to the removal review team if the response is made before the team considers the removal.

10.  A statement that the hearing may result in further proceedings to terminate parental rights.

11.  Information that a removal review team will be meeting to review the removal pursuant to section 8-822 and the date and time that meeting will take place.

C.  The protective services worker shall provide the parent or guardian with the notice even if the parent or guardian refuses to sign the acknowledgment.

D.  Immediately before the time of the preliminary protective hearing, the persons described in section 8‑824, subsection B shall meet and attempt to reach an agreement about placement of the child, services to be provided to the child, parent or guardian and visitation of the child.  The parties shall meet with their counsel, if any, before this meeting.  Consideration shall be given to the availability of reasonable services to the parent or guardian and the child's health and safety shall be a paramount concern.  The persons described in section 8‑824, subsection C may attend the meeting to reach an agreement.

E.  If a dependency petition is filed by the department, the child protective services worker is responsible for delivering the notice of the preliminary protective hearing prescribed in subsection B, paragraph 7 of this section to the parent or guardian.  In all other cases, the person who files the dependency petition is responsible for delivery of this notice to the parent or guardian.  If the location of the parent or guardian is unknown, the person who is responsible for serving this notice shall make reasonable efforts to locate and notify the parent or guardian.

Sec. 5.  Section 8-537, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 9, is amended to read:

8-537.  Termination adjudication hearing

A.  If a petition for terminating the parent‑child relationship is contested, the court shall hold a termination adjudication hearing.  The general public shall be excluded and only such persons admitted whose presence the judge finds to have a direct interest in the case or the work of the court shall be admitted, provided that such the person so admitted shall not disclose any information secured at the hearing.  The court may require the presence of any parties and witnesses it deems necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 8‑535, or has relinquished the parent's rights to the child shall not be required to appear at the hearing.

B.  The court's or jury's findings with respect to grounds for termination shall be based upon clear and convincing on evidence beyond a reasonable doubt under the rules applicable and adhering to the trial of civil causes.  The court or jury may consider any and all reports required by this article or ordered by the court pursuant to this article and such reports are admissible in evidence without objection.

C.  If a parent does not appear at the pretrial conference, status conference or termination adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8‑535, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear.  The court may terminate the parent‑child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

Sec. 6.  Section 8-537, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 10, is amended to read:

8-537.  Termination adjudication hearing

A. If a petition for terminating the parent‑child relationship is contested, the court shall hold a termination adjudication hearing.   The general public shall be excluded and only such persons admitted whose presence the judge finds to have a direct interest in the case or the work of the court shall be admitted, provided that such the person so admitted shall not disclose any information secured at the hearing.  The court may require the presence of any parties and witnesses it deems necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 8‑535, or has relinquished the parent's rights to the child shall not be required to appear at the hearing. 

B. The court's findings with respect to grounds for termination shall be based upon clear and convincing on evidence beyond a reasonable doubt under the rules applicable and adhering to the trial of civil causes.  The court may consider any and all reports required by this article or ordered by the court pursuant to this article and such these reports are admissible in evidence without objection.

C.  If a parent does not appear at the pretrial conference, status conference or termination adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8‑535, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear.  The court may terminate the parent‑child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

Sec. 7.  Section 8-844, Arizona Revised Statutes, is amended to read:

8-844.  Dependency adjudication hearing; settlement conference or mediation

A.  Before a contested dependency case proceeds to adjudication, the court shall hold a settlement conference or pretrial conference or shall order mediation.  All of the parties in the contested action shall participate in the conference or mediation.

B.  The court shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.

C.  If, at the dependency adjudication hearing, the court:

1.  Finds by a preponderance of the clear and convincing evidence that the allegations contained in the petition are true, the court shall:

(a)  Make the following findings as to each parent:

(i)  That the court has jurisdiction over the subject matter and the person before the court.

(ii)  The factual basis for the dependency.

(iii)  That the child is dependent.

(b)  Conduct a disposition hearing.

2.  Does not find by a preponderance of the clear and convincing evidence that the allegations contained in the petition are true, the court shall dismiss the petition.

D.  The court may adjudicate a child dependent as to one parent or guardian and proceed with a disposition, review or permanency hearing or any other hearing as to that particular parent or guardian notwithstanding another parent’s or guardian’s request to contest the allegations in the petition or that another parent or guardian has not been served.

E.  The court may hold the disposition hearing on the same date as the dependency adjudication hearing or at a later date that is not more than thirty days after the date of the dependency adjudication hearing.

F.  If a parent does not appear at the pretrial conference, settlement conference or dependency adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8‑826, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear.  The court may make a determination of dependency and disposition based on the record and evidence presented as provided in rules prescribed by the supreme court.

Sec. 8.  Title 8, chapter 10, Arizona Revised Statutes, is amended by adding article 8, to read:

ARTICLE 8.  FAMILY ADVOCACY OFFICE

8-901. Family advocacy office

A.  The family advocacy office is ESTABLISHED under the legislative council.  The legislative council shall fund the expenses of the family advocacy office from the monies appropriated to the legislative council.  The legislative council shall include the expenses of the family advocacy office as a separate line item in the general appropriations act.  The office shall:

1.  Offer staff support to the joint legislative committee on children and family services.

2.  Conduct research and collect data relating to the child protective services system.

3.  Serve as a resource to families that are affected by actions taken by child protective services.

4.  Provide other necessary services to the joint legislative committee on children and family services.

B.  The family advocacy office may accept monetary contributions and in-kind contributions in the form of expertise.

C.  The joint legislative committee on children and family services shall APPOINT an executive director of the family advocacy office who serves at the pleasure of the joint legislative committee on children and family services.  The Executive director:

1.  Is eligible to receive compensation set by the joint legislative committee on children and family services within the range determined under section 38-611.

2.  may employ and terminate employees, or contract for special services, as necessary to carry out the responsibilities of the office and the joint legislative committee on children and family services.

3.  Prepare minutes, records, reports and record all the joint legislative committee on children and family services actions.

4.  Enter into contracts pursuant to title 41, chapter 23 to procure goods and services that are necessary to carry out joint legislative committee on children and family services and office duties, policies and directions.

Sec. 9.  Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3011.11, to read:

41-3011.11. Family advocacy office; termination July 1, 2011

A.  The family advocacy office terminates on July 1, 2011.

B.  Title 8, chapter 10, article 8 is repealed on January 1, 2012.

Sec. 10.  Purpose

Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the family advocacy office to serve as a resource and advocate for families affected by actions taken by the department of economic security in relation to child protective services.

Sec. 11.  Appropriation; purpose; exemption

A.  The sum of $125,000 is appropriated from the state general fund in fiscal year 2006-2007 to the family advocacy office for the purposes of this act.

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.

Sec. 12.  Effective date

Section 8-537, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 10 and this act, is effective from and after December 31, 2006 except that, if H.B. 2559, section 4, forty‑seventh legislature, second regular session, becomes law, section 8‑537, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 10 and this act, is effective from and after December 31, 2009.

 

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