Assigned to HHS AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1246
child neglect; exception; financial resources
Purpose
Prohibits the inability of a parent, guardian or custodian to provide a child with supervision,
clothing, food, shelter or medical care, solely due to a lack of available financial resources, from
being considered neglect of a child.
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. Prohibits the inability of a parent, guardian or custodian to provide a child with supervision,
clothing, food, shelter or medical care, solely due to a lack of available financial resources,
from being considered neglect of a child.
2. Modifies the definition of neglect or neglected to include cases in which the inability or
unwillingness to provide a child with supervision, food, clothing, shelter or medical care causes
substantial risk of serious harm to the child's health or welfare.
3. Makes technical changes.
4. Becomes effective on the general effective date. FACT SHEET – Amended
S.B. 1246
Page 2
Amendments Adopted by Committee of the Whole
1. Removes, from the definition of neglect of a child, the exception for the inability of a parent,
guardian or custodian to provide a child with supervision, clothing, food, shelter or medical
care solely due to the lack of available financial resources.
2. Prohibits the inability of a parent, guardian or custodian to provide a child with supervision,
clothing, food, shelter or medical care, solely due to a lack of available financial resources,
from being considered neglect of a child.
3. Makes technical changes.
Senate Action
HHS 2/5/25 DP 7-0-0
Prepared by Senate Research
February 24, 2025
MM/AO/slp