Child Abuse Laws in Arizona FAQs

What type of conduct constitutes child abuse in Arizona?

Child abuse can take many forms but generally refers to intentional conduct directed at a child that causes physical, psychological, and/or emotional harm to a child. Some of the more obvious forms of child abuse include sexual contact with a minor and/or physical abuse that results in physical injury to a child, such as bruising and sprained or broken bones.

What is child neglect?

In most states, neglect is defined to include the neglectful mistreatment of a child and includes the failure of a parent or guardian to provide sufficient amounts of food, medical care, clothing, and shelter to a child.

Am I required to make a report if I believe a child has been abused or is being neglected?

Arizona child abuse laws require certain people to report concerns regarding abuse or neglect to a police officer or Child Protective Service worker. These people are referred to as mandatory reporters and include parents, doctors, counselors, priests, police officers, teachers, and any other person responsible for the care of the child pursuant to A.R.S. § 13-3620. The failure of a mandatory reporter to make a report concerning suspected abuse or neglect of a child may result in the filing of serious misdemeanor and/or felony criminal charges against that person; particularly if the child is subsequently injured as a result of a mandatory reporter’s failure to report the suspected abuse.

What if I am unsure if a child has been abused or neglected?

You do not need to have absolute proof a child has been abused or neglected to trigger a mandatory reporter’s obligation to report that suspected abuse or neglect. All that is required to trigger a mandatory reporter’s legal obligation to report is a reasonable suspicion a child has been abused or neglected.

Where do I report a concern of abuse or neglect of a child?

Arizona statutes require reports of suspected abuse or neglect to be made to any Arizona law enforcement officer or Child Protective Services worker. It is not enough to simply take the child suspected of being abused or neglected to a counselor or other mental health professional; although that professional will then, in turn, now become an additional mandatory reporter who will then also be obligated to report the suspected abuse or neglect.

When am I required to report suspected abuse or neglect?

All mandatory reporters are required to immediately report suspected abuse or neglect of a child immediately upon forming a reasonable suspicion the child is being abused or neglected. It is not your position to make a determination of whether a child has been abused or neglected. If you have a reasonable suspicion abuse or neglect has occurred and are a mandatory reporter, you must immediately report that suspected abuse or neglect. The ultimate determination of whether the child has actually been abused or neglected is then left up to the police, Child Protective Service workers, and, ultimately, the courts to decide.

What information am I required to provide when I make the report?

You should be prepared to provide the name and address of the child, his or her parents or legal guardian, a description of the facts leading you to form a reasonable suspicion the child has been abused or neglected, and your name and contact information. Regardless of how much information you are able to initially obtain, you should never delay making the report.

Can I be sued by making a report?

Arizona law prohibits the Arizona Department of Economic Security from disclosing the identity of a reporting person. The law also provides qualified immunity from a lawsuit as a result of a person reporting suspected abuse or neglect. Although anyone can initially file a lawsuit against anyone else for practically any reason, we are all responsible for protecting the children in our communities and should not, therefore, hesitate to report our reasonable suspicions.

Can I be compelled to testify in court?

Yes, you may be called upon to testify in Court. A witness who testifies in an Arizona court, however, is entitled to qualified immunity from a lawsuit as a result of that testimony. Again, although anyone can be sued by anyone else for any reason, we are all responsible for protecting the children in our communities and should not, therefore, hesitate to report our reasonable suspicions.

What will happen to the child if he or she is found to have been abused or neglected?

If the child was abused or neglected by only one of his or her parents, the child will almost always be placed in the care of the other parent, unless that other parent knowingly allowed the abuse or neglect to occur. If neither parent is deemed to be fit to care for the child, the child will be placed in the home of any other appropriate extended family member or friend willing to care for the child. The last option is to place the child in a foster care home. Regardless of the initial placement of the child, the goal of Child Protective Services is to provide treatment to the family to prevent the abuse or neglect from continuing and to eventually secure the return of the child to the family. If the child cannot be safely returned to the family, the parental rights of the child’s parents could be terminated and the child could be placed for adoption.

Contact us today or call us at 480-305-8300 to schedule your consultation with AZ divorce attorney Christopher S. Hildebrand regarding child abuse laws in Arizona or any other Arizona family law matter.