1. A. PSRT shall maintain the person’s name and the substantiated finding in the Central Registry for a designated length of time of 0, 5, 15 or 25 years based on the severity and type of abuse or neglect and the potential risk the person may pose if the person were in a position or setting that involves the care of or substantial contact with children. The designated length of time on the registry is not appealable.

2. B. If an administrative law judge, a state or federal court, or the Director finds that the parent, guardian, custodian, or employee of a child welfare agency abused the child or the parent, guardian or custodian neglected the child, PSRT shall maintain the person’s name and substantiated finding in the Central Registry for 25 years for any of the following acts or omissions:

   1. 1. Death of a child due to abuse or neglect;
   2. 2. Sexual assault or molestation after allowing a known sexual predator access to a child;
   3. 3. Aggravated domestic violence in front of a child by a parent, guardian, or custodian as defined under A.R.S. § 13-3601.02;
   4. 4. A diagnosis by a medical professional of non-medical malnutrition or failure to thrive without a previous diagnosis of a health condition;
   5. 5. Physical injury to a child by allowing the child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment by any person for the purpose of manufacturing a dangerous drug as defined under A.R.S. § 13-3401;
   6. 6. Inflicting or allowing sexual abuse under A.R.S. § 13-1404, sexual conduct with a minor under A.R.S. § 13-1405, sexual assault under A.R.S. § 13-1406, molestation of a child under A.R.S. § 13-1410, commercial sexual exploitation of a minor under A.R.S. § 13-3552, sexual exploitation of a minor under A.R.S. § 13-3553, incest under A.R.S. § 13-3608, child sex trafficking under A.R.S. § 13-3212 or other sexual abuse.
   7. 7. Inflicting or allowing a serious physical injury to a child that creates a reasonable risk of death or causes serious or permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb.
   8. 8. Any other act of abuse or neglect that presents a serious physical injury that creates a reasonable risk of death, or serious emotional abuse to the child, and the Department determines there is a nexus between the act of abuse or neglect and the potential risk the perpetrator may pose if the perpetrator were in a position or setting that involves the care of or substantial contact with children.

3. C. If an administrative law judge, a state or federal court, or the Director finds that the parent, guardian, custodian, or employee of a child welfare agency abused the child or the parent, guardian or custodian neglected the child, PSRT shall maintain the person’s name and substantiated finding in the Central Registry for 15 years for any of the following acts or omissions:

   1. 1. Inflicting or allowing of physical injury, impairment of bodily function or disfigurement; including bone fracture or fractures; serious injuries to the face or head; non-accidental burns; substantial bruising; and injuries on multiple parts of the body if the injuries include disfigurement, scarring, impairment, or loss of use;
   2. 2. Positive toxicology of the child for schedule 1 or 2 non-prescribed drugs that were supplied to the child by the parent, guardian or custodian or an employee of a child welfare agency;
   3. 3. Medical child abuse by a parent, guardian or custodian;
   4. 4. Unreasonable confinement of a child including binding the child’s arms and/or legs together, binding the child to an object, or locking the child in a cage or confined space, unless medically prescribed;
   5. 5. Physical injury to a child during a domestic violence incident;
   6. 6. Leaving the child unattended in a vehicle or other conveyance by a parent, guardian, custodian or an employee of a child welfare agency, resulting in conditions or symptoms requiring medical attention;
   7. 7. Accidental drowning of a child due to recklessness;
   8. 8. Physically or verbally imposing, which means brandishing weapons, throwing objects intentionally at a child with the intent to hit or cause harm, or behaving in a manner that intends to cause the child to fear for their physical safety;
   9. 9. Recklessly or deliberately exposing a child to sexually explicit materials or acts;
   10. 10. A parent, guardian, or custodian is unwilling to meet the child’s needs for supervision, food, clothing, shelter, or medical care as determined by a juvenile court adjudication or criminal conviction;
   11. 11. Inability to provide supervision of a child due to driving under the influence with the child in the vehicle, causing substantial risk of harm to the child;

   12. 12. Any other act of abuse or neglect of a child that could be classified as class 4, class 5, or class 6 felony child abuse, including but not limited to:

       1. a. Emotional abuse by a parent, guardian, custodian or an employee of a child welfare agency; or
       2. b. A parent, guardian, or custodian, or an employee of a child welfare agency taking a child from the lawful custody of the Department.

4. D. If an administrative law judge, a state or federal court, or the Director finds that the parent, guardian, custodian, or employee of a child welfare agency abused the child or the parent, guardian or custodian neglected the child, PSRT shall maintain the person’s name and substantiated finding in the Central Registry for five years for any of the following acts or omissions:

   1. 1. Physical abuse resulting in minor physical injury to the child;
   2. 2. Driving without properly restraining a child resulting in injury to the child;
   3. 3. Intentionally leaving the child unattended in a vehicle, placing the child at substantial risk of harm or physical injury;
   4. 4. Accidental drowning of a child due to negligence;
   5. 5. Unwillingness to protect the child from another person the individual knows is abusing or neglecting the child;

5. E. If an administrative law judge, a state or federal court, or the Director finds that the parent, guardian, custodian, or employee of a child welfare agency abused the child or the parent, guardian or custodian neglected the child, PSRT shall not enter or maintain the person’s name and substantiated finding in the Central Registry for any of the following acts or omissions:

   1. 1. The parent, guardian or custodian is unable to protect themselves and the child from domestic violence without risk of harm to the child;
   2. 2. Child is born substance exposed or diagnosed with fetal alcohol syndrome;
   3. 3. The parent, guardian or custodian is unable to meet the child’s needs for supervision, food, clothing, shelter, or medical care solely due to a lack of financial resources available to the parent, guardian or custodian; or
   4. 4. Positive toxicology with a substantial risk of physical injury of the child for non-schedule 1 or 2 illegal or non-prescribed drugs that were supplied by the parent, guardian, custodian or employee of a child welfare agency.

6. F. In determining the tier level for acts or omissions not specifically addressed in this Section, the Department may consider:

   1. 1. The type of abuse or neglect identified in the substantiated finding;
   2. 2. The acts or omissions set forth in the substantiated finding;
   3. 3. The age of the child;
   4. 4. The likelihood of harm to a child as a result of the person’s acts or omissions;
   5. 5. The severity of physical or emotional harm that may result from the acts or omissions;
   6. 6. Harm that did result from the person’s acts or omissions; and
   7. 7. The extent to which the acts or omissions are relevant to the person’s future contact with children and vulnerable adults.

Historical Note

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