SB 1246
Initials AG/AB Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: HHS DP 7-0-0-0 | 3rd Read 30-0-0-0-0
House: HHS DP 11-1-0-0
SB1246: child neglect; exception; financial resources
Sponsor: Senator Farnsworth, LD 10
Caucus & COW
Overview
Prohibits a parent, guardian or custodian from being considered as having neglected a child
if the parent, guardian or custodian is unable to provide supervision, food, clothing, shelter
or medical care solely due to a lack of financial resources available. Modifies the definition of
neglect or neglected.
History
The Arizona Department of Child Safety's (DCS) sole purpose is to protect children. To
achieve this purpose, DCS focuses on investigating reports of abuse and neglect, promoting
the safe placement of a child in response to abuse or neglect allegations, working with law
enforcement regarding potential criminal conduct and coordinating services to maintain
placement for children and strengthen the family through prevention, intervention and
treatment services (A.R.S. § 8-451).
Neglect or neglected is defined as: 1) the inability or unwillingness of a parent, guardian or
custodian to provide a child with supervision, food, clothing, shelter or medical care if it
causes substantial harm to the child's health or welfare unless the inability to meet the needs
of the child is solely the result of unavailable resources; 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 dangerous drugs; 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 (A.R.S. § 8-201).
Provisions
1. Revises 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. (Sec. 1)
2. Prohibits a parent, guardian or custodian from being considered as having neglected a
child if the parent, guardian or custodian is unable to provide supervision, food, clothing,
shelter or medical care solely due to a lack of financial resources available. (Sec. 2)
3. Makes technical changes. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note