Ariz. Admin. Code § 21-3-202

Current through Register Vol. 31, No. 2, January 10, 2025

Section R21-3-202 - Preliminary Screening

The following allegations standing alone do not meet the criteria for a DCS Report unless the communication also includes an allegation of child abuse or neglect as defined in A.R.S. § 8-201 and otherwise meets the criteria as set forth in A.R.S. § 8-455:

1. The child is absent from school;

2. The child is age eight years or older and has allegedly committed a delinquent act;

3. The sibling of a child eight years or older has allegedly committed a delinquent act;

4. The sibling or other child living in the home who is age eight years or older allegedly committed a delinquent act against the alleged child victim;

5. The child's parents are absent from the home or are unable to care for the child but made appropriate arrangements for the child's care;

6. The child is receiving treatment from an accredited Christian Science practitioner, or other religious or spiritual healer, but the child's health is not:

a. In imminent risk of harm; or

b. Endangered by the lack of medical care;

7. The child has minor hygienic problems;

8. The child is the subject of a custody or visitation dispute;

9. The spiritual neglect of a child or the religious practices or beliefs to which a child is exposed;

10. The child's parent, guardian, or custodian questions the use of or refuses to put the child on psychiatric medication but the child's health is not:

a. In imminent risk of harm; or

b. Endangered by the refusal to put the child on the recommended psychiatric medicine; or

11. The child is a safe haven newborn infant. A child is considered a safe haven newborn infant if the parent or agent of the parent voluntarily delivered the newborn to a safe haven provider per A.R.S. §§ 8-528 and 13-3623.01; and following a physical examination of the child at a hospital the child is determined to be unharmed, and 30 days of age or younger. The child shall not qualify as a safe haven newborn infant if:

a. The physical examination results in suspicion of abuse or neglect that meets criteria as a DCS Report; or

b. The child is believed to be an alleged victim in an open DCS Report.

12. The child is in the custody of the federal government, and the alleged abuse or neglect occurred in a foreign country;

13. The suspected perpetrator is deceased and there is no indication that the perpetrator's death occurred during an act of abuse or neglect against the child; or

14. The suspected perpetrator's parental rights are terminated as to the alleged child victim.

Ariz. Admin. Code § R21-3-202

New section made by exempt rulemaking at 21 A.A.R. 3247, effective 1/26/2016. Amended by final rulemaking at 29 A.A.R. 1697, effective 9/10/2023.