Official Summary Text
HB2615 - 572R - Senate Fact Sheet
A
RIZONA
S
TATE
S
ENATE
RESEARCH STAFF
LIAM MAHER
LEGISLATIVE RESEARCH ANALYST
APPROPRIATIONS, TRANSPORTATION
& TECHNOLOGY
COMMITTEE
Telephone: (602) 926-3171
TO:����������������� MEMBERS
OF THE SENATE
�����������������������
APPROPRIATIONS, TRANSPORTATION & TECHNOLOGY COMMITTEE
DATE:����������� March
27, 2026
SUBJECT:�����
Strike
everything amendment to
H.B. 2615
, relating to DCS; oversight
committee
Purpose
Establishes the Independent Oversight Committee on the Department of
Child Safety (DCS IOC) and outlines membership, duties and reporting
requirements.
Background
�����������
Laws 2014, Second Special Session, Chapter 1
established DCS to protect the children of Arizona by: 1) investigating reports
of abuse and neglect; 2) assessing, promoting and supporting the safety of a
child in a safe and stable family or other appropriate placement in response to
allegations of abuse or neglect; 3) working cooperatively with law enforcement
regarding reports that include criminal conduct allegations; and 4) without
compromising child safety, coordinating services to achieve and maintain
permanency on behalf of the child, strengthen the family and provide
prevention, intervention and treatment services. The Director of DCS (Director),
is appointed by the Governor and must have administrative experience in family
support services, the protection of children from maltreatment and possess
qualifications that enable them to manage the affairs of DCS (A.R.S. ��
8-451
and
8-452
).
The strike-everything amendment to H.B. 2615 appropriates $2,200,000 from
the state General Fund (state GF) in FY 2027 to the DCS IOC.�
Provisions
DCS
IOC
1.
Establishes the DCS IOC consisting of the following members:
a)
two members of the Senate who are appointed by the President of the
Senate and who are from different political parties;
b)
two members of the House of Representatives who are appointed by the
Speaker of the House of Representatives and are from different political
parties;
c)
two members who are appointed by the Governor and have demonstrated
experience in child welfare administration, auditing, investigations, systems
improvement or performance management;
d)
one member who is appointed by the Attorney General (AG);
e)
one member who is appointed by the Chief Justice of the Arizona Supreme
Court and who has experience in juvenile law, dependency or court
administration;
f)
one member who is appointed by the Governor and who is a licensed
physician;
g)
one member who is appointed by the Governor and who is a licensed mental
health professional with experience in trauma-informed care and child welfare;
h)
one member who represents a federally recognized Indian tribe in Arizona
who is appointed through tribal consultation facilitated by an organization representing
tribes in Arizona, if a member is not appointed within 60 days after the
appointment request the member must be appointed by the Governor;
i)
one member who is appointed by the Governor and who represents foster
parents;
j)
one member who is appointed by the Governor and has experience in the
child welfare system and who may be a previous child that was in care and
custody of DCS.
k)
one member who is appointed by the Governor that represents a county
attorney's office, a law enforcement agency or a child maltreatment
investigative unit and who has experience with the child welfare system; and
l)
one
member who is appointed by the Chief Justice of the Arizona Supreme Court or a
designee of the Chief Justice that represents a court-appointed special
advocate organization or volunteer advocate program.
2.
Requires DCS IOC members (members) to annually select a chairperson.
3.
Prohibits a current DCS employee from being the chairperson of the DCS
IOC and any member that is a current employee or a vendor with direct
responsibility for DCS from being a voting member.
4.
Specifies that members serve three-year terms and allows members to be
reappointed for one subsequent full term.
5.
Allows
a member to be removed by the member's appointing authority for:
a)
neglect of duty;
b)
misconduct;
c)
inability to complete membership obligations; or
d)
unexcused
absences from three consecutive DCS IOC meetings.
6.
Specifies that members serve without compensation except for reasonable
travel expenses and requires reimbursements to be made from the monies
appropriated to the DCS IOC.
7.
Requires the DCS IOC to employ an Executive Director that serves at the
pleasure of the DCS IOC.
