Arizona’s Duty To Report Law

October 23, 2017 Posted in Domestic Violence

Arizona’s duty to report law is found at A.R.S. § 13-3620. All of the information below is taken from that law.

A.R.S. § 13-3620(A) provides in relevant part:

“A. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under section 36-2281 shall immediately report or cause reports to be made of this information to a peace officer, to the department of child safety or to a tribal law enforcement or social services agency for any Indian minor who resides on an Indian reservation, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. . . .For the purposes of this subsection, “person” means:

1. Any physician, physician’s assistant, optometrist, dentist, osteopath, chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor or social worker who develops the reasonable belief in the course of treating a patient.

2. Any peace officer, child welfare investigator, child safety worker, member of the clergy, priest or Christian Science practitioner.

3. The parent, stepparent or guardian of the minor.

4. School personnel, domestic violence victim advocates or sexual assault victim advocates who develop the reasonable belief in the course of their employment.

5. Any other person who has responsibility for the care or treatment of the minor.” Read the original document of the law by visiting https://www.azleg.gov/ars/13/03620.htm

Some organizations, such as the Girl Scouts, have determined that their adult volunteers have a duty to report pursuant to A.R.S. §13-3620(A)(5).

According to A.R.S. §13-3620(O), a person who violates A.R.S. §13-3620 is guilty of a class 1 misdemeanor if it’s not a reportable offense or a class 6 felony if it is a reportable offense.

A.R.S. §13-3620(P)(4) defines a “reportable offense” as the following:

4. “Reportable offense” means any of the following:

(a) Any offense listed in chapters 14 and 35.1 of this title or section 13-3506.01.

(b) Surreptitious photographing, videotaping, filming or digitally recording or viewing a minor pursuant to section 13-3019.

(c) Child sex trafficking pursuant to section 13-3212.

(d) Incest pursuant to section 13-3608.

(e) Unlawful mutilation pursuant to section 13-1214.” Original found on https://www.azleg.gov/ars/13/03620.htm

If you have been criminally charged with failure to report, you need an experienced attorney to defend you. Attorney Gary Rohlwing has over thirty years experience. Call him today for a free initial consultation.