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--- version:Introduced Version+++ version:(document, no version)@@ -1,483 +1,225 @@- - i ---REFERENCE TITLE: behavioral health crisis; temporary orders--State of Arizona-House of Representatives-Fifty-seventh Legislature-Second Regular Session-2026--HB 2969--Introduced by-Representatives Peña: Fink, Keshel--AN ACT--AMENDING SECTIONS 25-403, 25-403.01 AND 25-403.02, ARIZONA REVISED-STATUTES; AMENDING TITLE 25, CHAPTER 4, ARTICLE 1, ARIZONA REVISED-STATUTES, BY ADDING SECTION 25-403.11; AMENDING SECTION 25-406, ARIZONA-REVISED STATUTES; RELATING TO LEGAL DECISION-MAKING AND PARENTING TIME.--(TEXT OF BILL BEGINS ON NEXT PAGE)--HB 2969-- - 1 --Be it enacted by the Legislature of the State of Arizona: 1-Section. 1. Section 25-403, Arizona Revised Statutes, is amended to 2-read: 3-25-403. Legal decision-making; parenting time; best interests-4-of child; judicial referral 5-A. The court shall determine legal decision-making and parenting 6-time, either originally or on petition for modification, in accordance 7-with the best interests of the child. The court shall consider all 8-factors that are relevant to the child's physical and emotional 9-well-being, including: 10-1. The past, present and potential future relationship between the 11-parent and the child. 12-2. The interaction and interrelationship of the child with the 13-child's parent or parents, the child's siblings and any other person who 14-may significantly affect the child's best interest INTERESTS. 15-3. The child's adjustment to home, school and community. 16-4. If the child is of suitable age and maturity, the wishes of the 17-child as to legal decision-making and parenting time. 18-5. The mental and physical health of all individuals involved. 19-6. Which parent is more likely to allow the child frequent, 20-meaningful and continuing contact with the other parent. This paragraph 21-does not apply if the court determines that a parent is acting in good 22-faith to protect the child from witnessing an act of domestic violence or 23-being a victim of domestic violence or child abuse. 24-7. Whether one parent intentionally misled the court to cause an 25-unnecessary delay, to increase the cost of litigation or to persuade the 26-court to give a legal decision-making or a parenting time preference to 27-that parent. 28-8. Whether there has been domestic violence or child abuse pursuant 29-to section 25-403.03. 30-9. The nature and extent of coercion or duress used by a parent in 31-obtaining an agreement regarding legal decision-making or parenting time. 32-10. Whether a parent has complied with chapter 3, article 5 of this 33-title. 34-11. Whether either parent was convicted of an act of false reporting 35-of child abuse or neglect under section 13-2907.02. 36-B. In a contested legal decision-making or parenting time case, the 37-court shall make specific findings on the record about all relevant 38-factors and the reasons for which the decision is in the best interests of 39-the child. 40-C. IF A CHILD IS SERIOUSLY PHYSICALLY INJURED OR KILLED AFTER A 41-COURT GRANTS OR EXPANDS PARENTING TIME FROM SUPERVISED TO UNSUPERVISED OR 42-MATERIALLY EXPANDS UNSUPERVISED PARENTING TIME IN A PROCEEDING IN WHICH 43-SECTION 25-403.11 APPLIES AND THE COURT RECORD DOES NOT INCLUDE THE 44-LETHALITY AND PSYCHOSIS RISK ASSESSMENT OR THE WRITTEN FINDINGS REQUIRED 45-HB 2969-- - 2 --BY SECTION 25-403.11, THE CLERK OF THE SUPERIOR COURT SHALL TRANSMIT THE 1-DOCKET AND THE RELEVANT ORDERS AND MINUTE ENTRIES TO THE COMMISSION ON 2-JUDICIAL CONDUCT FOR REVIEW CONSISTENT WITH THE COMMISSION'S JURISDICTION 3-AND RULES. ON THE WRITTEN REQUEST OF EITHER PARTY, THE CLERK OF THE 4-SUPERIOR COURT SHALL PROVIDE THE REQUESTING PARTY AND THE REQUESTING 5-PARTY'S ATTORNEY WITH PROMPT ACCESS TO THE COMPLETE COURT RECORD IN THE 6-PROCEEDING, INCLUDING SEALED FILINGS, SUBJECT TO PROTECTIVE ORDERS THAT 7-GOVERN DISSEMINATION, AND SHALL PRIORITIZE REQUESTS FOR COPIES OF ORDERS, 8-MINUTE ENTRIES AND RECORDINGS NECESSARY TO PURSUE AVAILABLE REMEDIES. 9-Sec. 2. Section 25-403.01, Arizona Revised Statutes, is amended to 10-read: 11-25-403.01. Sole and joint legal decision-making and parenting-12-time 13-A. In awarding legal decision-making, the court may order sole 14-legal decision-making or joint legal decision-making. 