1. 1. “Abuse” means the same as A.R.S. § 8-201(2).
2. 2. “Administrative law judge’s decision” means the same as defined under A.R.S. § 41-1092.
3. 3. “Amend the finding” means the same as defined under A.R.S. § 8-811.
4. 4. “Case record” means the Report of child abuse and neglect and related records the Department intends to submit at the hearing, including information from internal and external sources.
5. 5. “Central Registry” means the information maintained by the Department of substantiated reports of child abuse or neglect for the purposes of A.R.S. § 8-804.
6. 6. “Completed Investigation” means the case record and the proposed substantiated finding for the report of child abuse or neglect have been reviewed and approved by a supervisor and contains information to support a finding of proposed substantiation.
7. 7. “Dangerous drug” means the same as defined under A.R.S. § 13-3401.
8. 8. “Day” means a calendar day.
9. 9. “Department” or “DCS” means the Arizona Department of Child Safety.
10. 10. “Ineligibility Letter” means a notice sent from the Department via first class mail to a person alleged to have committed child abuse or neglect stating that the person is not entitled to an administrative hearing on the issue for one of the reasons listed in R21-1-505.
11. 11. “Initial Notification Letter” means a notice sent from the Department via first class mail to an alleged perpetrator informing the person of the proposed substantiated finding of child abuse or neglect to be entered into the Central Registry and describing appeal rights to challenge the proposed finding.

12. 12. “Legally excluded” means that an alleged perpetrator is not entitled to an administrative hearing under A.R.S. § 8-811, because:

    1. a. The person is a party in a pending civil, criminal or administrative proceeding in which the allegations of abuse or neglect are at issue;
    2. b. The person is a party in a pending juvenile proceeding in which the allegations of abuse or neglect are at issue;
    3. c. A court or administrative law judge has made findings as to the alleged abuse or neglect; or
    4. d. A court has found that a child is dependent or has terminated a parent’s rights based on an allegation of abuse or neglect.
13. 13. “Medical Child Abuse” is a term used to describe when a child receives unnecessary and harmful, or potentially harmful, medical care at the instigation of a caregiver.
14. 14. “Neglect” or “neglected” means the same as defined under A.R.S. § 8-201.
15. 15. “Perpetrator” means a person who has committed child abuse or neglect under the standards required for listing in the Central Registry.
16. 16. “Preponderance of the Evidence” means more probable than not an incident of abuse or neglect occurred.
17. 17. “Proposed Substantiated Finding” means the Department has investigated and found that the preponderance of the evidence supports an allegation of abuse or neglect sufficient to place the alleged perpetrator’s name into the Central Registry, subject to the alleged perpetrator’s right to notice and a hearing.
18. 18. “PSRT” means the Department’s Protective Services Review Team, that administers the process described in A.R.S. § 8-811 for review and appeal of proposed substantiated findings of child abuse or neglect.
19. 19. “Report for Investigation” means the same as DCS Report as defined under A.R.S. § 8-201.
20. 20. “Serious physical injury” means the same as defined under A.R.S. § 8-201.

21. 21. “Substantiated Finding means a proposed substantiated finding that:

    1. a. An administrative law judge found to be true by a preponderance of the evidence standard of proof after notice and an administrative hearing and the Director accepted the administrative law judge’s recommended decision;
    2. b. The Director upon independent review of the evidence presented at the administrative hearing has found to be true by a preponderance of the evidence standard of proof and either rejected or modified the administrative law judge’s recommended decision under R21-1-507 in which case the Director’s decision is the final administrative decision;
    3. c. The alleged perpetrator did not make a timely request for an administrative hearing;
    4. d. The alleged perpetrator requested a hearing and failed to appear;
    5. e. The alleged perpetrator agreed to settlement language and the hearing was vacated;
    6. f. The alleged perpetrator was not entitled to an administrative hearing because the alleged perpetrator was legally excluded as defined under subsection (10); or
    7. g. The alleged perpetrator failed to respond after receiving notice of the Initial Notification Letter as required under A.R.S. § 8-811.

The following definitions apply to this Article.

Historical Note

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

Amended by final rulemaking at 31 A.A.R. 4735 (December 26, 2025), with an immediate effective date of December 3, 2025 (Supp. 25-4).