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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
family reunification treatment; prohibitions
Purpose
Prohibits a court from ordering family reunification treatment that requires a change in custody or parental contact or the use of threats or certain transporters, unless both parents consent.
Background
Either originally or on petition for modification, the court must: 1)
determine legal decision-making and parenting time in accordance with the best
interests of the child; and
2) consider all factors that are relevant to the child's physical and emotional
wellbeing. In a contested legal case, the court will make specific findings on
the record about all relevant factors and reasons why the decision is in the
best interest of the child (A.R.S.
§ 25-403). A child custody determination is any judgement, decree or
other court order, including a permanent, temporary, initial and modification
order, for legal or physical custody or visitation with respect to a child (A.R.S.
§ 25-1002).
Reunification treatment is a treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged or rejected parent or other family member of the child (34 U.S.C. § 10446).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a court from ordering family reunification treatment that, as a condition of enrollment or participation, requires:
a) a no-contact order with the aligned parent;
b) an overnight, out-of-state or multiday stay;
c) a transfer of physical or legal custody of the child;
d) the use of private youth transporters or private transportation agents engaged in the use of force, threat or force, physical obstruction or circumstances that place the safety of the child at risk; or
e) the use of threats of physical force, undue coercion, verbal abuse or isolation from the child's family, community or other sources of support.
2. Allows a court to order family reunification treatment if both parents consent to the treatment.
3. Defines family reunification treatment as a treatment, therapy, program, service or camp that is aimed at reuniting or reestablishing a relationship between a child and an estranged or rejected parent.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Allows a court to order family reunification treatment if both parents consent.
2. Removes the prohibition on a court ordering family reunification treatment that results in the outlined conditions and circumstances.
3. Designates the prescribed no-contact order as no contact with the aligned parent, rather than a parent.
Senate Action
TTMC 2/12/24 DP 6-1-0
Prepared by Senate Research
February 29, 2024
KJA/EB/mg