Chapter 7
SB1013
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge |
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| Administrative Office of the
Courts |
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ARREST WARRANTS; CHILD SUPPORT; FIDUCIARY
Sen. Chuck Gray
The provision allowing a facsimile of a judicial officer’s signature on a
fiduciary arrest warrant or child support arrest warrant to be deemed the
authorized signature of that officer is deleted. The bill is intended to
expand the ability of courts to use e-signatures and not be limited to an
original or copy of a written signature.
Statute Amended: A.R.S. §14-5701,
25-681
Court Impact: Removes the requirement
for a facsimile of the judge's signature on a fiduciary or child support
arrest warrant.
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Chapter 63
HB2276
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge |
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| Administrative Office of the Courts |
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CHILD SUPPORT; ARREARAGES
Rep. Hershberger
When calculating support arrearages not reduced to a final written money
judgment, interest accrues only on the principal and not on the interest.
Past support reduced to a final written money judgment before the effective
date of the bill accrues interest at the rate of ten per cent annually
beginning on entry of the judgment by the court and accrues interest only on
the principal and not on interest. Past support reduced to a final written
money judgment after the bill goes into effect does not accrue interest for
any time period.
Any credit against support arrearages other than by court order may be made
by waiver of support arrearages if a written affidavit is signed by the
person entitled to receive the support or both parties to the support order.
Statute amended: A.R.S. §25-510
Statute repealed: A.R.S. §25-515
Court Impact: Amends A.R.S. § 25-510 to eliminate interest on past support judgments
entered after the effective date.
Also, clarifies that interest continues to accrue on arrearage judgments and
on previously entered past support judgments and explains current law that
interest does not accrue on interest. Repeals A.R.S. § 25-515, since its
substance is incorporated in A.R.S. § 25-510.
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Chapter 78
SB1100
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge |
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| Administrative Office of the Courts |
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CPS SERVICES; COURT ORDER
Sen. Landrum-Taylor
Current restrictive language on a family court’s authority to request or
order services from the Division of Children and Family Services is replaced
with more permissive language. The court, not the Department of Economic
Security, must believe a child may be the victim of child abuse or neglect
in order for services to be requested or ordered.
Statute Amended: A.R.S. §25-403.03
Court Impact: Removes the language in
A.R.S. §25-403.03 that prohibited the court from ordering services for a
child the court believed to be the victim of child abuse or neglect through
the Department of Economic Security.
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Chapter 101
HB2277
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge |
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| Administrative Office of the Courts |
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CHILD SUPPORT; PRESUMPTIONS
Rep. Hershberger
A court is to presume that a custodial or non-custodial parent is capable
of full-time employment at the applicable state or federal minimum wage,
whichever is higher.
Statute amended: A.R.S. §25-320
Court Impact: Amends the statute to
permit the court, when establishing child support, to presume the obligor is
capable of full-time employment at either the applicable state or federal
minimum wage, whichever is higher. The current statute only required
application of the federal minimum wage. This presumption does not apply to
noncustodial parents who are under the age of eighteen and who are attending
high school.
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Chapter 124
SB1112
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge |
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| Administrative Office of the Courts |
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DIVORCE; DISPOSITION OF PROPERTY
Sen. Linda Gray
Service of a petition for dissolution of marriage, legal separation or
annulment does not:
- Alter the status of preexisting community property
- Change the status of community property that is used to acquire new property or the status of that new property as community property
- Alter the duties and rights of either spouse with respect to the
management of community property (except as restricted by a preliminary
injunction)
The court may consider all debts and obligations related to the property,
including accrued or accruing taxes, which would become due on the receipt,
sale or other disposition of the property when dividing property in a
marriage dissolution or legal separation proceeding. The court may also
consider the exempt status of certain properties from process for collection
of debt.
The court is required to make specific findings of fact and supporting
conclusions of law in its decree if any part of the court’s division of
joint, common or community property is in the nature of child support or
spousal maintenance.
Statutes amended: A.R.S. §25-318, 25-211
Court Impact: Disposition of property; retroactivity; notice to creditors; assignment of
debts; contempt of court
- Allows the court to consider the following when dividing community
property:
- all debts and obligations related to the property, including accrued or
accruing taxes that would become due on the receipt, sale or other
disposition of the property.
