HB 2969

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
  Pe�a: 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)
Be it enacted by the Legislature of the State of Arizona:
Section. 1. Section 25-403, Arizona Revised
Statutes, is amended to read:
START_STATUTE25-403. Legal decision-making; parenting time; best interests of child;
judicial referral
A. The court shall determine legal decision-making
and parenting time, either originally or on petition for modification, in
accordance with the best interests of the child. The court shall
consider all factors that are relevant to the child's physical and emotional
well-being, including:
1. The past, present and potential future
relationship between the parent and the child.
2. The interaction and interrelationship of the
child with the child's parent or parents, the child's siblings and any other
person who may significantly affect the child's best interest interests.
3. The child's adjustment to home, school and
community.
4. If the child is of suitable age and maturity, the
wishes of the child as to legal decision-making and parenting time.
5. The mental and physical health of all individuals
involved.
6. Which parent is more likely to allow the child
frequent, meaningful and continuing contact with the other parent.� This
paragraph does not apply if the court determines that a parent is acting in
good faith to protect the child from witnessing an act of domestic violence or
being a victim of domestic violence or child abuse.
7. Whether one parent intentionally misled the court
to cause an unnecessary delay, to increase the cost of litigation or to
persuade the court to give a legal decision-making or a parenting time
preference to that parent.
8. Whether there has been domestic violence or child
abuse pursuant to section 25-403.03.
9. The nature and extent of coercion or duress used
by a parent in obtaining an agreement regarding legal decision-making or
parenting time.
10. Whether a parent has complied with chapter 3,
article 5 of this title.
11. Whether either parent was convicted of an act of
false reporting of child abuse or neglect under section 13-2907.02.
B. In a contested legal decision-making or parenting
time case, the court shall 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.
C. If a child is seriously physically
injured or killed after a court grants or expands parenting time from
supervised to unsupervised or materially expands unsupervised parenting time in
a proceeding in which section 25-403.11 applies and the court record does not
include the lethality and psychosis risk assessment or the written findings
required by section 25-403.11, the clerk of the superior court shall transmit
the docket and the relevant orders and minute entries to the Commission on Judicial
Conduct for review consistent with the Commission's jurisdiction and rules.� On
the written request of either party, the clerk of the superior court shall
provide the requesting party and the requesting party's attorney with prompt
access to the complete court record in the proceeding, including sealed
filings, subject to protective orders that govern dissemination, and shall
prioritize requests for copies of orders, minute entries and recordings
necessary to pursue available remedies. END_STATUTE
Sec. 2. Section 25-403.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE25-403.01. Sole and joint legal decision-making and parenting time
A. In awarding legal decision-making, the court may
order sole legal decision-making or joint legal decision-making.
B. In determining the level of decision-making that
is in the child's best interests, the court shall consider the factors
prescribed in section 25-403, subsection A and all of the following:
1. The agreement or lack of an agreement by the
parents regarding joint legal decision-making.
2. Whether a parent's lack of an agreement is
unreasonable or is influenced by an issue not related to the child's best
interests.
3. The past, present and future abilities of the
parents to cooperate in decision-making about the child to the extent required
by the order of joint legal decision-making.
4. Whether the joint legal decision-making
arrangement is logistically possible.
C. An order for sole legal decision-making does not
allow the parent designated as sole legal decision-maker to alter unilaterally
a court-ordered parenting time plan.
D. A parent who is not granted sole legal
decision-making or joint legal decision-making is entitled to
reasonable parenting time to ensure that the minor child has substantial,
frequent, meaningful and continuing contact with the parent unless the court
finds, after a hearing pursuant to section 25-403.11,
that parenting time would endanger the child's physical, mental, moral or
emotional health. END_STATUTE
Sec. 3. Section 25-403.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE25-403.02. Parenting plans
A. If the child's parents cannot agree on a plan for
legal decision-making or parenting time, each parent must submit a
proposed parenting plan.
B. Consistent with the child's best interests in
section 25-403 and sections 25-403.03, 25-403.04, and 25-403.05 and
25-403.11, the court shall adopt a parenting plan that provides for both
parents to share legal decision-making regarding their child and that
maximizes their respective parenting time. The court shall not
prefer a parent's proposed plan because of the parent's or child's gender.
C. Parenting plans shall include at least the
following:
1. A designation of the legal decision-making as
joint or sole as defined in section 25-401.
2. A description of each parent's rights and
responsibilities for the personal care of the child and for decisions in areas
such as education, health care and religious training.
3. A practical schedule of parenting time for the
child, including holidays and school vacations.
4. A procedure for the exchanges of the child,
including location and responsibility for transportation.� The parenting plan must
specify when whether the exchange is
required to take place at a safe exchange location pursuant to section
25-403.10.
