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REFERENCE TITLE: independent activities; neglect; prohibition |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1461 |
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Introduced by Senators Mendez: Alston, Dalessandro, Gonzales, Peshlakai, Quezada, Rios, Steele; Representatives Andrade, Butler, Epstein, Gabaldón, Hernandez A, Longdon, Peten, Powers Hannley, Rodriguez, Salman, Sierra, Teller, Terán, Tsosie
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AN ACT
amending section 8‑201.01, Arizona Revised Statutes; relating to child neglect.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-201.01, Arizona Revised Statutes, is amended to read:
8-201.01. Prohibitions
A. Notwithstanding any other provision of this chapter or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 of this title:
1. A child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner shall not, for that reason alone, be considered to be an abused, neglected or dependent child.
2. A child whose parent, guardian or custodian refuses to put the child on a psychiatric medication or questions the use of a psychiatric medication shall not be considered to be an abused, neglected or dependent child for that reason alone.
B. A parent may not be considered as having abused, neglected or abandoned or be charged with abuse, neglect or abandonment of a biological, foster or adoptive child solely for seeking inpatient treatment or an out‑of‑home placement if the child's behavioral health needs pose a risk to the safety and welfare of the family.
C. A parent may not be considered as having abused or neglected or be charged with abuse or neglect of a child solely for bringing into the home a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family.
D. A parent may not be considered as having neglected or be charged with neglect of a child solely for allowing a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including:
1. Traveling to and from school, including by walking, running or bicycling.
2. Traveling to or from nearby commercial or recreational facilities.
3. Playing outdoors.
4. Remaining in a vehicle unattended, unless both of the following are true:
(a) The child is under nine years of age.
(b) The conditions present a risk to the child of hyperthermia, hypothermia or dehydration.
5. remaining at home unattended.