Be it enacted by the Legislature of the State of Arizona:

Section. 1. Section 25-403, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403. Legal decision-making; parenting time; best interests of child; judicial referral

A. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child's physical and emotional well-being, including:

1. The past, present and potential future relationship between the parent and the child.

2. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest interests.

3. The child's adjustment to home, school and community.

4. If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.

5. The mental and physical health of all individuals involved.

6. Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.

7. Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent.

8. Whether there has been domestic violence or child abuse pursuant to section 25-403.03.

9. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time.

10. Whether a parent has complied with chapter 3, article 5 of this title.

11. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

B. In a contested legal decision-making or parenting time case, the court shall 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.

C. If a child is seriously physically injured or killed after a court grants or expands parenting time from supervised to unsupervised or materially expands unsupervised parenting time in a proceeding in which section 25-403.11 applies and the court record does not include the lethality and psychosis risk assessment or the written findings required by section 25-403.11, the clerk of the superior court shall transmit the docket and the relevant orders and minute entries to the Commission on Judicial Conduct for review consistent with the Commission's jurisdiction and rules. On the written request of either party, the clerk of the superior court shall provide the requesting party and the requesting party's attorney with prompt access to the complete court record in the proceeding, including sealed filings, subject to protective orders that govern dissemination, and shall prioritize requests for copies of orders, minute entries and recordings necessary to pursue available remedies. END_STATUTE

Sec. 2. Section 25-403.01, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403.01. Sole and joint legal decision-making and parenting time

A. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making.

B. In determining the level of decision-making that is in the child's best interests, the court shall consider the factors prescribed in section 25-403, subsection A and all of the following:

1. The agreement or lack of an agreement by the parents regarding joint legal decision-making.

2. Whether a parent's lack of an agreement is unreasonable or is influenced by an issue not related to the child's best interests.

3. The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint legal decision-making.

4. Whether the joint legal decision-making arrangement is logistically possible.

C. An order for sole legal decision-making does not allow the parent designated as sole legal decision-maker to alter unilaterally a court-ordered parenting time plan.

D. A parent who is not granted sole legal decision-making or joint legal decision-making is entitled to reasonable parenting time to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing pursuant to section 25-403.11, that parenting time would endanger the child's physical, mental, moral or emotional health. END_STATUTE

Sec. 3. Section 25-403.02, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403.02. Parenting plans

A. If the child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan.

B. Consistent with the child's best interests in section 25-403 and sections 25-403.03, 25-403.04, and 25-403.05 and 25-403.11, the court shall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. The court shall not prefer a parent's proposed plan because of the parent's or child's gender.

C. Parenting plans shall include at least the following:

1. A designation of the legal decision-making as joint or sole as defined in section 25-401.

2. A description of each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training.

3. A practical schedule of parenting time for the child, including holidays and school vacations.

4. A procedure for the exchanges of the child, including location and responsibility for transportation. The parenting plan must specify when whether the exchange is required to take place at a safe exchange location pursuant to section 25-403.10.

5. A procedure by which proposed changes, relocation of where a child resides with either parent pursuant to section 25-408, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.

6. A procedure for periodic review of the parenting plan's terms by the parents.

7. A procedure for parents to communicate with each other about the child, including methods and frequency.

8. A statement that each party has read, understands and will abide by the notification requirements of section 25-403.05, subsection B.

9. A procedure for notice and safety planning in the event of a behavioral health crisis involving either parent, including temporary orders or an expedited hearing pursuant to section 25-403.11.

D. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child.

E. Shared legal decision-making does not necessarily mean equal parenting time. END_STATUTE

Sec. 4. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-403.11, to read:

START_STATUTE25-403.11. Voluntary and involuntary commitment; temporary orders; expedited hearing; disclosure; firearms; confidentiality; applicability; definitions

A. If a parent who is subject to a legal decision-making or parenting time order pursuant to this chapter UNDERGOES involuntary commitment or voluntarily commitment, that parent or, if the parent is unable, the parent's attorney, guardian or other authorized representative shall provide written notice to the other parent as soon as practicable. The notice given pursuant to this subsection shall include, to the extent known, and the Contact information of the facility where the parent is undergoing voluntary commitment or INVOLUNTARY commitment for verification of admission and discharge.

