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_STATUTE25-419. Parenting time; supervision; professional supervisors; nonprofessional supervisors; definitions

A. In any parenting time proceeding, after an evidentiary hearing in which the court determines supervised parenting time is required, the court shall order supervised parenting time with a professional supervisor if either of the following applies:

1. The matter is determined to be a high-risk case.

2. Either of the parties is the subject of an order of protection or injunction against harassment currently or at any time in the ten years before the filing of the matter that is the subject of the parenting time order.

B. In any parenting time proceeding, after an evidentiary hearing in which the court determines supervised parenting time is required, the court may order supervised parenting time with a nonprofessional supervisor if both of the following apply:

1. The matter is not determined to be a high-risk case.

2. The parties are not subject to an order of protection or injunction against harassment currently and have not been subject to an order of protection or injunction against harassment at any time in the ten years before the filing of the matter that is the subject of the parenting time order.

C. A Professional Supervisor who is eligible to conduct court-ordered supervised parenting time shall meet all of the following QUALIFICATIONS:

1. Have verifiable, extensive and Specialized Training and Certifications in and experience with all of the following:

(a) Professions that have direct involvement with children and teenagers.

(b) Adverse Childhood Experiences.

(d) Recognition of Child abuse.

(e) Trauma-Informed training in post-traumatic stress disorder.

(f) Crisis Intervention and Safety Planning.

(g) training and certification by a national organization that establishes standards of practice for supervised parenting time.

2. hAVE A current background check with the Department of Child Safety Central Registry or the Adult Protective Services Registry and a current valid Fingerprint Clearance Card pursuant to title 41, chapter 12, article 3.1.

3. hAVE Active professional liability insurance.

4. Have completed a minimum of twenty-four hours of continuing education in the preceding two years and must complete twenty-four hours of continuing education every subsequent two years. the continuing education described in this paragraph must include all areas that are listed in paragraph 1 of this subsection.

5. Be able to submit proof of compliance with paragraphs 1, 2, 3 and 4 of this subsection on a request by the court or a party who is involved in the case.

D. a nonprofessional supervisor shall meet all of the following qualifications:

1. the training and standards of a national organization that establishes standards of practice for supervised parenting time.

2. Complete training in all of the following:

(a) Trauma.

(b) Domestic violence.

(d) Professional documentation standards.

3. Read and agree in writing to practice the standards for nonprofessional supervisors that are established by the supreme court.

E. A professional supervisor or a nonprofessional supervisor under this section has a duty to report pursuant to section 13-3620. This subsection applies to any person performing duties under title 8 or this title. If a professional SUPERVISOR or nonprofessional SUPERVISOR makes a report pursuant to section 13-3620, the PROFESSIONAL supervisor or nonprofessional supervisor shall provide a report that documents the incident of physical injury, abuse, child abuse, a reportable offense or neglect to both parents as soon as possible but by either of the following:

1. Within forty-eight hours after notifying the law enforcement agency and the department of child safety.

2. Before the next scheduled parenting time.

F. A parent has a right to refuse to use a professional supervisor or a nonprofessional supervisor if the professional supervisor or nonprofessional supervisor does not meet the qualifications prescribed in subsection C or d of this section or if the professional supervisor or nonprofessional supervisor refuses to provide documentation of the qualifications prescribed in subsection c or d of this section.

G. A person may not serve as a professional supervisor or a nonprofessional supervisor if any of the following applies:

1. The person is a party to an action with sealed case records, whether the case is a pending investigation or has resulted in a conviction, if the nature of the offense poses a risk to a vulnerable population or compromises the integrity of trauma-informed services.

2. The person is in an active family court case or juvenile court case or department of child safety active investigation that is determined to be a high-risk case.

3. The person has a court order to have supervised visitation with the person's own child, now or in the past.

4. in the previous ten-year period, The person has been the defendant or respondent for an active protective order, order of protection or injunction against harassment order. This paragraph does not apply if the order was dismissed after a hearing.

5. The person is in a romantic relationship with or is related to any of the parties.

H. In addition to subsection G of this section, a person may not be a professional supervisor if any of the following applies:

1. The person's membership has been denied or revoked from a national organization that establishes standards of practice for supervised parenting time.

2. The person has a conflict of interest with the parties, including a work relationship, or the person is a current or previous court expert appointed in a different role to the current case or any other case that involves one or both of the parties.

I. The court may not appoint any specific professional supervisor to provide supervised parenting time unless the parties agree. The parents or the parties involved are solely responsible for selecting and retaining a professional supervisor or nonprofessional supervisor to conduct supervised parenting time in accordance with the court order. The court may not order therapeutic parenting time supervision. If parenting assistance is needed for reasons unrelated to abuse, the parties shall select their own therapeutic counseling provider.

