Arizona Child Abandonment Laws: ARS 8-201 & ARS 8-531 Definitions Termination of Parent Child Relationship Arizona

Arizona Child Abandonment Laws ARS 8-201 & ARS 8-531

Child Abandonment in AZ

Child Abandonment in AZChild abandonment in the AZ is a serious offense that can result in significant legal consequences, including fines and imprisonment, and can carry particularly severe penalties if it results in harm to the child. In addition to criminal law, child abandonment also has implications on family law. Here are 2 Arizona child abandonment laws. “ARS” means “Arizona Revised Statutes”. So, if you’re searching for information about “Arizona statutes termination of parental rights”, the information below is worth reviewing.

  • A.R.S. §8-531 provides definitions related to the Termination of Parent-Child Relationship (Article 5) in the Department of Child Safety section (Chapter 4) of A.R.S. Title 8 – Child Safety.
  • A.R.S. §8-201 provides definitions related to the General Provisions (Article 1) in the Juvenile Court section (Chapter 2) of A.R.S. Title 8 – Child Safety.

To be clear, these aren’t necessarily the only 2 Arizona child abandonment laws. You should always speak to an experienced family lawyer in Arizona if you have questions about child abandonment laws in Arizona.

ARS 8-531 Definitions: Termination of Parent-Child Relationship

8-531Definitions

In this article, unless the context otherwise requires:

  1. “Abandonment” means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding 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 six months constitutes prima facie evidence of abandonment.
  2. “Agency” means an agency licensed by the division to place children for adoption.
  3. “Child” means a person less than eighteen years of age.
  4. “Custodian” means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court of competent jurisdiction.
  5. “Custody” or “legal custody” means a status embodying all of the following rights and responsibilities:
    1. The right to have physical possession of the child.
    2. The right and the duty to protect, train and discipline the child.
    3. The responsibility to provide the child with adequate food, clothing, shelter, education and medical care, provided that such rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person and subject to the residual parental rights and responsibilities if they have not been terminated by judicial decree.

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  1. “Division” means the department.
  2. “Guardian ad litem” means a person appointed by the court to protect the interest of a minor or an incompetent in a particular case before the court.
  3. “Guardianship of the person” with respect to a minor means the duty and authority to make important decisions in matters affecting the minor including but not necessarily limited either in number or kind to:
    1. The authority to consent to marriage, to enlistment in the armed forces of the United States and to major medical, psychiatric and surgical treatment, to represent the minor in legal actions and to make other decisions concerning the child of substantial legal significance.
    2. The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order.
    3. The rights and responsibilities of legal custody, except where legal custody has been vested in another individual or in an authorized agency.
    4. When the parent-child relationship has been terminated by judicial decree with respect to the parents, or only living parent, or when there is no living parent, the authority to consent to the adoption of the child and to make any other decision concerning the child that the child’s parents could make.
  4. “Juvenile court” means the juvenile division of the superior court.
  5. “Parent” means the natural or adoptive mother or father of a child.
  6. “Parent-child relationship” includes all rights, privileges, duties and obligations existing between parent and child, including inheritance rights.
  7. “Parties” includes the child, the petitioners and any parent of the child required to consent to the adoption pursuant to section 8-106.

Source: Arizona State Legislature


ARS 8-201 Definitions: Juvenile Court General Provisions from ARS Title 8 – Child Safety

8-201Definitions

In this title, unless the context otherwise requires:

