Definitions of Child Abuse and Neglect - Arizona

Date:

Physical Abuse

Citation: Rev. Stat. § 8-201

'Abuse' means any of the following:

  • Inflicting or allowing physical injury, impairment of bodily function, or disfigurement
  • Physical injury that results from allowing a child to enter or remain in any structure or vehicle in which volatile, toxic, or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug
  • Unreasonable confinement of a child

'Serious physical injury' means an injury that is diagnosed by a medical doctor and that does one or a combination of any of the following:

  • Creates a reasonable risk of death
  • Causes serious or permanent disfigurement
  • Causes significant physical pain
  • Causes serious impairment of health
  • Causes the loss or protracted impairment of an organ or limb
  • Is the result of sexual abuse, sexual conduct with a minor, sexual assault, molestation of a child, child sex trafficking, commercial sexual exploitation of a minor, sexual exploitation, or incest

Neglect

Citation: Rev. Stat. § 8-201

'Neglect' or 'neglected' means any of the following:

  • 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 substantial risk of harm to the child's health or welfare
  • Allowing a child to enter or remain in any structure or vehicle in which volatile, toxic, or flammable chemicals are found or equipment is possessed by any person with the intent and for the purpose of manufacturing a dangerous drug
  • A determination by a health professional that a newborn infant was prenatally exposed to a drug or substance listed in § 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional
  • A diagnosis by a health professional of an infant under age 1 with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects

The determination by a health professional of prenatal exposure to a controlled substance shall be based on one or more of the following:

  • Clinical indicators in the prenatal period, including maternal and newborn presentation
  • History of substance use or abuse
  • Medical history
  • Results of a toxicology or other laboratory test on the mother or the newborn infant

Sexual Abuse/Exploitation

Citation: Rev. Stat. § 8-201

The term 'abuse' includes any of the following:

  • Inflicting or allowing sexual abuse
  • Sexual conduct with a minor
  • Sexual assault
  • Molestation of a child
  • Commercial sexual exploitation of a minor
  • Sexual exploitation of a minor
  • Incest
  • Child sex trafficking

The term 'neglect' includes the following:

  • Deliberate exposure of a child by a parent, guardian, or custodian to sexual conduct, as defined in § 13-3551; sexual contact; oral sexual contact; sexual intercourse; bestiality; or explicit sexual materials
  • 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:
    • Sexual contact
    • Oral sexual contact
    • Sexual intercourse
    • Bestiality

Emotional Abuse

Citation: Rev. Stat. § 8-201

The term 'abuse' includes inflicting or allowing another person to cause serious emotional damage to a child, as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior, and such emotional damage is diagnosed by a medical doctor or psychologist, and the damage has been caused by the acts or omissions of an individual having care, custody, and control of a child.

'Serious emotional injury' means an injury that is diagnosed by a medical doctor or a psychologist and that does one or a combination of any of the following:

  • Seriously impairs mental faculties
  • Causes serious anxiety, depression, withdrawal, or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment
  • Is the result of sexual abuse, sexual conduct with a minor, sexual assault, molestation of a child, child sex trafficking, commercial sexual exploitation of a minor, sexual exploitation of a minor, or incest

Abandonment

Citation: Rev. Stat. § 8-201

'Abandoned' means the following:

  • The failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision
  • That a parent has made only minimal efforts to support and communicate with the child

Failure to maintain a normal parental relationship with the child without just cause for a period of 6 months shall constitute prima facie evidence of abandonment.

Standards for Reporting

Citation: Rev. Stat. § 13-3620

A report is required when a mandatory reporter reasonably believes that a child is or has been the victim of physical injury, abuse or child abuse, a reportable offense (including child pornography, child sex trafficking, or incest), or neglect that appears to have been inflicted on the child by other than accidental means or that is not explained by the available medical history as being accidental in nature, or the person reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant.

Persons Responsible for the Child

Citation: Rev. Stat. § 8-201

Responsible persons include the following:

  • The parent
  • A person having care, custody, and control of a child

Exceptions

Citation: Rev. Stat. § 8-201

A dependent child does not include a child who, in good faith, is being furnished Christian Science treatment by a duly accredited practitioner.

A child is not considered neglected if a parent's inability to meet the needs of the child is due solely to the unavailability of reasonable services.