HB 2256 — parental alienation; testimony; prohibition

SenateCorrected Engrossed House BillEngrossed parental alienation;

prohibition) (now:State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2256 AN ACT AMENDING TITLE 25, CHAPTER 4, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 25-407.01;

domesticRELATING proceedings;TO LEGAL DECISION-MAKING AND PARENTING TIME.

therapeutic(TEXT intervention;OF BILL BEGINS ON NEXT PAGE) - i - H.B.

prohibition)2256 StateBe ofit Arizonaenacted Houseby ofthe Representatives Fifty-seventh Legislature Firstof Regularthe SessionState HOUSEof BILLArizona: 2256 AN ACT AMENDING TITLE 25, CHAPTER 4, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 25-419;

RELATING TO JUDICIAL PARENTING ORDERS.

(TEXT OF BILL BEGINS ON NEXT PAGE) - i - Be it enacted by the Legislature of the State of Arizona:

Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-419,25-407.01, to read:

25-419.25-407.01.

TherapeuticLegal intervention;decision-making and parenting time hearings;

payment;testimony;

prohibition;prohibition IN ANY LEGAL DECISION-MAKING OR PARENTING TIME PROCEEDING, INCLUDING A LEGAL DECISION-MAKING OR PARENTING TIME MODIFICATION PETITION FILED PURSUANT TO SECTION 25-411, THE COURT IS PROHIBITED FROM TAKING TESTIMONY OR MAKING FINDINGS BASED ON TERMINOLOGY OR THEORIES THAT ARE NOT SCIENTIFICALLY SUPPORTED AND THAT DO NOT LEAD TO SPECIFIC EVIDENCE-BASED TREATMENT.

expert testimony;

qualifications;

definition A.

NOTWITHSTANDING ANY OTHER LAW, IN ANY LEGAL DECISION-MAKING OR PARENTING TIME PROCEEDING, A COURT SHALL NOT ORDER A PARTY TO PAY FOR ANY TYPE OF THERAPEUTIC INTERVENTION WITHOUT THE CONSENT OF THE PARTY.

B.

NOTWITHSTANDING ANY OTHER LAW, IN ANY LEGAL DECISION-MAKING OR PARENTING TIME PROCEEDING, EXPERT TESTIMONY RELATED TO THERAPEUTIC INTERVENTION, CHILD DEVELOPMENT, MENTAL OR PHYSICAL HEALTH, DOMESTIC VIOLENCE OR SUBSTANCE ABUSE IS ADMISSIBLE IF BOTH OF THE FOLLOWING APPLY:

1.

THE EXPERT HAS SPECIALIZED 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.

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 SHALL 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, "THERAPEUTIC INTERVENTION":

1.

MEANS ANY THERAPY, TREATMENT OR COUNSELING PROGRAM DESIGNED TO IMPROVE OR MAINTAIN THE PARENT-CHILD RELATIONSHIP OR THE PARENT-PARENT RELATIONSHIP, OR BOTH.

2.

INCLUDES COURT-ORDERED BEHAVIORAL INTERVENTION.