  • 1. “Abandoned” means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandoned includes a judicial finding 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 six months constitutes prima facie evidence of abandonment.
  • 2. “Abuse” means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child. Abuse includes:
    • (a) Inflicting or allowing sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553, incest pursuant to section 13-3608 or child sex trafficking pursuant to section 13-3212.
    • (b) 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 as defined in section 13-3401.
    • (c) Unreasonable confinement of a child.
  • 3. “Adult” means a person who is eighteen years of age or older.
  • 4. “Adult court” means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8-327 and 13-501.
  • 5. “Award” or “commit” means to assign legal custody.
  • 6. “Child”, “youth” or “juvenile” means an individual who is under eighteen years of age.
  • 7. “Complaint” means a written statement of the essential facts constituting a public offense that is any of the following:
    • (a) Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer.
    • (b) Made pursuant to section 13-3903.
    • (c) Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to section 13-4261.
  • 8. “Criminal conduct allegation” means an allegation of conduct by a parent, guardian or custodian of a child or an adult member of the victim’s household that, if true, would constitute any of the following:
    • (a) A violation of section 13-3623 involving child abuse.
    • (b) A felony offense that constitutes domestic violence as defined in section 13-3601.
    • (c) A violation of section 13-1404 or 13-1406 involving a minor.
    • (d) A violation of section 13-1405, 13-1410 or 13-1417.
    • (e) Any other act of abuse that is classified as a felony.
    • (f) An offense that constitutes domestic violence as defined in section 13-3601 and that involves a minor who is a victim of or was in imminent danger during the domestic violence.
  • 9. “Custodian” means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court.
  • 10. “DCS report” means a communication received by the centralized intake hotline that alleges child abuse or neglect and that meets the criteria for a report as prescribed in section 8-455.
  • 11. “Delinquency hearing” means a proceeding in the juvenile court to determine whether a juvenile has committed a specific delinquent act as set forth in a petition.
  • 12. “Delinquent act” means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under section 13-501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense.
  • 13. “Delinquent juvenile” means a child who is adjudicated to have committed a delinquent act.
  • 14. “Department” means the department of child safety.
  • 15. “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.
      • (iii) A child 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.
      • (iv) Under eight years of age and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child.
      • (v) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13-706.
    • (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.
  • 16. “Detention” means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation.
  • 17. “Director” means the director of the department.
  • 18. “Health professional” has the same meaning prescribed in section 32-3201.
  • 19. “Incorrigible child” means a child who:
    • (a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person.
    • (b) Is habitually truant from school as defined in section 15-803, subsection C.
    • (c) Is a runaway from the child’s home or parent, guardian or custodian.
    • (d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.
    • (e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.
    • (f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.
  • 20. “Independent living program” includes a residential program with supervision of less than twenty-four hours a day.
  • 21. “Juvenile court” means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility.
  • 22. “Law enforcement officer” means a peace officer, sheriff, deputy sheriff, municipal police officer or constable.
  • 23. “Medical director of a mental health agency”:
    • (a) Means a psychiatrist, or licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director.
    • (b) Includes the superintendent of the state hospital.
  • 24. “Mental health agency” means any private or public facility that is licensed by this state as a mental health treatment agency, a psychiatric hospital, a psychiatric unit of a general hospital or a residential treatment center for emotionally disturbed children and that uses secure settings or mechanical restraints.
  • 25. “Neglect” or “neglected” means:
    • (a) 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, except if the inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services.
    • (b) 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 as defined in section 13-3401.
    • (c) A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in section 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. This subdivision does not expand a health professional’s duty to report neglect based on prenatal exposure to a drug or substance listed in section 13-3401 beyond the requirements prescribed pursuant to section 13-3620, subsection E. The determination by the health professional shall be based on one or more of the following:
      • (i) Clinical indicators in the prenatal period including maternal and newborn presentation.
      • (ii) History of substance use or abuse.
      • (iii) Medical history.
      • (iv) Results of a toxicology or other laboratory test on the mother or the newborn infant.
    • (d) 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.
    • (e) Deliberate exposure of a child by a parent, guardian or custodian to sexual conduct as defined in section 13-3551 or to sexual contact, oral sexual contact or sexual intercourse as defined in section 13-1401, bestiality as prescribed in section 13-1411 or explicit sexual materials as defined in section 13-3507.
    • (f) 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:
    • (i) Sexual contact as defined in section 13-1401.
      • (ii) Oral sexual contact as defined in section 13-1401.
      • (iii) Sexual intercourse as defined in section 13-1401.
      • (iv) Bestiality as prescribed in section 13-1411.
  • 26. “Newborn infant” means a child who is under thirty days of age.
  • 27. “Petition” means a written statement of the essential facts that allege delinquency, incorrigibility or dependency.
  • 28. “Prevention” means the creation of conditions, opportunities and experiences that encourage and develop healthy, self-sufficient children and that occur before the onset of problems.
  • 29. “Protective supervision” means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible.
  • 30. “Qualified young adult” means a former dependent child who is at least eighteen years of age and not over twenty-one years of age, who meets the criteria for an extended foster care program pursuant to section 8-521.02 and who signs a voluntary agreement to participate in the program.
  • 31. “Referral” means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act.
  • 32. “Secure care” means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress.
  • 33. “Serious emotional injury” means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following:
    • (a) Seriously impairs mental faculties.
    • (b) Causes serious anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment.
    • (c) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.
  • 34. “Serious physical injury” means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following:
    • (a) Creates a reasonable risk of death.
    • (b) Causes serious or permanent disfigurement.
    • (c) Causes significant physical pain.
    • (d) Causes serious impairment of health.
    • (e) Causes the loss or protracted impairment of an organ or limb.
    • (f) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.
  • 35. “Shelter care” means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community.
  • 36. “Young adult administrative review” means an administrative review of a voluntary extended foster care case plan with the qualified young adult, the department’s case specialist or designee, an independent party who is not responsible for the case management of or the delivery of services to the qualified young adult and any other individual the young adult invites.

Source: Arizona State Legislature


Related AZ Child Abandonment Resources

For more information on Family Law in Arizona click to review the following Articles and Resources:

Child Abandonment Laws in Arizona

FAQs About Child Abandonment in Arizona

How long does a father have to be absent to lose his rights in Arizona?

A mother or father has to be absent at least 6 months to lose their parental rights in Arizona. Both ARS 8-201 & ARS 8-531 say, “Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.”

How to prove abandonment of a child in Arizona?

If you’re wondering what is considered child abandonment in Arizona or how to prove child abandonment, ARS 8-531 (1) defines abandonment of a child in Arizona: “‘Abandonment’ means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding 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 six months constitutes prima facie evidence of abandonment.” Proving this in court can be a complicated task. Thankfully, the Arizona family lawyers at Stewart Law Group have experience with child abandonment cases in Arizona. With offices throughout the Valley, there’s likely one near you – and of course, phone and video consultations are also available. Contact us today.

What is considered abandonment of a child by non-custodial parent?

According to ARS 8-531, “‘Abandonment’ means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding 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 six months constitutes prima facie evidence of abandonment.” ARS 8-531 defines “Parent” as “the natural or adoptive mother or father of a child.”

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