A parent, guardian or custodian may not be considered to have abused or neglected a child, or be charged with it, solely because they cannot provide supervision, food, clothing, shelter or medical care when that inability is due solely to a lack of financial resources.
Official title: child neglect; financial resources; exception
- September 12, 2026
What changes
-
NowA parent, guardian or custodian may not be considered as having abused or neglected a child, or be charged with abuse or neglect, solely because they are unable to provide the child with supervision, food, clothing, shelter or medical care, if that inability is due solely to a lack of financial resources available to them.
BeforeThe existing protections for parents who seek inpatient treatment or out-of-home placement for a child with risky behavioral health needs, or who bring such a child into the home, used slightly different wording.
NowThe word "be" is added so these protections read "be charged with." This is a wording fix and does not change who is protected.
Who it affects
- Parents, guardians and custodians who cannot provide supervision, food, clothing, shelter or medical care for a child solely because of a lack of financial resources
- Children in those households
- Agencies and officials who decide whether a child has been abused or neglected or bring abuse or neglect charges
What you need to do
Nothing.
What the law doesn't answer
- How anyone determines that an inability to provide care is due solely to a lack of financial resources
- Whether the availability of public assistance or other help affects whether the lack of resources counts
- Who must make the determination
- Whether the change affects cases already open or pending on the effective date
- Whether a finding can still be made if lack of money is one of several reasons
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.