8.
Prohibits the Executive Director from being an employee of DCS and
allows the Executive Director to employ experts and administrative staff and
contract with experts.
9.
Requires members to disclose all actual and potential conflicts of
interest and recuse themselves from any matter the DCS IOC is considering in
which the member has, or may have, a conflict of interest.
10.
Requires
the DCS IOC to meet at least monthly.
11.
Specifies
that a majority of the members constitutes a quorum for the transaction of
business.
12.
Subjects
the DCS IOC to open meeting laws, except the members must meet in executive
session when discussing protected information.
13.
Specifies
that records received by the DCS IOC that contain protected information are
considered confidential and are not subject to public records laws except in
de-identified and aggregate form that is consistent with applicable state and
federal law.
14.
Requires the DCS IOC to
adopt written procedures for:
a)
secure handling, storage and transmission of protected information;
b)
training for members and staff relating to confidentiality requirements;
c)
de-identification standards for public reporting; and
d)
receiving, triaging and responding to complaints and whistleblower
communication.
15.
Specifies that the DCS IOC is
independent from DCS for the purposes of oversight, critical incident review,
complaint trend analysis and performance evaluation.
16.
Requires the DCS IOC to:
a)
review and analyze DCS's performance measures, including:
i.
child safety outcomes;
ii.
the recurrence of maltreatment;
iii.
DCS
response times to child welfare allegations;
iv.
child
placement stability;
v.
timelines for permanency placement;
vi.
incidents
of runaway children that are in DCS care;
vii.
the use of
congregate care;
viii.
rates of reentry; and
ix.
any
other indicators that are identified by the DCS IOC.
b)
review DCS policies and practices on:
i.
hotline screening;
ii.
investigations;
iii.
safety
planning;
iv.
removal
of a child from the child's home;
v.
reunification of a child with the child's parent or guardian;
vi.
guardianship;
vii.
adoption;
and
viii.
care of a child after
the child leaves the custody of DCS.
c)
review DCS staffing levels, caseload ratios, vacancies, training,
retention, worker safety and supervision practices;
d)
review vendor performance, vendor contract compliance, incident
reporting, service availability and billing integrity;
e)
conduct systemic reviews that are focused on high-risk areas, including
rural and tribal access, multidisciplinary coordination and timeliness of
court-required action;
f)
review critical incidents and patterns of critical incidents, including
root cause analysis and systemic contributing factors;
g)
evaluate compliance with applicable state and federal requirements,
including confidentiality, due process requirements and child welfare mandates;
h)
maintain a complaint intake process and evaluate trends to identify
systemic issues; and
i)
issue written findings and recommendations and track corrective action implementation.
17.
Allows the DCS IOC to:
a)
request briefings from DCS and vendors;
b)
conduct site visits, including visits of regional DCS offices and
contracted facilities, and program reviews;
c)
convene expert panels and consult with medical, behavioral health and
child welfare specialists;
d)
request independent audits or evaluations;
e)
enter into contracts for any services that are necessary to complete DCS
IOC business;
f)
issue an urgent notification to the Governor, Speaker of the House of
Representatives and President of the Senate, if the DCS IOC identifies an
imminent systemic risk that presents a substantial risk to child safety, in a
manner that protects the confidentiality of DCS information that identified the
substantial threat;
g)
coordinate with the appropriate law enforcement agencies, tribal
governments, licensing agencies and child fatality or multidisciplinary review
entities to reduce duplication; and
h)
enter
into memorandums of understanding with appropriate agencies to facilitate the
sharing of confidential information.
18.
Allows
the DCS IOC, if the DCS IOC identifies credible evidence of criminal conduct,
civil rights violations or systemic violations of law, to refer the matter to
the appropriate law enforcement agency.
19.
Allows
the referral to include a de-identified summary of the allegation and protected
information only to the extent allowed by state and federal law, if requested
by the law enforcement agency.
20.
Allows
a referral to a federal law enforcement agency to be made without prior
approval of DCS if the DCS IOC reasonably believes the referral is necessary to
protect child safety or preserve evidence.