15-B. In determining the level of decision-making that is in the 16-child's best interests, the court shall consider the factors prescribed in 17-section 25-403, subsection A and all of the following: 18-1. The agreement or lack of an agreement by the parents regarding 19-joint legal decision-making. 20-2. Whether a parent's lack of an agreement is unreasonable or is 21-influenced by an issue not related to the child's best interests. 22-3. The past, present and future abilities of the parents to 23-cooperate in decision-making about the child to the extent required by the 24-order of joint legal decision-making. 25-4. Whether the joint legal decision-making arrangement is 26-logistically possible. 27-C. An order for sole legal decision-making does not allow the 28-parent designated as sole legal decision-maker to alter unilaterally a 29-court-ordered parenting time plan. 30-D. A parent who is not granted sole LEGAL DECISION-MAKING or joint 31-legal decision-making is entitled to reasonable parenting time to ensure 32-that the minor child has substantial, frequent, meaningful and continuing 33-contact with the parent unless the court finds, after a hearing PURSUANT 34-TO SECTION 25-403.11 , that parenting time would endanger the child's 35-physical, mental, moral or emotional health. 36-Sec. 3. Section 25-403.02, Arizona Revised Statutes, is amended to 37-read: 38-25-403.02. Parenting plans 39-A. If the child's parents cannot agree on a plan for legal 40-decision-making or parenting time, each parent must submit a proposed 41-parenting plan. 42-B. Consistent with the child's best interests in section 25-403 and 43-sections 25-403.03, 25-403.04 , and 25-403.05 AND 25-403.11 , the court 44-shall adopt a parenting plan that provides for both parents to share legal 45-HB 2969-- - 3 --decision-making regarding their child and that maximizes their respective 1-parenting time. The court shall not prefer a parent's proposed plan 2-because of the parent's or child's gender. 3-C. Parenting plans shall include at least the following: 4-1. A designation of the legal decision-making as joint or sole as 5-defined in section 25-401. 6-2. A description of each parent's rights and responsibilities for 7-the personal care of the child and for decisions in areas such as 8-education, health care and religious training. 9-3. A practical schedule of parenting time for the child, including 10-holidays and school vacations. 11-4. A procedure for the exchanges of the child, including location 12-and responsibility for transportation. The parenting plan must specify 13-when WHETHER the exchange is required to take place at a safe exchange-14-location pursuant to section 25-403.10. 15-5. A procedure by which proposed changes, relocation of where a 16-child resides with either parent pursuant to section 25-408, disputes and 17-alleged breaches may be mediated or resolved, which may include the use of 18-conciliation services or private counseling. 19-6. A procedure for periodic review of the PARENTING plan's terms by 20-the parents. 21-7. A procedure for parents to communicate with each other about the 22-child, including methods and frequency. 23-8. A statement that each party has read, understands and will abide 24-by the notification requirements of section 25-403.05, subsection B. 25-9. A PROCEDURE FOR NOTICE AND SAFETY PLANNING IN THE EVENT OF A 26-BEHAVIORAL HEALTH CRISIS INVOLVING EITHER PARENT, INCLUDING TEMPORARY 27-ORDERS OR AN EXPEDITED HEARING PURSUANT TO SECTION 25-403.11. 28-D. If the parents are unable to agree on any element to be included 29-in a parenting plan, the court shall determine that element. The court 30-may determine other factors that are necessary to promote and protect the 31-emotional and physical health of the child. 32-E. Shared legal decision-making does not necessarily mean equal 33-parenting time. 34-Sec. 4. Title 25, chapter 4, article 1, Arizona Revised Statutes, 35-is amended by adding section 25-403.11, to read: 36-25-403.11. Voluntary and involuntary commitment; temporary 37-orders; expedited hearing; disclosure; firearms; 38-confidentiality; applicability; definitions 39-A. IF A PARENT WHO IS SUBJECT TO A LEGAL DECISION-MAKING OR 40-PARENTING TIME ORDER PURSUANT TO THIS CHAPTER UNDERGOES INVOLUNTARY 41-COMMITMENT OR VOLUNTARILY COMMITMENT, THAT PARENT OR, IF THE PARENT IS 42-UNABLE, THE PARENT'S ATTORNEY, GUARDIAN OR OTHER AUTHORIZED REPRESENTATIVE 43-SHALL PROVIDE WRITTEN NOTICE TO THE OTHER PARENT AS SOON AS PRACTICABLE. 