Official Summary Text
SB1476 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1476
child
neglect; prenatal substance exposure
Purpose
Classifies
child neglect
as a class 6 felony when committed by a
person engaging in conduct that involves exposing a newborn infant to dangerous
or narcotic drugs or a clinical diagnosis consistent with fetal alcohol
syndrome as determined by a health professional. Stipulates that it is an
affirmative defense to
child neglect
if the defendant is the mother of
the child and completed alcohol or drug treatment during the pregnancy.
Background
Statute governing child safety outlines conditions which constitute child
neglect, including when there is: 1) a determination by a health professional
that a newborn infant was exposed to a dangerous or narcotic drug or substance
and the exposure was not the result of a medical treatment administered to the
mother or newborn infant by a health professional; or 2) a diagnosis by a
health professional of an infant under one year of age with clinical findings
consistent with fetal alcohol syndrome or fetal alcohol effects (
A.R.S.
� 8-201
).
After a routine newborn infant's physical assessment or following
notification of a newborn infant's positive toxicology screen, a regulated
health care professional who reasonably believes that the newborn infant may be
affected by the presence of alcohol or dangerous or narcotic drugs must
immediately report the information, or cause a report to be made to the
Department of Child Safety (
A.R.S.
� 13-3620
).
Any person who, under circumstances likely to produce death or serious
physical injury, causes a child to suffer serious physical injury, permits the
person or health of the child to be injured or places the child in a situation
where the person or health of the child is endangered is guilty of a: 1) class
2 felony, if done knowingly or intentionally; 2) class 3 felony, if done
recklessly; and 3) class 4 felony, if done with criminal negligence. A person
who, under circumstances other than those likely to produce death or serious
injury, causes a child to suffer serious physical injury or abuse, permits the
person or health of the child to suffer or places the child in a situation that
endangers the person or health of the child is guilty of a: 1) class 4 felony,
if done intentionally or knowingly; 2) class 5 felony, if done recklessly; and
3) class 6 felony, if done with criminal negligence (
A.R.S.
� 13-3623
).
There is no anticipated fiscal impact
to the state General Fund associated with this legislation.
Provisions
1.
Specifies
that a person having custody of a child commits
child neglect
by
engaging in conduct that harms the child and that involves:
a)
exposing a newborn infant to a dangerous or narcotic drug or substance
as determined by a health professional; or
b)
a
clinical finding consistent with fetal alcohol syndrome or fetal alcohol
effects as diagnosed by a health professional.
2.
Establishes that it is an affirmative defense to
child neglect
if
the defendant is the mother of the child, and the mother completed alcohol or
drug treatment during the mother's pregnancy.
3.
Classifies
child neglect
as a class 6 felony.
4.
Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
ZD/KS/ci
Current Bill Text
Read the full stored bill text
SB1476 - 572R - S Ver
CORRECTED
Senate Engrossed
child neglect;
prenatal substance exposure
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1476
AN
ACT
Amending title 13, chapter 36, Arizona Revised
Statutes, by adding section 13-3619.01; relating to family offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 36, Arizona
Revised Statutes, is amended by adding section 13-3619.01, to read:
START_STATUTE
13-3619.01.
Child neglect; affirmative defense; classification
A. A person having custody of a child
commits child neglect by engaging in conduct that harms the child and that
involves neglect as defined in section 8-201, paragraph 25, subdivision (
c
) or (
d
).
B. It is an affirmative defense to a
violation of this section if the person is the mother of the child and during
the mother's pregnancy, the mother completed alcohol or drug treatment.
C. Child neglect is a class 6 felony.
END_STATUTE