Committee advances bill saying poverty alone cannot be treated as child neglect, members voice concerns about vague language
Summary
Senate Bill 1246, which would prevent poverty alone from being used to substantiate child neglect, was advanced by the House Health and Human Services Committee amid assurances from the Department of Child Safety and concerns from some lawmakers about vague language.
The Arizona House Committee on Health and Human Services recommended Senate Bill 1246 with a due-pass recommendation after testimony that mixed support with caution. The measure would bar considering a parent, guardian or custodian as having neglected a child solely because they lack financial resources to provide supervision, food, clothing, shelter or medical care. The bill also modifies the statutory definition of neglect to cover situations where the inability or unwillingness to provide those items creates a substantial risk of serious harm to a child’s health or welfare.
Chris Gustafson, speaking for the Department of Child Safety, said the department supported amendments that make clear poverty alone should not result in substantiation. “Our goal was to make sure that nobody is substantiated for, for poverty alone,” Gustafson said and added the department still wants to retain the ability to investigate when other factors may be present.
Gustafson told the committee that differences in intent and circumstance matter: if a parent is actively seeking services or working with social supports but lacks resources, the department would aim not to substantiate neglect solely for poverty; by contrast, failure to take available steps that amount to neglect could still be substantiated. He provided a hypothetical in which a homeless parent with a newborn who has a serious medical issue might prompt temporary custody to stabilize the child but not a long-term substantiation if the parent is actively working toward stability.
Several legislators raised concerns about the bill’s brevity and the potential for courts or investigators to interpret terms such as “supervision” too literally. Representatives asked how the language would apply in situations where parents must leave older children alone for work or where lack of resources contributes to malnutrition; Gustafson responded that investigators and courts would evaluate circumstances and the child’s age and needs.
Committee action: After discussion, the committee returned SB 1246 with a due-pass recommendation. The roll call recorded 11 ayes and 1 nay. Members who spoke during the hearing urged sponsors to consider tightening definitions, especially of “supervision,” before further action on the floor.
Details and next steps: The Department of Child Safety said it does not intend to substantiate parents for poverty alone and supported the amendment to that effect. Lawmakers drawn to the bill’s intent said they nonetheless worry that plain language changes may invite unintended legal results without clarifying definitions or guardrails.
