Ariz. Rev. Stat. » Title 8
Arizona Revised Statutes

Ariz. Rev. Stat. § 8-819 (2026)

Determination of neglect

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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8-819. Determination of neglect

In determining if a child is neglected, consideration shall be given to:

1. The drug or alcohol abuse of the child’s parent, guardian or custodian.

2. The use by the mother of a dangerous drug, a narcotic drug or alcohol during pregnancy if the child, at birth or within a year after birth, is demonstrably adversely affected by this use.  For the purposes of this paragraph, "dangerous drug" and "narcotic drug" have the same meaning prescribed in section 13-3401.

 

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2026 · leading case: In re Dependency as to A.O., No. 1 CA-JV 25-0146 (Ariz. Ct. App. Apr. 30, 2026).
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In re Dependency as to A.O., No. 1 CA-JV 25-0146 (Ariz. Ct. App. Apr. 30, 2026). · cites it 2× “Precluding Witnesses and Evidence ¶15 Petitioners argue the juvenile court abused its discretion by precluding testimony from Child’s physicians and medical records containing hearsay. We will not disturb the court’s evidentiary rulings without a clear abuse of discretion and…”
Lemay v. Dcs, No. 1 CA-CV 21-0484 (Ariz. Ct. App. Oct. 6, 2022). “Similarly, LeMay references § 8-819 (requiring that a determination of neglect take into consideration the drug/alcohol use of the parent) and § 8-807 (tying DCS’s maintenance of information to receiving federal funds), but fails to explain how these statutes restrict DCS’s…”
Ariz. Rev. Stat. § 8-819(1): 1 case
In re Dependency as to A.O., No. 1 CA-JV 25-0146 (Ariz. Ct. App. Apr. 30, 2026). “Precluding Witnesses and Evidence ¶15 Petitioners argue the juvenile court abused its discretion by precluding testimony from Child’s physicians and medical records containing hearsay. We will not disturb the court’s evidentiary rulings without a clear abuse of discretion and…”
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