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  • Home
  • About
    • About DCS
    • Administration
      • David Lujan, DCS Director
    • Engage
    • Field Offices
    • Policy & Procedure
      • DCS Policy & Procedure
      • DCS Rules & Rulemaking
      • DCS Equal Employment Opportunity Policy
      • DCS Non-Discrimination Policy
      • DCS Limited English Proficiency Policy
    • Procurement & Contracts
    • Strategic Plan
    • Community Advisory Committee
    • Volunteer
      • Community Screening Partners
      • Get Involved
      • Community / Volunteer Interest Form
      • FACT Program
      • Giving Tree
    • Contact Us
  • Careers
    • Career Opportunities
      • Child Safety Specialist
      • Child Welfare Investigative Specialist (OCWI)
      • Search All Positions
    • We Are Compassioneers
  • News & Reports
    • News Releases
      • Quarterly Newsletter
    • DCS Reports
    • Performance Measures
      • DCS Monthly / Semi-Annual Report
    • Child Fatalities / Near Fatalities
    • Process for Release of Info
    • Settlement - Tinsley v. Faust
  • Parents
    • Parent Guide
    • Parents Rights
    • Parent Advisory Collaborative
  • Foster & Adoption
    • Foster Care
      • Start the Journey! Orientation
      • Learn More
      • Therapeutic Foster Care
      • Licensing Agencies
      • Information Events
      • Kinship Resources
      • Go-to Guide
      • Foster & Kinship FAQ's
    • Adoption
      • Adoption Stories
    • Shared Parenting
    • Children's Heart Gallery
    • Search AdoptUSKids
    • Newsletter
  • Resources
    • Frequently Asked Questions
    • Request DCS Information
    • Complaint or Disagreement
      • Ombudsman Complaint Form
    • DCS Forms
    • DCS Brochures & Flyers
  • Services
    • Mercy Care DCS Comprehensive Health Plan
      • For Members
      • For Providers
      • Health and Wellness
      • News and Updates
      • Contact Us
      • Language and Translation
    • DCS Service Array
      • Service Array Materials
    • Prevention
      • Safe Sleep
      • Arizona Families F.I.R.S.T.
      • Healthy Families Arizona
      • Regional Child Abuse Prevention Councils
      • Resources for Parents
      • Back-To-School Resources and Tips for Parents
    • Investigations and OCWI
      • Joint Investigation Protocol
    • Office of Licensing & Regulation (OLR)
    • Young Adult
      • Young Adult Program
      • Young Adult Resources
      • Extended Foster Care
      • Successful Transition to Adulthood
      • Education
    • Victims' Rights
  • Report Child Abuse
    • Child Abuse Hotline
    • Mandated Reporter Overview Training
    • Safe Haven Newborn
    • SB1114 - Child Abuse Hotline Required Posting
  • Home
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  • Frequently Asked Questions

Frequently Asked Questions

Basic Information

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 does the licensing inquiry process look like?

When OLCR/OLR makes the decision to request a licensing inquiry, the licensing agency is notified along with the GAL, DCS worker and supervisors within the agencies. This notification comes through an e-mail from OLCR/OLR. Depending on the nature of the concerns, an unannounced visit may occur. If an unannounced visit is not needed, the licensing worker simply contacts the family to arrange a visit. For the agency, the licensing inquiry process is outlined in detail by OLCR/OLR. The licensing worker will discuss the specific concerns with the family. The licensing worker may also need to interview other household members. Usually, the licensing worker will need to interview the children in the home. After all of the information is gathered, the licensing worker generates a report. The report will indicate whether or not any licensing violations were found.

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.

What might happen as a result of a licensing inquiry?

If the licensing agency determines that there were no rule violations, it will suggest no further action. However, if it is determined that licensing rules were violated, the licensing agency will recommend a Corrective Action Plan (CAP). A CAP usually requires additional training and/or monitoring of the home to ensure any licensing violations are corrected. Regardless of what the licensing agency determines, OLCR/OLR will make an independent assessment of the findings. OLCR/OLR will either accept the report and recommendations as they are written or add additional requirements at their discretion. An open licensing inquiry may delay renewal. The licensing agency will also place the family on hold for additional placements until OLCR/OLR sends a closing letter with their recommendations. If a family chooses to close their license with an open inquiry or prior to completing a CAP, OLCR/OLR will deny any re-applications and the family will not be eligible for licensure in the future (R21-6-414.I.2).

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).

The Records Coordinator will notify you when the request has been received, will provide you with periodic updates on the status of your request, and will provide the records to you once they are available.

Can families contest the findings of the inquiry?

The inquiry report is generated by the licensing agency in partnership with the family. The family is expected to cooperate with the agency by fully disclosing any requested information. Families will be provided a redacted copy of the licensing report after it is submitted to OLCR/OLR. If a family feels that they have been treated unfairly or inaccurately represented, they may contact the persons listed on the Supplemental Notice of Inspection form that would have been provided by the worker at the time of the visit. The licensing agency has the final authority regarding what is contained in the licensing inquiry report.

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.

The Records Coordinator will provide periodic updates to requestors letting them know the status of their request.

How long will the licensing inquiry take?

From the time the request is received, the licensing agency has 45 days to investigate the concerns and submit a report. After the report is submitted to OLCR/OLR, OLCR/OLR will send a written response. OLCR’s/OLR’s goal is to close licensing inquiries within 21 days of receiving the licensing agency’s report.

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.

State law requires that the prosecuting agency be given the opportunity to review DCS records that may be released in order to determine whether the release of the records would cause “specific, material harm” to the criminal investigation.

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.

Why must records be reviewed before they are released?

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.

State law requires that the prosecuting agency be given the opportunity to review DCS records that may be released in order to determine whether the release of the records would cause “specific material harm” to the criminal investigation.

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 if I disagree with the determination that records cannot be released?

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 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.

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