Assigned to TTMC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1372
family reunification treatment; prohibitions
Purpose
Prohibits a court from ordering family reunification treatment that requires or results in a
change in custody or parental contact or the use threats or certain transporters, as outlined.
Background
Either originally or on petition for modification, the court must: 1) determine legal
decision-making and parenting time in accordance with the best interests of the child; and
2) consider all factors that are relevant to the child's physical and emotional wellbeing. In a
contested legal case, the court will make specific findings on the record about all relevant factors
and reasons why the decision is in the best interest of the child (A.R.S. § 25-403). A child custody
determination is any judgement, decree or other court order, including a permanent, temporary,
initial and modification order, for legal or physical custody or visitation with respect to a child
(A.R.S. § 25-1002).
Reunification treatment is a treatment or therapy aimed at reuniting or reestablishing a
relationship between a child and an estranged or rejected parent or other family member of the
child (34 U.S.C. § 10446).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a court from ordering family reunification treatment that, as a condition of enrollment
or participation, requires or results in:
a) a no-contact order with a parent;
b) an overnight, out-of-state or multiday stay;
c) a transfer of physical or legal custody of the child;
d) the use of private youth transporters or private transportation agents engaged in the use of
force, threat or force, physical obstruction or circumstances that place the safety of the
child at risk; or
e) the use of threats of physical force, undue coercion, verbal abuse or isolation from the
child's family, community or other sources of support.
2. Defines family reunification treatment as a treatment, therapy, program, service or camp that
is aimed at reuniting or reestablishing a relationship between a child and an estranged or
rejected parent.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2024
KJA/EB/mg