Other articles by Howard Fischer:

$170M in state road work halted Photo-radar firm stays, despite lack of legality Worker comp ruling a blow to Arizona caregivers 2 bishops urge OK of ballot ban on gay marriages Lawsuit could void photo-radar tickets Judge to keep hands off election-fund law, for nowBiz finances survived AZ smoking ban Phx. TV station wants to ease cameras' access to courtrooms Judge scraps part of Ariz. public-election law Affirmative-action foes give up on 2008 ballot

Administrative & Professional
Buffalo Exchange
Bookkeeper/Office Asst. Dental
DENTAL ASSISTANT Trades/Construction
Koedyker & Kenyon
Stucco Piece Crews and Stucco Hourly Crews Office and Clerical
Carf International
Clerical Office Assitant Trades/Construction
Cascade Electric
Journeymen Electricians Employment Information
Plant Manager General
CHULA VISTA LANDSCAPING
LANDSCAPE CREW LEADER

PHOENIX — A House panel voted Thursday to give the public more access to Child Protective Services records when a child is killed or seriously injured.

But some — including a Tucson legislator — want more.

HB 2765 requires the Department of Public Safety to provide information on request about any fatality or near fatality if it is "reasonably suspected" the assailant was a parent or guardian.

The bill sets up a series of procedures the agency would follow, sets some deadlines and also gives county prosecutors a chance to object if they believe the release would harm efforts to complete an investigation.

The legislation was approved by the House Committee on Human Services on a 7-1 vote.

Rep. Pete Hershberger, R-Tucson, who is sponsoring the measure crafted by CPS attorneys, said it is designed to balance the public's right to know with both the needs of county attorneys to successfully prosecute assailants as well as the restrictions of federal law that shield certain personal information from disclosure.

"I think there's real movement here," he said.

But Rep. Jonathan Paton, R-Tucson, said the procedures in Hershberger's bill likely would delay the release of any information.

His alternative, HB 2454, is set for a hearing Tuesday in front of the House Government Committee. That version has the backing of attorneys who represent the news media.

The legislation is in direct response to the deaths last year of Brandon Williams and Ariana and Tyler Payne in Tucson. It took a lawsuit by the Arizona Daily Star to force CPS to surrender the documents under the state's Public Records Law.

John Moody who represents the Arizona Newspapers Association said Hershberger's bill removes CPS documents from being subject to the Public Records Law and sets up an entirely separate procedure, one he believes is more cumbersome.

Attorney David Bodney, who represents The Arizona Republic, pointed out the Public Records Law requires documents to be surrendered "promptly." He said while there is no specific time frame, that is bound to be quicker than the procedures in Hershberger's bill.

That bill says that within seven days of a request, CPS must inform the county attorney or the law-enforcement agency reviewing the matter of the intent to release information. That agency then has seven days to decide whether it wants to review the materials before they go out.

Then CPS has another 30 days to gather the information.

What happens next depends on whether police or prosecutors want to redact certain information or object to the records going out, which lands the process in court.

Bodney called that "a bureaucratic maze of deadlines."

By contrast, the latest draft of Paton's measure — the one requiring prompt release of CPS information — does allow prosecutors to object first. But they would have to show the release would cause "specific material harm to a criminal investigation."

The ultimate decision would be made by a judge who could order the release of otherwise confidential information with a determination the rights of those seeking the information and any benefits from making it public outweigh the privacy rights of the parties and any detrimental effects of disclosure.

Hershberger said the provisions in his bill are designed to ensure prosecutors get sufficient opportunity to review any records "to see that we don't muck up a prosecution."

One other potential key difference stems from the fact Paton's bill would require the release of all CPS "information." That is defined as everything the agency gathers during the course of an investigation, from the time the file is opened until it is closed.

Hershberger's legislation, however, talks about the release of CPS "records," which the media attorneys said actually could be a much narrower group of documents.

But Hershberger said he isn't married to his specific verbiage, suggesting a "blending" of the two measures might be appropriate.