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  • Frequently Asked Questions

Frequently Asked Questions

Child Abuse and Neglect

What happens when abuse/neglect is reported?

While you are reporting abuse or neglect, you will be speaking directly with a skilled social work professional. You will be asked for information about the child, the nature of your concerns, the present location of the child, and about the family with whom the child lives. When Department of Child Safety (DCS) receives an abuse or neglect report that meets the criteria for response, a local DCS specialist is assigned to interview the child's siblings, other children in the home and others who may have information about the child’s safety including family, parents, neighbors, teachers, doctors and friends. After all information is gathered, the DCS specialist and a supervisor review the available facts and the next steps to take. A determination of services will be made to reduce the present risk to the child. If a report is warranted it is then assigned to a DCS Field Specialist who then will investigate the report through interviews with all children in the home, parents, friends, relatives, and any other person who may have information about the child and family. After investigation, if DCS has reason to believe that a parent guardian or custodian abused or neglected a child and intends to confirm this, a letter will be sent to the person accused explaining how an appeal of this decision may be requested and how to get a copy of the DCS report.

The investigation outcome.

Following investigation, the DCS team determines if the report should be substantiated or unsubstantiated. When a report is substantiated it means that the information gathered supports a finding of child abuse or neglect. CPS may provide services to the family or refer them to services in the local community. When a report is unsubstantiated it means that the information gathered does not support a finding of child abuse or neglect. DCS may end its involvement with the family unless the family requests additional help. A confidential record of all DCS reports and outcomes is maintained in a computer database.

What should I expect after I have submitted a non-emergency child abuse or neglect concern?

  •     The Arizona Child Abuse Hotline will review your concern within 72 hours of submission.
  •     If the information you provided meets DCS report criteria based on ARS 8-802, a DCS report will be generated for assignment.
  •     If the Child Abuse Hotline needs additional information to make a report decision, a Hotline Specialist will contact you to ask for more details about your concern.
  •     If you have included your email address as part of your registration process, you will receive an email after your concern has been reviewed. You will be advised of the outcome of the concern you submitted. If a DCS report was generated, you will be provided with the contact information for the assigned DCS Unit responsible for responding to your concern.

What is child abuse and neglect?

When a parent, guardian or custodian inflicts or allows the infliction of physical, sexual or emotional abuse, neglect, exploitation or abandonment.

Who Must Report Child Abuse?

Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature, or who reasonably believes that there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under A.R.S. § 36-2281, shall immediately report or cause reports to be made of this information to a peace officer or to Department of Child Safety, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only.

How does DCS determine if a child has died as a result of abuse or neglect?

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 information will DCS release when a child dies as a result of abuse or neglect?

State law (see § A.R.S. 8-807 F(2)(a) i-v)) requires that the following preliminary information be released about a case of abuse or neglect that results in a child fatality or near fatality:

  1. The name, age and city, town or general location of residence of the child who has suffered the fatality or near fatality;
  2. The fact that a child suffered a near fatality or fatality as the result of abuse, abandonment or neglect;
  3. The name, age and city, town or general location of residence of the alleged perpetrator, if available;
  4. 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,
  5. Actions taken by DCS in response to the fatality or near fatality of the child.

The preliminary information will be posted here.

How and when will this information be released?

The preliminary information will be released within one business day of DCS learning that a child’s death or near death is a result of maltreatment. The information will be posted here.

What happens when a child is harmed and there is no evidence of abuse or neglect?

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 do you request additional DCS records when a child has died as a result of abuse or neglect?

Any individual may request DCS records on a case where a child has died or nearly died as a result of abuse or neglect. You can request records here.

How can I find out if DCS is involved with the child in my care?

Please contact the Child Abuse Hotline at 1-888-767-2445 or call your local DCS office; visit dcs.az.gov/about/offices for a list of field offices.

What are the signs or indicators of child abuse and neglect?

You can learn about the signs of abuse or neglect here.

What should I do if I suspect a child is or has been abused or neglected?

If you have reasonable suspicions that a child has been abused or neglected, call DCS's Hotline at 1-888-SOS-CHILD or 1-888-767-2445.

