ARIZONA STATE SENATE
Phoenix, Arizona
children’s behavioral health
Clarifies that a parent’s refusal to administer psychiatric
medication to a child is not abuse or neglect by itself, nor is it sufficient
reason to take the child into temporary custody.
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 psychiatric 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.
1. States that a parent’s or guardian’s refusal to administer psychiatric medication to a child is not abuse or neglect.
2. States that a parent’s or guardian’s refusal to administer psychiatric 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.
Prepared by Senate Staff
February 7, 2002