44-THE NOTICE GIVEN PURSUANT TO THIS SUBSECTION SHALL INCLUDE, TO THE EXTENT 45-HB 2969-- - 4 --KNOWN, AND THE CONTACT INFORMATION OF THE FACILITY WHERE THE PARENT IS 1-UNDERGOING VOLUNTARY COMMITMENT OR INVOLUNTARY COMMITMENT FOR VERIFICATION 2-OF ADMISSION AND DISCHARGE. 3-B. IF A PARENT IS UNDERGOING INVOLUNTARY COMMITMENT, ON RECEIPT OF 4-A VERIFIED PETITION OR MOTION AND SUPPORTING DOCUMENTATION ESTABLISHING 5-THE INVOLUNTARY COMMITMENT, THE COURT SHALL ISSUE A TEMPORARY ORDER 6-IMMEDIATELY SUSPENDING IN-PERSON PARENTING TIME FOR THE COMMITTED PARENT 7-PENDING AN EXPEDITED HEARING. THE COURT SHALL SET THE EXPEDITED HEARING 8-FOR A DATE THAT IS NOT LATER THAN TEN DAYS, EXCLUDING WEEKENDS AND LEGAL 9-HOLIDAYS, AFTER ISSUANCE OF THE TEMPORARY ORDER, UNLESS THE COURT FINDS 10-GOOD CAUSE OR THE PARTIES AGREE TO SET THE EXPEDITED HEARING BEYOND TEN 11-DAYS. THE TEMPORARY ORDER MAY BE ISSUED WITHOUT NOTICE IF THE COURT FINDS 12-THAT IMMEDIATE RELIEF IS NECESSARY TO PROTECT THE CHILD OR CHILDREN THAT 13-ARE THE SUBJECT OF THE PARENTING TIME PLAN. THE COURT, IN ITS DISCRETION, 14-MAY ALLOW THE PARENT WHO IS UNDERGOING THE INVOLUNTARY COMMITMENT 15-TELEPHONIC OR ELECTRONIC CONTACT THAT IS CONSISTENT WITH THE CHILD'S OR 16-CHILDREN'S SAFETY PENDING THE EXPEDITED HEARING. 17-C. AT THE EXPEDITED HEARING REQUIRED PURSUANT TO SUBSECTION B OF 18-THIS SECTION, THE COURT SHALL DETERMINE THE COMMITTED PARENT'S CURRENT 19-MENTAL STATE, COMPLIANCE WITH TREATMENT AND DISCHARGE RECOMMENDATIONS AND 20-WHETHER ANY SAFETY RISKS REMAIN PRESENT TO THE CHILD OR CHILDREN DUE TO 21-THE PARENT'S MENTAL HEALTH DIAGNOSIS AND THE INVOLUNTARY COMMITMENT. IN 22-MAKING THE DETERMINATIONS REQUIRED PURSUANT TO THIS SUBSECTION, THE COURT 23-SHALL CONSIDER RECOMMENDATIONS FROM TREATING PROFESSIONALS AND FROM ANY 24-PROFESSIONAL APPOINTED BY THE COURT, INCLUDING A BEHAVIORAL HEALTH 25-EVALUATOR, CUSTODY EVALUATOR OR OTHER QUALIFIED PROFESSIONAL. IF THE 26-COURT ORDERS AN EVALUATION OF THE PARENT WHO IS UNDERGOING INVOLUNTARY 27-COMMITMENT, THE EVALUATION AND REPORT SHALL, TO THE EXTENT PRACTICABLE, 28-INCLUDE ADDITIONAL INFORMATION FROM TREATING PROFESSIONALS AND THE 29-NONCOMMITTED PARENT, OR PROVIDE AN EXPLANATION WHY ADDITIONAL INFORMATION 30-WAS NOT OBTAINED. 31-D. THE COURT MAY NOT ORDER UNSUPERVISED PARENTING TIME FOLLOWING A 32-PARENT'S INVOLUNTARY COMMITMENT UNLESS THE COURT MAKES WRITTEN FINDINGS, 33-BASED ON THE EVIDENCE PRESENTED, THAT ALL OF THE FOLLOWING APPLY: 34-1. THE PARENT IS PSYCHIATRICALLY STABLE. 35-2. THE PARENT IS NOT EXPERIENCING DELUSIONS OR PSYCHOTIC SYMPTOMS 36-INVOLVING THE CHILD OR CHILDREN, THE OTHER PARENT, CUSTODY, PARENTING TIME 37-OR PERCEIVED THREATS RELATING TO THE CHILD OR CHILDREN. 38-3. THE PARENT DOES NOT PRESENT A CURRENT, CLINICALLY SIGNIFICANT 39-RISK OF SUICIDE OR HOMICIDE. 40-4. THE PARENT DOES NOT PRESENT A CURRENT, UNREASONABLE WEAPONS 41-RISK, INCLUDING FIREARMS ACCESS RISK, AND THE PARENT IS IN COMPLIANCE WITH 42-PARAGRAPH 5 OF THIS SUBSECTION AND ALL RELATED COURT-ORDERED FIREARMS 43-SAFETY CONDITIONS. 44-HB 2969-- - 5 --5. THE PARENT IS COMPLIANT WITH TREATMENT RECOMMENDATIONS, 1-INCLUDING MEDICATION COMPLIANCE WHEN CLINICALLY INDICATED AND WITH 2-DISCHARGE RECOMMENDATIONS AND AFTERCARE PLANNING. 3-E. IF A PARENT UNDERGOES VOLUNTARY COMMITMENT THAT PARENT SHALL 4-DISCLOSE RELEVANT RECORDS PERTAINING TO THE VOLUNTARY COMMITMENT TO THE 5-OTHER PARENT FOR THE PURPOSE OF VERIFYING CURRENT STATUS AND COMPLIANCE 6-WITH TREATMENT GOALS. THE PARENT WHO UNDERGOES VOLUNTARY COMMITMENT, 7-WITHIN FORTY-EIGHT HOURS AFTER ADMISSION, SHALL PROVIDE DOCUMENTATION 8-SUFFICIENT TO VERIFY THE ADMISSION, INCLUDING THE FACILITY NAME AND 9-FACILITY CONTACT INFORMATION. WITHIN FIVE BUSINESS DAYS AFTER THE 10-DISCHARGE OF THE PARENT WHO UNDERWENT VOLUNTARY COMMITMENT, THAT PARENT 11-SHALL PROVIDE THE RELEVANT RECORDS TO THE OTHER PARENT. IF THE 12-VOLUNTARILY COMMITTED PARENT DOES NOT POSSESS THE RELEVANT RECORDS, THE 13-VOLUNTARILY COMMITTED PARENT, WITHIN FIVE BUSINESS DAYS, SHALL EXECUTE THE 14-WRITTEN AUTHORIZATIONS AND RELEASES NECESSARY FOR THE OTHER PARENT TO 15-OBTAIN THE RELEVANT RECORDS DIRECTLY FROM THE FACILITY OR