5. A procedure by which proposed changes, relocation
of where a child resides with either parent pursuant to section 25-408,
disputes and alleged breaches may be mediated or resolved, which may include
the use of conciliation services or private counseling.
6. A procedure for periodic review of the parenting plan's terms by the parents.
7. A procedure for parents to communicate with each
other about the child, including methods and frequency.
8. A statement that each party has read, understands
and will abide by the notification requirements of section 25-403.05,
subsection B.
9. A procedure for notice and safety
planning in the event of a behavioral health crisis involving either parent,
including temporary orders or an expedited hearing pursuant to section
25-403.11.
D. If the parents are unable to agree on any element
to be included in a parenting plan, the court shall determine that
element. The court may determine other factors that are necessary to
promote and protect the emotional and physical health of the child.
E. Shared legal decision-making does not necessarily
mean equal parenting time. END_STATUTE
Sec. 4. Title 25, chapter 4, article 1, Arizona
Revised Statutes, is amended by adding section 25-403.11, to read:
START_STATUTE25-403.11. Voluntary and involuntary commitment; temporary orders; expedited
hearing; disclosure; firearms; confidentiality; applicability; definitions
A. If a parent who is subject to a
legal decision-making or parenting time order pursuant to this chapter
UNDERGOES involuntary commitment or voluntarily commitment, that parent or, if
the parent is unable, the parent's attorney, guardian or other authorized
representative shall provide written notice to the other parent as soon as
practicable.� The notice given pursuant to this subsection shall include, to
the extent known, and the Contact information of the facility where the parent
is undergoing voluntary commitment or INVOLUNTARY commitment for verification
of admission and discharge.
B. If a parent is undergoing
involuntary commitment, on receipt of a verified petition or motion and
supporting documentation establishing the involuntary commitment, the court
shall issue a temporary order immediately suspending in-person parenting time
for the committed parent pending an expedited hearing.� The court shall set the
expedited hearing for a date that is not later than ten days, excluding
weekends and legal holidays, after issuance of the temporary order, unless the
court finds good cause or the parties agree to set the expedited hearing beyond
ten days.� The temporary order may be issued without notice if the court finds
that immediate relief is necessary to protect the child or children that are
the subject of the parenting time plan.� The court, in its discretion, may
allow the parent who is undergoing the involuntary commitment telephonic or
electronic contact that is consistent with the child's or children's safety
pending the expedited hearing.
C. At the expedited hearing required
pursuant to subsection B of this section, the court shall determine the
committed parent's current mental state, compliance with treatment and
discharge recommendations and whether any safety risks remain present to the
child or children due to the parent's mental health diagnosis and the
involuntary commitment.� In making the determinations required pursuant to this
subsection, the court shall consider recommendations from treating
professionals and from any professional appointed by the court, including a
behavioral health evaluator, custody evaluator or other qualified
professional.� If the court orders an evaluation of the parent who is
undergoing involuntary commitment, the evaluation and report shall, to the extent
practicable, include additional information from treating professionals and the
noncommitted parent, or provide an explanation why additional information was
not obtained.
D. The court may not order
unsupervised parenting time following a parent's involuntary commitment unless
the court makes written findings, based on the evidence presented, that all of
the following apply:
1. The parent is psychiatrically
stable.
2. The parent is not experiencing
delusions or psychotic symptoms involving the child or children, the other
parent, custody, parenting time or perceived threats relating to the child or
children.
3. The parent does not present a
current, clinically significant risk of suicide or homicide.
4. The parent does not present a
current, unreasonable weapons risk, including firearms access risk, and the
parent is in compliance with paragraph 5 of this subsection and all related
court-ordered firearms safety conditions.
5. The parent is compliant with
treatment recommendations, including medication compliance when clinically
indicated and with discharge recommendations and aftercare planning.
E. If a parent undergoes VOLUNTARY
commitment that parent shall disclose relevant records pertaining to the
voluntary commitment to the other parent for the purpose of verifying current
status and compliance with treatment goals.� The parent who undergoes voluntary
COMMITMENT, within forty-eight hours after admission, shall provide
documentation sufficient to verify the admission, including the facility name
and facility contact information.� Within five business days after the
discharge of the parent who underwent voluntary commitment, that parent shall
provide the relevant records to the other parent.� If the voluntarily committed
parent does not possess the relevant records, the voluntarily committed parent,
within five business days, shall execute the written authorizations and
releases necessary for the other parent to obtain the relevant records directly
from the facility or provider where the voluntarily committed parent received
treatment.� The parent who was not voluntarily committed may petition the court
for restrictive legal decision-making or parenting time orders.� The court
shall schedule a hearing on a petition filed pursuant to this subsection at the
earliest practicable time.� Absent emergency circumstances, the court shall not
impose restrictive legal decision-making or parenting time orders before
holding a hearing pursuant to this subsection.� In determining whether to grant
or expand unsupervised parenting time in a case involving a voluntarily
committed parent, the court shall make the written findings required by
subsection D of this section.� For purposes of this subsection, "emergency
circumstances" means the court finds, based on a verified pleading or
affidavit, that a child or children are in imminent danger of physical, mental
or emotional harm.
