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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
family court; admissibility; evidence
Purpose
Determines that the criminal history of a parent is admissible as evidence in any child welfare, dependency, parent-child relationship termination, guardianship, parenting time or legal decision-making matter.
Background
The Arizona Rules of Evidence prescribe various limitations and exceptions to the admissibility of evidence relating to a person's criminal history, character and hearsay. Evidence of a person's character, as well as evidence of other crimes, wrongs or acts, is generally not admissible unless certain exceptions apply. Exceptions for character evidence include whether the evidence may prove motive, opportunity, plan or knowledge, or if the existence of a criminal conviction may be appropriately applied to attack a witness's character for truthfulness. The admissibility of criminal convictions is subject to additional limitations, including that its probative value outweighs its prejudicial effect. Hearsay evidence is likewise generally not admissible absent an exception in rule or an applicable constitutional provision or statute. Several exceptions to the inadmissibility of hearsay evidence are outlined in rule, including excited utterances, recorded recollections, former testimony in criminal cases and statements made under the belief of imminent death (Ariz. Rules of Evid., Rule 404; Rule 609; Rule 802; Rule 803; and Rule 804).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires,
notwithstanding any other law, the criminal history of a parent to be
admissible as evidence and available to the court and all parties in any child
welfare, dependency,
parent-child relationship termination, guardianship, parenting time or legal
decision-making matter.
2. Prohibits the criminal history from being sealed or withheld.
3. Requires the criminal history of a parent to be considered presumptively relevant to the safety of a child and the fitness of the parent.
4. Prohibits the court, in any matter involving legal decision-making or parenting time, from applying 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:
a) related to a child's safety, mental or emotional well-being, trauma indicators or expressed wishes as the legal decision-making or parenting time;
b) related to the behavior of either parent;
c) offered in good faith; or
d) not offered solely to harass either parent or delay the proceeding.
5. Allows the court, after the admission of evidence, to evaluate the reliability, source and weight of the evidence and consider the reliability, corroboration and authenticity of the evidence, including:
a) the source of the evidence;
b) how the evidence was collected or obtained; and
c) any potential bias that may be associated with the evidence.
6. Requires the court, if the evidence is hearsay evidence, to:
a) assess whether testimony regarding the evidence is unavailable or if the testimony would cause harm to a child; and
b) assess the reliability and weight of the evidence, including whether the evidence relates to the safety of a child, abuse, trauma indicators or protective concerns.
7. Requires the court to continue the evidentiary hearing to the earliest practicable date to allow for disclosure and submission of evidence, if evidence that is relevant to the safety of a child, the fitness of a parent or the abuse of the child is delayed or discovered immediately before an evidentiary hearing at which the evidence would be admitted and the delay or late discovery is for good cause.
8. Requires the court, before granting a continuance of an evidentiary hearing, to make specific findings on the record as to the findings of good cause.
9. Requires good cause to be liberally construed in favor of admitting evidence that is related to the safety of a child.
10. Requires the court to make written findings on the record as to the relevance and credibility of evidence offered relating to the criminal history of a parent.
11. Requires the court, if the court determines the evidence is credible, to allow the submission of the evidence without limitation.
12. Deems that failure of a court to make the written findings as outlined constitutes a reversible error.
13. Requires the court to allow the submission of the criminal history of a parent by both parents equally.
14. Determines that any ruling by the court that allows for unequal submission of evidence by either parent is prejudicial as a matter of law.
15. Entitles a parent who is adversely affected by the unequal submission of evidence to immediate appellate review or relief through a special action.
16. Defines good faith to mean that the evidence is offered for the purpose of assessing child safety or parental behavior.
17. Defines relevant evidence as evidence that is related to:
a) the safety of a child;
b) the trauma of a child;
c) the emotional well-being of a child;
d) the child's expressed wishes as to legal decision-making or parenting time; or
e) the behavior of either parent.
18. Specifies that criminal history includes:
a) arrest records;
b) charging records;
c) convictions;
d) sentencing;
e) probation information; and
f) any other records arising from a criminal investigation, prosecution or disposition of a criminal matter.
19. Specifies that good cause includes delays that are caused by a third-party custodian of records, circumstances outside the control of the party that is seeking to admit the evidence or unforeseen events, including an illness, emergency or a technical issue or failure.
20. Contains a statement of legislative findings.
21. Becomes effective on the general effective date.
House Action
JUD 2/16/26 W/D
GOV 2/18/26 DPA 7-0-0-0
3rd Read 3/10/26 36-19-4-0-1
Prepared by Senate Research
March 19, 2026
AN/ci