clergy; priests; duty to report

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• Dec 3, 2025
  Prefiled.

  Housefiling
• Jan 11, 2026
  House First Reading.

  Housereading-1
• Jan 12, 2026
  House Second Reading

  Housereading-2

Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-201, Arizona Revised Statutes, is amended to
read:
8-201. Definitions
In this title, unless the context otherwise requires:
1. "Abandoned" means the failure of the parent to provide
reasonable support and to maintain regular contact with the child,
including providing normal supervision. Abandoned includes a judicial
finding that a parent has made only minimal efforts to support and
communicate with the child. Failure to maintain a normal parental
relationship with the child without just cause for a period of six months
constitutes prima facie evidence of abandonment.
2. "Abuse":
(a) Means the infliction or allowing of physical injury, impairment
of bodily function or disfigurement or the infliction of or allowing
another person to cause serious emotional damage as evidenced by severe
anxiety, depression, withdrawal or untoward aggressive behavior and which
emotional damage is diagnosed by a medical doctor or psychologist and is
caused by the acts or omissions of an individual who has the care, custody
and control of a child, including an employee of a child welfare agency
where a child is placed that is licensed by and contracted with the
department.
(b) Includes:
(i) Inflicting or allowing sexual abuse pursuant to section
13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual
assault pursuant to section 13-1406, molestation of a child pursuant to
section 13-1410, commercial sexual exploitation of a minor pursuant to
section 13-3552, sexual exploitation of a minor pursuant to section
13-3553, incest pursuant to section 13-3608 or child sex trafficking
pursuant to section 13-3212.
(ii) Physical injury that results from allowing a child to enter or
remain in any structure or vehicle in which volatile, toxic or flammable
chemicals are found or equipment is possessed by any person for the
purpose of manufacturing a dangerous drug as defined in section 13-3401.
(iii) Unreasonable confinement of a child.
3. "Adult" means a person who is eighteen years of age or older.
4. "Adult court" means the appropriate justice court, municipal
court or criminal division of the superior court that has jurisdiction to
hear proceedings concerning offenses committed by juveniles as provided in
sections 8-327 and 13-501.
5. "Award" or "commit" means to assign legal custody.
6. "Child", "youth" or "juvenile" means an individual who is under
eighteen years of age.
7. "Complaint" means a written statement of the essential facts
constituting a public offense that is any of the following:
(a) Made on an oath before a judge or commissioner of the superior
court or an authorized juvenile hearing officer.
(b) Made pursuant to section 13-3903.
(c) Accompanied by an affidavit of a law enforcement officer or
employee that swears on information and belief to the accuracy of the
complaint pursuant to section 13-4261.
8. "Criminal conduct allegation" means an allegation of conduct by
a parent, guardian or custodian of a child or an adult member of the
victim's household that, if true, would constitute any of the following:
(a) A violation of section 13-3623 involving child abuse.
(b) A felony offense that constitutes domestic violence as defined
in section 13-3601.
(c) A violation of section 13-1404 or 13-1406 involving a minor.
(d) A violation of section 13-1405, 13-1410 or 13-1417.
(e) Any other act of abuse that is classified as a felony.
(f) An offense that constitutes domestic violence as defined in
section 13-3601 and that involves a minor who is a victim of or was in
imminent danger during the domestic violence.
9. "Custodian" means a person, other than a parent or legal
guardian, who stands in loco parentis to the child or a person to whom
legal custody of the child has been given by order of the juvenile court.
10. "DCS report" means a communication received by the centralized
intake hotline that alleges child abuse or neglect and that meets the
criteria for a report as prescribed in section 8-455.
11. "Delinquency hearing" means a proceeding in the juvenile court
to determine whether a juvenile has committed a specific delinquent act as
set forth in a petition.
12. "Delinquent act" means an act by a juvenile that if committed
by an adult would be a criminal offense or a petty offense, a violation of
any law of this state, or of another state if the act occurred in that
state, or a law of the United States, or a violation of any law that can
only be violated by a minor and that has been designated as a delinquent
offense, or any ordinance of a city, county or political subdivision of
this state defining crime. Delinquent act does not include an offense
under section 13-501, subsection A or B if the offense is filed in adult
court. Any juvenile who is prosecuted as an adult or who is remanded for
prosecution as an adult shall not be adjudicated as a delinquent juvenile
for the same offense.
13. "Delinquent juvenile" means a child who is adjudicated to have
committed a delinquent act.
14. "Department" means the department of child safety.