F. the court shall order a lethality
and psychosis risk assessment for any parent who undergoes voluntary commitment
or involuntary commitment.� The order shall require completion of the lethality
and psychosis risk assessment and submission of a written report to the court
within forty-five days after issuance of the court's order unless the court
finds good cause to extend the deadline.� The lethality and psychosis risk
assessment may be completed by a qualified assessor.� Any interview conducted
as part of the lethality and psychosis risk assessment shall be audio-recorded
or video-recorded, absent good cause as stated on the record.� A parent who is
the subject of a lethality and psychosis risk assessment pursuant to this
subsection has the right to present an independent rebuttal evaluation by a
qualified professional. The assessment report required by this
subsection shall include an assessment of all of the following:
1. Suicidal ideation, threats and
attempts and self-harm risk indicators.
2. Homicidal ideation and threats and
violence risk indicators.
3. Delusions, hallucinations or
psychotic symptoms involving the child or children or the current parenting
time plan.
4. Weapons access, including firearms
access, storage and proximity to the child or children.
5. Religious, persecutory or command
delusions, including fixation on the child or children the other parent.
6. Recent psychiatric crises,
including emergency evaluations, inpatient admissions or acute decompensation.
7. Compliance with medications or
treatment recommendations, including recent discontinuation.
8. Domestic violence history,
including threats, coercive control indicators or protective order history.
G. The lethality and psychosis risk
assessment report required pursuant to subsection F of this section shall be
filed with the court under seal and may include recommendations regarding
supervision, safe exchanges, treatment compliance, firearms safety conditions
and the timing and structure of any reunification or parenting time
progression.� The court may not lift, terminate or materially reduce parenting
time restrictions that have been imposed pursuant to this subsection and may
not grant or expand unsupervised parenting time, unless the court has received
and considered the results of the lethality and psychosis risk assessment,
together with any other relevant evidence.� If the lethality and psychosis risk
assessment identifies clinically significant risk indicators that create an
unreasonable risk of harm to the child or children, the court shall order
supervised parenting time and any additional safety conditions necessary to
protect the child or children, pending further orders.�
H. The court may order that the
lethality and psychosis risk assessment required pursuant to subsection F of
this section include the completion of an intimate partner risk assessment or a
substantially similar evidence-based lethality assessment system, if domestic
violence, coercive control, threats, stalking, weapons access or other
lethality risk indicators are alleged or shown by evidence.� If an intimate
partner risk ASSESSMENT is used as part of the lethality and psychosis risk
assessment, the qualified assessor shall do both of the following:
1. Submit the completed intimate
partner risk assessment to the court.
2. Provide a brief written summary
identifying the relevant risk tier or risk markers and recommended safety
conditions.
I. this section does not prohibit the
court from ordering additional evaluations that the Arizona rules of family law
procedure allow or from appointing additional professionals as necessary.
J. In a matter that involves an
involuntary commitment or voluntary commitment, the court shall take measures
to ensure that the parent who is subject to involuntary commitment or voluntary
commitment does not possess a firearm or have access to a firearm in any
residence in which that parent resides or exercises parenting time, in
accordance with state and federal law.� The court shall inquire and make
findings regarding firearms access and whether the parent who is subject to
involuntary commitment or voluntary commitment is prohibited from possessing or
receiving firearms pursuant to any applicable state or federal law.� If the
court finds that the parent who is subject to involuntary commitment or
voluntary commitment is prohibited from possessing or receiving a firearm, the
court shall order that parent to not possess or receive a firearm or ammunition
and to immediately surrender or transfer any firearm and ammunition the parent
possesses or controls to a law enforcement agency or to a third party who is
not prohibited from possessing firearms and to provide proof of compliance of
the surrender or transfer in the manner ordered by the court. If the
parent who is subject to involuntary commitment or voluntary commitment is not
prohibited from possessing or receiving a firearm but the court finds that
firearms access would create an unreasonable risk to the child's or children's
safety, the court shall order reasonable safety conditions, which may include
requiring that firearms and ammunition be stored in a manner that prevents that
parent's access.� this subsection does not expand or limit criminal liability
under title 13 or federal law.
