State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2300: S/E neglect; definition

PRIME SPONSOR: Representative Townsend, LD 16

BILL STATUS: Appropriations

                JPS: W/D 0-0-0-0

Legend: DCS-Department of Child Safety Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to the definition of neglect.

Provisions

1.       Defines neglect for purposes of child welfare as the inability/unwillingness of a parent, guardian or custodian to provide the child with supervision, food, clothing, shelter or medical care if the inability/unwillingness causes substantial risk of harm to the child's health or welfare.

a.       Current standard is "unreasonable" risk of harm.

Current Law

A.R.S. Title 8, Ch. 4 outlines the duties and responsibilities of DCS. A.R.S. § 8-451 declares that the purpose of DCS is to protect children by focusing on:

·         Investigating reports of abuse and neglect;

·         Assessing, promoting and supporting the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect;

·         Working cooperatively with law enforcement on reports of criminal conduct allegations; and

·         Coordinating services to achieve and maintain permanency, strengthen the family and provide prevention, intervention and treatment services-without compromising child safety.

A.R.S. § 8-201 defines numerous terms relevant to the role of DCS, including neglect. The definition of neglect encompasses several concepts, including:

"The inability/unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability/unwillingness causes unreasonable risk of harm to the child's health or welfare (except if the inability to provide specific services is due to the unavailability of services)."

Laws 2009, Ch. 126 made numerous changes to the DCS statutes, including amending the definition of neglect. In part, Ch. 126 changed the standard from "substantial risk of harm" to "unreasonable risk of harm."

Additional Information

The most recent DCS Monthly Report can be found here.

 

 

 

 

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Fifty-third Legislature                  HB 2300

Second Regular Session                               Version 1: Appropriations

 

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