Arizona Child Neglect and Child Abandonment Laws

Child abandonment and neglect are serious offenses in Arizona. Child abandonment is defined as a parent's failure to provide necessary support and maintain regular contact with a minor child. Neglect involves a caregiver's failure to provide essential care, which can result in harm to the child's health or welfare.

These laws underscore Arizona's commitment to protecting the well-being of children. Penalties range from misdemeanor or felony charges, depending on the circumstances and severity of the offense.

Child neglect and abandonment legal statutes and associated penalties can be confusing. Contact an Arizona criminal defense attorney to learn more about these charges.

This article explains Arizona child neglect and abandonment laws, mandatory reporting, and criminal penalties. The chart provides links to the full statutes governing these offenses.

State of Arizona: Child Abandonment

Arizona defines child abandonment as the failure of a parent to provide reasonable support to a child including providing normal supervision and maintaining normal contact with a child (under the age of 18).

A parent who has made only minimal efforts to support and communicate with their child may also be found guilty of child abandonment. To establish clear evidence of child abandonment, a parent must fail to maintain a normal parental relationship with a child without just cause for a period of six months.

State of Arizona: Child Neglect

Arizona defines child neglect as the inability or unwillingness of a parent, guardian, or custodian of a child to provide that child with supervision, food, clothing, shelter, or medical care if that inability or unwillingness causes unreasonable risk of harm to the child's health or welfare.

One exception to this rule is if the parent, guardian, or custodian is unable to provide services to meet the needs of a child with a disability or chronic illness because reasonable services are unavailable.

Child neglect also includes allowing a child to enter or remain in any structure or vehicle in which volatile, toxic, or flammable chemicals or equipment used for the purposes of manufacturing a dangerous drug are found.

The finding of child neglect also includes a determination by a health professional that a newborn infant was exposed prenatally to a drug or substance or that an infant under one year of age is diagnosed with fetal alcohol syndrome or fetal alcohol effects.

Finally, child neglect encompasses any of the following acts committed by the child's parent, guardian, or custodian with reckless disregard as to whether the child is physically present:

Who Is a Mandated Reporter in Arizona?

Arizona law requires certain people to report child neglect or child abandonment. Mandated reporters include:

  • Health care professionals
  • Peace officers and law enforcement officers
  • Social services workers
  • School personnel
  • Clergy
  • Parents, stepparents, and guardians

Mandated reporters should use the Online Reporting Service for Mandated Reporters through the Department of Child Safety (DCS).

Anonymous parties who are concerned about a child's health or welfare can report to the Arizona Child Abuse Hotline at 1-888-SOS-CHILD (1-888-767-2445). You can also report to local law enforcement.

Arizona Child Abandonment and Child Neglect Laws at a Glance

The table below highlights criminal penalties for child abandonment and child neglect in Arizona. Follow the link in each box for the full legal statute.

Crime

Sentence

Child Abandonment or Neglect (minimal penalty)

Arizona Revised Statutes (ARS) § 13-3619, et seq.

  • Class 1 Misdemeanor
  • Up to 6 months in prison
  • 3 years of probation
  • $2,500 fine plus surcharges

Child Abandonment or Neglect (if done intentionally)

Arizona Revised Statutes (ARS) § 13-3623, et seq.

  • Class 2 Felony
  • Minimum prison term of 4 years

Child Abandonment or Neglect (if done recklessly)

 

Arizona Revised Statutes (ARS) § 13-3623, et seq.

  • Class 3 Felony
  • Minimum prison term of 2 years

Child Abandonment or Neglect (if done negligently)

Arizona Revised Statutes (ARS) § 13-3623, et seq.

  • Class 4 Felony
  • Minimum prison term of 1 year

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Child Neglect and Abandonment in AZ: Related Resources

Use the links below to learn more about child neglect and abandonment laws in Arizona.

Need Help Understanding Arizona Child Neglect and Abandonment Laws? Get Legal Advice

child abandonment and child neglect are serious crimes in Arizona. They carry steep criminal penalties and can also lead to loss of child custody, termination of parental rights, and other significant legal consequences.

If you’re facing charges for this type of crime, it’s crucial you understand the penalties and defenses associated with child abuse and neglect. An attorney in your area can explain your rights under the law and help you navigate the next steps.

Contact an experienced criminal defense attorney in Arizona to learn more. Use FindLaw’s Attorney Directory to find a skilled attorney in Phoenix, Scottsdale, or another Arizona city or county.

 

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