HB 2432 Initials MT Page 1 Public Safety & Law Enforcement ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session HB 2432: parenting time; neutral exchange location Sponsor: Representative Gress, LD 4 Committee on Public Safety & Law Enforcement Overview Requires each sheriff's office to designate at least one parking lot as a neutral safe exchange location (exchange location) for exchanging children under a court-ordered parenting plan and outlines criteria the exchange location must meet. History If a child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan. If the parents are unable to agree on any element of the parenting plan, the court must determine that element and other factors that are necessary to promote and protect the emotional and physical health of the child (A.R.S. § 25-403.02). The court must adopt a parenting plan that allows both parents to share the legal decision- making of the child. A parenting plan must include at least all the following: 1) a designation of the legal decision-making as joint or sole; 2) each parent's responsibilities for the personal care of the child and rights for decisions in outlined areas; 3) a practical parenting time schedule for the child; 4) a procedure for exchanges of the child, including location and responsibility for transportation; 5) a procedure for how proposed exchanges, disputes and alleged breaches will be mediated; 6) a procedure for periodic review of the plan's terms; 7) a procedure for communicating with each other about the child; and 8) a statement that each party understands and will abide by laws relating to the notification if a dangerous individual has access to the child (A.R.S § 25-403.02) Provisions 1. Directs each sheriff's office to designate at least one parking lot at the sheriff's office or substation as an exchange location for exchanging children under a court-ordered parenting plan. (Sec. 1) 2. States that the parking lot designated as the exchange location must have a purple light or a sign identifying the area as the exchange location. (Sec. 1) 3. Requires the exchange location to meet all the following: a) provide accessibility 24 hours a day, 7 days a week; b) have adequate lighting and an external video surveillance system recording continuously that retains videos for 45 days; and c) have at least one camera near the exchange location that captures images that display the time and date with the ability to store images for 45 days. (Sec. 1) ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2432 Initials MT Page 2 Public Safety & Law Enforcement 4. Stipulates that law enforcement personnel and employees are not liable for civil damages or incidents arising out of the exchange of a child at the exchange location. (Sec. 1) 5. Allows the court to enter an order, into a parenting plan or legal decision-making or parenting plan order, an order requiring parties to exchange custody of a minor child at the exchange location if the court finds any of the following: a) there is a risk of harm to one party or child during the child exchange; b) the requirement is necessary to ensure the safety of a parent or child; or c) the requirement is in the best interest of the child. (Sec. 3) 6. Details that an exchange location includes all of the of the following: a) a designated exchange location outlined in this Act; b) a location approved by an authorized agent who provides professional supervised visitation to the parties; c) a location approved by the court; and d) a location agreed to by the parties. (Sec. 3) 7. Requires a court-ordered parenting plan to specify if an exchange location must be at an exchange location outlined in this Act. (Sec. 2) 8. Makes technical and conforming changes. (Sec. 2)