B. If a parent is undergoing involuntary commitment, on receipt of a verified petition or motion and supporting documentation establishing the involuntary commitment, the court shall issue a temporary order immediately suspending in-person parenting time for the committed parent pending an expedited hearing. The court shall set the expedited hearing for a date that is not later than ten days, excluding weekends and legal holidays, after issuance of the temporary order, unless the court finds good cause or the parties agree to set the expedited hearing beyond ten days. The temporary order may be issued without notice if the court finds that immediate relief is necessary to protect the child or children that are the subject of the parenting time plan. The court, in its discretion, may allow the parent who is undergoing the involuntary commitment telephonic or electronic contact that is consistent with the child's or children's safety pending the expedited hearing.

C. At the expedited hearing required pursuant to subsection B of this section, the court shall determine the committed parent's current mental state, compliance with treatment and discharge recommendations and whether any safety risks remain present to the child or children due to the parent's mental health diagnosis and the involuntary commitment. In making the determinations required pursuant to this subsection, the court shall consider recommendations from treating professionals and from any professional appointed by the court, including a behavioral health evaluator, custody evaluator or other qualified professional. If the court orders an evaluation of the parent who is undergoing involuntary commitment, the evaluation and report shall, to the extent practicable, include additional information from treating professionals and the noncommitted parent, or provide an explanation why additional information was not obtained.

D. The court may not order unsupervised parenting time following a parent's involuntary commitment unless the court makes written findings, based on the evidence presented, that all of the following apply:

1. The parent is psychiatrically stable.

2. The parent is not experiencing delusions or psychotic symptoms involving the child or children, the other parent, custody, parenting time or perceived threats relating to the child or children.

3. The parent does not present a current, clinically significant risk of suicide or homicide.

4. The parent does not present a current, unreasonable weapons risk, including firearms access risk, and the parent is in compliance with paragraph 5 of this subsection and all related court-ordered firearms safety conditions.

5. The parent is compliant with treatment recommendations, including medication compliance when clinically indicated and with discharge recommendations and aftercare planning.

E. If a parent undergoes VOLUNTARY commitment that parent shall disclose relevant records pertaining to the voluntary commitment to the other parent for the purpose of verifying current status and compliance with treatment goals. The parent who undergoes voluntary COMMITMENT, within forty-eight hours after admission, shall provide documentation sufficient to verify the admission, including the facility name and facility contact information. Within five business days after the discharge of the parent who underwent voluntary commitment, that parent shall provide the relevant records to the other parent. If the voluntarily committed parent does not possess the relevant records, the voluntarily committed parent, within five business days, shall execute the written authorizations and releases necessary for the other parent to obtain the relevant records directly from the facility or provider where the voluntarily committed parent received treatment. The parent who was not voluntarily committed may petition the court for restrictive legal decision-making or parenting time orders. The court shall schedule a hearing on a petition filed pursuant to this subsection at the earliest practicable time. Absent emergency circumstances, the court shall not impose restrictive legal decision-making or parenting time orders before holding a hearing pursuant to this subsection. In determining whether to grant or expand unsupervised parenting time in a case involving a voluntarily committed parent, the court shall make the written findings required by subsection D of this section. For purposes of this subsection, "emergency circumstances" means the court finds, based on a verified pleading or affidavit, that a child or children are in imminent danger of physical, mental or emotional harm.