- the status of certain property as exempt from process for the collection
of debts.
- Requires the court to make specific findings of fact and supporting
conclusions of law in its decree if the division of joint, common or
community property is in the nature of child support or spousal maintenance.
- Makes technical and conforming changes.
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Chapter 162
SB1282
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge |
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| Administrative Office of the Courts |
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ADULT ADOPTION
Sen. Miranda
An adult is now able to adopt another adult between the ages of 18 and 21
years old if the adult being adopted consents to the adoption.
Statute amended: A.R.S. § 14-8101
Court Impact: Informational
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Chapter 166
HB2601
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge |
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| Administrative Officer of the Courts |
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SHORT-TERM CAREGIVERS; FOSTER CHILDREN
Rep. Adams
If a foster parent experiences circumstances that would necessitate leaving
a foster child in the short-term care of another person, the foster parent
is required to:
- Use reasonable judgment in their choice of an adult to provide care
- Notify the Department of Economic Security case manager within twenty-four
hours in a nonemergency situation
- Notify the DES case manager within seventy-two hours in an emergency
situation
A foster parent who is certified to care for a developmentally disabled
child, a child needing special treatment, or a medically fragile child must
implement the alternate care plan approved by DES if the foster parent needs
to leave the child in the care of another person.
Statute created: A.R.S. § 8-511
Court Impact: Informational, requires a
foster parent to notify DES under defined circumstances when leaving a
foster child in the care of another person. Requires the foster parent to
have an alternative care plan approved by DES to provide care to a child
with developmental disabilities, a medically fragile child or a child
receiving treatment foster care when leaving the child in the care of
another person.
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Chapter 181
HB2505
Effective Date
General
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Item of interest to: |
Superior Court:
Clerk of Court
Court Administrator
Judge
Clerk |
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| Administrative Office of the Courts |
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CHILD SUPPORT; MEDICAL INSURANCE
Rep. Jim Weiers
Parents are required to present to the court a
medical support plan for the child that includes the child’s medical
support needs, the availability of medical insurance or Arizona
Health Care Cost Containment System, and whether a cash medical
support order is necessary. In title IV-D, cases the parent
responsible for providing medical insurance for the child must
notify the child support enforcement agency in the Department of
Economic Security (DES) if medical insurance has been obtained or if
the child is no longer covered under an insurance plan.
If the court finds that neither parent is able to
obtain medical insurance for the child that is accessible and
available at a reasonable cost the court must:
- Establish a reasonable monthly cash medical
support order to be paid by the obligor, unless medical
assistance is being provided to the child under Title XIX, in
which case cash medical support will be assigned to the state.
- Order that medical costs in excess of the
cash medical support amount should be paid by each parent
according to the percentage assigned for payment of payment of
uninsured costs.
- Set alternative cash medical support order
to be paid by the parent ordered to provide medical insurance if
the child is not covered within 90 days of the order or if the
child is no longer covered by insurance.
The director of DES is permitted to enter into
agreements with a consortium of other states to increase the
availability of medical insurance coverage.
Defines “accessible” as meaning that insurance
is available in the geographic region where the child resides.
Defines “reasonable cost” as an amount that does not exceed the
higher of five percent of the gross income of the obligated parent
or an income- based numeric standard that is prescribed in the child
support guidelines.
Statute(s) Amended: A.R.S. §20-154, 25-320,
25-500
Court Impact: Provides that the supreme court include the medical support plan as
a factor in the child support guidelines. Requires the director of
the Department of Insurance to make available to the public a list
of authorized insurers offering individual health plans annually.
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Chapter 182
HB2594
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of Court
Court Administrator
Judge
Clerk |
Justice Court:
Court Administrator
Justice of the Peace
Clerk |
Municipal Court:
Court Administrator
Judge/Magistrate
Clerk |
| Administrative Office of the Courts |
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CPS; COURT ORDERS
Rep. Adams
Child Protective Service (CPS) workers are
required to make a good faith effort to promptly obtain and abide by
court orders that restrict or deny custody, contact or visitation by
a parent or other person who resides with the child. The CPS worker
must ask the parent, guardian or custodian under investigation if a
current court order exists as part of this effort.
