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REFERENCE TITLE: family court; therapeutic intervention; experts |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1139 |
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Introduced by Senator Finchem
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AN ACT
amending title 25, chapter 4, article 1, arizona revised statutes, by adding section 25-419; 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. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-419, to read:
25-419. Therapeutic intervention; payment; prohibition; expert testimony; qualifications; definitions
A. Notwithstanding any other law or court rule, in any legal decision-making or parenting time proceeding, the court may not order any type of therapeutic intervention or a paid service that is provided by a paid provider or order one parent to pay for any type of therapeutic intervention or a paid service that is provided by a paid provider without the consent of both parents. either parent may revoke that parent's consent at any time.
B. Notwithstanding any other law, in any legal decision-making or parenting time proceeding, expert testimony related to therapeutic intervention or any paid service that is provided by a paid provider, child development, mental or physical health, domestic violence or substance abuse is admissible only if both of the following apply:
1. The expert has specialized training and expertise in child development and substantial clinical experience with children in a therapeutic setting.
2. The expert's opinion is supported by the canons of the expert's profession, adheres to the GUIDELINES of the expert's licensing board and does not rely on theories that are not clinically established as a standard of care.
C. A person who offers expert testimony, conducts an investigation or evaluation or submits a report or recommendation to the court pursuant to section 25-405 or 25-406 must meet the qualifications of subsection B of this section before offering expert testimony, conducting an investigation or evaluation or submitting a report or recommendation to the court.
D. For the purposes of this section:
1. "Paid service" means any service that is provided in exchange for any form of compensation.
2. "Therapeutic intervention":
(a) Means any therapy, treatment or counseling program that is designed to improve or maintain the parent-child relationship or parent-parent relationship, or both.