Official Summary Text
SB1139 - 572R - Senate Fact Sheet
Assigned to
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ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1139
family court; therapeutic
intervention; experts
Purpose
Prohibits a
court from ordering a parent's attendance to or payment for any type of
therapeutic intervention or similar service without the consent of both
parents. Prescribes additional requirements for court-ordered therapeutic
intervention.
Background
Statute requires
the court to determine legal decision-making and parenting time in accordance
with the best interests of the child. In a contested legal decision-making or
parenting time case, the court must 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 (
A.R.S.
Title 25, Chapter 4
). The court may interview the child to determine the
child's wishes relating to custodianship and parenting time. In so doing, the
court may seek advice from professional personnel, who may be employed by the
court on a regular basis. Any advice given must be in writing and made
available to counsel on request, under such terms as the court determines.
Counsel is allowed to examine any professional consulted by the court, unless
that right is waived (
A.R.S.
� 25-405
).
In contested
legal decision-making and parenting time proceedings, the court may order an
investigation and report concerning such arrangements for the child. If an
investigation and report are ordered, the court must allocate costs based on
the financial circumstances of both parties. The report must include a written
affirmation that the person conducting the investigation meets outlined
training requirements, which include: 1) six initial hours of training on
domestic violence; 2) six initial hours of child abuse training; and 3) four
subsequent hours of training every two years on domestic violence and child
abuse. A licensed physician is exempt from these training requirements (
A.R.S.
� 25-406
).
There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1.
Prohibits the court from ordering any type of therapeutic intervention
or other paid service without the consent of both parents.
2.
Prohibits the court from ordering one parent to pay for any type of
therapeutic intervention or other paid service without the consent of both
parents.
3.
Allows either parent to revoke that parent's consent at any time.
4.
Defines
therapeutic intervention
as any therapy, treatment or
counseling program designed to improve or maintain the parent-child
relationship, the parent-parent relationship or both, including court-ordered
behavioral intervention.
5.
Defines
paid service
as any service that is provided in exchange
for any form of compensation.
6.
Allows
expert testimony related to therapeutic intervention or other paid service,
child development, mental or physical health, domestic violence or substance
abuse to be admissible in any legal decision-making or parenting time
proceeding only if the expert:
a)
has specialized expertise in child development and substantial clinical
experience with children in a therapeutic setting; and
b)
has
an opinion that is supported by the canons of the expert's profession, adheres
to the guidelines of the expert's licensing board and does not rely on theories
that are not clinically established as a standard of care.
7.
Specifies that a person must meet the above qualifications before
offering expert testimony, conducting an investigation or evaluation or
submitting a report or recommendation to the court relating to legal
decision-making or parenting time.
8.
Becomes effective on the general effective date.
Prepared by Senate Research
January 16, 2026
ZD/ci
Current Bill Text
Read the full stored bill text
SB1139 - 572R - S Ver
Senate Engrossed
family court;
therapeutic intervention; experts
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1139
AN
ACT
amending title 25, chapter 4, article 1, arizona
revised statutes, by adding section 25-419; 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. Title 25, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 25-419, to read:
START_STATUTE
25-419.
Therapeutic intervention; payment; prohibition; expert testimony;
qualifications; definitions
A. Notwithstanding any other law or
court rule, in any legal decision-making or parenting time proceeding,
the court may not order any type of therapeutic intervention or a paid service
that is provided by a paid provider or order one parent to pay for any type of
therapeutic intervention or a paid service that is provided by a paid provider
without the consent of both parents. either parent may revoke that
parent's consent at any time.�
B. Notwithstanding any other law, in
any legal decision-making or parenting time proceeding, expert testimony
related to therapeutic intervention or any paid service that is provided by a
paid provider, child development, mental or physical health, domestic violence
or substance abuse is admissible only if both of the following apply:
1. The expert has specialized
training and expertise in child development and substantial clinical experience
with children in a therapeutic setting.
2. The expert's opinion is supported
by the canons of the expert's profession, adheres to the GUIDELINES of the
expert's licensing board and does not rely on theories that are not clinically
established as a standard of care.
C. A person who offers expert
testimony, conducts an investigation or evaluation or submits a report or
recommendation to the court pursuant to section 25-405 or 25-406
must meet the qualifications of subsection B of this section before offering
expert testimony, conducting an investigation or evaluation or submitting a
report or recommendation to the court.
D. For the purposes of this section:
1. "Paid service" means any
service that is provided in exchange for any form of compensation.
2. "Therapeutic
intervention":
(
a
) Means any
therapy, treatment or counseling program that is designed to improve or
maintain the parent-child relationship or parent-parent
relationship, or both.
(
b
) Includes
court-ordered behavioral intervention.
END_STATUTE