Assigned to FS                                                                                                                            FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2312

 

parents; schools; psychotropic drugs

 

Purpose

 

 Clarifies that a parent’s refusal to administer or consent to the administration of any psychotropic medication to the child does not constitute abuse or neglect.

 

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.

           

CPS policy specifies that the failure to provide psychotropic medications to a child is not considered neglect, medical neglect or abuse. Psychotropic medications are a class of drugs prescribed to persons whose symptoms are diagnosed as psychologically based. Currently a CPS specialist must find evidence of substantial risk to a child 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, guardian or custodian’s refusal to administer any psychotropic medication to the child does not constitute abuse or neglect.

 

2.      States that a parent, guardian or custodian’s refusal to consent to the administration of any psychotropic medication to the child does not constitute abuse or neglect.

 

3.      Provides for a general effective date.

 

House Action

 

HS                   1/29/02            DP       6-4-0-0-0

3rd Read           3/21/02                        35-22-3-0

 

 

Prepared by Senate Staff

April 15, 2002