F. the court shall order a lethality and psychosis risk assessment for any parent who undergoes voluntary commitment or involuntary commitment. The order shall require completion of the lethality and psychosis risk assessment and submission of a written report to the court within forty-five days after issuance of the court's order unless the court finds good cause to extend the deadline. The lethality and psychosis risk assessment may be completed by a qualified assessor. Any interview conducted as part of the lethality and psychosis risk assessment shall be audio-recorded or video-recorded, absent good cause as stated on the record. A parent who is the subject of a lethality and psychosis risk assessment pursuant to this subsection has the right to present an independent rebuttal evaluation by a qualified professional. The assessment report required by this subsection shall include an assessment of all of the following:

1. Suicidal ideation, threats and attempts and self-harm risk indicators.

2. Homicidal ideation and threats and violence risk indicators.

3. Delusions, hallucinations or psychotic symptoms involving the child or children or the current parenting time plan.

4. Weapons access, including firearms access, storage and proximity to the child or children.

5. Religious, persecutory or command delusions, including fixation on the child or children the other parent.

6. Recent psychiatric crises, including emergency evaluations, inpatient admissions or acute decompensation.

7. Compliance with medications or treatment recommendations, including recent discontinuation.

8. Domestic violence history, including threats, coercive control indicators or protective order history.

G. The lethality and psychosis risk assessment report required pursuant to subsection F of this section shall be filed with the court under seal and may include recommendations regarding supervision, safe exchanges, treatment compliance, firearms safety conditions and the timing and structure of any reunification or parenting time progression. The court may not lift, terminate or materially reduce parenting time restrictions that have been imposed pursuant to this subsection and may not grant or expand unsupervised parenting time, unless the court has received and considered the results of the lethality and psychosis risk assessment, together with any other relevant evidence. If the lethality and psychosis risk assessment identifies clinically significant risk indicators that create an unreasonable risk of harm to the child or children, the court shall order supervised parenting time and any additional safety conditions necessary to protect the child or children, pending further orders.

H. The court may order that the lethality and psychosis risk assessment required pursuant to subsection F of this section include the completion of an intimate partner risk assessment or a substantially similar evidence-based lethality assessment system, if domestic violence, coercive control, threats, stalking, weapons access or other lethality risk indicators are alleged or shown by evidence. If an intimate partner risk ASSESSMENT is used as part of the lethality and psychosis risk assessment, the qualified assessor shall do both of the following:

1. Submit the completed intimate partner risk assessment to the court.

2. Provide a brief written summary identifying the relevant risk tier or risk markers and recommended safety conditions.

I. this section does not prohibit the court from ordering additional evaluations that the Arizona rules of family law procedure allow or from appointing additional professionals as necessary.

J. In a matter that involves an involuntary commitment or voluntary commitment, the court shall take measures to ensure that the parent who is subject to involuntary commitment or voluntary commitment does not possess a firearm or have access to a firearm in any residence in which that parent resides or exercises parenting time, in accordance with state and federal law. The court shall inquire and make findings regarding firearms access and whether the parent who is subject to involuntary commitment or voluntary commitment is prohibited from possessing or receiving firearms pursuant to any applicable state or federal law. If the court finds that the parent who is subject to involuntary commitment or voluntary commitment is prohibited from possessing or receiving a firearm, the court shall order that parent to not possess or receive a firearm or ammunition and to immediately surrender or transfer any firearm and ammunition the parent possesses or controls to a law enforcement agency or to a third party who is not prohibited from possessing firearms and to provide proof of compliance of the surrender or transfer in the manner ordered by the court. If the parent who is subject to involuntary commitment or voluntary commitment is not prohibited from possessing or receiving a firearm but the court finds that firearms access would create an unreasonable risk to the child's or children's safety, the court shall order reasonable safety conditions, which may include requiring that firearms and ammunition be stored in a manner that prevents that parent's access. this subsection does not expand or limit criminal liability under title 13 or federal law.

K. Any records that are disclosed pursuant to this section are confidential and shall be filed under seal on request of a party or on the court's own motion. Records that are disclosed pursuant to this section may be used only for purposes of determining legal decision-making, parenting time and child safety. A party who receives records pursuant to this section shall not disseminate the records except to the party's attorney of record, retained experts or court-appointed professionals and only to the extent reasonably necessary for the proceeding. this section does not require a health care provider to disclose records absent a lawful authorization or a court order consistent with state and federal confidentiality laws. this subsection does not limit access by either party or either party's attorney of record to records filed under seal in the proceeding, subject to any protective order governing the dissemination of the records beyond the parties, either party's Attorney of record, retained experts and court-appointed professionals.

