|
REFERENCE TITLE: family court; records; access; confidentiality |
|
State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
|
|
HB 2989 |
|
|
|
Introduced by Representative Keshel
|
AN ACT
amending section 25-403.06, arizona revised statutes; relating to legal decision-making and parenting time.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 25-403.06, Arizona Revised Statutes, is amended to read:
25-403.06. Parental access to prescription medication and records; address confidentiality; immunity; burden of proof
A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to prescription medication, documents and other information concerning the child's education and physical, mental, moral and emotional health, including medical, school, police, court and other records, directly from the custodian of the records or from the other parent.
B. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this section.
C. A parent with joint legal custody shall not designate one pharmacy in a single location as the only source of the child's prescription medication without the agreement of the other parent.
D. A parent who attempts to restrict the release of documents or information by the custodian or attempts to withhold prescription medication without a prior court order is subject to appropriate legal sanctions.
e. If a parent or a child is a participant in the address confidentiality program pursuant to section 41-162 or is protected by an order of protection or an injunction against harassment, or if a court has determined the parent or child has been subject to an act of domestic violence or coercive control, the court shall restrict access to the child's records pursuant to this section as necessary to protect the parent's confidentiality and safety. The court may do any of the following:
1. order the Revocation of the offending parent's access to a child's records pursuant to this section. A court may order the revocation of a parent's access to a child's records only when it has been shown by a preponderance of the evidence that the parent has used the access rights pursuant to this section to endanger, harass, abuse, stalk, obtain a protected or substitute address or facilitate coercive control of the other parent or the child.
2. require that a child's records that are requested pursuant to this section be exchanged through electronic means.
3. Prohibit direct contact between the requesting parent and the child's providers.
4. order the Redaction of identifying location INFORMATION, including all of the following:
(a) protected or substitute home addresses.
(b) Telephone numbers.
(c) email addresses.
(d) the child's appointment locations.
(e) The identities of a provider's staff.
5. Limit and define the child's records that are required to be provided, including all of the following:
(a) Provider visit summaries.
(b) Provider billing documents.
(c) Report Cards.
(d) Provider progress reports.
(e) Physician recommendations and prescriptions.
6. Require the requesting parent to show good cause before the issuance of a subpoena for the child's records.
F. A child's provider is not CIVILLY or administratively liable for the good faith refusal to release a child's records pursuant to this section if the provider's refusal is based on any of the following:
1. An order of protection.
2. a parent's or child's Participation in the address confidentiality program pursuant to section 41-162.
3. A court order.
4. A written instruction from a court.
G. IN a matter involving domestic violence, stalking, coercive control or participation in the address confidentiality program pursuant to section 41-162, the burden is on the requesting parent to demonstrate by clear and convincing evidence that the requested access is necessary and cannot be provided through any alternative means.