HB2323 is a bill that amends current Arizona law regarding the temporary custody of children by the Department of Child Safety (DCS). The bill prohibits the superior court from issuing an order that allows DCS to take temporary custody of a child based solely on the opinion of a licensed physician, osteopathic physician, or licensed health care provider who performs evaluations for DCS or who has not conducted a physical examination of the child. This change aims to ensure that decisions about temporary custody are not made based on the opinion of a medical professional who has not personally examined the child.

Additionally, the bill requires DCS to refer a child taken into temporary custody for a specialty medical evaluation under certain conditions, such as at the request of the child's parent, legal guardian, or attorney, or if the child's primary care physician recommends it. The bill also outlines the qualifications for the physicians or health care providers who can conduct these evaluations and prohibits those who reported the suspected abuse or neglect from participating in the evaluation. It allows for the consideration of alternative opinions obtained by the child's parent, legal guardian, or attorney, for which they are responsible for the cost. The bill also stipulates that DCS must accept and consider these alternative opinions.

Statutes affected:
Introduced Version: 8-821, 8-824, 8-825, 8-828, 8-514.07, 8-817, 8-845, 8-823, 8-481, 8-841, 8-846
House Engrossed Version: 8-821, 8-824, 8-825, 8-828, 8-514.07, 8-817, 8-845, 8-823, 8-481, 8-841, 8-846