PROVIDER WHERE 16-THE VOLUNTARILY COMMITTED PARENT RECEIVED TREATMENT. THE PARENT WHO WAS 17-NOT VOLUNTARILY COMMITTED MAY PETITION THE COURT FOR RESTRICTIVE LEGAL 18-DECISION-MAKING OR PARENTING TIME ORDERS. THE COURT SHALL SCHEDULE A 19-HEARING ON A PETITION FILED PURSUANT TO THIS SUBSECTION AT THE EARLIEST 20-PRACTICABLE TIME. ABSENT EMERGENCY CIRCUMSTANCES, THE COURT SHALL NOT 21-IMPOSE RESTRICTIVE LEGAL DECISION-MAKING OR PARENTING TIME ORDERS BEFORE 22-HOLDING A HEARING PURSUANT TO THIS SUBSECTION. IN DETERMINING WHETHER TO 23-GRANT OR EXPAND UNSUPERVISED PARENTING TIME IN A CASE INVOLVING A 24-VOLUNTARILY COMMITTED PARENT, THE COURT SHALL MAKE THE WRITTEN FINDINGS 25-REQUIRED BY SUBSECTION D OF THIS SECTION. FOR PURPOSES OF THIS 26-SUBSECTION, "EMERGENCY CIRCUMSTANCES" MEANS THE COURT FINDS, BASED ON A 27-VERIFIED PLEADING OR AFFIDAVIT, THAT A CHILD OR CHILDREN ARE IN IMMINENT 28-DANGER OF PHYSICAL, MENTAL OR EMOTIONAL HARM. 29-F. THE COURT SHALL ORDER A LETHALITY AND PSYCHOSIS RISK ASSESSMENT 30-FOR ANY PARENT WHO UNDERGOES VOLUNTARY COMMITMENT OR INVOLUNTARY 31-COMMITMENT. THE ORDER SHALL REQUIRE COMPLETION OF THE LETHALITY AND 32-PSYCHOSIS RISK ASSESSMENT AND SUBMISSION OF A WRITTEN REPORT TO THE COURT 33-WITHIN FORTY-FIVE DAYS AFTER ISSUANCE OF THE COURT'S ORDER UNLESS THE 34-COURT FINDS GOOD CAUSE TO EXTEND THE DEADLINE. THE LETHALITY AND 35-PSYCHOSIS RISK ASSESSMENT MAY BE COMPLETED BY A QUALIFIED ASSESSOR. ANY 36-INTERVIEW CONDUCTED AS PART OF THE LETHALITY AND PSYCHOSIS RISK ASSESSMENT 37-SHALL BE AUDIO-RECORDED OR VIDEO-RECORDED, ABSENT GOOD CAUSE AS STATED ON 38-THE RECORD. A PARENT WHO IS THE SUBJECT OF A LETHALITY AND PSYCHOSIS RISK 39-ASSESSMENT PURSUANT TO THIS SUBSECTION HAS THE RIGHT TO PRESENT AN 40-INDEPENDENT REBUTTAL EVALUATION BY A QUALIFIED PROFESSIONAL. THE 41-ASSESSMENT REPORT REQUIRED BY THIS SUBSECTION SHALL INCLUDE AN ASSESSMENT 42-OF ALL OF THE FOLLOWING: 43-1. SUICIDAL IDEATION, THREATS AND ATTEMPTS AND SELF-HARM RISK 44-INDICATORS. 45-HB 2969-- - 6 --2. HOMICIDAL IDEATION AND THREATS AND VIOLENCE RISK INDICATORS. 1-3. DELUSIONS, HALLUCINATIONS OR PSYCHOTIC SYMPTOMS INVOLVING THE 2-CHILD OR CHILDREN OR THE CURRENT PARENTING TIME PLAN. 3-4. WEAPONS ACCESS, INCLUDING FIREARMS ACCESS, STORAGE AND PROXIMITY 4-TO THE CHILD OR CHILDREN. 5-5. RELIGIOUS, PERSECUTORY OR COMMAND DELUSIONS, INCLUDING FIXATION 6-ON THE CHILD OR CHILDREN THE OTHER PARENT. 7-6. RECENT PSYCHIATRIC CRISES, INCLUDING EMERGENCY EVALUATIONS, 8-INPATIENT ADMISSIONS OR ACUTE DECOMPENSATION. 9-7. COMPLIANCE WITH MEDICATIONS OR TREATMENT RECOMMENDATIONS, 10-INCLUDING RECENT DISCONTINUATION. 11-8. DOMESTIC VIOLENCE HISTORY, INCLUDING THREATS, COERCIVE CONTROL 12-INDICATORS OR PROTECTIVE ORDER HISTORY. 13-G. THE LETHALITY AND PSYCHOSIS RISK ASSESSMENT REPORT REQUIRED 14-PURSUANT TO SUBSECTION F OF THIS SECTION SHALL BE FILED WITH THE COURT 15-UNDER SEAL AND MAY INCLUDE RECOMMENDATIONS REGARDING SUPERVISION, SAFE 16-EXCHANGES, TREATMENT COMPLIANCE, FIREARMS SAFETY CONDITIONS AND THE TIMING 17-AND STRUCTURE OF ANY REUNIFICATION OR PARENTING TIME PROGRESSION. THE 18-COURT MAY NOT LIFT, TERMINATE OR MATERIALLY REDUCE PARENTING TIME 19-RESTRICTIONS THAT HAVE BEEN IMPOSED PURSUANT TO THIS SUBSECTION AND MAY 20-NOT GRANT OR EXPAND UNSUPERVISED PARENTING TIME, UNLESS THE COURT HAS 21-RECEIVED AND CONSIDERED THE RESULTS OF THE LETHALITY AND PSYCHOSIS RISK 22-ASSESSMENT, TOGETHER WITH ANY OTHER RELEVANT EVIDENCE. IF THE LETHALITY 23-AND PSYCHOSIS RISK ASSESSMENT IDENTIFIES CLINICALLY SIGNIFICANT RISK 24-INDICATORS THAT CREATE AN UNREASONABLE RISK OF HARM TO THE CHILD OR 25-CHILDREN, THE COURT SHALL ORDER SUPERVISED PARENTING TIME AND ANY 26-ADDITIONAL SAFETY CONDITIONS NECESSARY TO PROTECT THE CHILD OR CHILDREN, 27-PENDING FURTHER ORDERS. 28-H. THE COURT MAY ORDER THAT THE LETHALITY AND PSYCHOSIS RISK 29-ASSESSMENT REQUIRED PURSUANT TO SUBSECTION F OF THIS SECTION INCLUDE THE 30-COMPLETION OF AN INTIMATE PARTNER RISK ASSESSMENT OR A SUBSTANTIALLY 31-SIMILAR EVIDENCE-BASED LETHALITY ASSESSMENT SYSTEM, IF DOMESTIC VIOLENCE, 32-COERCIVE CONTROL, THREATS, STALKING, WEAPONS ACCESS OR OTHER LETHALITY 33-RISK INDICATORS ARE ALLEGED OR SHOWN BY EVIDENCE. IF AN INTIMATE PARTNER 34-RISK ASSESSMENT IS USED AS PART OF THE LETHALITY AND PSYCHOSIS RISK 35-ASSESSMENT, THE QUALIFIED ASSESSOR SHALL DO BOTH OF THE FOLLOWING: 36-1. SUBMIT THE COMPLETED INTIMATE PARTNER RISK ASSESSMENT TO THE 37-COURT. 