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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
child neglect; prenatal substance exposure
Purpose
Classifies child neglect as a class 6 felony when committed by a person engaging in conduct that involves exposing a newborn infant to dangerous or narcotic drugs or a clinical diagnosis consistent with fetal alcohol syndrome as determined by a health professional. Stipulates that it is an affirmative defense to child neglect if the defendant is the mother of the child and completed alcohol or drug treatment during the pregnancy.
Background
Statute governing child safety outlines conditions which constitute child neglect, including when there is: 1) a determination by a health professional that a newborn infant was exposed to a dangerous or narcotic drug or substance and the exposure was not the result of a medical treatment administered to the mother or newborn infant by a health professional; or 2) a 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 (A.R.S. § 8-201).
After a routine newborn infant's physical assessment or following notification of a newborn infant's positive toxicology screen, a regulated health care professional who reasonably believes that the newborn infant may be affected by the presence of alcohol or dangerous or narcotic drugs must immediately report the information, or cause a report to be made to the Department of Child Safety (A.R.S. § 13-3620).
Any person who, under circumstances likely to produce death or serious physical injury, causes a child to suffer serious physical injury, permits the person or health of the child to be injured or places the child in a situation where the person or health of the child is endangered is guilty of a: 1) class 2 felony, if done knowingly or intentionally; 2) class 3 felony, if done recklessly; and 3) class 4 felony, if done with criminal negligence. A person who, under circumstances other than those likely to produce death or serious injury, causes a child to suffer serious physical injury or abuse, permits the person or health of the child to suffer or places the child in a situation that endangers the person or health of the child is guilty of a: 1) class 4 felony, if done intentionally or knowingly; 2) class 5 felony, if done recklessly; and 3) class 6 felony, if done with criminal negligence (A.R.S. § 13-3623).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that a person having custody of a child commits child neglect by engaging in conduct that harms the child and that involves:
a) exposing a newborn infant to a dangerous or narcotic drug or substance as determined by a health professional; or
b) a clinical finding consistent with fetal alcohol syndrome or fetal alcohol effects as diagnosed by a health professional.
2. Establishes that it is an affirmative defense to child neglect if the defendant is the mother of the child, and the mother completed alcohol or drug treatment during the mother's pregnancy.
3. Classifies child neglect as a class 6 felony.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
ZD/KS/ci