21.
Allows
the DCS IOC to adopt rules relating to implementing procedures on referrals.
22.
Requires
DCS to provide DCS IOC members and staff with access to all DCS records, data
and information, including protected information in accordance with state and
federal law, that are necessary to perform the DCS IOC's duties.
23.
Requires
DCS to provide requested information in de-identified form and in a format that
is reasonably requested by the DCS IOC.
24.
Requires
each DCS vendor to cooperate with requests from the DCS IOC related to services
provided by the vendor to DCS.
25.
Requires
DCS or the vendor, if a vendor believes that the requested information cannot
be disclosed, within five business days, to provide the DCS IOC with a written
explanation on the reason the information cannot be disclosed.
26.
Requires
the written explanation to cite any legal authority that supports DCS's or the
vendor's position.
27.
Requires
DCS to provide critical incident records as soon as practicable but within 72
hours after the request and any other requested records within 10 business days
after the request.
28.
Allows the DCS IOC to agree
in writing to an extension for good cause.
29.
Stipulates that, if the DCS
IOC determines that DCS or a vendor has not provided access to DCS information
in the required time frames or has failed to cooperate in good faith, the DCS
IOC can refer the failure to provide information to the AG.
30.
Requires the AG to expediate
referrals from the DCS IOC.
31.
Allows the DCS IOC to be
awarded attorney fees and costs related to enforcement efforts taken.
32.
Allows the AG to request
compliance with the requirements through written demand and request a court
order that compels compliance with the requirements.
33.
Requires the DCS IOC to
establish a confidential process to receive complaints and concerns from the
public and DCS employees.
34.
Requires the confidential
process to:
a)
distinguish between individual DCS case concerns and overall system
issues;
b)
allow for the referral of individual DCS case concerns to the Office of
Ombudsman-Citizens Aide (Ombudsman), other appropriate department units, an
appropriate law enforcement agency and any other state agency; and
c)
ensure that systemic patterns identified through complaints that are
received by the DCS IOC are selected for systemic review.
35.
Allows a person to report
information to the DCS IOC through the confidential process.
36.
Prohibits DCS or a vendor
from engaging in retaliation against a person making a report, reporting in
good faith, participating in a DCS IOC review or providing testimony to the DCS
IOC.
37.
Allows a person who believes
retaliation has occurred to submit a complaint to the DCS IOC and allows the DCS
IOC to refer the complaint to an appropriate law enforcement agency for
investigation.
38.
Prohibits a DCS IOC member,
employee or contractor from disclosing protected information except as prescribed.
39.
Requires the DCS IOC to:
a)
publish DCS IOC reports only in de-identified, aggregate form; and
b)
ensure that information is provided in manner that is designed to
prevent the identification of a child or a family.
40.
Requires members and DCS IOC
staff to complete training on confidentiality and record handling before
accessing protected information.
41.
Specifies that disclosure of
protected information to a law enforcement agency is an authorized disclosure
of protected DCS information if the disclosure is:
a)
limited to the minimum disclosure of protected information that is
required; and
b)
transmitted using secure methods that are established by the DCS IOC.
42.
Requires DCS, within 60 days
after receiving a written report of the DCS IOC's findings and recommendations,
to provide a written response that:
a)
identifies each recommendation that is accepted, partially accepted or
rejected;
b)
provides the reason for the rejection, if a recommendation is rejected;
and
c)
includes a corrective action plan, if a recommendation is accepted or
partially accepted, with measurable milestones, target completion dates and who
is responsible within DCS for completing the recommendation.
43.
Requires DCS to provide
quarterly progress updates on a form prescribed by the DCS IOC on each
corrective action plan.
44.
Requires the DCS IOC to
track all corrective action plans and allows the DCS IOC to publish
de-identified progress summaries in a quarterly or annual report.
45.
Requires the DCS IOC to submit
quarterly reports to the Governor, the President of the Senate, the Speaker of
the House of Representatives and the Chief Justice of the Arizona Supreme Court
that summarize the activities, major findings and corrective action plans in
de-identified form.
46.