38-2. PROVIDE A BRIEF WRITTEN SUMMARY IDENTIFYING THE RELEVANT RISK 39-TIER OR RISK MARKERS AND RECOMMENDED SAFETY CONDITIONS. 40-I. THIS SECTION DOES NOT PROHIBIT THE COURT FROM ORDERING 41-ADDITIONAL EVALUATIONS THAT THE ARIZONA RULES OF FAMILY LAW PROCEDURE 42-ALLOW OR FROM APPOINTING ADDITIONAL PROFESSIONALS AS NECESSARY. 43-J. IN A MATTER THAT INVOLVES AN INVOLUNTARY COMMITMENT OR VOLUNTARY 44-COMMITMENT, THE COURT SHALL TAKE MEASURES TO ENSURE THAT THE PARENT WHO IS 45-HB 2969-- - 7 --SUBJECT TO INVOLUNTARY COMMITMENT OR VOLUNTARY COMMITMENT DOES NOT POSSESS 1-A FIREARM OR HAVE ACCESS TO A FIREARM IN ANY RESIDENCE IN WHICH THAT 2-PARENT RESIDES OR EXERCISES PARENTING TIME, IN ACCORDANCE WITH STATE AND 3-FEDERAL LAW. THE COURT SHALL INQUIRE AND MAKE FINDINGS REGARDING FIREARMS 4-ACCESS AND WHETHER THE PARENT WHO IS SUBJECT TO INVOLUNTARY COMMITMENT OR 5-VOLUNTARY COMMITMENT IS PROHIBITED FROM POSSESSING OR RECEIVING FIREARMS 6-PURSUANT TO ANY APPLICABLE STATE OR FEDERAL LAW. IF THE COURT FINDS THAT 7-THE PARENT WHO IS SUBJECT TO INVOLUNTARY COMMITMENT OR VOLUNTARY 8-COMMITMENT IS PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM, THE COURT 9-SHALL ORDER THAT PARENT TO NOT POSSESS OR RECEIVE A FIREARM OR AMMUNITION 10-AND TO IMMEDIATELY SURRENDER OR TRANSFER ANY FIREARM AND AMMUNITION THE 11-PARENT POSSESSES OR CONTROLS TO A LAW ENFORCEMENT AGENCY OR TO A THIRD 12-PARTY WHO IS NOT PROHIBITED FROM POSSESSING FIREARMS AND TO PROVIDE PROOF 13-OF COMPLIANCE OF THE SURRENDER OR TRANSFER IN THE MANNER ORDERED BY THE 14-COURT. IF THE PARENT WHO IS SUBJECT TO INVOLUNTARY COMMITMENT OR 15-VOLUNTARY COMMITMENT IS NOT PROHIBITED FROM POSSESSING OR RECEIVING A 16-FIREARM BUT THE COURT FINDS THAT FIREARMS ACCESS WOULD CREATE AN 17-UNREASONABLE RISK TO THE CHILD'S OR CHILDREN'S SAFETY, THE COURT SHALL 18-ORDER REASONABLE SAFETY CONDITIONS, WHICH MAY INCLUDE REQUIRING THAT 19-FIREARMS AND AMMUNITION BE STORED IN A MANNER THAT PREVENTS THAT PARENT'S 20-ACCESS. THIS SUBSECTION DOES NOT EXPAND OR LIMIT CRIMINAL LIABILITY UNDER 21-TITLE 13 OR FEDERAL LAW. 22-K. ANY RECORDS THAT ARE DISCLOSED PURSUANT TO THIS SECTION ARE 23-CONFIDENTIAL AND SHALL BE FILED UNDER SEAL ON REQUEST OF A PARTY OR ON THE 24-COURT'S OWN MOTION. RECORDS THAT ARE DISCLOSED PURSUANT TO THIS SECTION 25-MAY BE USED ONLY FOR PURPOSES OF DETERMINING LEGAL DECISION-MAKING, 26-PARENTING TIME AND CHILD SAFETY. A PARTY WHO RECEIVES RECORDS PURSUANT TO 27-THIS SECTION SHALL NOT DISSEMINATE THE RECORDS EXCEPT TO THE PARTY'S 28-ATTORNEY OF RECORD, RETAINED EXPERTS OR COURT-APPOINTED PROFESSIONALS AND 29-ONLY TO THE EXTENT REASONABLY NECESSARY FOR THE PROCEEDING. THIS SECTION 30-DOES NOT REQUIRE A HEALTH CARE PROVIDER TO DISCLOSE RECORDS ABSENT A 31-LAWFUL AUTHORIZATION OR A COURT ORDER CONSISTENT WITH STATE AND FEDERAL 32-CONFIDENTIALITY LAWS. THIS SUBSECTION DOES NOT LIMIT ACCESS BY EITHER 33-PARTY OR EITHER PARTY'S ATTORNEY OF RECORD TO RECORDS FILED UNDER SEAL IN 34-THE PROCEEDING, SUBJECT TO ANY PROTECTIVE ORDER GOVERNING THE 35-DISSEMINATION OF THE RECORDS BEYOND THE PARTIES, EITHER PARTY'S ATTORNEY 36-OF RECORD, RETAINED EXPERTS AND COURT-APPOINTED PROFESSIONALS. 37-L. THE COURT MAY IMPOSE APPROPRIATE SANCTIONS FOR NONCOMPLIANCE 38-WITH THIS SECTION, INCLUDING ATTORNEY FEES AND COSTS, AND MAY CONSIDER 39-NONCOMPLIANCE WITH THIS SECTION IN DETERMINING THE BEST INTERESTS OF A 40-CHILD AND APPROPRIATE PARENTING TIME CONDITIONS. 41-M. THIS SECTION DOES NOT LIMIT ANY OTHER REMEDIES AVAILABLE UNDER 42-THIS TITLE OR LAW. THIS SECTION DOES NOT DIMINISH, OVERRIDE OR NEUTRALIZE 43-FINDINGS OF DOMESTIC VIOLENCE, COERCIVE CONTROL OR CHILD ABUSE MADE 44-PURSUANT TO SECTION 25-403.03. 45-HB 2969-- - 8 --N. THE DIAGNOSIS OF A PARENT'S MENTAL ILLNESS OR THE FACT THAT A 1-PARENT VOLUNTARILY SEEKS INPATIENT BEHAVIORAL HEALTH TREATMENT DOES NOT 2-CONSTITUTE GROUNDS TO RESTRICT LEGAL DECISION-MAKING OR PARENTING TIME. 3-ANY RESTRICTION REGARDING LEGAL DECISION-MAKING OR PARENTING TIME SHALL BE 4-BASED ON EVIDENCE OF A CURRENT SAFETY RISK TO THAT PARENT'S CHILD OR 5-CHILDREN. 6-O. THIS SECTION APPLIES TO ANY LEGAL DECISION-MAKING OR PARENTING 7-TIME PROCEEDING THAT IS PENDING OR COMMENCED AFTER THE EFFECTIVE DATE OF 8-THIS SECTION. 