Categories of Abuse and Neglect

The type of abuse occurring and the level of risk to the child determine how Department of Child Safety (DCS) responds to a report. Reports of abuse and neglect are categorized as high risk, low, moderate risk and potential risk. A DCS report is defined based on ARS §8-802 as being an incoming communication to 1-888-SOS-CHILD (1-888-767-2445) containing an allegation that:

a person presently under the age of 18 is the subject of physical, sexual or emotional abuse, neglect, abandonment or exploitation which a parent, guardian or custodian has inflicted, may inflict, permitted another person to inflict or had reason to know another person may inflict AND contains sufficient information to locate the child.

The following are the major categories of abuse and neglect to which DCS responds:

Abuse

Physical Abuse

  • Physical abuse includes the infliction or allowing the infliction of a physical injury to a child.
  • Physical injury is the impairment of a physical condition and includes:
  • skin bruising including bruising to the corners of the mouth which may indicated that the child was gagged,
  • pressure sores,
  • bleeding,
  • failure to thrive or pediatric undernourishment (requires medical diagnosis),
  • malnutrition (requires medical diagnosis),
  • dehydration (requires medical diagnosis),
  • burns, which may include water burns, rope burns, rug burns and other abrasions,
  • subdural hematoma (requires medical diagnosis),
  • soft tissue swelling, which may include bald patches where hair has been pulled out, bite demarcation, and welts such as from cords or other objects,
  • injury to any internal organ (requires medical diagnosis), or
  • any physical condition which imperils a child’s health or welfare.

Physical abuse also includes inflicting or allowing the impairment of bodily function or disfigurement.

Sexual Abuse

National Center for Child Abuse and Child Neglect (NCCAN) defined sexual abuse as the involvement of dependent, developmentally immature children and adolescents in sexual activities that they do not fully comprehend, to which they are unable to give informed consent, or that violate the social taboos of family roles. (The Battered Child, 3rd Ed., Kempe, C. Henry and Helfer, Ray E.) Sexual Abuse is any act designed to stimulate a child sexually, or to use a child for the sexual stimulation either of the perpetrator or of another person. (NCCAN). Sexual Misuse is defined as exposure of a child to sexual stimulation inappropriate for the child's age and role in the family.

Sexual offenses Against Children

Arizona Revised Statutes: Definitions - The following forms of sexual abuse and misuse are included in the ARS definition of child abuse (ARS §8-201(2)):

Sexual Abuse - ARS §13-1404 - " A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast."

Sexual Conduct with a Minor - ARS §13-1405 - "A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age."

Sexual Assault - ARS §13-1406 - "A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person."

Molestation of a Child - ARS §13-1410 - "A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child under fifteen years of age."

Additional Sexual offenses include:

Commercial Sexual Exploitation of a Minor - ARS §13-3552 - "A person commits commercial sexual exploitation of a minor by knowingly:

Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual or print medium or live act depicting such conduct;

Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain;

Permitting a minor under such person’s custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual or print media or live act depicting such conduct;

Transporting or financing the transportation of any minor through or across the state with the intent that such minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual or print medium or live act depicting such conduct."

Sexual Exploitation of a Minor - ARS §13-3553 - "A person commits sexual exploitation of a minor by knowingly:

Recording, filming, photographing, developing or duplicating any visual or print medium in which minors are engaged in exploitive exhibition or other sexual conduct;

Distributing, transporting, exhibiting, receiving, selling, purchasing, possessing or exchanging any visual or print medium in which minors are engaged in exploitive exhibition or other sexual conduct."

Incest - ARS §13-3608 - "Persons who are fifteen or more years of age and are within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who knowingly intermarry with each other, or who knowingly commit fornication or adultery with each other.

Child Prostitution - ARS §13-3212 - " A person commits child prostitution by knowingly:

Causing any minor to engage in prostitution;

Using any minor for purposes of prostitution;

Permitting a minor under such persons custody or control to engage in prostitution;

Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution;

Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor;

Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor; Transporting or financing the transportation of any minor through or across this state with the intent that such minor engage in prostitution."

Emotional Abuse

Emotional abuse is evidenced by severe anxiety, depression, withdrawal, or improper aggressive behavior as diagnosed by a medical doctor or psychologist and caused by the acts or omissions of the parent or caretaker (ARS §8-201).

Emotional maltreatment includes blaming, belittling or rejecting a child, constantly treating siblings unequally, and persistent lack of concern by the caretaker for the child's welfare. Emotional maltreatment is rarely manifest in physical signs, particularly in the normal school setting; speech disorders, lags in physical development, and failure to thrive syndrome are physical indicators of emotional maltreatment. More often it is observed through behavioral indicators, and even these indicators may not be immediately apparent.