J. During an evidentiary hearing, if the court determines by a preponderance of the evidence that the matter qualifies for parenting time supervision, the court shall issue a temporary parenting time order pursuant to section 25-316. At the evidentiary hearing, the court shall provide in writing all of the following:

1. The reasons for parenting time supervision.

2. The scope of appointment and the duties of the parenting time supervisor.

3. An explanation of the factors that the court considered when determining the apportionment between the parents of the professional parenting supervision fees.

4. The schedule of the parenting time supervision, indicating the frequency and amount of time.

5. The frequency of the parenting time supervision reporting.

6. The length of the parenting time supervision order, not to exceed six months.

K. The court shall assess each parent's ability to pay fees associated with parenting time supervision. If lower cost or publicly funded alternatives exist and are adequate to address the issues, the court shall provide the information for these resources to the parents or parties in the case. THE COURT SHALL REALLOCATE THE FEES IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT THE ACCUSATIONS THAT RESULTED IN THE APPOINTMENT OF PROFESSIONAL PERSONNEL WERE FALSE AND WERE MADE FOR A RETALIATORY OR COERCIVE PURPOSE OR SOLELY TO COMMIT LITIGATION ABUSE, CAUSE INTENTIONAL DELAY OR MISUSE THE COURT PROCESS. THE COURT may NOT ORDER A PROTECTIVE PARENT TO PAY ANY PORTION OF THE FEES OR COSTS OF SUPERVISED PARENTING TIME IF THE OTHER PARENT IS SUBJECT TO A PENDING INVESTIGATION OR HAS BEEN FOUND TO HAVE COMMITTED AN ACT DESCRIBED IN SECTION 25-403.03. For the purposes of this subSECTION, "PROTECTIVE PARENT" MEANS A PARENT WHOM THE COURT DETERMINES IS ACTING TO PROTECT THE CHILD FROM CONDUCT DESCRIBED IN SECTION 25-403.03.

L. A professional supervisor may not charge supervised visitation hourly rates for time spent driving to or from child exchanges, supervised visitation locations or court appearances. Additional hourly or flat rate charges may not be assessed for travel or court-related attendance. Compensation for travel is limited to reimbursement for gas mileage. Gas mileage that is charged to drive to and from child exchanges, supervised visit locations and court appearances shall be based on the reimbursement rates established by the department of administration.

M. the child must remain within the full view and hearing distance of the professional supervisor or nonprofessional supervisor At all times. All conversation between the parent and the child shall be conducted in a language understood by the professional supervisor or nonprofessional supervisor to allow effective monitoring. Secret or private communications between the parent and the child are prohibited. The professional supervisor or nonprofessional supervisor shall conduct all exchanges of the child between the parties. The parents shall refrain from any form of direct contact with each other immediately before, during and following parenting time and exchanges. All transitions must be facilitated solely by the supervisor to ensure safety, neutrality and the avoidance of conflict. A professional supervisor or a nonprofessional supervisor may not compel or coerce a child to participate in parenting time against the child's will. The professional supervisor's or nonprofessional supervisor's role is limited to observation and facilitation and does not extend to enforcing participation when a child expresses unwillingness. During visitation or exchanges the professional supervisor or nonprofessional supervisor shall ensure that there is not discussion with the child or with other adults about litigation, the current legal situation or issues involving the court.

N. The professional supervisor or nonprofessional supervisor:

1. Shall ensure that the supervised parent complies with all applicable court orders. If the parent violates the orders, the professional supervisor or nonprofessional supervisor may end the parenting time and shall report any violations to the parties in writing.

2. May not make legal or custody recommendations to any parties or the court.

3. May not engage in ex parte communication with the court or with a party's attorney. The communication shall be limited to the parents or parties in the case or through testimony provided under oath during a properly noticed hearing at which all parties have the opportunity to be heard.

4. Shall maintain neutrality at all times. There may not be inappropriate contact, relationships or gifts between the professional supervisor or nonprofessional supervisor and either parent or any other party to the case.

O. Supervised parenting time in all cases:

1. Must occur between 8:00 a.m. And 8:00 p.m.

2. Late nights or overnights are prohibited as a safeguard for all parties and children, including the safety of the professional supervisor or nonprofessional supervisor.

P. A professional supervisor shall make audio or video recordings of each interaction if parenting time occurs within a facility that is operated by the professional supervisor. A parent may make an audio or video recording of parenting time or child exchanges if the recording is conducted in a manner that is not disruptive to the child or to the parenting time. Any recording that is performed by any party is not confidential. The individual who performed the recording shall provide a copy of the material within five days after a request by any parent or party involved in the case, including the professional supervisor.