9-P. FOR THE PURPOSES OF THIS SECTION: 10-1. "INVOLUNTARY COMMITMENT" MEANS AN INVOLUNTARY INPATIENT 11-BEHAVIORAL HEALTH ADMISSION PURSUANT TO TITLE 36, CHAPTER 5. 12-2. "LETHALITY AND PSYCHOSIS RISK ASSESSMENT" MEANS A STRUCTURED 13-RISK ASSESSMENT THAT IS CONDUCTED BY A QUALIFIED BEHAVIORAL HEALTH 14-PROFESSIONAL, THAT EVALUATES CHILD SAFETY RISK FACTORS ASSOCIATED WITH 15-LETHALITY, PSYCHOSIS AND ACUTE PSYCHIATRIC INSTABILITY AND THAT RESULTS IN 16-A WRITTEN REPORT WITH CLINICAL FINDINGS AND SAFETY RECOMMENDATIONS. 17-3. "RELEVANT RECORDS": 18-(a) MEANS RECORDS SUFFICIENT TO VERIFY ALL OF THE FOLLOWING: 19-(i) THE DATES OF ADMISSION AND DISCHARGE. 20-(ii) THE DISCHARGE SUMMARY AND AFTERCARE OR SAFETY PLAN. 21-(iii) CURRENT MEDICATION REGIMEN AND RECOMMENDED FOLLOW-UP CARE. 22-(iv) WRITTEN RECOMMENDATIONS CONCERNING CHILD SAFETY OR PARENTING 23-TIME CONDITIONS. 24-(b) DOES NOT INCLUDE PSYCHOTHERAPY NOTES AS DEFINED IN 45 CODE OF 25-FEDERAL REGULATIONS SECTION 164.501. 26-4. "VOLUNTARY COMMITMENT" MEANS A VOLUNTARY INPATIENT BEHAVIORAL 27-HEALTH ADMISSION PURSUANT TO TITLE 36, CHAPTER 5. 28-Sec. 5. Section 25-406, Arizona Revised Statutes, is amended to 29-read: 30-25-406. Investigations and reports; required training;-31-exemption 32-A. In contested legal decision-making and parenting time 33-proceedings, and in other custody proceedings if a parent or the child's 34-custodian so requests, the court may order an investigation and report 35-concerning legal decision-making or parenting time arrangements for the 36-child. The investigation and report may be made by the court social 37-service agency, the staff of the juvenile court, the local probation or 38-welfare department or a private person. The report must include a written 39-affirmation by the person completing the report that the person has met 40-the training requirements prescribed in subsection C of this section. 41-B. If an investigation and report are ordered pursuant to this 42-section or if the court appoints a family court advisor, the court shall 43-allocate cost based on the financial circumstances of both parties. 44-HB 2969-- - 9 --C. The court shall require a court appointed COURT-APPOINTED-1-attorney for a child, a court appointed COURT-APPOINTED advisor or any 2-person who conducts an investigation or prepares a report pursuant to this 3-section to receive training that meets the following minimum standards: 4-1. Six initial hours of training on domestic violence. 5-2. Six initial hours of child abuse training. 6-3. Four subsequent hours of training every two years on domestic 7-violence and child abuse. 8-3. SIX INITIAL HOURS OF TRAINING ON BEHAVIORAL HEALTH CRISIS AND 9-CHILD SAFETY RISK ASSESSMENT, INCLUDING LETHALITY AND PSYCHOSIS RISK 10-FACTORS, SUICIDE AND HOMICIDE RISK INDICATORS AND THE INTERSECTION OF 11-BEHAVIORAL HEALTH CRISIS AND FIREARMS ACCESS IN FAMILY COURT. 12-4. FOUR SUBSEQUENT HOURS OF TRAINING EACH YEAR ON DOMESTIC 13-VIOLENCE, CHILD ABUSE AND BEHAVIORAL HEALTH CRISIS. 14-D. A person who has completed professional training to become 15-licensed or certified may use that training to completely or partially 16-fulfill the requirements in subsection C of this section if the training 17-included at least six hours each on domestic violence and child abuse and 18-meets the minimum standards. Subsequent professional training in these 19-subject matters may be used to partially or completely fulfill the 20-training requirements prescribed in subsection C of this section if the 21-training meets the minimum standards. 22-E. A physician who is licensed pursuant to title 32, chapter 13 or 23-17 is exempt from the training requirements prescribed in subsection C of 24-this section. 25-F. In preparing a report concerning a child, the investigator may 26-consult any person who may have information about the child or the child's 27-potential legal decision-making and parenting time arrangements. 28-G. The court shall mail the investigator's report to counsel at 29-least ten days before the hearing. The investigator shall make available 30-to counsel the names and addresses of all persons whom the investigator 31-has consulted. Any party to the proceeding may call for examination of 32-the investigator and any person consulted by the investigator. 