1. A. The Department shall release DCS Information without charging the fee required by R21-1-110 when a person or entity entitled to receive DCS Information requires information to:

   1. 1. Meet its duties to provide for the safety, permanency, and well-being of a child;
   2. 2. Provide services to the child, parent, guardian, custodian, or family members to strengthen the family;
   3. 3. Enforce or prosecute a violation of child abuse or neglect laws;
   4. 4. To help investigate and prosecute any violation involving domestic violence as defined in A.R.S. § 13-3601, or violent sexual assaults as defined in A.R.S. § 13-1423;
   5. 5. Provide DCS Information to a defendant as required by an order of the criminal court; or

   6. 6. Provide DCS Information to:

      1. a. A juvenile, domestic relations, family or conciliation court;
      2. b. The parties or their attorneys in a dependency, guardianship, or termination of parental rights proceeding;
      3. c. The FCRB;
      4. d. A CASA; or
      5. e. A person that provides oversight of DCS.
2. B. Before releasing DCS Information under this Section, the Department shall determine that the person requesting DCS Information is a person entitled to receive DCS Information under this Section and A.R.S. § 8-807.

3. C. Within 30 workdays of the receipt date, the Department shall provide the requester with one of the following written responses:

   1. 1. The requested DCS Information;
   2. 2. A statement that the requested DCS Information does not exist;
   3. 3. A statement that the Department cannot provide the requested DCS Information within 30 workdays, the reason for the delay, and the anticipated time-frame for response; or
   4. 4. A statement that the Department cannot release the requested DCS Information, with the statutory citation and the reason for the denial.

Historical Note

New Section made by final exempt rulemaking at 21 A.A.R. 2554, effective November 30, 2015 (Supp. 15-4).