Official Summary Text
HB2968 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
H.B. 2968
family
court; admissibility; evidence
Purpose
Determines that the criminal history of a parent is admissible as
evidence in any child welfare, dependency, parent-child relationship
termination, guardianship, parenting time or legal decision-making matter.
Background
The Arizona Rules of Evidence prescribe various limitations and
exceptions to the admissibility of evidence relating to a person's criminal
history, character and hearsay. Evidence of a person's character, as well as
evidence of other crimes, wrongs or acts, is generally not admissible unless
certain exceptions apply. Exceptions for character evidence include whether the
evidence may prove motive, opportunity, plan or knowledge, or if the existence
of a criminal conviction may be appropriately applied to attack a witness's
character for truthfulness. The admissibility of criminal convictions is
subject to additional limitations, including that its probative value outweighs
its prejudicial effect. Hearsay evidence is likewise generally not admissible
absent an exception in rule or an applicable constitutional provision or
statute. Several exceptions to the inadmissibility of hearsay evidence are
outlined in rule, including excited utterances, recorded recollections, former
testimony in criminal cases and statements made under the belief of imminent
death (Ariz. Rules of Evid.,
Rule
404
;
Rule
609
;
Rule
802
;
Rule
803
; and
Rule
804
).
There is no anticipated fiscal impact
to the state General Fund associated with this legislation.
Provisions
1.
Requires,
notwithstanding any other law, the criminal history of a parent to be
admissible as evidence and available to the court and all parties in any child
welfare, dependency,
parent-child relationship termination, guardianship, parenting time or legal
decision-making matter.
2.
Prohibits
the criminal history from being sealed or withheld.
3.
Requires
the criminal history of a parent to be considered presumptively relevant to the
safety of a child and the fitness of the parent.
4.
Prohibits
the court, in any matter involving legal decision-making or parenting time,
from applying any rule to exclude relevant evidence based solely on the format
of the evidence, hearsay classification of the evidence or procedural process,
if the evidence being offered is:
a)
related to a child's safety, mental or emotional well-being, trauma
indicators or expressed wishes as the legal decision-making or parenting time;
b)
related to the behavior of either parent;
c)
offered in good faith; or
d)
not
offered solely to harass either parent or delay the proceeding.
5.
Allows
the court, after the admission of evidence, to evaluate the reliability, source
and weight of the evidence and consider the reliability, corroboration and
authenticity of the evidence, including:
a)
the source of the evidence;
b)
how the evidence was collected or obtained; and
c)
any potential bias that may be associated with the evidence.
6.
Requires
the court, if the evidence is hearsay evidence, to:
a)
assess whether testimony regarding the evidence is unavailable or if the
testimony would cause harm to a child; and
b)
assess the reliability and weight of the evidence, including whether the
evidence relates to the safety of a child, abuse, trauma indicators or
protective concerns.
7.
Requires
the court to continue the evidentiary hearing to the earliest practicable date
to allow for disclosure and submission of evidence, if evidence that is
relevant to the safety of a child, the fitness of a parent or the abuse of the
child is delayed or discovered immediately before an evidentiary hearing at
which the evidence would be admitted and the delay or late discovery is for
good cause.
8.
Requires
the court, before granting a continuance of an evidentiary hearing, to make
specific findings on the record as to the findings of good cause.
9.
Requires
good cause to be liberally construed in favor of admitting evidence that is
related to the safety of a child.
10.
Requires the court to make
written findings on the record as to the relevance and credibility of evidence
offered relating to the criminal history of a parent.
11.
Requires the court, if the
court determines the evidence is credible, to allow the submission of the
evidence without limitation.
12.
Deems that failure of a
court to make the written findings as outlined constitutes a reversible error.
13.
Requires the court to allow
the submission of the criminal history of a parent by both parents equally.
14.
Determines that any ruling
by the court that allows for unequal submission of evidence by either parent is
prejudicial as a matter of law.
15.
Entitles a parent who is
adversely affected by the unequal submission of evidence to immediate appellate
review or relief through a special action.
16.
Defines
good faith
to
mean that the evidence is offered for the purpose of assessing child safety or
parental behavior.
17.
Defines
relevant evidence
as evidence that is related to:
a)
the safety of a child;
b)
the trauma of a child;
c)
the emotional well-being of a child;
d)
the child's expressed wishes as to legal decision-making or parenting time;
or
e)
�the
behavior of either parent.
18.
Specifies that
criminal
history
includes:
a)
arrest records;
b)
charging records;
c)
convictions;
d)
sentencing;
e)
probation information; and
f)
any
other records arising from a criminal investigation, prosecution or disposition
of a criminal matter.
19.
Specifies
that
good cause
includes delays that are caused by a third-party
custodian of records, circumstances outside the control of the party that is
seeking to admit the evidence or unforeseen events, including an illness,
emergency or a technical issue or failure.
20.
Contains
a statement of legislative findings.
21.
Becomes
effective on the general effective date.
House Action
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Prepared by Senate Research
March 19, 2026
AN/ci
Current Bill Text
Read the full stored bill text
HB2968 - 572R - H Ver
House Engrossed
family court;
admissibility; evidence
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2968
AN
ACT
amending title 8, chapter 4, article 1, Arizona
Revised Statutes, by adding section 8-469.03; Amending title 25, chapter
4, article 1, arizona revised statutes, by adding sections 25-419 and 25-420;
RELATING to judicial proceedings involving children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 8-469.03, to read:
START_STATUTE
8-469.03.