33-Sec. 6. Legislative findings and purpose 34-A. The legislature finds that: 35-1. Arizona's public policy is that children benefit from 36-substantial, frequent, meaningful and continuing contact with both parents 37-consistent with the child's safety and best interests. 38-2. In rare but high-risk circumstances, an acute inpatient 39-behavioral health crisis can create unpredictable safety risks that 40-warrant prompt judicial review of existing parenting time orders. 41-3. Arizona law provides specific procedures and safeguards in cases 42-involving domestic violence and substance abuse, and a similar 43-standardized, due-process-protected procedure is needed to address mental 44-HB 2969-- - 10 --health, including inpatient behavioral health crises, while protecting 1-confidentiality and encouraging treatment. 2-B. The purpose of this act is to: 3-1. Establish a uniform process for immediate temporary orders and 4-expedited hearings following an involuntary inpatient behavioral health 5-admission under title 36, Arizona Revised Statutes. 6-2. Require limited disclosure of defined inpatient treatment 7-information following a voluntary inpatient behavioral health admission, 8-with confidentiality protections and without penalizing treatment-seeking 9-behavior. 10-3. Ensure that, in cases involving a behavioral health crisis, 11-family courts address firearms access consistent with state and federal 12-law as a child-safety measure. 13-4. Strengthen evidence-based decision-making and training for 14-court-appointed professionals in high-risk cases. 15-5. Require timely, evidence-based lethality and psychosis risk 16-assessments in high-risk cases involving inpatient behavioral health 17-crises and require written judicial findings before unsupervised parenting 18-time is granted or expanded. 19-Sec. 7. Short title-20-This act may be cited as the "Alec and Lydia Act". 21+ARIZONA HOUSE OF REPRESENTATIVES++57th+ Legislature, 2nd Regular Session++Majority Research Staff++HB+2969: behavioral health crisis; temporary orders++Sponsor:+Representative Pe�a, LD 23++Committee+on Judiciary++Overview++Establishes+comprehensive requirements and procedures when a parent subject to a legal+decision-making or parenting time order undergoes a voluntary or involuntary+inpatient behavioral health admission, including temporary orders, risk+assessments, firearms-related inquiries and parenting plan requirements.++History++Current law directs the court, when issuing or modifying+orders for legal decision-making and parenting time, to decide according to the+child�s best interests by weighing all relevant factors affecting the child�s+physical and emotional well-being. Factors include the child�s relationships+and adjustment, the child�s wishes if mature enough, the health of those+involved, each parent�s willingness to support the child�s continuing contact+with the other parent, any intentional court deception to gain advantage, any+domestic violence or child abuse, any coercion or duress in reaching an+agreement, compliance with required education provisions, and any conviction+for false reporting of child abuse or neglect. In any contested case, the court+must also make specific findings on the record identifying the relevant factors+and explaining why the outcome serves the child�s best interests (A.R.S. � 25-403).++Provisions++Immediately+Following Either Form of Commitment++1.+Requires a+parent, who undergoes voluntary or involuntary commitment, and who is subject+to a legal decision-making or parenting time order, to provide written notice+to the other parent as soon as practicable, including facility contact+information. (Sec. 4)++In+the Case of Involuntary Commitment++2.+Instructs, on+receipt of a verified petition and supporting documentation establishing+involuntary commitment has occurred, the court to immediately issue a temporary+order suspending in-person parenting time for the committed parent pending an+expedited hearing. (Sec. 4)++3.+Mandates the+court set the expedited hearing no later than 10 days (excluding weekends and+legal holidays) after issuance of the temporary order, unless good cause or+party agreement supports a later date. (Sec. 4)++4.+Permits the+court to allow telephonic and electronic contact for the committed parent, consistent+with child safety, pending the expedited hearing. (Sec. 4)++5.