Bill Text: AZ HB2301 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: Child custody; investigators; appointment
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-01-19 - House read second time [HB2301 Detail]
Download: Arizona-2017-HB2301-Introduced.html
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REFERENCE TITLE: child custody; investigators; appointment |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2301 |
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Introduced by Representative Kern
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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
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. 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.
Sec. 2. Section 25-406, Arizona Revised Statutes, is amended to read:
25-406. Investigations and reports
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 F of this section.
B. Before ordering an investigation and report, the court shall hold an appointment review hearing to address all of the following:
1. The specific issues to be investigated and included in the report.
2. The necessity of investigating these issues in deciding legal decision‑making or parenting time or both.
3. The expected duration and billing hours for the investigation.
4. The qualifications of the person proposed to conduct the investigation.
5. The number and types of appointments the proposed investigator has active at the time of the appointment review hearing.
6. The ability of the parties to pay the fee for the investigation and report.
7. Any alternative investigator that is requested by a party and the qualifications of the alternative investigator to perform the investigation and report.
C. In determining whether to order an investigation and report and who should perform the investigation and report, the court:
1. Shall order an investigation and report only if the investigation involves one or more of the following:
(a) A factor for determining legal decision‑making or parenting time pursuant to section 25‑403.
(b) A disputed valuation of a financial asset that is subject to division between the parties pursuant to section 25‑318 or 25‑327.
2. Shall give preference to an investigator who is proposed by either party if the investigator has qualifications that are sufficient to indicate that the proposed investigator can complete the investigation and report.
3. Shall give preference to an investigator who accepts insurance or some other arrangement that minimizes the out‑of‑pocket cost to either or both of the parties.
4. May not appoint an investigator who at the time of the appointment review hearing has thirty or more active appointments pursuant to this section.
D. An appointment to perform an investigation and report may not exceed sixty days' duration and forty billed hours. If the court wants further investigation on the specific issues identified in the appointment order, the court shall schedule a new appointment review hearing.
B. E. 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 and may not allocate costs to either party that exceed what each party is reasonably able to pay. The total hourly billing rate paid to the investigator may not exceed fifty dollars.
C. F. 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. G. 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 F 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 F of this section if the training meets the minimum standards.
E. H. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C F of this section.
F. I. 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. J. The court shall mail the investigator's report to counsel at least ten days before the hearing on the contested legal decision‑making and parenting time. 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.
K. This section does not authorize an investigator to make temporary or permanent orders to the parties on behalf of the court.
