ARIZONA STATE SENATE
Phoenix, Arizona
limitation of authority
Purpose
Clarifies that a parent's refusal to administer psychotropic medication to a child is not abuse or neglect by itself, nor is it sufficient reason to take the child into temporary custody.
Background
The Department of Economic Security (DES) guidelines for substantiating an allegation of neglect requires a Child Protective Services (CPS) specialist to find probable cause that a parent's actions resulted in substantial risk of harm to the child's health or welfare.
Current CPS policy specifies that the failure to provide psychotropic medications to a child is not considered neglect, medical neglect or abuse. Evidence of substantial risk to a child is necessary to substantiate an allegation, and evidence of imminent danger to the child is necessary to remove a child from the home.
Provisions
1. States that a parent's or guardian's refusal to administer psychotropic medication to a child is not abuse or neglect.
2. States that a parent's or guardian's refusal to administer psychotropic medication to a child is not sufficient reason for CPS, a peace officer or the court to take a child into temporary custody.
3. Provides for a general effective date.
House Action
HS 2/13/01 DPA 6-4-0-0
3rd Read 3/1/01 35-24-1-0
Prepared by Senate Staff
April 2, 2001