PURPOSE
To provide parties involved in domestic relations litigation with information about the
impact of the litigation and restructuring of the family relationships on the minor
children involved.
PROVISIONS
- Requires the Presiding Judge of the Superior
Court in each county, on or before January 1, 1997, to adopt and implement a domestic
relations education program on children's issues.
- Directs the Supreme Court to adopt minimum
standards for educational programs.
- Requires the Presiding Judge to submit a
program plan to the Supreme Court for approval. The plan shall be consistent with the
Supreme Court's minimum standards including the length and nature of the program,
qualifications of program providers and the evaluation and maintenance of the program.
- Specifies that the Presiding Judge, or a
judge designated by the Presiding Judge, shall administer the program in each county and
may contract with private entities or political subdivisions for program services.
- Requires the court to order either or both
parties to attend the program in any actions for legal separation or dissolution of
marriage involving a minor child or in any paternity or maternity proceeding where a party
has requested custody or parenting time rights.
- Gives the court the authority to order
program attendance in actions or proceedings involving child support or any proceeding for
modification or enforcement of parenting time or custody.
- Stipulates that the court shall not grant
relief in favor of a party who fails to complete the educational program ordered by the
court.
- Provides exceptions to the required
attendance under the following conditions:
-if the court determines participation is not in the best interests of the parties or the
child
-if a party is enrolled or plans to enroll in a comparable program
-if the court determines a party has previously completed the program or a comparable
program
- Specifies that the court may enter
appropriate orders and make reasonable efforts to protect the safety of the participants
in cases with a history of domestic violence.
- Requires the parties to attend the program
within the time period specified by the judge unless the judge extends the deadline.
- Specifies that the court may require a party
to attend a program more than once.
- Stipulates that each person who attends the
Parent Education Program may be required to pay a fee not to exceed $30 in order to cover
the costs of the program. Indigents are exempted from the fee.
- Establishes a Children's Issues Education
Fund in each county and specifies that fees collected by the Superior Court be deposited
in the fund.
- Requires the Presiding Judge of the Superior
Court to administer the fund.
- Specifies that Fund monies shall supplement,
not supplant, state or county appropriations not otherwise available.
- Requires the Clerk of the Court to transfer
fee monies to the county treasurer on a monthly basis.
- Directs that monies are to be disbursed by
the county treasurer only upon the direction of the Presiding Judge.
- Stipulates that the county treasurer invest
monies in the fund upon the notice of the Presiding Judge.
- Requires the county treasurer, on or before
August 10 of each year, to provide the Presiding Judge with a report showing how much
money is in the fund.
- Exempts the Children's Issues Education Fund
from the lapsing appropriation statutes and from contribution to the Elected Official's
Retirement Fund and Law Library Fund. Effective July 20, 1996
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