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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
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HB 2255: domestic relations; court appointments; fees
Sponsor: Representative Keshel, LD 17
Committee on Judiciary
Overview
Revises qualifications under which investigators may be appointed by the court during custody proceedings, and requires the court to pay the costs of any appointment.
History
In a custody hearing (i.e. a hearing for legal decision-making authority or parenting time), the court may interview a child in chambers to ascertain his wishes concerning parenting time; in addition, the court may seek the advice of professional personnel (A.R.S. § 25-405).
In contested proceedings, the court may order an investigation into each parent’s ability to care for the child; this investigation may be performed by the court social service agency, the staff of the juvenile court, the local probation or welfare department or a private person. Parents are generally responsible for paying for these investigations, with costs allocated based on financial ability. Statute requires the investigators to complete the following training to qualify:
1) six initial hours of domestic violence training;
2) six initial hours of child abuse training; and
3) four subsequent hours of training every two years (A.R.S. § 25-406).
In Arizona law, legal decision-making authority means the schedule of time during which each parent has access to a child at specified times; parenting time means the legal right and responsibility to make all non-emergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions (A.R.S. § 25-401).
Provisions
Evaluating the Best Interests of the Child
1. Restricts a court's ability to seek the advice of professional personnel in a child custody hearing to only cases where the best interests of the child cannot be determined without professional advice. (Sec. 1)
2. Requires that any court-ordered evaluation of the child's best interest must be conducted by a professional with:
a) expertise and clinical experience in child development;
b) expertise and clinical experience working with victims of domestic violence or abuse; or
c) significant interaction with the parents and children that are the subject of the proceeding. (Sec. 1)
3. Prohibits the psychiatric evaluation of a parent unless the parent exhibits behavior that presents a high risk of harm to the child. (Sec. 1)
4. Directs that the court, not the parents, must pay the costs for the professional evaluation. (Sec. 1)
Investigations in Contested Custody Proceedings
5. Requires, when a court orders an investigation in a contested custody proceeding, the investigator to be a licensed professional who has:
a) expertise and clinical experience in child development;
b) expertise and clinical experience working with victims of domestic violence or abuse; or
c) significant interaction with the parents and children that are the subject of the proceeding. (Sec. 2)
6. Strikes the previous requirements for an investigator in a contested proceeding. (Sec. 2)
7. Directs that the court, rather than the parents, must pay the costs for the investigation in the contested proceeding. (Sec. 2)
8. Makes technical and conforming changes. (Sec. 2)
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HB 2255
Initials NM Page 0 Judiciary
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