AGENCY CONTACT INFORMATION
Authority
Laws 1921, Chapter 53 created the State Child Welfare Board, which was the predecessor of the modern Department of Child Safety (DCS). DCS was created in the Second Special Session of the 51st Arizona Legislature (Laws 2014, Second Special Session, Chapter 1) by significantly revising A.R.S. Title 8. Statutory authority is found at A.R.S. 8-101 et seq. Administrative rules are found at A.A.C. R21-1-101 et seq.
Function
The purpose of DCS is to protect children. From 1972 through 2014, this function was under the direction of the Child Protective Services (CPS) Division of the Department of Economic Security and included investigating reports of abuse or neglect, overseeing the adoption process, running juvenile courts, working to ensure a stable home for children and providing a variety of services, including preventative work with family members, treatment services, and intervention when necessary.
History
Laws 1921, Chapter 53 created the State Child Welfare Board, consisting of five members, at least two of whom had to be women, appointed to five-year terms. The Board was authorized to hire a secretary to investigate social service problems, as well as enter contracts with non-sectarian institutions for the care of children, though that was contingent on a member of the State Board becoming a Board member of the non-sectarian institution. The Board was charged with overseeing child placement and adoption as well. The Superior Court was responsible for appointing four person Child Welfare Boards at the county level. The Board was also charged with aiding any “widowed or abandoned mother” of a child under 16.
Laws 1923, Chapter 35 updated the Board membership to only three commissioners, at least two of whom had to be women, appointed for two-year terms. Revised Statutes Chapter 40 (juveniles and child welfare) consolidated child welfare law in statute, joining the Superior Court’s authority over juvenile proceedings given by Laws 1912 1st Special Session, Chapter 63 (Article 1) as well, and joins it with child welfare statutes (Article 2) under the same chapter (and eventually title).
Laws 1933, Chapter 35 repealed Revised Statutes Chapter 40, Article 2 and rewrote the child welfare law. A five-member Board, at least one of whom had to be a woman, was appointed and served four-year terms. While much of the language is outdated, many of the duties mirror today’s DCS. The Board members were charged with inspecting and licensing private institutions (orphanages, foster homes, etc.), as well as investigating reports of orphaned or neglected children, though they were allowed to hire more than a single secretary. The Board was also authorized to act as the legal guardian of any child who fell within the legally defined parameters of its power without getting a court order.
Laws 1937, Chapter 69 renamed the Board, changing it to the Arizona Board of Social Security and Public Welfare, while adding some duties to the existing responsibilities of the Board. The requirement of at least one female Board member was dropped and terms for Board members were reduced to three years. The Board was additionally tasked with creating a program that provided medical assistance to children considered crippled or suffering from conditions that would lead to being crippled.
In 1941 an update to the law provided the Board authority over all child welfare agencies (Laws 1941, Chapter 57), including formulating standards for childcare and services for children, performing health inspections, and overseeing the licensing of agencies. The update also empowered child welfare agencies, if so authorized by their licenses, to accept children under their care and place them in family homes. The agencies were further able to provide legal consent to adoption, provided the child welfare agencies had permanent guardianship and that the parental rights had been terminated or relinquished.
A major revamp occurred in 1948 with the creation of the Department of Public Welfare (Laws 1948, 7th Special Session, Chapter 20). Terms for Board members were changed to five years and members were compensated beyond expenses incurred in the performance of their duties for the first time since the Board’s creation.
Laws 1949, Chapter 30 established the Arizona Children’s Colony.
Laws 1970, Chapter 205 established significant portions of statutory language relating to adoption and child safety. Rules regarding the adoption process were modified to ensure thorough screening of potential adoptive parents, as were the rules and procedures governing the process (i.e., consent, court hearings). Statutes addressing child welfare and placement were also updated, including standards of treatment for children in foster homes and processes for termination of parent-child relationships.
Laws 1972, Chapter 142 created the Department of Economic Security (DES), replacing the Department of Public Welfare. Several minor changes to A.R.S. Title 8 were enacted after that (Laws 1985, Chapter 243; Laws 1993, Chapter 155; Laws 1999, Chapter 347; Laws 2000, Chapter 155; Laws 2001, Chapter 6), but major changes did not occur until 2014.
