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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD W/D | GOV DPA 7-0-0-0 |
HB 2968: family court; admissibility; evidence
Sponsor: Representative Blackman, LD 7
House Engrossed
Overview
Prohibits the court from excluding evidence in matters involving child welfare, dependency, termination of a parent-child relationship and permanent guardianship, parenting time and legal decision-making if the evidence meets certain qualifications. Establishes guidelines for evidence permissibility in such matters.
History
The court must determine legal decision-making and parenting time in accordance with the child's best interests. Additionally, the court must consider all factors relevant to the child's physical and emotional wellbeing, including: 1) the past, present and potential future relationship between the parent and the child; 2) the child's interaction and interrelationship with the child's parent, siblings and any other person who can significantly affect the child's best interest; 3) the child's adjustment to home, school and community; 4) the child's wishes as to legal decision-making and parenting time if the child is of suitable age and maturity; 5) the mental and physical health of all individuals involved; 6) which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent; 7) whether one parent intentionally misled the court causing unnecessary delay, increasing the cost of litigation or persuading the court to give preference to that parent; 8) whether there has been domestic violence or child abuse; 9) the nature and extent of coercion or duress used by a parent in obtaining an agreement in such matters; 10) whether the parent has complied with the educational program plan; and 11) whether either parent was convicted of an act of false reporting of child abuse or neglect. In contested cases, the court must make specific findings on the record regarding all relevant factors and the reasons for which the decision is in the child's best interests (A.R.S. § 25-403).
Provisions
1. Adds matters involving child welfare, dependency, termination of a parent-child relationship and permanent guardianship to the list of matters in which a parent's criminal history must be admissible as evidence. (Sec. 1)
2. Specifies that criminal history:
a. must be available to the court and all parties;
b. cannot be sealed or withheld; and
c. must be considered presumptively relevant to the safety of a child and the fitness of the parent. (Sec. 1)
3. Forbids the court from excluding evidence based solely on the procedural process, the evidence's format or hearsay classification if the evidence is any of the following:
a. related to a child's safety, mental or emotional wellbeing, trauma indicators or expressed wishes as to legal decision-making or parenting time;
b. related to either parent's behavior;
c. offered in good faith; and
d. not offered solely to harass either parent or delay the proceeding. (Sec. 2)
4. Directs the court, after the admission of such evidence, to do all of the following:
a. evaluate the reliability, source and weight of the evidence; and
b. consider the reliability, corroboration and authenticity of the evidence, including its source, how the evidence was collected and any potential bias. (Sec. 2)
5. Instructs the court to do all of the following, in the case that such evidence is hearsay evidence:
a. assess whether testimony regarding the evidence is unavailable or would cause harm to a child; and
b. assess the reliability and weight of the evidence, including whether the evidence relates to either a child's safety, abuse, trauma indicators or protective concerns. (Sec. 2)
6. Directs the court to continue an evidentiary hearing to allow for the disclosure and submission of evidence, if the evidence is delayed or discovered immediately before an evidentiary hearing at which the evidence would be admitted, the delay or late discovery is for good cause and the evidence is relevant to:
a. a child's safety;
b. a parent's fitness; or
c. the abuse of a child. (Sec. 2)
7. Instructs the court to make specific findings on the record as to the finding of good cause regarding the delay or late discovery of such evidence. (Sec. 2)
8. Stipulate that good cause must be liberally construed in favor of admitting evidence that is related to the safety of a child. (Sec. 2)
9. Requires a parent's criminal record to be admitted as evidence in any matter involving legal decision-making or parenting time. (Sec. 2)
10. Instructs the court to make written findings on the record as to the relevance and credibility of evidence related to this legislation and allow the evidence's submission without limitation if the court determines that it is credible. (Sec. 2)
11. Stipulates that the court's failure to make written findings on the record as to the relevance and credibility of evidence constitutes a reversible error. (Sec. 2)
12. Mandates the court to allow both parents to submit evidence related to this legislation equally. (Sec. 2)
13. States that any court allowing unequal submission of such evidence must be considered prejudicial and that the parent who is adversely affected must be entitled to immediate appellate review or relief through a special action. (Sec. 2)
14. Defines pertinent terms. (Sec. 1, 2)
15. Contains legislative findings. (Sec. 3)
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19. Initials ML/MN HB 2968
20. 3/5/2026 Page 0 House Engrossed
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