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REFERENCE TITLE: domestic relations; court appointments; fees |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2255 |
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Introduced by Representatives Keshel: Fink
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AN ACT
amending sections 25-405 and 25-406, 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; expert requirements; expert fees
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 when the best interests of the child cannot be determined without the advice of the professional. 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. A court-ordered evaluation of the best interests of the child in a legal decision-making or parenting time matter conducted pursuant to this section shall be performed by a professional who has demonstrated both expertise and clinical experience in child development or working with victims of domestic violence or abuse or who has significant interaction with the parents and children that are the subject of the proceeding.
d. Notwithstanding any other law, the court may not order a psychiatric evaluation of a parent who is a party to a legal decision-making or parenting time proceeding unless that parent has demonstrated behavior that presents a high risk of harm to the child.
e. The fees of professionals who give advice to the court pursuant to this section shall be paid by the court and shall not be charged to either parent.
Sec. 2. Section 25-406, Arizona Revised Statutes, is amended to read:
25-406. Investigations and reports; licensed professionals; fees
A. In contested legal decision-making and parenting time proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning legal decision-making or parenting time arrangements for the child. The investigation and report may shall be made by the court social service agency, the staff of the juvenile court, the local probation or welfare department or a private person. The report must include a written affirmation by the person completing the report that the person has met the training requirements prescribed in subsection C of this section. a licensed professional who has demonstrated both expertise and clinical experience in child development or working with victims of domestic violence or abuse or who has significant interaction with the parents and children that are the subject of the proceeding.
B. If an investigation and report are ordered pursuant to this section or if the court appoints a family court advisor, the court shall allocate cost based on the financial circumstances of both parties pay the costs of the investigation and report.
C. The court shall require a court appointed attorney for a child, a court appointed advisor or any person who conducts an investigation or prepares a report pursuant to this section to receive training that meets the following minimum standards:
1. Six initial hours of training on domestic violence.
2. Six initial hours of child abuse training.
3. Four subsequent hours of training every two years on domestic violence and child abuse.
D. A person who has completed professional training to become licensed or certified may use that training to completely or partially fulfill the requirements in subsection C of this section if the training included at least six hours each on domestic violence and child abuse and meets the minimum standards. Subsequent professional training in these subject matters may be used to partially or completely fulfill the training requirements prescribed in subsection C of this section if the training meets the minimum standards.
E. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C of this section.
F. C. In preparing a report concerning a child, the investigator licensed professional may consult any person who may have information about the child or the child's potential legal decision-making and parenting time arrangements.
G. D. The court shall mail the investigator's licensed professional's report to counsel at least ten days before the hearing. The investigator licensed professional shall make available to counsel the names and addresses of all persons whom the investigator licensed professional has consulted. Any party to the proceeding may call for examination of the investigator licensed professional and any person consulted by the investigator licensed professional.