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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
parental
alienation; testimony; prohibition
(NOW: parenting time hearings; testimony; prohibition)
Purpose
Prohibits a court from ordering a party to pay for any type of therapy, treatment or counseling program designed to improve or maintain the parent-child or parent-parent relationship, including court-ordered behavioral intervention, in any legal decision-making or parenting time proceeding.
Background
Statute requires the court to determine legal decision-making and parenting time in accordance with the best interests of the child. In a contested legal decision-making or parenting time case, the court must make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.
If the court finds a parent has committed an act of domestic violence, the court may order the parent to attend and complete a program of intervention for perpetrators of domestic violence and any other counseling the court orders. If the court finds a parent has refused to comply with a visitation or parenting time order, statute requires the court to order at least one of a variety of outlined options that include, at the violating parent's expense: 1) parent education; 2) family counseling; or 3) both parents to participate in mediation or some other appropriate form of alternative dispute resolution.
Legal decision-making means the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. Parenting time means the schedule of time during which each parent has access to a child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child's care (A.R.S. Title 25 Chapter 4).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a court from ordering a party to pay for any type of therapeutic intervention in any decision-making or parenting time proceeding without the consent of the party.
2. Defines therapeutic intervention to mean any therapy, treatment or counseling program designed to improve or maintain the parent-child relationship, the parent-parent relationship or both, including court-ordered behavioral intervention.
3. Allows expert testimony related to therapeutic intervention, child development, mental or physical health, domestic violence or substance abuse to be admissible in any legal decision-making or parenting time proceeding if the expert:
a) has specialized expertise in child development and substantial clinical experience with children in a therapeutic setting; and
b) has an opinion that is supported by the canons of the expert's profession, adheres to the guidelines of the expert's licensing board and does not rely on theories that are not clinically established.
4. Specifies that a person must meet the above qualifications before offering expert testimony, conducting an investigation or evaluation or submitting a report or recommendation to the court pursuant to procedure for legal decision-making and parenting time proceeding interviews, investigations and reports.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole:
1. Allows
expert testimony related to therapeutic intervention, child development, mental
or physical health, domestic violence or substance abuse to be admissible in
any legal
decision-making or parenting time proceeding if the expert:
a) has specialized expertise in child development and substantial clinical experience with children in a therapeutic setting; and
b) has an opinion that is supported by the canons of the expert's profession, adheres to the guidelines of the expert's licensing board and does not rely on theories that are not clinically established.
2. Specifies that a person must meet the above qualifications before offering expert testimony, conducting an investigation or evaluation or submitting a report or recommendation to the court pursuant to procedure for legal decision-making and parenting time proceeding interviews, investigations and reports.
3. Makes technical and conforming changes.
House Action Senate Action
GOV 2/5/25 DPA 4-3-0-0 JUDE 3/26/25 DPA 4-3-0
3rd Read 03/03/25 36-22-2
Prepared by Senate Research
April 16, 2025
ZD/AW/ci