Requires the DCS IOC, by
December 1 of each year, to submit a report to the Governor, the President of
the Senate, the Speaker of the House of Representatives and the Chief Justice
of the Arizona Supreme Court that includes:
a)
key performance indicators and trends;
b)
a summary of critical incident pattern reviews and systemic contributing
factors;
c)
DCS vendor performance and systemic service gaps;
d)
DCS staffing and caseload trends;
e)
the status of DCS corrective action plans; and
f)
recommendations for statutory, budgetary and administrative changes.
47.
Requires the DCS IOC,
subject to available resources and confidentiality requirements, to develop and
maintain a publicly accessible dashboard of aggregate, de-identified child
safety performance measures.
48.
States that a person who
knowingly discloses protected information is guilty of a class 1 misdemeanor.
49.
Specifies that the initial
terms of members are:
a)
five terms ending January 31, 2027;
b)
five terms ending January 31, 2028; and
c)
five
terms ending January 31, 2029.
50.
Requires
the appropriate official to make all subsequent appointments.
DCS
IOC Fund
51.
Establishes
the DCS IOC (Fund), administered by the DCS IOC, and consisting of legislative
appropriations, grants, gifts and donations.
52.
Specifies
that Fund monies are subject to legislative appropriation.
53.
Allows Fund monies to be
used for:
a)
DCS IOC staffing and operations;
b)
independent audits, evaluations and expert consultations;
c)
secure data systems and confidentiality compliance; and
d)
DCS
IOC travel and site visits that are required for DCS IOC business.
54.
Appropriates
$2,200,000 from the state GF in FY 2027 to the Fund and appropriates the monies
the DCS IOC.
55.
Allocates Fund monies as
follows:
a)
$900,000 for personal services, employee-related expenses, DCS IOC
executive and supporting staff levels;
b)
$600,000 for operating expenses;
c)
$300,000 for contracting services, including audits, expert reviews and
specialized evaluations;
d)
$300,000 for start-up and secure infrastructure costs, hardware and
dashboard development; and
e)
$100,000
for contingency and oversight needs.
56.
Prohibits
the DCS IOC from accepting a grant, gift or donation that may create a conflict
of interest.
Ombudsman
57.
Requires
the Ombudsman, for a child welfare oversight matter, to submit a quarterly
report to the President of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, the Minority Leader of the
House of Representatives and the chairpersons of the Senate and House of
Representatives committees with jurisdiction over child safety or government
matters.
58.
Requires the report to be
submitted in an aggregate form with all confidential information redacted,
including the:
a)
number of substantiated and partially substantiated findings;
b)
number of high-risk or life safety violations;
c)
number of corrective action orders that were issued and the compliance
rates for those corrective action orders; and
d)
number
of criminal referrals and written dispositions received.
59.
Allows
the Ombudsman, in a child welfare oversight matter, to exercise the Ombudsman's
investigative authority with respect to a covered child welfare entity.
60.
Requires
the Ombudsman to have access to any records that are maintained by, or on
behalf of, a covered child welfare entity and that relate to the services that
are funded, directed, contracted, licensed or authorized by DCS.
61.
Requires a covered child
welfare entity to preserve all relevant records on receipt of a written notice
from the Ombudsman of an investigation or audit.
62.
Requires the Ombudsman, if
during an investigation of a child welfare oversight matter finds reasonable
cause to believe that a person has committed a criminal offense, to refer the
matter with all the supporting evidence to both the AG and the county attorney
with jurisdiction over the person or matter.
63.
Requires the prosecuting
agency that receives the referral to provide a written disposition to the
Ombudsman within 90 days after receiving the referral that indicates the status
of the referral and whether the prosecuting agency has elected to prosecute the
matter or declined to prosecute the matter.
64.
Requires the Ombudsman, in a
child welfare oversight matter, to issue a corrective action order if, after
investigation, the Ombudsman makes a substantiated or partially substantiated
opinion or recommendation that the covered child welfare entity has violated
any statute, rule, court order, DCS policy, contract requirement or licensing
standard.
65.
