| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 11, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 11-452, to read: START_STATUTE11-452. Neutral safe exchange locations; parenting time; designation; immunity A. Each county sheriff shall maintain on the office's public website a list of the neutral safe exchange locations within their county for the purposes of exchanging children pursuant to a parenting plan under section 25-403.10. B. Any sheriff's office may designate two or more parking spots at the sheriff's office or any sheriff's office substation as a neutral safe exchange location for the purposes of exchanging children. Any police department of a city or town may designate two or more parking spots at the police department or any police department substation as a neutral safe exchange location. C. Each parking lot that is designated as a neutral safe exchange location shall have a purple light or a sign clearly identifying the area as a neutral safe exchange location. The neutral safe exchange location shall meet all of the following: 1. Provide aCCESSIBILITY TWENTY-FOUR hours a day, seven days a week. 2. Have adequate lighting and an external video surveillance system that records continuously twenty-four hours a day, seven days a week and that has the ability to retain videos for forty-five days. 3. Have at least one camera that is fixed in or near the designated neutral safe exchange location, that captures images that clearly and accurately display the time and date and that has the ability to store images for FORTY-FIVE days. D. Counties, cities, towns, sheriffs, law enforcement officers and employees of the designated neutral safe exchange location are not liable for civil damages for any act or omission relating to an incident arising out of the exchange of a child at a neutral safe exchange location. END_STATUTE Sec. 2. Section 25-403.02, Arizona Revised Statutes, is amended to read: START_STATUTE25-403.02. Parenting plans A. If the child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan. B. Consistent with the child's best interests in section 25-403 and sections 25-403.03, 25-403.04 and 25-403.05, the court shall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. The court shall not prefer a parent's proposed plan because of the parent's or child's gender. C. Parenting plans shall include at least the following: 1. A designation of the legal decision-making as joint or sole as defined in section 25-401. 2. A description of each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training. 3. A practical schedule of parenting time for the child, including holidays and school vacations. 4. A procedure for the exchanges of the child, including location and responsibility for transportation. The parenting plan must specify when the exchange is required to take place at a safe exchange location pursuant to section 25-403.10. 5. A procedure by which proposed changes, relocation of where a child resides with either parent pursuant to section 25-408, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling. 6. A procedure for periodic review of the plan's terms by the parents. 7. A procedure for communicating parents to communicate with each other about the child, including methods and frequency. 8. A statement that each party has read, understands and will abide by the notification requirements of section 25-403.05, subsection B. D. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child. E. Shared legal decision-making does not necessarily mean equal parenting time. END_STATUTE Sec. 3. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-403.10, to read: START_STATUTE25-403.10. Parenting time; safe exchange locations; court order A. In any proceeding in which the court enters a parenting plan or a legal decision-making or parenting plan order, including the modification of an existing parenting plan or a legal decision-making or parenting plan order, the court may enter an order requiring the parties to exchange custody of the minor child at a safe exchange location if the court finds that it is in the best interests of the child. b. a safe exchange location includes any of the following: 1. A designated neutral safe exchange location pursuant to section 11-452. 2. A location approved by the court. 3. A location agreed to by the parties. END_STATUTE |
|---|
| 78 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 11, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 11-452, to read: START_STATUTE11-452. Neutral safe exchange locations; parenting time; designation; immunity A. Each sheriff's office shall designate at least one parking lot at the sheriff's office or sheriff's office substation as a neutral safe exchange location for the purposes of exchanging children pursuant to a parenting plan under section 25-403.10. b. Each parking lot that is designated as a neutral safe exchange location shall have a purple light or a sign clearly identifying the area as a neutral safe exchange location. The neutral safe exchange location shall meet all of the following: 1. Provide aCCESSIBILITY TWENTY-FOUR hours a day, seven days a week. 2. Have adequate lighting and an external video surveillance system that records continuously twenty-four hours a day, seven days a week and that has the ability to retain videos for forty-five days. 3. Have at least one camera that is fixed in or near the designated neutral safe exchange location, that captures images that clearly and accurately display the time and date and that has the ability to store images for FORTY-FIVE days. c. Counties, sheriffs, law enforcement officers and employees of the designated neutral safe exchange location are not liable for civil damages for any act or omission relating to an incident arising out of the exchange of a child at a neutral safe exchange location. END_STATUTE Sec. 2. Section 25-403.02, Arizona Revised Statutes, is amended to read: START_STATUTE25-403.02. Parenting plans A. If the child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan. B. Consistent with the child's best interests in section 25-403 and sections 25-403.03, 25-403.04 and 25-403.05, the court shall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. The court shall not prefer a parent's proposed plan because of the parent's or child's gender. C. Parenting plans shall include at least the following: 1. A designation of the legal decision-making as joint or sole as defined in section 25-401. 2. A description of each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training. 3. A practical schedule of parenting time for the child, including holidays and school vacations. 4. A procedure for the exchanges of the child, including location and responsibility for transportation. The parenting plan shall indicate whether the exchange location is required to be a safe exchange location pursuant to section 25-403.10. 5. A procedure by which proposed changes, relocation of where a child resides with either parent pursuant to section 25-408, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling. 6. A procedure for periodic review of the plan's terms by the parents. 7. A procedure for communicating parents to communicate with each other about the child, including methods and frequency. 8. A statement that each party has read, understands and will abide by the notification requirements of section 25-403.05, subsection B. D. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child. E. Shared legal decision-making does not necessarily mean equal parenting time. END_STATUTE Sec. 3. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-403.10, to read: START_STATUTE25-403.10. Parenting time; safe exchange locations; court order A. In any proceeding in which the court enters a parenting plan or a legal decision-making or parenting plan order, including the modification of an existing parenting plan or a legal decision-making or parenting plan order, the court may enter an order requiring the parties to exchange custody of the minor child at a safe exchange location if the court finds any of the following: 1. There is a risk or imminent threat of harm to one party or the child during the exchange of the child. 2. The requirement is necessary to ensure the safety of a parent or the child. 3. The requirement is in the best interests of the child. b. a safe exchange location includes all of the following: 1. A designated neutral safe exchange location pursuant to section 11-452. 2. A location approved by an authorized agent who currently provides professional supervised visitation to the parties. 3. A location approved by the court. 4. A location agreed to by the parties. END_STATUTE |
|---|