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ARIZONA

MEDICAL NEGLECT STATUTES

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CIVIL MEDICAL NEGLECT STATUTE

No child given Christian Science treatment in good faith by a duly accredited practitioner shall be considered to be an abused, neglected or dependent child for that reason alone.

Arizona Civil Statute:

“Dependent child”:

(a) Means a child who is adjudicated to be:

(i) In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control.

(ii) Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care, or whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian, or any other person having custody or care of the child. . . .

(b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists.

Arizona Revised Statutes §8-201.13(b)

Prohibition: [N]o child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner shall, for that reason alone, be considered to be an abused, neglected or dependent child.

Arizona Revised Statutes §8-201.01

[N]o child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner shall, for that reason alone, be considered to be an abused, neglected or dependent child.

Arizona Revised Statutes §8-531.01 (deals with termination of parental rights)

CRIMINAL MEDICAL NEGLECT STATUTE

There is no religious exemption to criminal liability for parents failing to provide medical care based on faith. However, there is a broad exception to the reporting requirement for clergy and Christian Science practitioners.

Arizone Criminal Statute:
A person having custody of a minor under sixteen years of age who knowingly causes or permits the life of such minor to be endangered, its health to be injured or its moral welfare to be imperiled, by neglect, abuse or immoral associations, is guilty of a class 1 misdemeanor.

Arizona Revised Statutes §13-3619

A.  . . . A member of the clergy, a Christian Science practitioner or a priest who has received a confidential communication or a confession in that person’s role as a member of the clergy, as a Christian Science practitioner or as a priest in the course of the discipline enjoined by the church to which the member of the clergy, the Christian Science practitioner or the priest belongs may withhold reporting of the communication or confession if the member of the clergy, the Christian Science practitioner or the priest determines that it is reasonable and necessary within the concepts of the religion. This exemption applies only to the communication or confession and not to personal observations the member of the clergy, the Christian Science practitioner or the priest may otherwise make of the minor. For the purposes of this subsection, “person” means:
1. Any physician, physician’s assistant, optometrist, dentist, osteopathic physician, chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor or social worker who develops the reasonable belief in the course of treating a patient.
2. Any peace officer, child welfare investigator, child safety worker, member of the clergy, priest or Christian Science practitioner.
. . .
L. In any civil or criminal litigation in which a child’s neglect, dependency, physical injury, abuse, child abuse or abandonment is an issue, a member of the clergy, a Christian Science practitioner or a priest shall not, without his consent, be examined as a witness concerning any confession made to him in his role as a member of the clergy, a Christian Science practitioner or a priest in the course of the discipline enjoined by the church to which he belongs. This subsection does not discharge a member of the clergy, a Christian Science practitioner or a priest from the duty to report pursuant to subsection A of this section.
Arizona Revised Statutes §§13-3620 (A), (L)

 

The information provided is solely for informational purposes and is not legal advice. To determine the Arizona SOL in a particular case, contact a lawyer in the state.

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