Requires the corrective
action order to include:
a)
the factual basis for the opinion or recommendation;
b)
the specific statute, rule, court order, DCS policy, contract
requirement or licensing standard that was violated;
c)
the required corrective action order with a specific deadline for
implementing the corrective action order;
d)
any required prevention controls, if applicable;
e)
whether the opinion or recommendation involves a high-risk or life
safety violation; and
f)
a requirement that the covered child welfare entity submit a written
compliance plan and begin implementing the corrective action order within 30
days after receiving the corrective order.
Miscellaneous
66.
Terminates the DCS IOC on
July 1, 2036.
67.
Repeals the DCS IOC on
January 1, 2037.
68.
Contains a purpose statement,
a severability clause and a statement of legislative findings.
69.
Defines
terms.
70.
Makes technical and
conforming changes.
71.
Becomes
effective on the general effective date.
Current Bill Text
Read the full stored bill text
HB2615 - 572R - H Ver
House Engrossed
parenting time;
supervision; professional supervisor
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2615
AN
ACT
amending title 25, chapter 4, article 1,
arizona revised statutes, by adding section 25-419; relating to parenting
time.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 25, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 25-419, to read:
START_STATUTE
25-419.
Parenting time; supervision; professional supervisors;
nonprofessional supervisors; definitions
A. In any parenting time proceeding,
after an evidentiary hearing in which the court determines supervised
parenting time is required, the court shall order supervised parenting time
with a professional supervisor if either of the following applies:
1. The matter is
determined to be a high-risk case.
2. Either of the parties is the
subject of an order of protection or injunction against harassment currently or
at any time in the ten years before the filing of the matter that is the
subject of the parenting time order.
B. In any parenting time proceeding,
after an evidentiary hearing in which the court determines supervised
parenting time is required, the court may order supervised
parenting time with a nonprofessional supervisor if both of the
following apply:
1. The matter is not
determined to be a high-risk case.
2. The parties are not subject to an
order of protection or injunction against harassment currently and have not
been subject to an order of protection or injunction against harassment at any
time in the ten years before the filing of the matter that is the subject of
the parenting time order.
C. A Professional Supervisor who is
eligible to conduct
court-ordered supervised
parenting time shall meet all of the following QUALIFICATIONS:
1. Have
verifiable,
extensive and Specialized Training and Certifications in and experience with
all of the following:
(
a
) Professions
that have direct involvement with children and teenagers.
(
b
) Adverse
Childhood Experiences.
(
c
) Domestic
Violence Dynamics.
(
d
) Recognition
of Child abuse.
(
e
) Trauma-Informed
training in post-traumatic stress disorder.
(
f
) Crisis
Intervention and Safety Planning.
(
g
) training
and certification by a national organization that establishes standards of
practice for supervised parenting time.
2.
hAVE A
current background check with the Department of Child Safety Central Registry
or the Adult Protective Services Registry and a current valid Fingerprint
Clearance Card pursuant to title 41, chapter 12, article 3.1.
3.
hAVE Active
professional liability insurance.
4. Have completed a minimum of twenty-four
hours of continuing education in the preceding two years
and
must complete twenty-four hours of continuing education every subsequent two
years. the continuing education described in this paragraph must include all
areas that are listed in paragraph 1 of this subsection.
5. Be able to submit proof of
compliance with paragraphs 1, 2, 3 and 4 of this subsection on a request by the
court or a party who is involved in the case.
D. a nonprofessional supervisor shall
meet all of the following qualifications:
1. the training and standards of a
national organization that establishes standards of practice for supervised
parenting time.
2. Complete training in all of the
following:
(
a
) Trauma.
(
b
) Domestic
violence.
(
c
) De-escalation
techniques.
(
d
) Professional
documentation standards.
3. Read and agree in writing to
practice the standards for nonprofessional supervisors that are established by
the supreme court.