L. The court may impose appropriate sanctions for noncompliance with this section, including attorney fees and costs, and may consider noncompliance with this section in determining the best interests of a child and appropriate parenting time conditions.

M. this section does not limit any other remedies available under this title or law. this section does not diminish, override or neutralize findings of domestic violence, coercive control or child abuse made pursuant to section 25-403.03.

N. the diagnosis of a parent's mental illness or the fact that a parent voluntarily seeks inpatient behavioral health treatment does not constitute grounds to restrict legal decision-making or parenting time. Any Restriction regarding legal decision-making or parenting time shall be based on evidence of a current safety risk to THAT parent's child or children.

O. This section applies to any legal decision-making or parenting time proceeding that is pending or commenced after the effective date of this section.

P. For the purposes of this section:

1. "Involuntary commitment" means an involuntary inpatient behavioral health admission pursuant to title 36, chapter 5.

2. "Lethality and psychosis risk assessment" means a structured risk assessment that is conducted by a qualified behavioral health professional, that evaluates child safety risk factors associated with lethality, psychosis and acute psychiatric instability and that results in a written report with clinical findings and safety recommendations.

3. "Relevant records":

(a) means records sufficient to verify all of the following:

(i) The dates of admission and discharge.

(ii) The discharge summary and aftercare or safety plan.

(iii) Current medication regimen and recommended follow-up care.

(iv) Written recommendations concerning child safety or parenting time conditions.

(b) does not include psychotherapy notes as defined in 45 code of federal regulations section 164.501.

4. "Voluntary commitment" means a voluntary inpatient behavioral health admission pursuant to title 36, chapter 5. END_STATUTE

Sec. 5. Section 25-406, Arizona Revised Statutes, is amended to read:

START_STATUTE25-406. Investigations and reports; required training; exemption

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 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 allocate cost based on the financial circumstances of both parties.

C. The court shall require a court appointed court-appointed attorney for a child, a court appointed 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.

3. Six initial hours of training on behavioral health crisis and child safety risk assessment, INCLUDING lethality and psychosis risk factors, suicide and homicide risk indicators and the intersection of behavioral health crisis and firearms access in family court.

4. Four subsequent hours of training each year on domestic violence, child abuse and behavioral health crisis.

D. 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 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 of this section if the training meets the minimum standards.

E. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C of this section.

F. 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.

G. 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. END_STATUTE

Sec. 6. Legislative findings and purpose

A. The legislature finds that:

1. Arizona's public policy is that children benefit from substantial, frequent, meaningful and continuing contact with both parents consistent with the child's safety and best interests.

2. In rare but high-risk circumstances, an acute inpatient behavioral health crisis can create unpredictable safety risks that warrant prompt judicial review of existing parenting time orders.

3. Arizona law provides specific procedures and safeguards in cases involving domestic violence and substance abuse, and a similar standardized, due-process-protected procedure is needed to address mental health, including inpatient behavioral health crises, while protecting confidentiality and encouraging treatment.

B. The purpose of this act is to:

1. Establish a uniform process for immediate temporary orders and expedited hearings following an involuntary inpatient behavioral health admission under title 36, Arizona Revised Statutes.

2. Require limited disclosure of defined inpatient treatment information following a voluntary inpatient behavioral health admission, with confidentiality protections and without penalizing treatment-seeking behavior.

3. Ensure that, in cases involving a behavioral health crisis, family courts address firearms access consistent with state and federal law as a child-safety measure.

4. Strengthen evidence-based decision-making and training for court-appointed professionals in high-risk cases.

5. Require timely, evidence-based lethality and psychosis risk assessments in high-risk cases involving inpatient behavioral health crises and require written judicial findings before unsupervised parenting time is granted or expanded.

Sec. 7. Short title

This act may be cited as the "Alec and Lydia Act".