ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: GOV DPA 4-3-0-0 | 3^rd Read: 36-22-2-0 Senate:  JUDE DPA/SE 4-3-0-0 | 3^rd Read: 17-12-1-0

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HB 2256: parenting time hearings; testimony; prohibition

NOW: domestic proceedings; therapeutic intervention; prohibition

Sponsor: Representative Keshel, LD 17

Senate Engrossed

The House Engrossed version of HB 2256 prohibits a court from taking testimony or making findings in specified family court proceedings based on terminology or theories that are not scientifically supported.

The Senate adopted a strike-everything amendment that does the following:

Overview

Prohibits a court from ordering payment, without the appropriate party's consent, for therapeutic intervention in specified proceedings and establishes requirements for expert testimony in these proceedings.

History

Legal decision-making is the legal right and responsibility to make all nonemergency legal decisions for a child.  Parenting time refers to the amount of time during which each parent has access to a child.  The court is required to make a decision in either of these proceedings based on all factors considered relevant to the child's physical and emotional well-being.  Any modification to these agreements are subject to the review of certain factors including domestic violence, status as a military parent and the consideration of time (A.R.S. §§ 25-401, 25-403, 25-411).

Provisions

1. Prohibits a court from ordering any party to pay, without the party's consent, for therapeutic intervention in a legal decision-making or parenting time proceeding. (Sec. 1)

2. Specifies expert testimony relating to therapeutic intervention, child development, mental or physical health, domestic violence or substance abuse is only admissible in a legal decision-making or parenting time proceeding if:

a) the expert has specialized expertise in child development and substantial clinical experience with children in therapeutic settings; and

b) the expert's opinion is supported by the canons of their profession, adheres to the guidelines of their licensing board and relies only on theories that are clinically established. (Sec. 1)

3. Requires persons offering expert testimony, conducting an investigation or submitting a recommendation to the court to meet the qualifications established by this measure prior to performing these duties. (Sec. 1)

4. Defines therapeutic intervention. (Sec. 1)

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8.                   HB 2256

9. Initials JH/SR     Page 0 Senate Engrossed

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