HB 2968 Arizona House · 57th Legislature - Second Regular Session

family court; admissibility; evidence

HB 2968 changes how family courts handle evidence in cases involving child custody or parenting time. It requires courts to admit relevant evidence about a child’s safety, well-being, trauma, or expressed wishes, as well as evidence about parent behavior, regardless of its format or whether it fits traditional "hearsay" rules. The bill mandates that criminal records of parents must be admitted in these cases and requires courts to make written findings on evidence relevance and credibility, with failure to do so being grounds for appeal. It also ensures both parents can submit evidence equally, and courts cannot allow one parent to present evidence more freely than the other without immediate appeal rights. This directly affects family courts, parents in custody disputes, and children’s safety considerations in legal decisions.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
House Passage
Mar 2026
Senate Passage
Governor
Introduced Feb 4, 2026 Last action Mar 23, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version House Engrossed Version (03/10/2026) · 6 edits · Mar 10, 2026
MODERATE
The bill was expanded from a single section on family court evidence to a multi-section act covering child welfare, dependency, and termination of parental rights. It now mandates the admission of a parent's criminal history in these specific cases and adds detailed definitions for what constitutes relevant evidence, including trauma indicators and protective concerns.
Scope change
The scope was significantly broadened to include child welfare, dependency, termination of parent-child relationships, and permanent guardianship matters, in addition to legal decision-making and parenting time.
SCOPE

Added applicability to child welfare, dependency, termination of parent-child relationships, and permanent guardianship proceedings.

DEFINITION

Defined 'criminal history' to explicitly include arrest records, charging records, convictions, sentencing, probation information, and other investigation records.

Added specific definitions for 'good faith' and 'relevant evidence' to guide court decisions on admissibility.

REQUIREMENT

Established a presumption that a parent's criminal history is relevant to child safety and parental fitness.

Expanded court duties to include evaluating the reliability, source, and weight of admitted evidence.

Added a specific list of unforeseen events (illness, emergency, technical failures) that constitute 'good cause' for delaying evidence hearings.

Floor votes · House Mar 10, 2026

How they voted

3619
Passed · 5 other
Total votes 60
Mar 10, 2026
D Democratic27
5 Yea 18 Nay 4
66% Nay
R Republican33
31 Yea 1 Nay 1
93% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
10
Key actions
4
Committee
1
Amendments
2
Mar 23, 2026
Upper · Passed
DP
upper
Mar 10, 2026
Lower · Passed
PASSED
lower
Mar 5, 2026
Lower · Passed
DPA
lower
Feb 18, 2026
Lower · Passed
DPA
lower
1 primary · 2 co-sponsors

Sponsors