Statute Amended: A.R.S. §8-802
Court Impact: Courts will need to provide CPS with orders that
restrict or deny custody, contact or visitation by a parent or other
person who resides with the child. No contact orders could include
Orders of Protection or Injunctions Against Harassment.
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Chapter 205
HB2248
Effective Date
General
| Item of interest to: |
Superior Court:
Court Administrator
Judge |
Justice Court:
Court Administrator
Justice of the Peace |
Municipal Court:
Court Administrator
Judge/Magistrate |
| Administrative Office of the Courts |
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ELECTRONIC COMMUNICATIONS; HARASSMENT; ORDER; PROTECTION
Rep. Robson
The evidence the court is required to review when
considering whether injunction against harassment or an order of
protection should issue is expanded to include electronic contact or
communication. Clarifies that a person commits harassment if the
person contacts another person, anonymously or otherwise, with
intent to harass.
Statutes Impacted: A.R.S. § 12-1809, 13-2921,
and 13-3602
Court Impact: Clarifies courts are to consider electronic
communications when presented as evidence for the issuance of an
Order of Protection or Injunction Against Harassment.
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Chapter 248
HB2836
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of Court
Court Administrator
Judge |
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| Administrative Office of the Courts |
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GUARDIANS AND CONSERVATORS
Rep. Barto
If a petitioner for a guardianship or
conservatorship of a person withdraws the petition or the
petitioner fails to prosecute the petition, the court may
order that compensation of the lawyer or expert appointed as
a result of the petition be paid by the petitioner or the
ward’s estate.
A lawyer employed to represent a guardian
or conservator is entitled to reasonable compensation from
the ward’s estate if the petition is granted.
An estate conservator is no longer
required to provide a final account if the conservatorship
is terminated due to the death of the protected person and a
verified statement containing items enumerated in statute is
filed, including a written waiver of the final accounting by
all the protected person’s successors. The personal
representative who is not the conservator may file the
waiver.
The list of individuals who are entitled
to reasonable compensation from the estate of a protected
person is expanded to include a psychologist and an
independent lawyer not appointed by the court.
The contents of the closing statement
required to be delivered to the protected person’s
successors are also enumerated in statute.
The following terms are defined:
- ‘Guardian’ includes both a guardian and a temporary
guardian.
- ‘Ward’ is amended to include an alleged
incapacitated person.
- ‘Conservator’ includes a conservator, temporary
conservator or special conservator.
- ‘Petition” is a petition submitted to the court for
the appointment of a guardian, temporary guardian,
conservator or temporary conservator.
- ‘Protected person’ includes a person who is alleged
to be in need of protection.
- ‘Protected person’s successor’ include the personal
representative of the protected person’s estate, if the
personal representative and the conservator are not the
same person. The protected person’s heirs, if the
protected person died without a will and the personal
representative and the conservator are the same person.
The devisees under the protected person’s will, if the
protected person died with a will and the personal
representative and the conservator are the same person.
Statute Amended: A.R.S. §14-5314, 14-5414.01, 14-5419, 14-5425
Court Impact: Prescribes additional parties who may receive
compensation in guardianship and conservatorship cases including an
independent lawyer or psychologist. The court may order the
compensation from the ward's estate or by the petitioner. The court
may consider any evidence it considers appropriate in making its
determination. Allows a conservator to file a verified statement in
lieu of a final accounting with permission of the court and
specifies the content of the statement. Specifies condition under
which a conservator may proceed to administer and distribute a
decedents estate without additional or further appointment.
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Chapter 278
HB2453
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of Court
Court Administrator
Judge
Clerk |
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| |
| Administrative Office of the Courts |
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CHILDREN; OPEN COURT PROCEEDINGS
Rep. Paton
All court proceedings related to dependency,
permanent guardianship and termination of parental rights are open
to the public. The court may close a proceeding for good cause or
open a previously closed proceeding upon request. The factors to be
considered by the court when determining the closure of a proceeding
are enumerated in statute. The court may find an individual in
contempt for disclosure of identifying information of a child,
sibling or parent.