E. A professional supervisor or a
nonprofessional supervisor under this section has a duty to report pursuant to
section 13
-
3620. This
subsection applies to any person performing duties under title 8 or this
title. If a professional SUPERVISOR or nonprofessional SUPERVISOR
makes a report pursuant to section 13-3620, the PROFESSIONAL supervisor or
nonprofessional supervisor shall provide a report that documents the incident
of physical injury, abuse, child abuse, a reportable offense or neglect to both
parents as soon as possible but by either of the following:
1. Within forty-eight hours after
notifying the law enforcement agency and the department of child safety.
2. Before the next scheduled
parenting time.
F. A parent has a right to refuse to
use a professional supervisor or a nonprofessional supervisor if the
professional supervisor or nonprofessional supervisor does not meet the
qualifications prescribed in subsection C or d of this section or if the
professional supervisor or nonprofessional supervisor refuses to provide
documentation of the qualifications prescribed in subsection c or d of this
section.
G. A person may not serve as a
professional supervisor or a nonprofessional supervisor if any of the following
applies:
1. The person is a party to an action
with sealed case records, whether the case is a pending investigation or has
resulted in a conviction, if the nature of the offense poses a risk to a
vulnerable population or compromises the integrity of trauma-informed services.
2. The person is in an active family
court case or juvenile court case or department of child safety active
investigation that is determined to be a high-risk case.
3. The person has a court order to
have supervised visitation with the person's own child, now or in the past.
4. in the previous ten-year
period, The person has been the defendant or respondent for an active
protective order, order of protection or injunction against harassment
order. This paragraph does not apply if the order was dismissed
after a hearing.
5. The person is in a romantic
relationship with or is related to any of the parties.
H. In addition to subsection G of
this section, a person may not be a professional supervisor if any of the
following applies:
1. The person's membership has been
denied or revoked from a national organization that establishes standards of
practice for supervised parenting time.
2. The person has a conflict of
interest with the parties, including a work relationship, or the person is a
current or previous court expert appointed in a different role to the current
case or any other case that involves one or both of the parties.
I. The court may not appoint any
specific professional supervisor to provide supervised parenting time unless
the parties agree. The parents or the parties involved are solely
responsible for selecting and retaining a professional supervisor or
nonprofessional supervisor to conduct supervised parenting time in accordance
with the court order.� The court may not order therapeutic parenting time
supervision. If parenting assistance is needed for reasons unrelated
to abuse, the parties shall select their own therapeutic counseling provider.
J. During an evidentiary hearing, if
the court determines by a preponderance of the evidence that the matter
qualifies for parenting time supervision, the court shall issue a temporary
parenting time order pursuant to section 25-316. At the evidentiary hearing,
the court shall provide in writing all of the following:
1. The reasons for parenting time
supervision.
2. The scope of appointment and the
duties of the parenting time supervisor.
3. An explanation of the factors that
the court considered when determining the apportionment between the parents of
the professional parenting supervision fees.
4. The schedule of the parenting time
supervision, indicating the frequency and amount of time.
5. The frequency of the parenting
time supervision reporting.
6. The length of the parenting time
supervision order, not to exceed six months.
K. The court shall assess each
parent's ability to pay fees associated with parenting time supervision. If
lower cost or publicly funded alternatives exist and are adequate to address
the issues, the court shall provide the information for these resources to the
parents or parties in the case.
THE COURT SHALL
REALLOCATE THE FEES IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT
THE ACCUSATIONS THAT RESULTED IN THE APPOINTMENT OF PROFESSIONAL PERSONNEL WERE
FALSE AND WERE MADE FOR A RETALIATORY OR COERCIVE PURPOSE OR SOLELY TO COMMIT
LITIGATION ABUSE, CAUSE INTENTIONAL DELAY OR MISUSE THE COURT PROCESS.�
THE COURT may NOT ORDER A PROTECTIVE PARENT TO PAY ANY PORTION OF THE
FEES OR COSTS OF SUPERVISED PARENTING TIME IF THE OTHER PARENT IS SUBJECT TO A
PENDING INVESTIGATION OR HAS BEEN FOUND TO HAVE COMMITTED AN ACT DESCRIBED IN
SECTION 25-403.03. For the purposes of this subSECTION,
"PROTECTIVE PARENT" MEANS A PARENT WHOM THE COURT DETERMINES IS
ACTING TO PROTECT THE CHILD FROM CONDUCT DESCRIBED IN SECTION 25-403.03.