Neglect

Neglect as defined in A.R.S. § 8-201 (22) means:

  1. The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes unreasonable risk of harm to the child's health or welfare, except if the inability of a parent or guardian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services.
  2. Permitting a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purposes of manufacturing a dangerous drug as defined in section 13-3401.
  3. Prenatal Substance Exposure to Newborn Infant (under 30 days of age) or Infant (from birth up to one year of age)
    1. Newborn Infant (under 30 days of age) - Determination by a health professional that a newborn infant - (under 30 days of age) was exposed prenatally to a drug or substance listed in section 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional
    2. Infant (from birth up to one year of age) - A substance exposed infant, from birth up to one year of age, who is demonstrably adversely affected by the mother's use of a dangerous drug, a narcotic drug or alcohol during pregnancy. A dangerous drug or narcotic drug has the same meaning as defined in ARS § 13-3401.
  4. Diagnosis by a health professional of an infant under one year of age with clinical findings consistent with) fetal alcohol syndrome (FAS) or fetal alcohol effects (FAE).
  5. Deliberate exposure of a child by a parent, guardian or custodian to:
    1. Sexual Conduct, as defined in section 13-3551, means actual or simulated:
      1. sexual intercourse including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same sex or opposite sex;
      2. penetration of the vagina or rectum by any object except as one does as part of a recognized medical procedure;
      3. sexual bestiality;
      4. masturbation for the purpose of the sexual stimulation of the viewer;
      5. sadomasochistic abuse for the purpose of sexual stimulation of the viewer; or
      6. defecation or urination for the purpose of sexual stimulation of the viewer.
    2. Sexual Contact, as defined in 13-1401, means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such conduct.
    3. Oral Sexual Contact, as defined in § 13-1401, means oral contact with the penis, vulva or anus.
    4. Sexual Intercourse, as defined in § 13-1401, means penetration into the penis, vulva, or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.
    5. Bestiality, as defined in section 13-1411, means engaging in or causing another person to engage in oral sexual contact, sexual contact or sexual intercourse with an animal.
    6. Explicit Sexual Materials, as defined in section 13-3507, means any drawing, photograph, film negative, motion picture, figure, object, novelty device, recording, transcription or any book, leaflet, pamphlet, magazine, booklet or other item, the cover or contents of which depicts human genitalia or depicts or verbally describes nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse in a way which is harmful to minors.
  6. Any of the following acts committed by the child’s parent, guardian or custodian with reckless disregard as to whether the child is physically present:
    1. Sexual Contact as defined in section 13-1401
    2. Oral Sexual Contact as defined in section 13-1401
    3. Sexual Intercourse as defined in section 13-1401
    4. Bestiality as prescribed in section 13-1411

Abandonment

Is defined in ARS §8-201(1) as "the failure of the parent to provide reasonable support and to maintain regular contact with the child, including the providing of normal supervision, when such failure is accompanied by an intention on the part of the parent to permit such condition to continue for an indefinite period in the future. Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months shall constitute prima facie evidence of abandonment."

Confinement

Means the restriction of movement or confining a child to an enclosed area and/or using a threat of harm or intimidation to force a child to remain in a location or position.

Confinement is unreasonable if, taking into account the totality of the circumstances, the confinement is such that a reasonable (ordinarily cautious) parent, guardian or custodian would not use that method of confinement. The totality of the circumstances includes consideration of the child’s age, developmental and cognitive functioning and any special needs such as mental illness, behavioral health, physical limitations, and length of confinement.

Non-Sexual Exploitation

is defined for DCS purposes to mean "the use of a child by a parent, guardian or custodian for material gain which may include forcing the child to panhandle, steal or perform other illegal activities."

 

 

 

Education

What school should I enroll the child in care into?

Federal law requires schools and child welfare agencies such as DCS to help children in foster care remain in the school they attended prior to coming into care. 

Your school district liaison will work with the DCS specialist to determine school selection, enrolling the child, and a transportation plan.

You can find contact information for your school district's liaison here: https://www.azed.gov/fostercare/foster-care-liaisons. 

If it is decided that the child will not remain in their school of origin, you can enroll the child in any local public or charter school. You can also discuss with your DCS specialist if it is appropriate to enroll the child in an online school, private school or alternative school if those options meet the child’s educational needs.

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