ARIZONA STATE SENATE

ANNA WHITNEY

LEGISLATIVE RESEARCH INTERN

ZACK DEAN

LEGISLATIVE RESEARCH ANALYST

JUDICIARY & ELECTIONS COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

JUDICIARY & ELECTIONS COMMITTEE

DATE:            March 24, 2025

SUBJECT:      Strike everything amendment to H.B. 2256, relating to parenting time hearings; testimony; prohibition

Purpose

Prohibits a court from ordering a party to pay for any type of therapy, treatment or counseling program designed to improve or maintain the parent-child or parent-parent relationship, including court-ordered behavioral intervention, in any legal decision-making or parenting time proceeding.

Background

Statute requires the court to determine legal decision-making and parenting time in accordance with the best interests of the child. In a contested legal decision-making or parenting time case, the court must make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.

If the court finds a parent has committed an act of domestic violence, the court may order the parent to attend and complete a program of intervention for perpetrators of domestic violence and any other counseling the court orders. If the court finds a parent has refused to comply with a visitation or parenting time order, statute requires the court to order at least one of a variety of outlined options that include, at the violating parent's expense: 1) parent education; 2) family counseling; or 3) both parents to participate in mediation or some other appropriate form of alternative dispute resolution.

Legal decision-making means the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. Parenting time means the schedule of time during which each parent has access to a child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child's care (A.R.S. Title 25, Chapter 4).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Prohibits a court from ordering a party to pay for any type of therapeutic intervention in any decision-making or parenting time proceeding without the consent of the party.

2. Defines therapeutic intervention to mean any therapy, treatment or counseling program designed to improve or maintain the parent-child relationship, the parent-parent relationship or both, including court-ordered behavioral intervention.

3. Becomes effective on the general effective date.