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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2969: behavioral health crisis; temporary orders
Sponsor: Representative Peña, LD 23
Committee on Judiciary
Overview
Establishes comprehensive requirements and procedures when a parent subject to a legal decision-making or parenting time order undergoes a voluntary or involuntary inpatient behavioral health admission, including temporary orders, risk assessments, firearms-related inquiries and parenting plan requirements.
History
Current law directs the court, when issuing or modifying orders for legal decision-making and parenting time, to decide according to the child’s best interests by weighing all relevant factors affecting the child’s physical and emotional well-being. Factors include the child’s relationships and adjustment, the child’s wishes if mature enough, the health of those involved, each parent’s willingness to support the child’s continuing contact with the other parent, any intentional court deception to gain advantage, any domestic violence or child abuse, any coercion or duress in reaching an agreement, compliance with required education provisions, and any conviction for false reporting of child abuse or neglect. In any contested case, the court must also make specific findings on the record identifying the relevant factors and explaining why the outcome serves the child’s best interests (A.R.S. § 25-403).
Provisions
Immediately Following Either Form of Commitment
1. Requires a parent, who undergoes voluntary or involuntary commitment, and who is subject to a legal decision-making or parenting time order, to provide written notice to the other parent as soon as practicable, including facility contact information. (Sec. 4)
In the Case of Involuntary Commitment
2. Instructs, on receipt of a verified petition and supporting documentation establishing involuntary commitment has occurred, the court to immediately issue a temporary order suspending in-person parenting time for the committed parent pending an expedited hearing. (Sec. 4)
3. Mandates the court set the expedited hearing no later than 10 days (excluding weekends and legal holidays) after issuance of the temporary order, unless good cause or party agreement supports a later date. (Sec. 4)
4. Permits the court to allow telephonic and electronic contact for the committed parent, consistent with child safety, pending the expedited hearing. (Sec. 4)
5. Outlines procedures for the expedited hearing to determine the committed parent’s current mental state and safety risks. (Sec. 4)
6. Prohibits the court from ordering unsupervised parenting time unless the court makes written findings that specified conditions apply, including psychiatric stability, absence of relevant delusions, compliance with firearms safety conditions and compliance with treatment recommendations. (Sec. 4)
In the Case of Voluntary Commitment
7. Instructs the voluntarily committed parent to provide, to the other parent, documentation verifying admission within 48 hours and to provide relevant records within five business days after discharge. (Sec. 4)
8. Permits the noncommitted parent to petition for restrictive orders; in such a case, the court must schedule a hearing at the earliest practicable time. (Sec. 4)
9. Stipulates that, absent emergency circumstances, the court cannot impose restrictive orders before holding the hearing. (Sec. 4)
10. Instructs the court to make specified written findings when determining whether to grant or expand unsupervised parenting time in a case involving a voluntarily committed parent. (Sec. 4)
In Cases of Commitment Generally
11. Directs the court to order a lethality and psychosis risk assessment for any parent who undergoes voluntary or involuntary commitment and outlines procedures for the assessment. (Sec. 4)
12. Prohibits the court from reducing restrictions or expanding unsupervised parenting time until the court receives and considers the assessment; requires supervised parenting time and additional safety conditions if the assessment identifies clinically significant risk indicators. (Sec. 4)
13. Permits inclusion of an intimate partner risk assessment where relevant indicators are alleged or shown, and outlines relevant procedures. (Sec. 4)
14. Requires the court to take measures to ensure the committed parent does not possess or have access to firearms in any residence where that parent resides or exercises parenting time, consistent with state and federal law. (Sec. 4)
15. Requires the court to make findings regarding firearms access and whether the parent is prohibited from possessing them. (Sec. 4)
16. Authorizes the court to require surrender of firearms or mandate reasonable safety conditions. (Sec. 4)
17. Outlines confidentiality of mental health records. (Sec. 4)
18. Allows sanctions for noncompliance with this Act and permits the court to consider noncompliance in best-interests and parenting-time condition determinations. (Sec. 4)
19. Asserts that this Act does not limit other remedies. (Sec. 4)
20. Asserts that mental illness diagnosis or voluntary inpatient treatment alone is not grounds to restrict orders and that restrictions must be based on evidence of a current safety risk. (Sec. 4)
Miscellaneous
21. Requires the clerk of the superior court to transmit the docket and relevant orders and minute entries to the Commission on Judicial Conduct for review if:
a. a child is seriously physically injured or killed in a case involving commitment after the court grants or expands parenting time from supervised to unsupervised; and
b. the court record does not include the required lethality and psychosis risk assessment or the written findings required by this Act. (Sec. 1)
22. Requires the clerk of the superior court, in the aforesaid case of injury or death, on written request of either party, to grant prompt access to the complete court record, including sealed filings, to pursue available remedies. (Sec. 1)
23. Specifies that a parent is entitled to reasonable parenting time unless the court finds, in a hearing pursuant only to the procedures of this Act, that parenting time would endanger the child. (Sec. 2)
24. Adds that parenting plans must include a procedure for notice and safety planning in the event of a behavioral health crisis involving either parent. (Sec. 3)
25. Outlines expanded training requirements for court appointed professionals. (Sec. 5)
26. Defines pertinent terms. (Sec. 4)
27. Contains a legislative findings and purpose clause. (Sec. 6)
28. Designates this Act with the short title of the Alec and Lydia Act. (Sec. 7)
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Initials NM HB 2969
2/5/2026 Page 0 Judiciary
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