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REFERENCE TITLE: family court; professional personnel; requirements |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1656 |
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Introduced by Senator Finchem
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AN ACT
amending section 25-405, 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 25-405, Arizona Revised Statutes, is amended to read:
25-405. Interviews by court; professional assistance; evidentiary hearings; court requirements; recordings; notice; qualified immunity; civil action
A. The court may interview the child in chambers to ascertain the child's wishes as to the child's custodian and as to parenting time.
B. The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis. The advice given shall be in writing and shall be made available by the court to counsel, on request, under such terms as the court determines. Counsel may examine as a witness any professional personnel consulted by the court, unless that right is waived.
C. If the court seeks the advice of professional personnel, the court shall schedule an evidentiary hearing before appointing the professional personnel. AT the evidentiary hearing, the court shall do all of the following:
1. Identify the professional personnel the court seeks to appoint.
2. Specify in writing the scope of appointment and the duties of the proposed professional personnel.
3. Assess the ability of each parent to pay any fees associated with the proposed professional personnel.
D. Before the evidentiary hearing held pursuant to subsection C of this section, each parent shall have the opportunity to conduct discovery and take the deposition of the proposed professional personnel. After the evidentiary hearing held pursuant to subsection C of this section and after the court has appointed the professional personnel, the court shall provide in writing all of the following:
1. Whether either parent objected to the professional personnel appointment.
2. The specific scope of appointment and duties of the professional personnel, including:
(a) The number of hours and the total cost required for the professional personnel to complete the appointment and provide a report to the court.
(b) The documents and materials the professional personnel will require to complete the appointment and provide a report to the court.
(c) The expected date the Professional personnel's report will be filed with the court and provided to the parents.
3. The circumstances that require the professional personnel's appointment.
4. Information on how either parent may object to or ask for clarification of the professional personnel's court report.
5. An explanation of the factors the court considered when determining the apportionment between the parents of the professional personnel's fees.
6. The number of times the court has previously appointed the professional personnel and any relationship the court has with the professional personnel.
E. If the professional personnel who is appointed by the court determines that more time is required to complete the court's appointment and file the professional personnel's report with the court and provide a copy of the report to the parents than what is provided for in subsection D, paragraph 2, subdivision (a) of this section, the professional personnel shall file a written request with the court that describes with specificity the reason or reasons the professional personnel requires additional time.
F. Appointed professional personnel shall make an audio or video recording of each interaction the professional personnel has with a parent or child in the course of the professional personnel's appointment. A parent is entitled to make an audio or video recording of any interaction the parent has with the appointed professional personnel.
G. Appointed professional personnel shall be licensed and in good standing with the professional personnel's licensing agency. Complaints regarding the professional personnel's professional conduct or ethics that cannot be resolved by the parents shall be directed to the professional personnel's licensing agency. On the court's appointment of professional personnel, the court shall provide both parents with a notice that contains the following statement:
The court is not required to understand the ethical and professional conduct requirements of professional personnel appointed by the court. All complaints regarding professional personnel appointed by the court shall be directed to the professional personnel's appropriate licensing agency.
H. Appointed Professional personnel may not claim qualified immunity during the course of the professional personnel's appointment.
I. A parent may bring a civil action against any professional personnel who is appointed pursuant to this section for a deviation from the professional personnel's ethics and standards that are prescribed by the professional personnel's licensing agency and licensing requirements. A parent shall commence an action pursuant to this subsection within four years after the cause of action accrues.