Laws 2014, Second Special Session, Chapter 1 established DCS. The measure was drafted after the discovery of a backlog of over 6500 cases involving potential child abuse or neglect. Gov. Brewer publicly urged lawmakers to make DCS a stand-alone agency. A departmental director of DCS appointed by the Governor has largely replaced the Board, and a director-appointed community advisory committee was established in statute (A.R.S. §8-459).
Measures addressing placement of a child were enacted in 2017 and 2018. Laws 2017, Chapter 130 required background checks before DCS could place a child with a relative or person who had a significant relationship with the child. Background checks were also required for all adult household members and all adults having caregiving responsibilities for the child. Laws 2018, Chapter 153 required DCS to consider the best interest of a child regarding placement, outlined criteria for making such decisions, and required DCS to take steps to notify relatives when a child is taken into temporary custody.
Measures regarding reporting were enacted in 2017 and 2018. Laws 2017, Chapter 282 established the six-member Joint Legislative Oversight Committee on DCS to review implementation of policy, procedures, and program effectiveness. The Committee, found at A.R.S. §41-1292, terminates July 1, 2025.
Laws 2018, Chapter 282 required the Auditor General to include information regarding the differences in caseworker caseloads between department field offices in reports due in December 2020. That measure also required DCS and the Arizona Early Childhood Development and Health Board to prepare a joint report on collaborative efforts to address child welfare issues of common concern. The joint report was due to JLBC by February 1, 2019.
Laws 2019, Chapter 135 expanded fingerprinting requirements for anyone who provides services to juveniles or vulnerable adults. A second measure enacted in 2019 authorized DCS to establish an extended foster care program for young adults who are 18, 19, or 20 years of age. The measure prescribed eligibility requirements and outlined DCS responsibilities and reporting requirements (Laws 2019, Chapter 262). A third measure required DCS to provide behavioral health services as part of its comprehensive medical and dental care program to eligible children if federal and state funding is available. Contains conditional enactment clause. See Laws 2019, Chapter 305.
Laws 2020, Chapter 53 requires the Auditor General to examine DCS practices for classifying and locating runaway or missing children and to compare the current DCS program to best practices. A report of recommended improvements to the Governor and Legislature is due by September 30, 2021.
Laws 2021, Chapter 294 established DCS reporting requirements relating to run-away and abducted children. Reports are required every six months, beginning January 1, 2022. These reporting requirements are repealed on January 1, 2026.
Laws 2021, Chapter 409 requires DCS to establish a comprehensive health plan expenditure authority fund to distinguish DCS’s revenues and expenditures related to the new fund from other DCS funds and programs. Monies are to be used to cover costs of comprehensive medical care, dental care and behavioral health services if a medical emergency exists for children who are in DCS custody.
Several measures enacted in 2023 addressed DCS responsibilities. A brief description of each of the four measures follows.
Laws 2023, Chapter 87 outlines Department of Child Safety responsibility to search for adult relatives of a child that has been taken into temporary custody.
Laws 2023, Chapter 106 modifies DCS responsibilities relating to information, data sharing agreements, and online access to its automated case management system. The measure includes a statement of public policy that DCS shall, unless explicitly prohibited by law, provide DCS information and direct remote access to the DCS case management system to the office of the Ombudsman-Citizen’s Aide and the Auditor General. DCS is also required to provide the Supreme Court with direct remote access to the automated case management system and any DCS information needed for a local foster care review board to perform its statutory duties.
Laws 2023, Chapter 177 revises DCS authority to receive and administer Social Security and Veterans Administration benefits payable to a child under the care, custody, or control of the Department. The measure also prohibits use of benefits, savings, or assets to pay for or reimburse any costs incurred by DCS to care for the child.
Laws 2023, Chapter 179 expands Department of Child Safety responsibility to notify appropriate law enforcement agencies regarding missing, abducted, or runaway children who are wards of the court or are in the care of DCS. The measure also outlines required ongoing efforts, DCS employee training, and authorizes the Legislature to conduct an independent audit of Department compliance with policies and procedures.
