Arizona Judicial Branch

CHAPTER 9  

HB 2125

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FOSTER CARE REVIEW BOARD; CONTINUATION

Rep. Chase, Rep. Herschberger

Extends the Arizona Foster Care Review Board to July 1, 2016.  Retroactive to July 1, 2006.

Statutes Affected:  41-3006.12; 41-3016.01

HB 2106

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 CERTIFICATES OF FOREIGN BIRTH

Rep. Quelland

Requires the State Registrar to create and register a certificate of foreign birth for adopted persons who meet the requirements set forth in statute.

Prior to the creation and registration of a certificate of foreign birth, a state court, adoptive decree or other official document finalizing the adoption from the country of the adopted person's birth that has been translated into English and a copy of the passport page showing the IR-3 stamp.  The parent of an adopted child who has been issued an IR-3 visa must provide the registrar with either an original state of Arizona certificate of adoption issued by an Arizona court or a certified court order of adoption issued by an Arizona court along with either a birth certificate from the country of origin or any other written documentation that established the date and place of the adopted person's birth.  All documents must be translated into English.

If the adopted person does not have an IR-3 stamped passport, an adoptive parent or an adult adopted person must submit one of the aforementioned documents or, if the person was not adopted in this state, a court order issued in this state that recognizes the adoption.  A certificate of foreign birth is not evidence of US citizenship.

Emergency clause:  effective date of March 29, 2006

Statute Affected:  36-338

CHAPTER 58  

SB 1415

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ADOPTION; TERMINATION OF PARENTAL RIGHTS

Sen. Johnson

After proper notice to a potential father of a child who is eligible for adoption, the potential father has 30 days to file a paternity action and comply with applicable service requirements.  Failure to do so results in a waiver of his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights; further, his consent to the adoption or termination is no longer required.

Statutes Affected:  8-106; 8-535

CHAPTER 110  

HB 2342

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CHILD SUPPORT; SELF-EMPLOYED PARENT

Rep. McComish, et al

Authorizes the court to determine the portion of the cost each parent must pay a federally authorized tax practitioner assisting with the determination of child support obligations when a parent is self-employed (the cost was previously shared).

Statute Affected:  25-320.02

CHAPTER 164 

SB 1303

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CHANGE OF NAME; APPLICATION; VENUE

Sen. Huppenthal

A person who files an application for a name change must include a statement, made under penalty of perjury, stating the following: the person has not been convicted of a felony; whether any of certain enumerated charges involving false statements or misrepresenting the person’s identity are pending; the person is not knowingly changing the name to that of another for the purposes of committing certain enumerated offenses or any offense involving false statements; the person acknowledges that the change of name will not release the person from any obligations incurred under their original name. The court must consider the above criteria in determining whether to enter judgment that the adopted name of the party be substituted for the
original name. The court may set aside a name change if the person is convicted of certain enumerated offenses.

Statute Affected:  12-601

CHAPTER 180  

HB 2292

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CHILD SUPPORT; COURT ORDERS

Rep. Herschberger

If a court order does not specify the date when current support begins, the support obligation begins on the first day of the month that follows the entry of the orders. In calculating child support arrearages not reduced to a final written money judgment, interest accrues at the annual rate of 10% beginning at the end of the month following the month in which the support payment is due. Past support that is reduced to final written money judgment accrues interest at the annual rate of 10% beginning on the entry of the judgment. Direct payments or equitable credits are applied to support arrearages as directed in the court order. Any written agreement between parties regarding support arrearages must be made only by written affidavit signed by both parties. An arrearage calculator may be developed by a government agency using an automated transfer of data from the child support registry.