Q. A professional supervisor's report must be signed under penalty of perjury and must include:

1. For the initial report only:

(a) both parents' intake observations.

(b) court orders relating to supervised parenting time and order of protection review.

2. Child information.

3. The location of the visit.

4. Persons present during visitation, if persons other than the supervised parent are allowed.

5. A summary of all of the following:

(a) all involved parties' demeanor and behavior during the supervised parenting time and exchanges.

(b) concerns or incidents and the appropriateness of the interactions between the supervised parent and the child, if any.

R. Supervised parenting time reports are not confidential. The professional supervisor or the nonprofessional supervisor shall simultaneously provide the parenting time reports to the parents and parties involved. The production frequency of the reports must be specified in court orders. If the frequency is not specified, a professional supervisor or nonprofessional supervisor shall produce a summary report at least one month before a court hearing involving the parties or every three months, whichever is more frequent. The professional supervisor or nonprofessional supervisor may produce reports more frequently. A professional supervisor or nonprofessional supervisor shall keep the supervised parenting time reports of a case for at least five years.

S. The professional supervisor or nonprofessional supervisor shall terminate parenting time immediately if any of the following occurs:

1. The supervised parent appears to be under the influence of drugs or alcohol.

2. The supervised parent behaves in a manner that is INAPPROPRIATE or not in the best interest of the child or The child behaves in a manner that is inappropriate and refuses to be redirected by the parent or the professional supervisor or nonprofessional supervisor. For the purposes of this paragraph, "behaves in a manner that is inappropriate" includes acting in rage or anger, making threats, refusing to follow court orders, refusing to listen to the professional supervisor's or nonprofessional supervisor's safety directions, continuously using inappropriate language or behaving in a manner that is verbally, physically or sexually abusive toward anyone.

3. Any party brings a weapon to the visit or has a weapon in the vehicle used for transportation to the visit. For the purposes of this paragraph, "weapon" includes a knife, firearm or other item that is designed to cause harm or be used as a weapon.

4. In the presence of the professional supervisor or nonprofessional supervisor, A child clearly, consistently or under stress refuses contact with the supervised parent.

T. If a visit is terminated for any of the reasons described in subsection S of this section, a professional supervisor or nonprofessional supervisor shall give a report to the parents or parties in the case as soon as possible but not later than forty-eight business hours after the time of the incident.

U. A PROFESSIONAL SUPERVISOR WHO VIOLATEs THIS SECTION MAY BE SUBJECT TO REMOVAL, SANCTIONS OR PERMANENT DISQUALIFICATION FROM FUTURE SERVICE. The court may not consider Any recommendations or reports issued outside of the lawful scope of supervision when the court decides the penalty for the violation. A parent who is found by a preponderance of the evidence to have threatened a professional supervisor's safety or nonprofessional Supervisor's safety or failed to comply with Court Orders relating to supervised parenting time is subject to contempt proceedings and may face contempt and loss of parenting time. For the purposes of this subsection, a verbal or written threat that does not involve the safety of a person, an involved party or a professional supervisor or nonprofessional supervisor does not justify loss of parenting time.

v. for the purpose of this section, the temporary parenting time order shall be reviewed by the court every six months until final parenting time orders are issued. final orders shall only be entered following a full evidentiary hearing ON the initial petition or on a petition to modify parenting time.

w. For the purposes of this section:

1. "High-Risk Case" means a parenting time case that involves any of the following:

(a) allegations or findings from another Court of Competent Jurisdiction, a sealed case, a pending investigation or a current or prior conviction involving any of the following:

(i) an offense involving domestic violence as defined in section 13-3601.

(ii) coercive Control.

(iii) stalking as prescribed in SECTION 13-2923.

(iv) threatening and intimidating as prescribed IN SECTION 13-1202.

(v) Harassment as prescribed iN SECTION 13-2921.

(vi) Dangerous crimes against children as defined in section 13-705.

(vii) Child or vulnerable adult abuse OR emotional abuse as defined SECTION 13-3623.

(viii) Aggravated assault as prescribed in SECTION 13-1204.

(ix) homicide as defined in section 13-1101.

(x) possession, use or trafficking of dangerous drugs as prescribed in SECTION 13-3407.

(xi) terrorism as prescribed in SECTION 13-2308.01.

(xii) Abuse of a child as defined in section 8-201.

2. "Nonprofessional supervisor" means an unpaid person who is approved by the court to conduct supervised parenting time and who meets all of the nonprofessional supervisor requirements.

3. "Professional supervisor" means a paid person who is appointed by the court to conduct supervised parenting time and who meets all of the professional supervisor requirements and qualifications.

4. "Supervised parenting time" means court-ordered parenting time monitored by a neutral third party. END_STATUTE