L. A professional supervisor may not
charge supervised visitation hourly rates for time spent driving to or from
child exchanges, supervised visitation locations or court
appearances. Additional hourly or flat rate charges may not be
assessed for travel or court-related attendance. Compensation for travel is
limited to reimbursement for gas mileage. Gas mileage that is charged to drive
to and from child exchanges, supervised visit locations and court appearances
shall be based on the reimbursement rates established by the department of
administration.
M. the child must remain within the
full view and hearing distance of the professional supervisor or
nonprofessional supervisor At all times. All conversation between the parent
and the child shall be conducted in a language understood by the professional
supervisor or nonprofessional supervisor to allow effective
monitoring. Secret or private communications between the parent and
the child are prohibited. The professional supervisor or nonprofessional
supervisor shall conduct all exchanges of the child between the parties. The
parents shall refrain from any form of direct contact with each other
immediately before, during and following parenting time and
exchanges. All transitions must be facilitated solely by the
supervisor to ensure safety, neutrality and the avoidance of conflict. A
professional supervisor or a nonprofessional supervisor may not compel or
coerce a child to participate in parenting time against the child's
will. The professional supervisor's or nonprofessional supervisor's
role is limited to observation and facilitation and does not extend to
enforcing participation when a child expresses unwillingness. During visitation
or exchanges the professional supervisor or nonprofessional supervisor shall
ensure that there is not discussion with the child or with other adults about
litigation, the current legal situation or issues involving the court.
N. The professional supervisor or
nonprofessional supervisor:
1. Shall ensure that the supervised
parent complies with all applicable court orders. If the parent
violates the orders, the professional supervisor or nonprofessional supervisor
may end the parenting time and shall report any violations to the parties in
writing.
2. May not make legal or custody
recommendations to any parties or the court.
3. May not engage in ex parte
communication with the court or with a party's attorney. The communication
shall be limited to the parents or parties in the case or through testimony
provided under oath during a properly noticed hearing at which all parties have
the opportunity to be heard.
4. Shall maintain neutrality at all
times. There may not be inappropriate contact, relationships or
gifts between the professional supervisor or nonprofessional supervisor and
either parent or any other party to the case.
O. Supervised parenting time in all
cases:
1. Must occur between 8:00 a.m. And
8:00 p.m.
2. Late nights or overnights are
prohibited as a safeguard for all parties and children, including the safety of
the professional supervisor or nonprofessional supervisor.
P. A professional supervisor shall
make audio or video recordings of each interaction if parenting time occurs
within a facility that is operated by the professional supervisor. A parent may
make an audio or video recording of parenting time or child exchanges if the
recording is conducted in a manner that is not disruptive to the child or to
the parenting time. Any recording that is performed by any party is not
confidential. The individual who performed the recording shall
provide a copy of the material within five days after a request by any parent
or party involved in the case, including the professional supervisor.
Q. A professional supervisor's report
must be signed under penalty of perjury and must include:
1. For the initial report only:
(
a
) both parents'
intake observations.
(
b
) court
orders relating to supervised parenting time and order of protection review.
2. Child information.
3. The location of the visit.
4. Persons present during visitation,
if persons other than the supervised parent are allowed.
5. A summary of all of the following:
(
a
) all
involved parties' demeanor and behavior during the supervised parenting time
and exchanges.
(
b
) concerns or
incidents and the appropriateness of the interactions between the supervised
parent and the child, if any.
(
c
) other
concerns, including schedules or court orders.
R. Supervised parenting time reports
are not confidential. The professional supervisor or the
nonprofessional supervisor shall simultaneously provide the parenting time
reports to the parents and parties involved. The production frequency of the
reports must be specified in court orders. If the frequency is not
specified, a professional supervisor or nonprofessional supervisor shall
produce a summary report at least one month before a court hearing involving
the parties or every three months, whichever is more frequent. The professional
supervisor or nonprofessional supervisor may produce reports more frequently.�
A professional supervisor or nonprofessional supervisor shall keep the
supervised parenting time reports of a case for at least five years.