Statutes Affected:  25-503; 25-510

CHAPTER 204  

HB 2094

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DEPENDENCY HEARINGS; PRIVATE SERVICE PROVIDER

Rep. Herschberger

In a juvenile action, if the court makes a finding that a parent or child has the right to receive services from an agency or private service provider (defined), after giving notice and an opportunity to be heard, the court may order the agency or private service provider to appear and discuss the child or parent’s service plan. If the child or parent is eligible to receive behavioral health services with Title XIX or XXI monies, the court may order only those services that an agency or service provider determines medically necessary. An agency or service provider may meet with the parent or child’s representative prior to the hearing to coordinate services.

Statute Affected:  8-248

CHAPTER 209  

HB 2488

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CHILD SUPPORT ENFORCEMENT; PERFORMANCE AUDIT

Rep. Burges

A presumptive father may petition the court to terminate a child support order and the court must order the petitioner, each child and the child’s mother to submit to genetic
testing. If the petitioner is not the child’s biological father, the determination of paternity must be vacated and the child support obligation terminated. The court may also terminate an order for child support if the paternity was established by fraud, duress or material mistake of fact. The order is prospective and does not alter the obligation to pay child support arrearages or any other amount previously ordered by the court, unless ordered otherwise. Obligations are in effect until the court rules in favor of the petitioner. The court may order, if in the child’s best interests, the biological father to pay restitution to a petitioner for any child support paid before the court ruled in favor of the petitioner. Eliminates the three year expiration date following emancipation of the last child for unpaid child support judgments that are not reduced to a written money judgment. If the attempt to collect the debt occurred more than ten years after the emancipation of the youngest child, the child support obligor may assert that there was an unreasonable delay in attempting to collect the debt. The obligor has the burden of proving an unreasonable delay and the court, should such a delay be found, may determine that some or all of the debt is no longer collectible after the date of the finding.
Any judgment for support is exempt from renewal and is
enforceable until paid in full.

Statutes Affected:  25-503; 25-809

CHAPTER 246  

SB 1087

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SPOUSAL MAINTENANCE; TAX REFUND; SETOFF

Sen. Brotherton, Sen. Johnson

The Clerk of the Court may assist a person with the collection of spousal maintenance including intercepting a taxpayer’s state income tax refund for collection purposes. In the statutes dealing with setoff of debts to state agencies ‘debt’ now includes monies owed by a taxpayer to the clerk
of the court.

Statutes Affected:  25-551; 42-1122

CHAPTER 247  

SB 1119

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CHILDREN; FOSTER CARE PLACEMENT

Sen. Garcia, et al

Enacts an order of placement preference for children placed in a foster home, as enumerated in statute. A child should also be placed in the least restrictive type of placement, consistent with the needs of the child. Identifies a separate priority for placement of Native American children. If a placement does not include the child being placed with a grandparent or other member of the child’s extended family including a person who has a significant relationship with the child, the social study report to the court must provide information as to whether it is in the best interest of the child to be placed with such person. If the court finds that placement with such person is not in the child’s best interests, the court will make specific written findings supporting its decision.
At the preliminary protective hearing, the court must review evidence that DES is attempting to identify and place the child with a grandparent or other member of the child’s extended family, including a person who has a significant relationship with the child. If a child is removed from the
home and is not placed with such a person within sixty days of the child being removed from the home, the court will make a determination as to why such placement is not in the child’s best interests. The petitioner has the burden of presenting evidence at the first court hearing after that
determination that such a placement is not in the child’s best interest.
At a disposition hearing, the court may enter orders awarding the child to a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child, unless the court has determined such placement is not in the child’s best interests.

Statutes Affected:  8-514; 8-536; 8-538; 8-824; 8-829; 8-845

CHAPTER 364  

SB 1267

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INTEGRATED FAMILY COURT; PILOT PROGRAMS

Sen. Johnson

Requires implementation of the two year Integrated Family Court pilot program that was recommended by the Domestic Relations Committee. The Supreme Court will implement
the program in one county with a population of 500,000 or less beginning on July 1, 2006 using an appropriation of $850,000 dollars from the State general fund.

Statutes Affected:  25-323.01; 25-323.02