+Outlines+procedures for the expedited hearing to determine the committed parent�s+current mental state and safety risks. (Sec. 4)++6.+Prohibits the+court from ordering unsupervised parenting time unless the court makes written+findings that specified conditions apply, including psychiatric stability,+absence of relevant delusions, compliance with firearms safety conditions and+compliance with treatment recommendations. (Sec. 4)++In+the Case of Voluntary Commitment++7.+Instructs the+voluntarily committed parent to provide, to the other parent, documentation+verifying admission within 48 hours and to provide relevant records within five+business days after discharge. (Sec. 4)++8.+Permits the+noncommitted parent to petition for restrictive orders; in such a case, the+court must schedule a hearing at the earliest practicable time. (Sec. 4)++9.+Stipulates+that, absent emergency circumstances, the court cannot impose restrictive+orders before holding the hearing. (Sec. 4)++10.+Instructs+the court to make specified written findings when determining whether to grant+or expand unsupervised parenting time in a case involving a voluntarily+committed parent. (Sec. 4)++In+Cases of Commitment Generally++11.+Directs the+court to order a lethality and psychosis risk assessment for any parent who+undergoes voluntary or involuntary commitment and outlines procedures for the+assessment. (Sec. 4)++12.+Prohibits+the court from reducing restrictions or expanding unsupervised parenting time+until the court receives and considers the assessment; requires supervised+parenting time and additional safety conditions if the assessment identifies+clinically significant risk indicators. (Sec. 4)++13.+Permits inclusion+of an intimate partner risk assessment where relevant indicators are alleged or+shown, and outlines relevant procedures. (Sec. 4)++14.+Requires the+court to take measures to ensure the committed parent does not possess or have+access to firearms in any residence where that parent resides or exercises+parenting time, consistent with state and federal law. (Sec. 4)++15.+Requires the+court to make findings regarding firearms access and whether the parent is+prohibited from possessing them. (Sec. 4)++16.+Authorizes+the court to require surrender of firearms or mandate reasonable safety+conditions. (Sec. 4)++17.+Outlines+confidentiality of mental health records. (Sec. 4)++18.+Allows+sanctions for noncompliance with this Act and permits the court to consider+noncompliance in best-interests and parenting-time condition determinations.+(Sec. 4)++19.+Asserts that+this Act does not limit other remedies. (Sec. 4)++20.+Asserts that+mental illness diagnosis or voluntary inpatient treatment alone is not grounds+to restrict orders and that restrictions must be based on evidence of a current+safety risk. (Sec. 4)++Miscellaneous++21.+Requires the+clerk of the superior court to transmit the docket and relevant orders and+minute entries to the Commission on Judicial Conduct for review if:++a.+a child is+seriously physically injured or killed in a case involving commitment after the+court grants or expands parenting time from supervised to unsupervised; and++b.+the court+record does not include the required lethality and psychosis risk assessment or+the written findings required by this Act. (Sec. 1)++22.+Requires the+clerk of the superior court, in the aforesaid case of injury or death, on+written request of either party, to grant prompt access to the complete court+record, including sealed filings, to pursue available remedies. (Sec. 1)++23.+Specifies+that a parent is entitled to reasonable parenting time unless the court finds,+in a hearing pursuant only to the procedures of this Act, that parenting time+would endanger the child. (Sec. 2)++24.+Adds that+parenting plans must include a procedure for notice and safety planning in the+event of a behavioral health crisis involving either parent. (Sec. 3)++25.+Outlines+expanded training requirements for court appointed professionals. (Sec. 5)++26.+Defines+pertinent terms. (Sec. 4)++27.+Contains a+legislative findings and purpose clause. (Sec. 6)++28.+Designates+this Act with the short title of the Alec and Lydia Act. (Sec. 7)++---------- DOCUMENT FOOTER ---------++Initials NM��������������� HB+2969++2/5/2026��������� Page+0 Judiciary++---------- DOCUMENT FOOTER ---------
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