15. "Dependent child":
(a) Means a child who is adjudicated to be:
(i) In need of proper and effective parental care and control and
who has no parent or guardian, or one who has no parent or guardian
willing to exercise or capable of exercising such care and control.
(ii) Destitute or who is not provided with the necessities of life,
including adequate food, clothing, shelter or medical care.
(iii) A child whose home is unfit by reason of abuse, neglect,
cruelty or depravity by a parent, a guardian or any other person having
custody or care of the child.
(iv) Under eight years of age and who is found to have committed an
act that would result in adjudication as a delinquent juvenile or
incorrigible child if committed by an older juvenile or child.
(v) Incompetent or not restorable to competency and who is alleged
to have committed a serious offense as defined in section 13-706.
(b) Does not include a child who in good faith is being furnished
Christian Science treatment by a duly accredited practitioner if none of
the circumstances described in subdivision (a) of this paragraph exists.
16. "Detention" means the temporary confinement of a juvenile who
requires secure care in a physically restricting facility that is
completely surrounded by a locked and physically secure barrier with
restricted ingress and egress for the protection of the juvenile or the
community pending court disposition or as a condition of probation.
17. "Director" means the director of the department.
18. "Health professional" has the same meaning prescribed in
section 32-3201.
19. "Incorrigible child" means a child who:
(a) Is adjudicated as a child who refuses to obey the reasonable
and proper orders or directions of a parent, guardian or custodian and who
is beyond the control of that person.
(b) Is habitually truant from school as defined in section 15-803,
subsection C.
(c) Is a runaway from the child's home or parent, guardian or
custodian.
(d) Habitually behaves in such a manner as to injure or endanger
the morals or health of self or others.
(e) Commits any act constituting an offense that can only be
committed by a minor and that is not designated as a delinquent act.
(f) Fails to obey any lawful order of a court of competent
jurisdiction given in a noncriminal action.
20. "Independent living program" includes a residential program
with supervision of less than twenty-four hours a day.
21. "Juvenile court" means the juvenile division of the superior
court when exercising its jurisdiction over children in any proceeding
relating to delinquency, dependency or incorrigibility.
22. "Law enforcement officer" means a peace officer, sheriff,
deputy sheriff, municipal police officer or constable.
23. "Medical director of a mental health agency":
(a) Means a psychiatrist, or licensed physician experienced in
psychiatric matters, who is designated in writing by the governing body of
the agency as the person in charge of the medical services of the agency,
or a psychiatrist designated by the governing body to act for the
director.
(b) Includes the superintendent of the state hospital.
24. "Mental health agency" means any private or public facility
that is licensed by this state as a mental health treatment agency, a
psychiatric hospital, a psychiatric unit of a general hospital or a
residential treatment center for emotionally disturbed children and that
uses secure settings or mechanical restraints.
25. "Neglect" or "neglected" means:
(a) The inability or unwillingness of a parent, guardian or
custodian of a child to provide that child with supervision, food,
clothing, shelter or medical care if that inability or unwillingness
causes substantial risk of harm to the child's health or welfare, except
if the inability of a parent, guardian or custodian to provide services to
meet the needs of a child with a disability or chronic illness is solely
the result of the unavailability of reasonable services.
(b) Allowing a child to enter or remain in any structure or vehicle
in which volatile, toxic or flammable chemicals are found or equipment is
possessed by any person with the intent and for the purpose of
manufacturing a dangerous drug as defined in section 13-3401.
(c) A determination by a health professional that a newborn infant
was exposed prenatally to a drug or substance listed in section 13-3401
and that this exposure was not the result of a medical treatment
administered to the mother or the newborn infant by a health professional.
This subdivision does not expand a health professional's duty to report
neglect based on prenatal exposure to a drug or substance listed in
section 13-3401 beyond the requirements prescribed pursuant to section
13-3620, subsection E F. The determination by the health professional
shall be based on one or more of the following:
(i) Clinical indicators in the prenatal period including maternal
and newborn presentation.
(ii) History of substance use or abuse.
(iii) Medical history.
(iv) Results of a toxicology or other laboratory test on the mother
or the newborn infant.
(d) Diagnosis by a health professional of an infant under one year
of age with clinical findings consistent with fetal alcohol syndrome or
fetal alcohol effects.
(e) Deliberate exposure of a child by a parent, guardian or
custodian to sexual conduct as defined in section 13-3551 or to sexual
contact, oral sexual contact or sexual intercourse as defined in section
13-1401, bestiality as prescribed in section 13-1411 or explicit sexual
materials as defined in section 13-3507.
