HB2968 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 8, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 8-469.03, to read:

START_STATUTE8-469.03. Child welfare; dependency; termination of parent-child relationship; permanent guardianship; parental criminal history; admissibility; definition

A. Notwithstanding any other law, in any child welfare, dependency, termination of parent-child relationship or permanent guardianship matter brought pursuant to this title, the criminal history of a parent shall be admissible as evidence, shall be available to the court and to all parties and shall not be sealed or withheld. The criminal history of a parent shall be considered presumptively relevant to the safety of a child and the fitness of the parent.

B. For the purposes of this section, "criminal history" includes all of the following:

1. Arrest records.

2. Charging records.

3. Convictions.

4. Sentencing.

5. Probation INFORMATION.

6. any other records Arising from a criminal investigation, prosecution or disposition of a criminal matter. END_STATUTE

Sec. 2. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 25-419 and 25-420, to read:

START_STATUTE25-419. Submission of evidence; court discretion; prejudicial rulings; definitions

A. In any matter involving legal decision-making or parenting time, the court shall not apply any rule to exclude relevant evidence based solely on the format of the evidence, hearsay classification of the evidence or procedural process if the evidence being offered is any of the following:

1. Related to a child's:

(a) Safety.

(b) Mental or emotional well-being.

(d) Expressed wishes as to legal decision-making or parenting time.

2. Related to the behavior of either parent.

3. Offered in good faith.

4. Not offered solely to harass either parent or delay the proceeding.

b. After the admission of evidence pursuant to subsection A of this section, the court shall do all of the following:

1. Evaluate the reliability, source and weight of the evidence.

2. Consider the reliability, corroboration and authenticity of the evidence, including the source of the evidence, how the evidence was collected or obtained and any potential bias that may be associated with the evidence.

C. If evidence that is admitted pursuant to subsection A of this section is hearsay evidence, the court shall do both of the following:

1. Assess whether testimony regarding the evidence is unavailable or if the testimony would cause harm to a CHILD.

2. Assess the reliability and weight of the evidence, including whether the evidence relates to any of the following factors:

(a) The safety of a child.

(b) Abuse.

(d) protective concerns.

D. If evidence that is relevant to the safety of a child, the fitness of a parent or the abuse of a child is delayed or discovered immediately before an evidentiary hearing at which the evidence would be admitted and the delay or late discovery of the evidence is for good cause, the court shall continue the evidentiary hearing to the earliest practicable date to allow for the disclosure and submission of the evidence. Before granting a continuance of an evidentiary hearing pursuant to this subsection, the court shall make specific findings on the record as to the finding of good cause. Good cause shall be liberally construed in favor of admitting evidence that is related to the safety of a child. For the purposes of this subsection, "good cause" includes delays that are caused by any of the following:

1. A third-party custodian OF records.

2. Circumstances outside the control of the party that is seeking to admit the evidence.

3. unforeseen events that include any of the following:

(a) an illness.

(b) an Emergency.

E. NOtwithstanding any other law, the criminal record of a parent shall be admitted as evidence in any matter involving legal decision-making or parenting time.

F. The court shall mAKE WRITTEN FINDINGS ON THE RECORD AS TO THE RELEVANCE and credibility of evidence offered pursuant to subsection A of this section. If the court determines the evidence is credible, the court shall allow the submission of the evidence WITHOUT LIMITATION. fAILURE OF A COURT TO MAKE THE WRITTEN FINDINGs REQUIRED BY THIS SUBSECTION CONSTITUTES a REVERSIBLE ERROR.

G. the court shall allow the submission of evidence pursuant to this section by both parents equally. Any ruling by the court that allows for unequal submission of evidence by either parent shall be considered prejudicial AS A MATTER OF LAW. A PARENT WHO IS ADVERSELY AFFECTED BY THE UNEQUAL SUBMISSION OF EVIDENCE SHALL BE ENTITLED TO IMMEDIATE APPELLATE REVIEW OR RELIEF THROUGH a SPECIAL ACTION.

H. For the purposes of this section:

1. "good Faith" means the evidence is offered for the purpose of assessing child safety or parental behavior.

2. "Relevant evidence" means evidence that is related to any of the following:

(a) The safety of a child.

(b) Trauma of a child.

(d) the child's Expressed wishes as to legal decision-making or parenting time.

(e) The behavior of either parent. END_STATUTE

START_STATUTE25-420. Parental criminal history; admissibility; definition

a. notwithstanding any other law, in any parenting time or legal decision-making matter brought pursuant to this chapter, the criminal history of a parent shall be admissible as evidence, shall be available to the court and to all parties and shall not be sealed or withheld. The criminal history of a parent shall be considered presumptively relevant to the safety of a child and the fitness of the parent.

B. For the purposes of this section, "criminal history" includes information on all of the following:

1. Arrest records.

2. Charging records.

3. Convictions.

4. Sentencing.

5. Probation INFORMATION.

6. any other records Arising from a criminal investigation, prosecution or disposition of a criminal matter. END_STATUTE

Sec. 3. Legislative findings

The legislature finds that:

1. It is in the best interest of this state to ensure that the family court is equipped to hear and evaluate safety-related evidence that is necessary to protect children.

2. It is important to remove procedural barriers to the submission of evidence in a family law matter that unfairly silences protective parents or serves to deny the admission of critical evidence related to a child's safety and well-being.

3. It is in the best interest of this state to allow the court to make determinations regarding the credibility of evidence but remove the ability of a court to reject relevant evidence based solely on the form of the evidence of procedural formalities.