HB 2432 Initials MT Page 1 House Engrossed ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session House: PSLE DP 9-3-1-2 HB 2432: parenting time; neutral exchange location Sponsor: Representative Gress, LD 4 House Engrossed Overview Allows a sheriff's office and municipal police department to designate two or more parking spots at their office or substation as a neutral safe exchange location 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. Requires each sheriff's office to post on their website a list of neutral safe exchange locations within their county for exchanging children under a court-ordered parenting plan. (Sec. 1) 2. Allows a sheriff's office to designate two or more parking spots at their office or substation as a neutral safe exchange location. (Sec. 1) 3. Permits a municipality police department to designate two or more parking spots at the police department or substation as a neutral safe exchange location. (Sec. 1) 4. 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) 5. Requires the exchange location to meet all the following: a) provide accessibility 24 hours a day, 7 days a week; ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2432 Initials MT Page 2 House Engrossed 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) 6. 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) 7. 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 that it is in the best interest of the child. (Sec, 3) 8. Details that an exchange location includes any of the of the following: a) a designated exchange location outlined in this Act; b) a location approved by the court; and c) a location agreed to by the parties. (Sec. 3) 9. Specifies that a parenting plan must include when the exchange location is required to take place at a safe exchange location. (Sec. 2) 10. Makes technical and conforming changes. (Sec. 2)