(f) Any of the following acts committed by the child's parent,
guardian or custodian with reckless disregard as to whether the child is
physically present:
(i) Sexual contact as defined in section 13-1401.
(ii) Oral sexual contact as defined in section 13-1401.
(iii) Sexual intercourse as defined in section 13-1401.
(iv) Bestiality as prescribed in section 13-1411.
26. "Newborn infant" means a child who is under thirty days of age.
27. "Petition" means a written statement of the essential facts
that allege delinquency, incorrigibility or dependency.
28. "Prevention" means the creation of conditions, opportunities
and experiences that encourage and develop healthy, self-sufficient
children and that occur before the onset of problems.
29. "Protective supervision" means supervision that is ordered by
the juvenile court of children who are found to be dependent or
incorrigible.
30. "Qualified young adult" means a former dependent child who is
at least eighteen years of age and not over twenty-one years of age, who
meets the criteria for an extended foster care program pursuant to section
8-521.02 and who signs a voluntary agreement to participate in the
program.
31. "Referral" means a report that is submitted to the juvenile
court and that alleges that a child is dependent or incorrigible or that a
juvenile has committed a delinquent or criminal act.
32. "Secure care" means confinement in a facility that is
completely surrounded by a locked and physically secure barrier with
restricted ingress and egress.
33. "Serious emotional injury" means an injury that is diagnosed by
a medical doctor or a psychologist and that does any one or a combination
of the following:
(a) Seriously impairs mental faculties.
(b) Causes serious anxiety, depression, withdrawal or social
dysfunction behavior to the extent that the child suffers dysfunction that
requires treatment.
(c) Is the result of sexual abuse pursuant to section 13-1404,
sexual conduct with a minor pursuant to section 13-1405, sexual assault
pursuant to section 13-1406, molestation of a child pursuant to section
13-1410, child sex trafficking pursuant to section 13-3212, commercial
sexual exploitation of a minor pursuant to section 13-3552, sexual
exploitation of a minor pursuant to section 13-3553 or incest pursuant to
section 13-3608.
34. "Serious physical injury" means an injury that is diagnosed by
a medical doctor and that does any one or a combination of the following:
(a) Creates a reasonable risk of death.
(b) Causes serious or permanent disfigurement.
(c) Causes significant physical pain.
(d) Causes serious impairment of health.
(e) Causes the loss or protracted impairment of an organ or limb.
(f) Is the result of sexual abuse pursuant to section 13-1404,
sexual conduct with a minor pursuant to section 13-1405, sexual assault
pursuant to section 13-1406, molestation of a child pursuant to section
13-1410, child sex trafficking pursuant to section 13-3212, commercial
sexual exploitation of a minor pursuant to section 13-3552, sexual
exploitation of a minor pursuant to section 13-3553 or incest pursuant to
section 13-3608.
35. "Shelter care" means the temporary care of a child in any
public or private facility or home that is licensed by this state and that
offers a physically nonsecure environment that is characterized by the
absence of physically restricting construction or hardware and that
provides the child access to the surrounding community.
36. "Standardized hotline assessment tool" means any written tool
used to make a determination that the allegation of abuse or neglect that
is the subject of a report received pursuant to section 8-455 involves
conduct that warrants investigation by the department pursuant to section
8-456 or 8-471.
37. "Young adult administrative review" means an administrative
review of a voluntary extended foster care case plan with the qualified
young adult, the department's case specialist or designee, an independent
party who is not responsible for the case management of or the delivery of
services to the qualified young adult and any other individual the young
adult invites.
Sec. 2. Section 12-2233, Arizona Revised Statutes, is amended to
read:
12-2233. Clergyman or priest and penitent
In a civil action a clergyman or priest shall not, without the
consent of the person making a confession, be examined as to any
confession made to him in his character as clergyman or priest in the
course of discipline enjoined by the church to which he belongs UNLESS THE
CLERGYMAN OR PRIEST DETERMINES THAT THE CONFESSION INVOLVES ONGOING ABUSE.
