Official Summary Text
SB1656 - 572R - Senate Fact Sheet
Assigned to
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ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1656
family
court; professional personnel; requirements
Purpose
Prescribes additional requirements for court appointed professional
personnel (personnel).
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.
Require
the court to schedule an evidentiary hearing before appointing personnel and
perform all of the following at the evidentiary hearing:
a)
identify the professional personnel the court seeks to appoint;
b)
specify in writing the scope of appointment and the duties of the
personnel; and
c)
assess the ability of each parent to pay any fees associated with the
personnel.
2.
Provides
each parent with the opportunity to conduct discovery before the evidentiary
hearing and take the deposition of the personnel.
3.
Requires
personnel to make an audio or video recording of each interaction the personnel
has with a parent of child in the course of the personnel's appointment and
likewise entitles a parent to also make an audio or video recording of such
interactions.
4.
Prohibits personnel from claiming qualified immunity during the course
of the personnel's appointment.
5.
Requires
the court to provide all of the following in writing after the appointment of
personnel:
a)
whether either parent objected to the personnel appointment;
b)
the specific scope of appointment and duties of the professional
personnel, including;
i.
the number of hours and the total cost required for the personnel to
complete the appointment and provide a report to the court;
ii.
the
documents and materials the personnel will require to complete the appointment
and provide a report to the court; and
iii.
the expected
date the personnel's report will be filed with the court and provided to the
parents.
c)
the circumstances that require the personnel's appointment;
d)
information on how either parent may object to or ask for clarification
of the personnel's court report;
e)
an explanation of the factors the court considered when determining the
apportionment of the personnel's fees between the parents; and
f)
the
number of times the court has previously appointed the personnel and any
relationship the court has with the personnel.
6.
Requires appointed personnel, if more time is required to complete the
court's appointment and file the report with the court, to file a written
request with the court that specifies the reasons why more time is required.
7.
Requires personnel to be in good standing with the personnel's licensing
agency.
8.
Requires complaints regarding the personnel's conduct that cannot be
resolved by the parents to be directed to the personnel's licensing agency.
9.
Requires the court, upon appointing personnel, to provide notice to both
parents containing a statement explaining that the court is not required to
understand the ethical requirements of appointed personnel and that complaints
regarding personnel must be directed to the personnel's licensing agency.
10.
Allows
a parent to bring a civil action against any professional personnel appointed
by the court in any matter involving legal decision-making or parenting time if
the professional personnel deviates from ethics and standards prescribed by the
professional's licensing agency and licensing requirements.
11.
Requires
a parent to commence the action within four years after the cause of action
accrues.
12.
Makes
technical and conforming changes.
13.
Becomes
effective on the general effective date.
Prepared by Senate Research
February 13, 2026
ZD/ci
Current Bill Text
Read the full stored bill text
SB1656 - 572R - S Ver
Senate Engrossed
family court;
professional personnel; requirements
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1656
AN
ACT
amending section 25-405, 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:
START_STATUTE
25-405.
Interviews by court; professional assistance; evidentiary
hearings; court requirements; recordings; notice; qualified immunity; civil
action
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.
C. If the court seeks the advice of
professional personnel, the court shall schedule an evidentiary hearing before
appointing the professional personnel.� AT the evidentiary hearing, the court
shall do all of the following:
1. Identify the professional
personnel the court seeks to appoint.
2. Specify in writing the scope of
appointment and the duties of the proposed professional personnel.
3. Assess the ability of each parent
to pay any fees associated with the proposed professional personnel.
D. Before the evidentiary hearing
held pursuant to subsection C of this section, each parent shall have the
opportunity to conduct discovery and take the deposition of the proposed
professional personnel.� After the evidentiary hearing held pursuant to
subsection C of this section and after the court has appointed the professional
personnel, the court shall provide in writing all of the following:
1. Whether either parent objected to
the professional personnel appointment.
2. The specific scope of appointment
and duties of the professional personnel, including:
(
a
) The number
of hours and the total cost required for the professional personnel to complete
the appointment and provide a report to the court.
(
b
) The
documents and materials the professional personnel will require to complete the
appointment and provide a report to the court.
(
c
) The
expected date the Professional personnel's report will be filed with the court
and provided to the parents.
3. The circumstances that require the
professional personnel's appointment.
4. Information on how either parent
may object to or ask for clarification of the professional personnel's court
report.
5. An explanation of the factors the
court considered when determining the apportionment between the parents of the
professional personnel's fees.�
6. The number of times the court has
previously appointed the professional personnel and any relationship the court
has with the professional personnel.
E. If the professional personnel who
is appointed by the court determines that more time is required to complete the
court's appointment and file the professional personnel's report with the court
and provide a copy of the report to the parents than what is provided for in
subsection D, paragraph 2, subdivision (
a
) of this
section, the professional personnel shall file a written request with the court
that describes with specificity the reason or reasons the professional
personnel requires additional time.
F. Appointed professional personnel
shall make an audio or video recording of each interaction the professional
personnel has with a parent or child in the course of the professional
personnel's appointment.� A parent is entitled to make an audio or video
recording of any interaction the parent has with the appointed professional
personnel.
G. Appointed professional personnel
shall be licensed and in good standing with the professional personnel's
licensing agency.� Complaints regarding the professional personnel's
professional conduct or ethics that cannot be resolved by the parents shall be
directed to the professional personnel's licensing agency.� On the court's
appointment of professional personnel, the court shall provide both parents
with a notice that contains the following statement:
The court is not required to understand the
ethical and professional conduct requirements of professional personnel
appointed by the court.� All complaints regarding professional personnel
appointed by the court shall be directed to the professional personnel's
appropriate licensing agency.
H. Appointed Professional personnel
may not claim qualified immunity during the course of the professional
personnel's appointment.
I. A parent may bring a civil action
against any professional personnel who is appointed pursuant to this section
for a deviation from the professional personnel's ethics and standards that are
prescribed by the professional personnel's licensing agency and licensing
requirements.� A parent shall commence an action pursuant to this subsection
within four years after the cause of action accrues.
END_STATUTE