Statute Created: A.R.S. §8-525
Court Impact: Establishes a presumption that court proceeding
related to dependency, permanent guardianship and termination of
parental rights are open to the public. The court must explain to
the parties present that they are prohibited from disclosing any
information that may identify the child and the child's siblings,
parents, guardians and caregivers, and any other person whose
identity will be disclosed during the proceeding. Explain contempt
of court to the attendees and the possible consequences of violating
an order of the court. The court may close the proceeding for good
cause as enumerated in the statute.
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Chapter 280
HB2455
Effective Date
General
| Item of interest to: |
Superior Court:
Chief Probation Officer
Clerk of Court
Court Administrator
Judge
Clerk |
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| Administrative Office of the Courts |
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CHILD PROTECTIVE SERVICES; RECORDS; DUTIES
Rep. Paton
In providing services to the child and
the family, the court must consider any criminal prosecution
relating to the offenses which led to the child’s removal
from the home as well as any orders of the criminal court.
Such information may be provided by law enforcement or the
county attorney.
The list of people to whom CPS
information must be provided is expanded to include law
enforcement, a prosecutor, and an attorney or guardian ad
litem representing a child victim of crime. The list of
reasons why information must be provided is expanded to
include information to a defendant after a criminal charge
has been filed as required by an order of the criminal
court. CPS is required to promptly provide information to
the public pertaining to child abuse, abandonment or neglect
that resulted in a fatality or near fatality.
CPS is required to promptly release any
requested information and to consult with the county
attorney’s office as to whether or not releasing such
information would cause a specific, material harm to a
criminal investigation. CPS is prohibited from releasing
information if the county attorney demonstrates that release
would cause specific, material harm to a criminal
investigation or if the release if it would violate federal
law, would likely endanger the safety of any person, or
would violate the privacy rights of a child victim of crime.
Any person may file an action in superior
court if the person believes that the county attorney has
failed to demonstrate the specific, material harm to a
criminal investigation and request the court to take an in
camera review and order disclosure of the information. A
person who has been denied CPS information, or is not
specifically authorized to obtain information, may bring a
special action in the superior court to order the department
to release the information. The court must take all
reasonable steps to prevent any clearly unwarranted
invasions of privacy and protect the privacy and dignity of
child victims of crime.
The court may release CPS information to
a person not specifically authorized only if it determines
that the rights of the parties seeking the information
outweigh the rights of the parties who are entitled to
confidentiality.
All CPS files, records, reports and other
papers compiled are subject to disclosure. CPS training must
include knowledge of a child’s rights as a victim of crime.
CPS must investigate all complaints of “criminal conduct”
formerly “extremely serious conduct.”
For each county, the county attorney,
sheriff, chief law enforcement officer and the CPS shall
develop, adopt and implement protocols to guide the
investigation regarding allegations involving criminal
conduct.
Statute Amended: A.R.S. §8-304, 8-541, 8-542, 8-801, 8-802, 8-807, 8-817, 8-821, 8-846
Court Impact: A person who has been denied CPS information
regarding a fatality or near fatality caused by abuse, abandonment,
or neglect may file a special action (39-121.02) in superior court
for release of the information. The department or a person who is
not specifically authorized by this section to obtain CPS
information may petition a judge of the superior court to order the
department to release CPS information. The court must take all
reasonable steps to prevent any clearly unwarranted invasions of
privacy and protect the privacy and dignity of child victims of
crime. CPS is required to provide information to a defendant after a
criminal charge has been filed as required by an order of the
criminal court. The court shall consider any criminal prosecution
relating to the offenses which led to the child's removal from the
home and any orders of the criminal court when considering placement
or reunification. Information may be provided by law enforcement or
the county attorney. The department is not required by this section
to disclose CPS information if, in consultation with the county
attorney, the county attorney demonstrates that disclosure would
cause a specific, material harm to a criminal investigation. Courts
should be aware of the effect of this bill that makes technical
changes renumbering A.R.S. § 8-807(S) as A.R.S. § 8-807(T) and
A.R.S. § 8-821(H) as A.R.S. § 8-821(G). The change requires courts
to update their automation system.
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