Sec. 3.    Section 13-3620, Arizona Revised Statutes, is amended to
read:
13-3620.Duty to report abuse, physical injury, neglect and
denial or deprivation of medical or surgical care
or   nourishment   of  minors;   medical   records;
exception; violation; classification; definitions
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. A
member of the clergy, a Christian Science practitioner or a priest who has
received a confidential communication or a confession in that person's
role ABOUT ABUSE THAT HAS ALREADY OCCURRED WHILE SERVING as a member of
the clergy, as a Christian Science practitioner or as a priest in
OPERATING UNDER the course of the discipline enjoined by the church to
which the member of the clergy, the Christian Science practitioner or the
priest belongs may withhold reporting of the communication or confession
if UNLESS the member of the clergy, the Christian Science practitioner or
the priest determines that it is reasonable and necessary within the
concepts of the religion THERE IS REASONABLE SUSPICION TO BELIEVE THAT THE
ABUSE IS ONGOING, WILL CONTINUE OR MAY BE A THREAT TO OTHER MINORS. This
exemption applies only to the communication or confession and not to
personal observations the member of the clergy, the Christian Science
practitioner or the priest may otherwise make of the minor. For the
purposes of this subsection, "person" means:
1. Any physician, physician's assistant, optometrist, dentist,
osteopathic   physician,   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, including substitute teachers, 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.
6. Any person who is employed as the immediate or next higher level
supervisor to or administrator of a person who is listed in paragraph 1,
2, 4 or 5 of this subsection and who develops the reasonable belief in the
course of the supervisor's or administrator's employment, except that if
the supervisor or administrator reasonably believes that the report has
been made by a person who is required to report pursuant to paragraph 1,
2, 4 or 5 of this subsection, the supervisor or administrator is not
required to report pursuant to this paragraph.
7. Any member of a school district governing board or charter
school governing body.
B. A MEMBER OF THE CLERGY, A CHRISTIAN SCIENCE PRACTITIONER OR A
PRIEST WHO HAS KNOWLEDGE OR A REASONABLE SUSPICION THAT A PERSON IS
COMMITTING OR MAY COMMIT CHILD ABUSE OR NEGLECT 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.
THIS SUBSECTION DOES NOT APPLY TO A CONFIDENTIAL OR PENITENTIAL
COMMUNICATION UNLESS THE MEMBER OF THE CLERGY, A CHRISTIAN SCIENCE
PRACTITIONER OR A PRIEST DETERMINES THAT THE ABUSE OR NEGLECT IS STILL
OCCURRING OR WILL OCCUR IN THE FUTURE.
B. C. A report is not required under this section either:
1. For conduct prescribed by sections 13-1404 and 13-1405 if the
conduct involves only minors who are fourteen, fifteen, sixteen or
seventeen years of age and there is nothing to indicate that the conduct
is other than consensual.
2. If a minor is of elementary school age, the physical injury
occurs accidentally in the course of typical playground activity during a
school day, occurs on the premises of the school that the minor attends
and is reported to the legal parent or guardian of the minor and the
school maintains a written record of the incident.
C. D. If     a   physician,   psychologist   or  behavioral   health
professional receives a statement from a person other than a parent,
stepparent, guardian or custodian of the minor during the course of
providing sex offender treatment that is not court ordered or that does
not occur while the offender is incarcerated in the state department of
corrections or the department of juvenile corrections, the physician,
psychologist or behavioral health professional may withhold the reporting
of that statement if the physician, psychologist or behavioral health
professional determines it is reasonable and necessary to accomplish the
purposes of the treatment.
D. E. Reports shall be made immediately either electronically or
by telephone. The reports shall contain the following information, if
known:
1. The names and addresses of the minor and the minor's parents or
the person or persons having custody of the minor.
2. The minor's age and the nature and extent of the minor's abuse,
child abuse, physical injury or neglect, including any evidence of
previous abuse, child abuse, physical injury or neglect.
3. Any other information that the person believes might be helpful
in establishing the cause of the abuse, child abuse, physical injury or
neglect.
E. F. A health care professional who is regulated pursuant to
title 32 and who, after a routine newborn physical assessment of a newborn
infant's health status or following notification of positive toxicology
screens of a newborn infant, reasonably believes that the newborn infant
may be affected by the presence of alcohol or a drug listed in section
13-3401 shall immediately report this information, or cause a report to be
made, to the department of child safety. For the purposes of this
subsection, "newborn infant" means a newborn infant who is under thirty
days of age.
F. G. Any person other than one required to report or cause
reports to be made under subsection A OR B of this section who reasonably
believes that a minor is or has been a victim of abuse, child abuse,
physical injury, a reportable offense or neglect may report the
information to a peace officer or to the department of child safety,
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.
G. H. A person who has custody or control of medical records of a
minor for whom a report is required or authorized under this section shall
make the records, or a copy of the records, available to a peace officer,
child welfare investigator or child safety worker investigating the
minor's neglect, child abuse, physical injury or abuse on written request
for the records signed by the peace officer, child welfare investigator or
child safety worker. Records disclosed pursuant to this subsection are
confidential and may be used only in a judicial or administrative
proceeding or investigation resulting from a report required or authorized
under this section.
