by Ryan T. McGuire

When Arizona accuses a person of child abuse, that person faces more than potential criminal charges and juvenile court proceedings; they also risk placement on the “central registry.” The central registry is a semi-confidential list of individuals against whom the Department of Child Safety (“DCS”) has substantiated findings of child abuse or neglect. Although the general public cannot easily access it, employers and other third parties conducting background checks can query the registry to determine whether the applicant has been found to have abused or neglected a child. Being listed on the registry can make it difficult to obtain certain jobs, professional licenses, or certifications (e.g., fingerprint clearance cards).

Until recently, all substantiated findings guaranteed placement on the registry for 25 years. In 2026, the rules governing how long someone remains on the registry have changed significantly.

1. The Four Tiers of the Central Registry

The new tiered system assigns a duration of registry placement based on the seriousness of the finding instead of a 25-year placement for all findings. The new system allows for some discretion but recognizes that the severity of the findings should determine the length of placement.

The first tier carries the longest term: 25 years. This tier applies to the most serious forms of abuse or neglect. Examples include death of a child from abuse or neglect, inflicting or allowing sexual abuse, or any act of abuse or neglect that causes serious physical injury creating a reasonable risk of death.

The second tier carries a term of 15 years. Examples include inflicting or allowing physical injury, bodily impairment, or disfigurement, leaving a child unattended in a vehicle under conditions requiring medical attention, or deliberately or recklessly exposing a child to sexually explicit materials or acts.

The third tier carries a term of 5 years. Examples include physical abuse resulting in minor physical injury, leaving a child unattended in a vehicle that places the child at substantial risk of harm, or negligent drowning.

The fourth tier consists of acts that do not result in registry placement (i.e., a finding of abuse or neglect can be made but will not be maintained on the registry). Examples include situations where a parent cannot protect themselves from domestic violence without risk of harm to the child, cases where a child is born substance-exposed or with fetal alcohol syndrome, and cases where a parent or caretaker cannot meet a child’s needs solely due to a lack of financial resources.

Not every situation fits neatly into one of these categories. The rules also provide factors to guide tier assignment for unlisted acts. The factors include the type of maltreatment, the child’s age, the severity of the harm, and the risk that future contact between the offender and children might pose. The tier assignment is not appealable, so it is important to engage with the DCS process as early as possible to ensure the correct placement is made.

2. Early Removal

The new rules also create a process for early removal from the central registry. A person may apply for removal after half the assigned term elapses (e.g., a person placed on the registry for five years may apply for early removal after 2.5 years). To apply, the applicant submits a written statement of rehabilitation. DCS then reviews the case and may consider factors including the time elapsed since the act, the applicant’s future risk to children, the nature of the act, and any mitigating circumstances. DCS must respond to an application within 60 days. If DCS denies the application, it must explain the reasoning and inform the applicant when they may reapply.

3. Implementing the New Registry System

Arizona’s new tiered system brings some long-overdue improvements to the central registry process. Registry placement now corresponds to the severity of the finding, some findings do not result in placement at all, and a clear process exists to request early removal. In addition to these changes for future registry investigations, DCS must also conform existing registry findings to the new system retroactively. For many of the approximately 140,000 existing registrants, this could mean a shorter registry term or removal altogether depending upon the nature of the finding and when it occurred. Although it will take some time to fully implement these changes, Arizona’s central registry system stands to improve due process and fairness significantly in the coming months.

Author:

Ryan T. McGuire is a law clerk at Woodnick Law PLLC and a second-year student at the Sandra Day O’Connor College of Law. He leverages his master’s degree in philosophy to produce thorough legal research and writing, with a focus on family law matters. Ryan brings a strong foundation in legal analysis and academic interests spanning family, juvenile, and criminal law.