ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: JUDE DP 4-2-1-0 | Third Read 16-12-2-0-0

House: JUD DP 7-2-0-1

SB 1476: child neglect; prenatal substance exposure

Sponsor: Senator Bolick, LD 2

Caucus & COW

Overview

Establishes the elements of child neglect, classifies it as a class 6 felony and outlines an affirmative defense.

History

Statute defines neglect to mean any of the following:

1) the inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care;

2) allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person with the intent and for the 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;

4) diagnosis by a health professional of an infant under one year of age with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects; or

5) deliberate exposure of a child by a parent, guardian or custodian to sexual conduct (A.R.S. § 8-201).

Provisions

1. Establishes that a person commits child neglect if she, while having custody of a child, engages in conduct that harms the child and a determination is made by a health professional that either:

a. the child was exposed prenatally to a drug or substance; or

b. there are clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects. (Sec. 1)

2. Classifies child neglect as a class 6 felony. (Sec. 1)

3. Allows a person to claim an affirmative defense to the aforementioned offense if the person is the mother of the child and during her pregnancy, she completed alcohol or drug treatment. (Sec. 1)

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7. Initials NM/NP SB 1476

8. 3/26/2026 Page 0 Caucus & COW

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