State law mandates the Arizona Department of Child Safety to release preliminary information and, upon request, additional records in cases where children have died or nearly died as a result of abuse, abandonment or neglect by a parent, guardian or caregiver.
If DCS receives a report that a child has died or nearly died as a result of abuse, abandonment or neglect, the preliminary information will be posted on this page.
While DCS strives to provide timely information regarding child deaths and near deaths, state law prohibits the department from releasing information until it is determined that a child died, or nearly died, because of abuse, abandonment or neglect by a parent, guardian or caregiver.
DCS may only post on a death or near death if it has been determined that it was caused by abuse, abandonment or neglect if: 1) the perpetrator is arrested related to the incident; 2) a superior court finds a child dependent based on the allegations of abuse or neglect leading to the death or near death; or 3) DCS, through its own internal review and administrative appeal process, substantiates findings linking the allegations of abuse or neglect to the death or near death. Further, if the posting is on a near death, a medical professional must determine that the child was in serious or critical condition.
If a posting is warranted, state law requires the following preliminary information be included:
The name, age and city, town or general location of residence of the child who has suffered a death or near death;
The fact that a child suffered a near death or death 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 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 death or near death of the child.
For more information on how to request DCS records, click here .
For more information on the process for DCS to release information, click here .
Honoring Child Fatality and Near Fatality Victims
Below you will see ribbons next to each child victim’s name that will indicate the manner of preventable, life-threatening injury or death, based on available information. The ribbons will bring awareness to the community, and will help honor these children. As a community, we must commit ourselves to actively engage families and work toward reducing or eliminating these preventable, yet tragic, outcomes.
Information Requests Regarding Death/Near Death Cases
How does the Department know that a child has died or nearly died as a result of abuse or neglect (i.e. maltreatment)?
All allegations received by DCS, including allegations that a child has died or nearly died as a result of abuse or neglect, are called into the statewide DCS Hotline.*
State law allows DCS to release case records, but that part of the law is limited to cases of abuse, abandonment or neglect resulting in a fatality or a near fatality. Therefore, there must be medical proof or other evidence that the fatality or near fatality was caused by abuse or neglect.
Among the information DCS considers when determining that a child’s death was the result of abuse or neglect are:
A statement from a physician or an autopsy finding that the child’s death was the result of abuse or neglect;
A statement from a parent, guardian or caregiver that they caused the child’s death or near death;
The arrest or criminal indictment of a parent, guardian or caregiver in connection with the child’s death;
or, A DCS investigation has resulted in a substantiated finding that abuse or neglect by a parent, guardian or caregiver caused the child's death or near death.
Additionally, in the case of a near fatality, a physician must certify that the child was in serious or critical condition due to the abuse or neglect.
* Not all maltreatment fatalities or near fatalities are reported to the statewide DCS Hotline. For example, law enforcement may not report a child death from maltreatment to DCS if there are no children in the home for whom there are safety concerns or risks. In addition, incidents that occur outside of DCS’ jurisdiction – for example, on tribal reservations or military installations – may not be reported to DCS.
What preliminary information will the Department release about all cases where a child has died or nearly died as a result of abuse or neglect?
State law (see § A.R.S. 8-807.01 A(1) a-g ) requires that the following preliminary information be released about a case of abuse or neglect that results in a child fatality or near fatality:
In the case of a fatality, the name of the child who has died.
The age, gender, county and general location of the residence of the child who has suffered a fatality or a near fatality.
The fact that a child suffered a fatality or near fatality as the result of abuse, abandonment or neglect.
The name, age and city, town or general location of the residence of the alleged perpetrator, if available, unless the disclosure would violate the privacy of victims of crime pursuant to article II, section 2.1, Constitution of Arizona.
Whether there have been reports, or any current or past cases, of abuse, abandonment or neglect involving the child or the alleged perpetrator.
Actions taken by the department in response to the fatality or near fatality of the child.
A detailed synopsis of prior reports or cases of abuse, abandonment or neglect involving the child or the alleged perpetrator and of the actions taken or determinations made by the department in response to these reports or cases.