H. I. When a report is received:
1. By a peace officer, the officer shall immediately notify the
department of child safety.
2. Notwithstanding any other statute, by the department OF CHILD
SAFETY, the department shall immediately notify a peace officer in the
appropriate jurisdiction.
3. By a school resource officer or school safety officer, the
officer shall immediately notify a law enforcement agency in the
appropriate jurisdiction and shall submit to the local law enforcement
agency all information relating to the report for the purposes of the law
enforcement agency investigating the reported conduct.
I. J. Any person who is required to receive reports pursuant to
subsection A OR B of this section may take or cause to be taken
photographs of the minor and the vicinity involved. Forensic interviews
or Medical examinations, or both, of the involved minor may be performed.
J. K. A person who furnishes a report, information or records
required or authorized under this section, or a person who participates in
a judicial or administrative proceeding or investigation resulting from a
report, information or records required or authorized under this section,
is immune from any civil or criminal liability by reason of that action
unless the person acted with malice or unless the person has been charged
with or is suspected of abusing or neglecting the child or children in
question.
K. L. Except for the attorney client privilege or the privilege
under subsection L M of this section, no privilege applies to any:
1. Civil or criminal litigation or administrative proceeding in
which a minor's neglect, dependency, abuse, child abuse, physical injury
or abandonment is an issue.
2. Judicial or administrative proceeding resulting from a report,
information or records submitted pursuant to this section.
3. Investigation of a minor's child abuse, physical injury, neglect
or abuse conducted by a peace officer or the department of child safety.
L. M. In any civil or criminal litigation in which a child's
neglect, dependency, physical injury, abuse, child abuse or abandonment is
an issue, a member of the clergy, a Christian Science practitioner or a
priest shall not, without his consent, be examined as a witness concerning
any confession made to him in his role as a member of the clergy, a
Christian Science practitioner or a priest in the course of the discipline
enjoined by the church to which he belongs UNLESS THE MEMBER OF THE
CLERGY, CHRISTIAN SCIENCE PRACTITIONER OR PRIEST DETERMINES THERE IS
REASONABLE SUSPICION TO BELIEVE THAT THE DEPENDENCY, PHYSICAL INJURY,
ABUSE, CHILD ABUSE OR ABANDONMENT IS ONGOING OR THAT DEPENDENCY, PHYSICAL
INJURY, ABUSE, CHILD ABUSE OR ABANDONMENT MAY OCCUR IN THE FUTURE. This
subsection does not discharge a member of the clergy, a Christian Science
practitioner or a priest from the duty to report pursuant to subsection A
OR B of this section.
M. N. If psychiatric records are requested pursuant to subsection
G   H of this section, the custodian of the records shall notify the
attending psychiatrist, who may excise from the records, before they are
made available:
1. Personal information about individuals other than the patient.
2. Information regarding specific diagnosis or treatment of a
psychiatric condition, if the attending psychiatrist certifies in writing
that release of the information would be detrimental to the patient's
health or treatment.
N. O. If any portion of a psychiatric record is excised pursuant
to subsection M N of this section, a court, on application of a peace
officer, child welfare investigator or child safety worker, may order that
the entire record or any portion of the record that contains information
relevant to the reported abuse, child abuse, physical injury or neglect be
made available to the peace officer, child welfare investigator or child
safety worker investigating the abuse, child abuse, physical injury or
neglect.
O. P. A student who is identified as a potential victim of a
reportable offense may be interviewed only as provided by the local county
protocol that is adopted pursuant to section 8-817. This subsection does
not prevent a school resource officer or a school safety officer from
either:
1. Receiving a voluntary report of a reportable offense from a
student who is an alleged victim.
2. Asking a student minimal follow-up questions that are necessary
and authorized by the county protocol.
P. Q. A report to a school resource officer or a school safety
officer does not satisfy the reporting requirement prescribed by this
section.
Q. R. A person who violates this section is guilty of a class 1
misdemeanor, except if the failure to report involves a reportable
offense, the person is guilty of a class 6 felony.
R. S. For the purposes of this section:
1. "Abuse" has the same meaning prescribed in section 8-201.
2. "Child abuse" means child abuse pursuant to section 13-3623.
3. "Neglect" has the same meaning prescribed in section 8-201.
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.
(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.
5. "School safety officer" has the same meaning prescribed in
section 15-514.
6. "Student" means a student who is enrolled in a kindergarten
program or any of grades one through twelve.