By Brad TenBrook

As a criminal defense attorney who handles child abuse and failure-to-report cases in Arizona, I have spent years watching the intersection of good intentions and bad legislation. A recent law passed in 2025, Senate Bill 1437, fundamentally changed the stakes for Arizona educators by amending the mandatory reporting (A.R.S. § 13-3620) and the duty to report immoral or unprofessional conduct statutes (A.R.S. § 15-514).

If you work in a school, you already know you are a mandatory reporter. What you might not know is that the procedural safety nets you’ve relied on for decades have just been removed. A casual conversation with your school’s resource officer is no longer a legal shield, and a mistake could now make you a felon.

Here is what every teacher, substitute, and administrator needs to know to protect their students, their careers, their fingerprint clearance card, and their freedom.

1. The SRO Trap: Passing the Baton is No Longer Enough

For years, the standard operating procedure in many Arizona schools was simple: if a teacher suspected a child was the victim of abuse or neglect, they walked down the hall and told the School Resource Officer (SRO) or School Safety Officer (SSO). You felt you had done your duty, the badge took the info, and you went back to your classroom.

Under the new law, a report to an SRO or school safety officer does NOT satisfy your statutory obligation to report suspected abuse or neglect. The statute explicitly closes this loophole. To satisfy your legal obligation under A.R.S. § 13-3620, you must bypass internal school channels and report directly to:

• The Department of Child Safety (DCS) via the hotline or Guardian Portal.
• Local law enforcement dispatch (your local police or sheriff’s department).
• The Arizona State Board of Education (SBE) if the allegation involves an educator.

The SRO can still be involved, but they are an additional step, not a substitute for your direct call to DCS or local police.

2. Substitutes and Board Members are Formally on the Hook

The law explicitly expands the net of who can be charged for remaining silent. Although “school personnel” was always a broad term, the updated statute explicitly names substitute teachers as mandatory reporters.

Furthermore, the duty has been pushed all the way up the ladder to school district governing board and charter school governing body members. If a board member receives a reasonable allegation of misconduct or abuse and tries to handle it “internally” or sweep it under the rug to protect the district’s reputation, they are now open to direct criminal prosecution.

3. “Reasonable Suspicion” Standard is Low

The legislature clarified the evidentiary trigger for reporting immoral or unprofessional conduct by public school employees. The law relies on “reasonable suspicion” rather than a higher standard of certainty.

In my practice, I tell clients that “reasonable suspicion” requires very little fuel. You do not need proof. You do not need physical evidence. If you see observable signs, receive a verbal disclosure, or even receive reliable information from a third party, the clock starts ticking immediately.

You are a reporter, not an investigator. If you find yourself trying to interview a child to “verify” their story before calling DCS, STOP! Not only are you delaying the report, but you risk contaminating a forensic timeline and stepping into criminal liability yourself. SB 1437 also added to the investigative process by stating only trained forensic interviewers may interview children relating to claims of sexual conduct.

4. From Misdemeanor to a Class 6 Felony

Historically, failing to report child abuse in Arizona was a Class 1 Misdemeanor. Although a misdemeanor is serious and can end an educational career, the law now gives more teeth to enforcement. If the underlying abuse involves a “reportable offense”—which includes sexual abuse, molestation, child sex trafficking, or severe physical abuse—failing to immediately report it is elevated to a Class 6 felony.

In Arizona, a felony conviction means the end of your fingerprint clearance card, the permanent revocation of your teaching certificate, and potential prison time. The state is making an example of educators who hesitate, and the prosecutor’s office will likely not care that you were “waiting to talk to the principal first.”

5. How to Protect Your Career and Freedom

As a defense attorney, I don’t want to see you in my office. To stay on the right side of Arizona’s updated laws, change how you handle disclosures starting today:

• Do not rely on the chain of command. Telling your principal or your SRO is fine for school policy, but it does not clear your legal hurdle. Make the call to DCS or police yourself.
• Document everything immediately. Note the time you observed the issue or heard the disclosure and the minute you submitted your report to DCS or law enforcement. Keep a copy of your confirmation number if using the online Guardian Portal.
• The legislature sure seems to be encouraging more reporting. So, when in doubt, err on the side of reporting. Arizona law provides statutory immunity from civil or criminal liability for reports made in good faith. You cannot be sued or prosecuted for reporting a suspicion that turns out to be unfounded. You can be prosecuted for staying silent or intentionally making a false report.

Brad TenBrook is a former Assistant Attorney General who represented the Department of Child Safety (formerly knowns as CPS). Brad is a frequent lecturer on issues involving mandatory reporting and child abuse related litigation. He has lectured for medical schools, private organizations, and even the Catholic Diocese.