Signed by Governor Janet Napolitano

Vote Smart's Synopsis:

Vote to pass a bill that requires the Department of Economic Security (DES) to disclose to the public the Child Protective Services (CPS) records on child abuse cases that have resulted in fatalities or near fatalities.

Highlights:

- Requires the DES to disclose preliminary information related to the identities of the child and alleged perpetrator, possible history of abuse committed by the perpetrator, and the CPS response to the fatality or near fatality (Sec. 1). - Requires the DES to disclose additional CPS information pertaining to such cases upon request by any individual, provided that the DES consult the county attorney who may veto the disclosure upon determining that such a disclosure will cause material harm to a criminal investigation (Sec. 1). - Requires the DES to continue to provide CPS information upon request unless the county attorney demonstrates that a disclosure of this information would cause material harm to a criminal investigation or violate the privacy rights of the victim (Sec. 1). - Allows individuals who were denied CPS information upon request to petition the superior court to order the DES to disclose the information. The court shall order the disclosure of the information if they believe the rights of the individual seeking the information and the public benefits resulting from the disclosure outweigh the rights of the parties entitled to confidentiality and the potential harm to a criminal investigation. Should the court decide to order the disclosure of information, the court shall take reasonable steps to prevent unwarranted invasions of privacy (Sec. 1). - The original text of the bill was replaced by an amendment introduced by the House Committee on Government.

Full Bill Text