Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1246
child neglect; exception; financial resources
Purpose
Excludes, from actions constituting neglect of a child, the inability of a parent or guardian
to provide a child with supervision, food, clothing, shelter or medical care solely due to a lack of
available financial resources.
Background
DCS is responsible for investigating reports of abuse and neglect relating to children and
coordinating services to maintain permanency on behalf of the child, strengthening the family and
providing prevention, intervention and treatment services (A.R.S. § 8-451).
Current statute defines neglect or neglected as: 1) the inability or unwillingness of a parent,
guardian or custodian to provide a child with supervision, food, clothing, shelter or medical care
to the point it risks harm to the child's health or welfare; 2) allowing a child to enter or remain in
any structure or vehicle with volatile, toxic or flammable chemicals or equipment with the intent
and purpose of manufacturing a dangerous drug; 3) a determination by a health professional that a
newborn infant was exposed prenatally to a drug or substance and that this exposure was not the
result of a medical treatment; 4) a diagnosis of fetal alcohol syndrome or fetal alcohol effects for
an infant under one year old; and 5) deliberate exposure of a child to sexual conduct. The inability
of a parent, guardian or custodian to meet the needs of a disabled or chronically ill child solely due
to the lack of reasonable services is excluded from acts constituting neglect (A.R.S. § 8-201).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1) Excludes, from the definition of neglect of a child, the inability of a parent, guardian or
custodian to provide a child with supervision, food, clothing, shelter or medical care solely due
to a lack of available financial resources.
2) Modifies the definition of neglect or neglected to include cases in which the inability or
unwillingness to provide for a child presents an imminent risk of serious harm, rather than
causes substantial risk of harm, to the child's health or welfare.
3) Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2025
MM/AO/slp