K. Any records that are disclosed
pursuant to this section are confidential and shall be filed under seal on
request of a party or on the court's own motion.� Records that are disclosed
pursuant to this section may be used only for purposes of determining legal
decision-making, parenting time and child safety.� A party who receives records
pursuant to this section shall not disseminate the records except to the
party's attorney of record, retained experts or court-appointed professionals
and only to the extent reasonably necessary for the proceeding.� this section
does not require a health care provider to disclose records absent a lawful
authorization or a court order consistent with state and federal
confidentiality laws.� this subsection does not limit access by either party or
either party's attorney of record to records filed under seal in the
proceeding, subject to any protective order governing the dissemination of the
records beyond the parties, either party's Attorney of record, retained experts
and court-appointed professionals.
L. The court may impose appropriate
sanctions for noncompliance with this section, including attorney fees and
costs, and may consider noncompliance with this section in determining the best
interests of a child and appropriate parenting time conditions.
M. this section does not limit any
other remedies available under this title or law.� this section does not
diminish, override or neutralize findings of domestic violence, coercive
control or child abuse made pursuant to section 25-403.03.�
N. the diagnosis of a parent's mental
illness or the fact that a parent voluntarily seeks inpatient behavioral health
treatment does not constitute grounds to restrict legal decision-making or
parenting time.� Any Restriction regarding legal decision-making or parenting
time shall be based on evidence of a current safety risk to THAT parent's child
or children.
O. This section applies to any legal
decision-making or parenting time proceeding that is pending or commenced after
the effective date of this section.
P. For the purposes of this section:
1. "Involuntary commitment"
means an involuntary inpatient behavioral health admission pursuant to title
36, chapter 5.
2. "Lethality and psychosis risk
assessment" means a structured risk assessment that is conducted by a
qualified behavioral health professional, that evaluates child safety risk
factors associated with lethality, psychosis and acute psychiatric instability
and that results in a written report with clinical findings and safety
recommendations.
3. "Relevant records":
(a) means
records sufficient to verify all of the following:
(i) The dates
of admission and discharge.
(ii) The
discharge summary and aftercare or safety plan.
(iii) Current
medication regimen and recommended follow-up care.
(iv) Written
recommendations concerning child safety or parenting time conditions.
(b) does not
include psychotherapy notes as defined in 45 code of federal regulations
section 164.501.
4. "Voluntary commitment"
means a voluntary inpatient behavioral health admission pursuant to title 36,
chapter 5.� END_STATUTE
Sec. 5. Section 25-406, Arizona Revised
Statutes, is amended to read:
START_STATUTE25-406. Investigations and reports; required training; exemption
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 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.
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.
C. The court shall require a court
appointed court-appointed attorney for a
child, a court appointed 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.
3. Six initial hours of training on
behavioral health crisis and child safety risk assessment, INCLUDING lethality
and psychosis risk factors, suicide and homicide risk indicators and the
intersection of behavioral health crisis and firearms access in family court.
4. Four subsequent hours of training
each year on domestic violence, child abuse and behavioral health crisis.
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. In preparing a report concerning a child, the
investigator may consult any person who may have information about the child or
the child's potential legal decision-making and parenting time arrangements.
G. The court shall mail the investigator's report to
counsel at least ten days before the hearing. The investigator shall
make available to counsel the names and addresses of all persons whom the
investigator has consulted. Any party to the proceeding may call for
examination of the investigator and any person consulted by the investigator. END_STATUTE
Sec. 6. Legislative findings and purpose
A. The legislature finds
that:
1. Arizona's public policy
is that children benefit from substantial, frequent, meaningful and continuing
contact with both parents consistent with the child's safety and best
interests.
2. In rare but high-risk
circumstances, an acute inpatient behavioral health crisis can create
unpredictable safety risks that warrant prompt judicial review of existing
parenting time orders.
3. Arizona law provides
specific procedures and safeguards in cases involving domestic violence and
substance abuse, and a similar standardized, due-process-protected procedure is
needed to address mental health, including inpatient behavioral health crises,
while protecting confidentiality and encouraging treatment.
B. The purpose of this act
is to:
1. Establish a uniform
process for immediate temporary orders and expedited hearings following an
involuntary inpatient behavioral health admission under title 36, Arizona
Revised Statutes.
2. Require limited
disclosure of defined inpatient treatment information following a voluntary
inpatient behavioral health admission, with confidentiality protections and
without penalizing treatment-seeking behavior.
3. Ensure that, in cases
involving a behavioral health crisis, family courts address firearms access
consistent with state and federal law as a child-safety measure.
4. Strengthen
evidence-based decision-making and training for court-appointed professionals
in high-risk cases.
5. Require timely,
evidence-based lethality and psychosis risk assessments in high-risk cases
involving inpatient behavioral health crises and require written judicial
findings before unsupervised parenting time is granted or expanded.
Sec. 7. Short title
This act may be cited as the
"Alec and Lydia Act".