Ariz. Admin. Code § 21-4-103

Current through Register Vol. 30, No. 45, November 8, 2024

Section R21-4-103 - Methods of Investigation

A. DCS shall investigate or respond to each DCS Report by interviewing or personally observing the alleged child victim, interviewing other children and individuals, reviewing documents, and using other accepted investigative techniques, as necessary, to gather sufficient information to:

1. Determine whether the child subject of the report is currently safe or unsafe;

2. Support or refute the allegation of abuse or neglect;

3. Determine the name, age, and condition of other children in the home; and

4. Determine whether child safety services are needed.

B. DCS shall do the following to investigate each DCS report unless one or more of the circumstances listed in subsection (C) exist:

1. Contact the reporting source;

2. Review prior DCS Reports concerning the alleged child victim;

3. Review prior DCS Reports concerning the alleged perpetrator;

4. Interview or facilitate the interview of the alleged child victim or personally observe the alleged child victim;

5. Interview the alleged perpetrator;

6. Interview all other adult household members and verbal children in the home who may have relevant information;

7. Review available court orders that restrict contact with the child by a parent or other person in the home; and

8. Use additional investigative methods based on the factual circumstance of the case.

C. If during the course of an investigation one or more of the following circumstances exists, DCS is not required to take all of the investigative actions otherwise required by this section:

1. The family exercises their right not to cooperate under A.R.S. § 8-803 or is unwilling or unable to cooperate;

2. Other persons who may have relevant information are unwilling or unable to cooperate;

3. The alleged victim is currently over the age of 18 years and the alleged perpetrator has no access to the other children in the household;

4. The alleged child victim is deceased and no surviving child resides in the household;

5. The alleged perpetrator resides outside Arizona and there is no indication or information that the alleged child victim or the other children in the household are currently being abused or neglected;

6. The alleged abuse or neglect occurred more than three years ago and there is no indication or information that the alleged child victim or the other children in the household are currently being abused or neglected;

7. The alleged child victim or the child victim's family cannot be located after DCS has made diligent efforts to locate;

8. A law enforcement agency has investigated the specific allegations contained in the report and the Department has determined that the child is currently safe;

9. A law enforcement or prosecutorial agency requests that the DCS Investigator not contact the alleged perpetrator or other persons with relevant information; or

10. A federal or state law or court order prohibits or restricts DCS from fully investigating the report.

D. If during the course of an investigation the DCS Investigator gathers sufficient information to determine that the child is not a victim of abuse or neglect, the DCS Investigator may close the investigation.

E. A DCS Investigator shall collaborate with law enforcement when applicable.

F. A DCS Investigator may interview a child without the prior written consent of the parent, guardian, or custodian of the child as set forth in A.R.S. §§ 8-802 and 8-471.

G. A DCS Investigator may exclude a parent, guardian, custodian, household member, or any other individual from being present during an interview with the alleged victim, the alleged victim's siblings, or other children residing in the alleged victim's household.

H. If a DCS Investigator discovers evidence of other incidents of abuse or neglect that are not contained in the DCS Report, the DCS Investigator shall make a report to the Hotline regarding those incidents.

I. A DCS Investigator who is not assigned to OCWI may investigate a DCS Report containing criminal conduct allegations, as necessary. A DCS Investigator not assigned to OCWI will receive advanced training regarding joint investigation protocol per A.R.S. § 8-817 and forensic interview training as a prerequisite to investigating criminal conduct allegations. A DCS Investigator not assigned to OCWI should receive training consistent with A.R.S. § 8-471(D) if investigating criminal conduct allegations.

J. If an alleged child victim resides outside the Department's jurisdiction, the Department shall coordinate with the appropriate child protection agency in the jurisdiction where the child is located.

Ariz. Admin. Code § R21-4-103

New section made by exempt rulemaking at 21 A.A.R. 3252, effective 1/26/2016.