Child welfare; dependency; termination of parent-child
relationship; permanent guardianship; parental criminal history; admissibility;
definition
A. Notwithstanding any other law, in
any child welfare, dependency, termination of parent-child relationship or
permanent guardianship matter brought pursuant to this title, the criminal
history of a parent shall be admissible as evidence, shall be available to the
court and to all parties and shall not be sealed or withheld. The
criminal history of a parent shall be considered presumptively relevant to the
safety of a child and the fitness of the parent.
B. For the purposes of this section,
"criminal history" includes all of the following:
1. Arrest records.
2. Charging records.
3. Convictions.
4. Sentencing.
5. Probation INFORMATION.
����� 6. any
other records Arising from a criminal investigation, prosecution or disposition
of a criminal matter.
END_STATUTE
Sec. 2. Title
25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections
25-419 and 25-420, to read:
START_STATUTE
25-419.
Submission of evidence; court discretion; prejudicial rulings;
definitions
A. In any matter involving legal
decision-making or parenting time, the court
shall not
apply any rule to exclude relevant evidence based solely on the format of the
evidence, hearsay classification of the evidence or procedural process if the
evidence being offered is
any of the following:
1. Related to a child's:
(
a
) Safety.
(
b
) Mental or
emotional well-being.
(
c
) Trauma
indicators.
(
d
) Expressed
wishes as to legal decision-making or parenting time.
2. Related to the behavior of either
parent.
3. Offered in good faith.
4. Not offered solely to harass
either parent or delay the proceeding.
b. After the admission of evidence
pursuant to subsection A of this section, the court shall do all of the
following:
1. Evaluate the reliability, source
and weight of the evidence.
2. Consider the reliability,
corroboration and authenticity of the evidence, including the source of the
evidence, how the evidence was collected or obtained and any potential bias
that may be associated with the evidence.
C. If evidence that is admitted
pursuant to subsection A of this section is hearsay evidence, the court shall
do both of the following:
1. Assess whether testimony regarding
the evidence is unavailable or if the testimony would cause harm to a CHILD.
2. Assess the reliability and weight
of the evidence, including whether the evidence relates to any of the following
factors:
(
a
) The safety
of a child.
(
b
) Abuse.
(
c
) Trauma
indicators.
(
d
) protective
concerns.
D. If evidence that is relevant to
the safety of a child, the fitness of a parent or the abuse of a child is
delayed or discovered immediately before an evidentiary hearing at which the
evidence would be admitted and the delay or late discovery of the evidence is
for good cause, the court shall continue the evidentiary hearing to the
earliest practicable date to allow for the disclosure and submission of the
evidence.� Before granting a continuance of an evidentiary hearing pursuant to
this subsection, the court shall make specific findings on the record as to the
finding of good cause.
Good cause shall be
liberally construed in favor of admitting evidence that is related to the
safety of a child. For the purposes of this subsection, "good
cause" includes delays that are caused by any of the following:
1. A third-party custodian OF
records.
2. Circumstances outside the control
of the party that is seeking to admit the evidence.
3. unforeseen events that include any
of the following:
(
a
) an illness.
(
b
) an
Emergency.
(
c
) A technical
issue or failure.
E. NOtwithstanding any other law, the
criminal record of a parent shall be admitted as evidence in any matter
involving legal decision-making or parenting time.
F. The court shall mAKE WRITTEN
FINDINGS ON THE RECORD AS TO THE RELEVANCE and credibility of evidence offered
pursuant to subsection A of this section. �If the court determines the evidence
is credible, the court shall allow the submission of the evidence WITHOUT
LIMITATION. �fAILURE OF A COURT TO MAKE THE WRITTEN FINDINGs REQUIRED BY THIS
SUBSECTION CONSTITUTES a REVERSIBLE ERROR.
G. the court shall allow the
submission of evidence pursuant to this section by both parents equally. �Any
ruling by the court that allows for unequal submission of evidence by either
parent shall be considered prejudicial AS A MATTER OF LAW. �A PARENT WHO IS
ADVERSELY AFFECTED BY THE UNEQUAL SUBMISSION OF EVIDENCE SHALL BE ENTITLED TO
IMMEDIATE APPELLATE REVIEW OR RELIEF THROUGH a SPECIAL ACTION.
H. For the purposes of this section:
1. "good Faith" means the
evidence is offered for the purpose of assessing child safety or parental
behavior.
2. "Relevant evidence"
means evidence that is related to any of the following:
(
a
) The safety
of a child.
(
b
) Trauma of a
child.
(
c
) the
Emotional well-being of a child.
(
d
) the child's
Expressed wishes as to legal decision-making or parenting time.
(
e
) The
behavior of either parent.
END_STATUTE
START_STATUTE
25-420.
Parental criminal
history; admissibility; definition
a. notwithstanding any other law, in
any parenting time or legal decision-making matter brought pursuant to this
chapter, the criminal history of a parent shall be admissible as evidence,
shall be available to the court and to all parties and shall not be sealed or
withheld. The criminal history of a parent shall be considered
presumptively relevant to the safety of a child and the fitness of the parent.
B. For the purposes of this section,
"criminal history" includes information on all of the following:
1. Arrest records.
2. Charging records.
3. Convictions.
4. Sentencing.
5. Probation INFORMATION.
6. any other records Arising from a
criminal investigation, prosecution or disposition of a criminal matter.
END_STATUTE
Sec. 3.
Legislative findings
The
legislature finds that:
1. It
is in the best interest of this state to ensure that the family court is
equipped to hear and evaluate safety-related evidence that is necessary to protect
children.
2. It is important to
remove procedural barriers to the submission of evidence in a family law matter
that unfairly silences protective parents or serves to deny the admission of
critical evidence related to a child's safety and well-being.
3. It is in the best
interest of this state to allow the court to make determinations regarding the
credibility of evidence but remove the ability of a court to reject relevant
evidence based solely on the form of the evidence of procedural formalities.