Several measures enacted in 2024 addressed DCS responsibilities as described below:
Laws 2024, Chapter 53 establishes the Child Safety Fatality and Near Fatality Review Team within DCS, outlines the Team’s duties and membership and describes reporting requirements. The measure also expands the items subject to review by the existing Joint Legislative Oversight Committee on the Department of Child Safety, which was established by Laws 2017, Chapter 282.
Laws 2024, Chapter 96 requires the DCS to implement policies to conduct random, quarterly drug screening for employees of a group foster home. The measure also authorizes DCS to conduct random drug screenings of any group foster home employee who is involved in an accident or incident if a child is injured.
Laws 2024, Chapter 127 requires DCS to adopt rules by September 15, 2025 that establish a tiered system for the Department’s central registry of child abuse and neglect.
Laws 2024, Chapter 146 modifies procedures, notification, timeframes, reporting requirements, and oversight that apply to recovery efforts for children who are missing, abducted or have run away.
Laws 2024, Chapter 147 establishes procedures to restore a parent-child relationship and outlines requirements for petitions, assessments, and trial in-home placement policies.
Laws 2024, Chapter 164 requires DCS to ensure that young adults between the age of 18 and 21 years who exit the custody of DCS and have not achieved permanency through unification, adoption or guardianship, have access to safe and secure housing. A report outlining policies and procedures adopted by DCS to meet the requirements of the measure is due to the Governor, President of the Senate, Speaker of the House of Representatives and Secretary of State by December 31, 2025. The measure includes a legislative intent clause (Section 2).
Laws 2024, Chapter 256 requires the Department to establish a Foster Youth Permanency Pilot Project Team, outlines the team’s duties and its authority. A report is due to the Governor and the Legislature by July 1, 2026 that describes the outcomes of the pilot project and recommendations on how to improve and enhance the pilot project team.
Laws 2025, Chapter 67 adds responsibilities for DCS to establish and maintain a minimum number of licensed foster homes, to provide certain information on its website, and to submit an annual report to the Governor, President of the Senate, Speaker of the House of Representatives, and the Joint Legislative Oversight committee on the Department of Child Safety by December 31 of each year. It adds specific requirements for DCS to coordinate a case plan with when it places a child in a congregate care setting. The legislation also regulates how medicine must be administered, requires on-site surveys of group homes caring for a medically fragile child, and prohibits a facility from refusing placement of a child. It renames the Foster Youth Permanency Pilot Project Team as the Foster Youth Permanency Project Team, adds members, and authorizes it to enter into contracts with nonprofit organizations.
Sources
- Arizona Revised Statutes §§8-101 et seq.
- Arizona Administrative Code (A.A.C.) §§R21-1-101 et seq.
- Session Laws
- Laws 1912 1st Special Session, Chapter 63
- Laws 1921, Chapter 53
- Laws 1923, Chapter 35
- 1928 Revised Statutes, Chapter 40
- Laws 1933, Chapter 35
- Laws 1937, Chapter 69
- Laws 1941, Chapter 57
- Laws 1948 7th Special Session, Chapter 20
- Laws 1949, Chapter 30
- Laws 1970, Chapter 205
- Laws 1972, Chapter 142
- Laws 1985, Chapter 243
- Laws 1993, Chapter 155
- Laws 1999, Chapter 347
- Laws 2000, Chapter 155
- Laws 2001, Chapter 6
- Laws 2014, Second Special Session, Chapter 1
- Laws 2017, Chapter 130 and Chapter 282
- Laws 2018 Chapter 153 and Chapter 282
- Laws 2019, Chapter 135, Chapter 262, and Chapter 305
- Laws 2020, Chapter 53
- Laws 2021, Chapter 294 and Chapter 409
- Laws 2023, Chapter 87, Chapter 106, Chapter 177, and Chapter 179
- Laws 2024, Chapter 53, Chapter 96, Chapter 127, Chapter 146, Chapter 147, Chapter 164, and Chapter 256
- Laws 2025, Chapter 67
Arizona Department of Child Safety website
Arizona Memory Project Arizona Department of Child Safety agency collection
Arizona Auditor General Performance Audit & Sunset Review, 2023, Report 23-115
Arizona Auditor General Special Audit. September 2025. Report 25-109
Related Collections at Arizona State Archives
- Record Group 037- Department of Economic Security