Process for Release of Information

As outlined in state law (see § A.R.S. 8-807 F(2)), the process for releasing DCS information in cases where a child dies or nearly dies of abuse or neglect is as follows:

  1. The death or near death of a child is reported to DCS and the death or near death of the child is determined to have been caused by abuse or neglect (maltreatment).

  2. DCS posts preliminary information on this website. By state law, the preliminary information provided includes:

  • The name, age and city, town or general location of residence of the child who has suffered the fatality or near fatality;

  • The fact that a child suffered a near fatality or fatality as the result of abuse, abandonment or neglect;

  • The name, age and city, town or general location of residence of the alleged perpetrator, if available;

  • Whether there have been reports, or any current or past cases, of child abuse, abandonment or neglect involving the child and the current alleged abusive or neglectful parent, guardian or custodian; and,

  • Actions taken by DCS in response to the fatality or near fatality of the child.

  1. Upon request, DCS gathers DCS case records related to the child and the alleged perpetrator for release.

  2. DCS provides a copy of the case records to be released with the agency that is or will be handling the criminal prosecution of the case.

  3. The prosecuting agency notifies DCS whether it can demonstrate that the release of the records would cause “specific material harm” to the criminal investigation against the alleged perpetrator.

    • If the prosecuting agency notifies DCS that the release of the records would not cause “specific material harm” to the criminal investigation, the DCS records are released to all requestors.

    • If the prosecuting agency notifies DCS that it can demonstrate that the release of the records would cause specific material harm to the criminal investigation, then DCS cannot, by law, release the records.

  1. If any person believes that a prosecuting agency has failed to demonstrate that the release of DCS records would cause a specific material harm to the criminal investigation, that person may file an action in Superior Court and ask the court to review the DCS records and tell the Department which records can be released.