S. The professional supervisor or
nonprofessional supervisor shall terminate parenting time immediately if any of
the following occurs:
1. The supervised parent appears to
be under the influence of drugs or alcohol.
2. The supervised parent behaves in a
manner that is INAPPROPRIATE or not in the best interest of the child or The
child behaves in a manner that is inappropriate and refuses to be redirected by
the parent or the professional supervisor or nonprofessional supervisor. For
the purposes of this paragraph, "behaves in a manner that is
inappropriate" includes acting in rage or anger, making threats, refusing
to follow court orders, refusing to listen to the professional supervisor's or
nonprofessional supervisor's safety directions, continuously using
inappropriate language or behaving in a manner that is verbally, physically or
sexually abusive toward anyone.
3. Any party brings a weapon to the
visit or has a weapon in the vehicle used for transportation to the
visit. For the purposes of this paragraph, "weapon"
includes a knife, firearm or other item that is designed to cause harm or be
used as a weapon.
4. In the presence of the
professional supervisor or nonprofessional supervisor, A child clearly,
consistently or under stress refuses contact with the supervised parent.
T. If a visit is terminated for any
of the reasons described in subsection S of this section, a professional
supervisor or nonprofessional supervisor shall give a report to the parents or
parties in the case as soon as possible but not later than forty-eight business
hours after the time of the incident.
U. A PROFESSIONAL SUPERVISOR WHO
VIOLATEs THIS SECTION MAY BE SUBJECT TO REMOVAL, SANCTIONS OR PERMANENT
DISQUALIFICATION FROM FUTURE SERVICE.� The court may not consider Any
recommendations or reports issued outside of the lawful scope of supervision
when the court decides the penalty for the violation. A parent who is found by
a preponderance of the evidence to have threatened a professional supervisor's
safety or nonprofessional Supervisor's safety or failed to comply with Court
Orders relating to supervised parenting time is subject to contempt proceedings
and may face contempt and loss of parenting time. For the purposes
of this subsection, a verbal or written threat that does not involve the safety
of a person, an involved party or a professional supervisor or nonprofessional
supervisor does not justify loss of parenting time.
v. for the purpose of this section,
the temporary parenting time order shall be reviewed by the court every six
months until final parenting time orders are issued. final orders shall only be
entered following a full evidentiary hearing ON the initial petition or on a
petition to modify parenting time.
w. For the purposes of this section:
1. "High-Risk Case" means a
parenting time case that involves any of the following:
(
a
) allegations
or findings from another Court of Competent Jurisdiction, a sealed case, a
pending investigation or a current or prior conviction involving any of the
following:
(
i
)
an offense
involving domestic violence as
defined in section 13-3601.
(
ii
) coercive
Control.
(
iii
) stalking
as prescribed in SECTION 13-2923.
(
iv
) threatening
and intimidating as prescribed IN SECTION 13-1202.
(
v
) Harassment
as prescribed iN SECTION 13-2921.
(
vi
) Dangerous
crimes against children as defined in section 13-705.
(
vii
) Child or
vulnerable adult abuse OR emotional abuse as defined SECTION 13-3623.
(
viii
) Aggravated
assault as prescribed in SECTION 13-1204.
(
ix
) homicide
as defined in section 13-1101.
(
x
) possession,
use or trafficking of dangerous drugs as prescribed in SECTION 13-3407.
(
xi
) terrorism
as prescribed in SECTION 13-2308.01.
(
xii
) Abuse of
a child as defined in section 8-201.
2. "Nonprofessional supervisor"
means an unpaid person who is approved by the court to conduct supervised
parenting time and who meets all of the nonprofessional supervisor
requirements.
3. "Professional supervisor"
means a paid person
who is appointed by the court to
conduct supervised parenting time and
who meets all of
the professional supervisor requirements and qualifications.
4. "Supervised parenting time"
means court-ordered parenting time monitored by a neutral third party.
END_STATUTE