Bill Text: AZ SB1461 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced


Bill Title: Independent activities; neglect; prohibition

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced - Dead) 2019-02-06 - Senate read second time [SB1461 Detail]

Download: Arizona-2019-SB1461-Introduced.html

 

 

 

REFERENCE TITLE: independent activities; neglect; prohibition

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

SB 1461

 

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

 

 

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:

START_STATUTE8-201.01.  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. END_STATUTE

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