Bill Text: AZ HB2217 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed
Bill Title: Investigators; legal decision-making; parenting time
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-03-02 - House third reading FAILED voting: (23-35-2-0) [HB2217 Detail]
Download: Arizona-2016-HB2217-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HOUSE BILL 2217 |
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AN ACT
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 25-406, 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 E 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 do both of the following:
1. In selecting an investigator, give primary preference to people, companies or organizations whose services are covered by the parties' insurance.
2. Make findings of fact as to the ability of the parties to pay the fees of the investigator and allocate cost based on the financial circumstances of both parties.
C. Notwithstanding subsection B of this section, The court may not require a party to pay more than seventy percent of the investigator's fees without first finding clear and convincing EVIDENCE that the party acted in bad faith in regard to proceedings within this chapter.
D. The court may authorize the appointed investigator to bill up to four hours, except by stipulation of the parties in writing. The court may authorize additional hours in increments of up to four hours or by the number of hours stipulated to by the parties in writing. Unless the parties stipulate otherwise, Before authorizing additional hours by the investigator, the court shall hold a hearing and make findings of fact on the following:
1. the tangible results of the investigator's efforts to date.
2. the specific needs of the court that require additional time.
3. the ability of each party to pay the apportionment of additional billable hours.
C. E. 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. F. 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 E 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 E of this section if the training meets the minimum standards.
E. G. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C E of this section.
H. The court may not grant any powers to the Investigator beyond those prescribed by statute. In making a finding or issuing a ruling under this section, the court shall state all relevant legal sources of authority.
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.
J. An investigator shall record all meetings, interviews or other activities related to the duties under this section. The investigator shall provide the parties, or their respective counsel if represented, a copy of any recording within two business days after the recorded meeting, interview or other activity.
K. The parties in an action under this title may record any meeting, interview or other activity that involves the party and the investigator under this section. This right may not be revoked or stipulated away.
L. Reports made by an investigator under this section shall include evidence to support any statements of fact, opinions, conclusions or recommendations. The court shall give no weight to any statements of fact, opinions, conclusions or recommendations that are not supported by evidence.
G. M. 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.
N. Except for Clinical and reporting functions, the investigator'S Activities, including any activities not authorized by the court, are not protected by immunity.
O. The Court may not issue orders that in whole or in part abridge any party's access to the court.
P. The court may not enter an order that in whole or in part abridges any party's due process rights, including the right to disclosure.
Q. The court shall forward a written complaint by any party to an action under this title Alleging a violation of title 13 to the appropriate law enforcement agency for investigation.
