Assigned to FFL                                                                                                                      FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2041

 

child neglect; financial resources; exception

Purpose

Prohibits a parent, guardian or custodian from being considered as abusing or neglecting a child based solely on the inability to provide supervision, food, clothing, shelter or medical care due to a lack of financial resources.

Background

Statute outlines circumstances that constitute child neglect, including the inability or unwillingness of a parent, guardian or custodian of a child to provide the child with supervision, food, clothing, shelter or medical care, if the inability or unwillingness causes substantial risk of harm to the child's health or welfare. The inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness based solely on the unavailability of reasonable services does not constitute child neglect (A.R.S. § 8-201).

Any person with a mandatory duty to report who reasonably believes that a minor is or has been the victim of non-accidental physical injury, abuse, neglect, deprivation of necessary medical treatment, surgical care or nourishment must immediately report the information to a peace officer, the Department of Child Safety or a tribal agency, if applicable. A mandatory reporter includes:
1) any medical and behavioral health professional; 2) law enforcement and child-welfare personnel; 3) a member of the clergy; 4) a parent, stepparent or guardian of a minor; 5) school personnel; and 6) any other person who is responsible for a minor's care or treatment. The report of abuse must outline the suspected abuse, neglect, serious physical injury, deprivation of necessary medical treatment or nourishment and include relevant identifying information and details about the nature and circumstances of the suspected harm (A.R.S. § 13-3620).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Prohibits a parent, guardian or custodian from being considered as having abused or neglected, or being charged with abuse or neglect of a child, based solely on the inability of the parent, guardian or custodian to provide the child with supervision, food, clothing, shelter or medical care, if the inability is due solely to a lack of financial resources available.

2.   Makes technical changes.

3.   Becomes effective on the general effective date.

House Action

GOV               2/19/26      DPA    6-0-0-1

3rd Read          3/5/26                    48-0-11-0-1

Prepared by Senate Research

March 17, 2026

AN/ci