25-403.04 Substance abuse
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Arizona Code › Title 25 › Chapter 4 › Article 1 › Section 403.04
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25-403.04. Substance abuse
A. If the court determines that a parent has abused drugs or alcohol or has been convicted of any drug offense under title 13, chapter 34 or any violation of section 28-1381, 28-1382 or 28-1383 within twelve months before the petition or the request for legal decision-making or parenting time is filed, there is a rebuttable presumption that sole or joint legal decision-making by that parent is not in the child's best interests. In making this determination the court shall state its:
1. Findings of fact that support its determination that the parent abused drugs or alcohol or was convicted of the offense.
2. Findings that the legal decision-making or parenting time arrangement ordered by the court appropriately protects the child.
B. To determine if the person has rebutted the presumption, at a minimum the court shall consider the following evidence:
1. The absence of any conviction of any other drug offense during the previous five years.
2. Results of random drug testing for a six month period that indicate that the person is not using drugs as proscribed by title 13, chapter 34.
3. Results of alcohol or drug screening provided by a facility approved by the department of health services.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.