ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: GOV DPA 6-0-0-1 | HHS W/D

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

HB 2041: child neglect; financial resources; exception

Sponsor: Representative Fink, LD 27

House Engrossed

Overview

Prohibits a parent, guardian or custodian from being considered as having abused or neglected a child for a parent's inability to provide a child with supervision, food, clothing, shelter or medical care solely due to a lack of financial resources.

History

Neglect is a parent, guardian or custodian's inability or unwillingness to provide a child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare. Neglect does not include a parent's inability to provide services that meet a child's needs with a disability or chronic illness solely due to the unavailability of services. Further, in the determination of neglect, consideration is given to: 1) the parent's drug or alcohol abuse; and 2) the mother's use of a dangerous or narcotic drug or alcohol during the pregnancy or within a year after birth. Abuse includes the infliction or allowing of physical injury, bodily impairment or the infliction of or allowing of another person to cause serious emotional damage. (A.R.S. §§ 8-201, 8-819).

The Office of Child Welfare Investigations (OCWI) investigates Department of Child Safety (DCS) reports that include a criminal code allegation, such as neglect. The Child Welfare Investigators (CWIs) work with the county or municipal law enforcement agency and investigate to make findings that support or refute the report. CWIs are primarily responsible for determining whether the child will be taken into temporary custody based on if it is necessary to protect the child because exigent circumstances exist (A.R.S. §§ 8-471, 8-817 and 8-821).

Provisions

1.   Exempts a parent, guardian or custodian's inability to provide a child with supervision, food, clothing, shelter or medical care solely due to a lack of financial resources available from being considered as having abused or neglected or being charged with abuse or neglect of a child. (Sec. 1)

2.   Makes technical changes. (Sec. 1)

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6.   Initials ML/MN               HB 2041

7.   3/5/2026    Page 0 House Engrossed

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9.   ---------- DOCUMENT FOOTER ---------