The preliminary information will be posted on this website .
When will the preliminary information be released and how will the public know the preliminary information has been released?
The preliminary information will be released within 5 days of confirmation (Chapter 7 - Section 2 ) of DCS learning that a child’s death or near death is a result of maltreatment.
The information will be posted to this website .
What happens in cases where a child dies or nearly dies, but there is no medical proof or other evidence that the incident was a result of abuse or neglect (i.e., maltreatment)?
The law allows DCS to release records only in cases of abuse, abandonment or neglect resulting in a fatality or a near fatality. There must be medical proof or other evidence that the fatality or near fatality was caused by abuse or neglect.
Among the information DCS considers when determining that a child’s death was the result of abuse or neglect are:
A statement from a physician or an autopsy finding that the child’s death was the result of abuse or neglect;
A statement from a parent, guardian or caregiver that they caused the child’s death or near death;
the arrest or criminal indictment of a parent, guardian or caregiver in connection to the child’s death;
or, A DCS investigation has resulted in a substantiated finding that abuse or neglect by a parent, guardian or caregiver caused the child's death or near-death.
In addition, in the case of a near fatality, a physician must certify that the child was in serious or critical condition due to the abuse or neglect.
If there is insufficient information available to believe that the fatality or near fatality was caused by maltreatment, the Department, by federal and state law, cannot release records in the case.
How does someone request DCS records on a case where a child has died or nearly died as a result of abuse or neglect– beyond the preliminary information that is released?
Any individual may request DCS records on a case where a child has died or nearly died as a result of abuse or neglect (maltreatment) by contacting the Records Coordinator . Requests may be emailed, faxed or mailed as indicated on the contact us page .
The more information you provide with your request, the faster the Department will be able to respond to your request. Please provide as much information as possible, including full names and dates of birth for the child, the parents and the alleged perpetrator (if a caregiver other than a parent).
How soon will the DCS records be released?
The Department is committed to providing the records as quickly as possible. Individual cases will vary, depending on the case circumstances. State law requires that the Department coordinate with the appropriate prosecuting agency before records on specific cases can be released. It also requires that the Department take appropriate steps to protect the privacy of crime victims, sources of DCS reports, and innocent parties in a case (such as siblings, grandparents, etc.) before the DCS records can be released.Records Coordinator will provide periodic updates to requestors letting them know the status of their request.
Why do the records get reviewed by the prosecuting agency before they can be released to the public?
Law enforcement agencies statewide are critical partners in protecting children; they ensure that perpetrators of child abuse or neglect are held accountable for the harm they cause to children.
What if someone disagrees with a prosecuting agency that says the release of DCS records would cause specific material harm to their investigation/criminal prosecution?
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.
What information is included in the DCS records the Department may release?
The DCS case file typically includes: DCS investigation case notes, including safety and risk assessments regarding the child and correspondence with the family; court documents filed regarding the child, including the family’s case plan and progress reports filed with the court by DCS; and, reports about the child received by treatment and service providers working with the family.
Is there any information that cannot be released?
Information protected by state or federal law cannot be released. This may include: information regarding the source of a DCS report, information related to the privacy and dignity of crime victims (Arizona Constitution), criminal history information obtained from the Department of Public Safety, medical records protected under the federal Health Insurance Portability and Accountability Act, and educational records protected under the federal Family Educational Rights and Privacy Act.
What happens if someone wants additional records about a case/family where a child has died or nearly died as a result of abuse or neglect beyond what the Department can provide?
State law (see A.R.S. 8-807 K ) allows an individual to petition the Superior Court to request that the Court review the records and tell the Department which records can be released.
Requests may be emailed, faxed or mailed as indicated on the contact us page .
The more information you provide with your request, the faster the Department will be able to respond to your request. Please provide as much information as possible, including full names and dates of birth for the child, the parents and the alleged perpetrator (if a caregiver other than a parent).
The Records Coordinator will notify you when the request has been received, will provide you with periodic updates on the status of the request, and will provide the records to you once they are available.
Is there a cost for obtaining the DCS records on a case?
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