8-807.01. Incidents involving fatality or near fatality; definition

A. The department shall promptly provide DCS information to the public regarding a case of child abuse, abandonment or neglect that has resulted in a fatality or near fatality as follows:

1. The department shall provide preliminary information including at a minimum:

(a) In the case of a fatality, the name of the child who has died.

(b) The age, gender, county and general location of the residence of the child who has suffered a fatality or a near fatality.

(c) The fact that a child suffered a fatality or near fatality as the result of abuse, abandonment or neglect.

(d) 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.

(e) Whether there have been reports, or any current or past cases, of abuse, abandonment or neglect involving the child or the alleged perpetrator.

(f) Actions taken by the department in response to the fatality or near fatality of the child.

(g) 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.

2. On request by any person, the department shall promptly provide additional DCS information to the requestor in a case of child abuse, abandonment or neglect that has resulted in a fatality or a near fatality. Before releasing additional DCS information, the department shall promptly notify the county attorney of any decision to release that information, and the county attorney shall promptly inform the department if it believes the release would cause a specific, material harm to a criminal investigation or prosecution. After consulting with the county attorney, pursuant to paragraph 3 of this subsection, the department shall produce to the requestor as much additional DCS information as promptly as possible about a case of child abuse, abandonment or neglect that resulted in a fatality or near fatality.

3. On request, the department shall continue to provide DCS information promptly to the public about a fatality or near fatality unless:

(a) After consultation with the county attorney, the county attorney demonstrates that release of particular DCS information would cause a specific, material harm to a criminal investigation or prosecution.

(b) The release would violate section 8-807, subsection A or L or the privacy of victims of crime pursuant to article II, section 2.1, Constitution of Arizona.

4. If any person believes that the county attorney has failed to demonstrate that release would cause a specific, material harm to a criminal investigation or prosecution, that person may file an action in superior court pursuant to title 39, chapter 1, article 2 and section 8-807, subsection J and request the court to review the DCS information in camera to determine if disclosure should be ordered.

5. Within ninety days after the date of the DCS report for a case involving a fatality or a near fatality, the department shall provide to the public a summary report that:

(a) May include any actions taken by the department in response to the case, any changes in policies or practices that have been made to address any issues raised in the review of the case and any recommendations for further changes in policies, practices, rules or statutes to address those issues.

(b) Shall include the information prescribed in subsection B of this section if the child was residing in the child's home and in subsection C of this section if the child was placed in an out-of-home placement.

B. If the summary report prescribed in subsection A, paragraph 5 of this section involves a child who was residing in the child's home, the summary report shall contain a summary of all of the following:

1. Whether services pursuant to this chapter were being provided to the child, a member of the child's family or the person suspected of the abuse or neglect at the time of the incident and the date of the last contact before the incident between the entity providing the services and the person receiving the services.

2. Whether the child, a member of the child's family or the person suspected of the abuse or neglect was the subject of a DCS report at the time of the incident.

3. All involvement of the child's parents and of the person suspected of the abuse or neglect in a situation for which a DCS report was made or in services provided pursuant to this chapter in the five years preceding the incident involving a fatality or a near fatality.

4. Any investigation pursuant to a DCS report concerning the child, a member of the child's family or the person suspected of the abuse or neglect or services provided to the child or the child's family since the date of the incident involving a fatality or a near fatality.

C. If the summary report prescribed in subsection A, paragraph 5 of this section involves a child who was in out-of-home placement, the summary report shall include the name of any agency the licensee was licensed by, the licensing history of the out-of-home placement, including the type of license held by the operator of the placement, the period for which the placement has been licensed and a summary of all violations by the licensee and any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety and welfare of a child.

D. For the purposes of this section, " near fatality" means an act that, as certified by a physician, including the child's treating physician, places a child in serious or critical condition.