Review and Expunction of Central Registries and Reporting Records - Arizona
Right of the Reported Person to Review and Challenge Records
Citation: Rev. Stat. § 8-811
The Department of Child Safety shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry and of that person's right:
- To receive a copy of the report containing the allegation
- To a hearing before the entry into the central registry
The department shall provide the notice by first-class mail or by personal service no more than 14 days after completion of the investigation. A request for a hearing on the proposed finding must be received by the department within 20 days after the mailing or personal service of the notice by the department.
If a request for a hearing is made, the department shall conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide information to support the position that the department should not substantiate the allegation. If the department determines that there is no probable cause that the accused person engaged in the alleged conduct, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.
The notification also shall state that if the department does not amend the information or finding in the report within 60 days after it receives the request for a hearing the person has a right to a hearing, unless:
- The person is a party in a pending civil, criminal, administrative, or juvenile proceeding in which the allegations of abuse or neglect are at issue.
- A court or administrative law judge has made findings as to the alleged abuse or neglect.
- A court has found that a child is dependent or has terminated a parent's rights based on an allegation of abuse or neglect.
If the court or administrative law judge in a proceeding has made a finding of abuse or neglect, the finding shall be entered into the central registry as a substantiated report.
If the department does not amend the information or finding in the report, the department shall notify the Office of Administrative Hearings of the request for a hearing no later than 5 days after completion of the review. The department shall forward all records, reports, and other relevant information with the request for a hearing within 10 days. The office shall hold a hearing, with the following stipulations:
- A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.
- A child's hearsay statement is admissible if the time, content, and circumstances of that statement are sufficiently indicative of its reliability.
- The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.
- The reporting source is not required to testify.
- A written statement from the reporting source may be admitted if the time, content, and circumstances of that statement are sufficiently indicative of its reliability.
On completion of the presentation of evidence, the administrative law judge shall determine if probable cause exists to sustain the department's finding that the parent abused or neglected the child. If the administrative law judge determines that probable cause exists to sustain the department's finding of abuse or neglect, the sustained finding shall be entered into the central registry as a substantiated report. If the administrative law judge determines that probable cause does not exist to sustain the department's finding, the administrative law judge shall order the department to amend the information or finding in the report.
When Records Must Be Expunged
Citation: Rev. Stat. § 8-804
If the Department of Child Safety received a report before September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry until 18 years from the child victim's date of birth.
If the department received a report on or after September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry for 25 years after the date of the report.
The department shall annually purge reports and investigative outcomes received pursuant to the timeframes prescribed above.
Any person who was the subject of a department investigation may request confirmation that the department has purged information about the person from the central registry. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.