ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2462: child neglect; financial resources; exception

S/E: exception; child neglect; financial resources

Sponsor: Representative Stahl Hamilton, LD 21

Committee on Government

 

Summary of the Strike-Everything Amendment to HB 2462

Overview

Specifies a parent, guardian or custodian's inability to provide specified resources to a child solely due to a lack of financial resources does not constitute neglect.

History

The Department of Child Safety (DCS) has a statutory purpose of protecting children, including investigating reports of abuse and neglect, promoting the safe placement of a child in response to abuse or neglect allegations and working with law enforcement regarding potential criminal conduct (A.R.S. § 8-451). 

Currently, statute defines neglect or neglected as a parent, guardian or custodian of a child's inability or unwillingness to provide the child with supervision, food, clothing, shelter or medical care, when this poses a danger or risk to the welfare of the child.  The definition also specifies neglect or neglected includes allowing a child to enter into structures with dangerous chemicals or equipment, the determination, by a health professional, that an infant was prenatally exposed to a specified drug or substance, deliberate exposure of a child by a parent to sexual conduct or a diagnosis of fetal alcohol syndrome (A.R.S. § 8-201).

Provisions

1.   Prohibits a parent, guardian or custodian of a child from being considered as having neglected that child if they are unable to provide the child with supervision, food, clothing, shelter or medical care solely due to a lack of financial resources. (Sec. 1)

2.   Specifies a risk of serious harm from not providing specified items to the child is necessary to constitute neglect by a parent, guardian or custodian of a child. (Sec. 1)

3.   Makes technical changes. (Sec. 1)

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7.                     HB 2462

8.   Initials JH/SR     Page 0 Government

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