Senate File 429 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1282) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to conciliation proceedings in a dissolution of 2 marriage case and domestic abuse. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2651SV 82 5 rh/es/88 PAG LIN 1 1 Section 1. Section 598.16, Code 2007, is amended to read 1 2 as follows: 1 3 598.16 CONCILIATION == DOMESTIC RELATIONS DIVISIONS. 1 4 1. A majority of the judges in any judicial district, with 1 5 the cooperation of any county board of supervisors in the 1 6 district, may establish a domestic relations division of the 1 7 district court of the county where the board is located. The 1 8 division shall offer counseling and related services to 1 9 persons before the court. 1 10 2.UponExcept as provided in subsection 7, upon the 1 11 application of the petitioner in the petition or by the 1 12 respondent in the responsive pleading thereto or, within 1 13 twenty days of appointment, of an attorney appointed under 1 14 section 598.12, the court shall require the parties to 1 15 participate in conciliation efforts for a period of sixty days 1 16 from the issuance of an order setting forth the conciliation 1 17 procedure and the conciliator. 1 18 3. At any time upon its own motion or upon the application 1 19 of a party the court may require the parties to participate in 1 20 conciliation efforts for sixty days or less following the 1 21 issuance of such an order. 1 22 4. Every order for conciliation shall require the 1 23 conciliator to file a written report by a date certain which 1 24 shall state the conciliation procedures undertaken and such 1 25 other matters as may have been required by the court. The 1 26 report shall be a part of the record unless otherwise ordered 1 27 by the court. Such conciliation procedure may include, but is 1 28 not limited to, referrals to the domestic relations division 1 29 of the court, if established, public or private marriage 1 30 counselors, family service agencies, community health centers, 1 31 physicians and clergy. 1 32 5. The costs of conciliation procedures shall be paid in 1 33 full or in part by the parties and taxed as court costs; 1 34 however, if the court determines that the parties will be 1 35 unable to pay the costs without prejudicing their financial 2 1 ability to provide themselves and any minor children with 2 2 economic necessities, the costs may be paid in full or in part 2 3 by the county. 2 4 6. Persons providing counseling and other services 2 5 pursuant to this section are not court employees, but are 2 6 subject to court supervision. 2 7 7. Upon application, the court shall grant a waiver from 2 8 the requirements of this section if a party demonstrates that 2 9 a history of domestic abuse, as defined in section 236.2, 2 10 exists. In determining whether a history of domestic abuse 2 11 exists, the court's consideration shall include, but is not 2 12 limited to, commencement of an action pursuant to section 2 13 236.3, the issuance of a protective order against a party or 2 14 the issuance of a court order or consent agreement pursuant to 2 15 section 236.5, the issuance of an emergency order pursuant to 2 16 section 236.6, the holding of a party in contempt pursuant to 2 17 section 664A.7, the response of a peace officer to the scene 2 18 of alleged domestic abuse or the arrest of a party following 2 19 response to a report of alleged domestic abuse, or a 2 20 conviction for domestic abuse assault pursuant to section 2 21 708.2A. 2 22 EXPLANATION 2 23 This bill relates to conciliation proceedings in a 2 24 dissolution of marriage case and domestic abuse. 2 25 Current law provides that a judge may require parties 2 26 involved in a dissolution of marriage proceeding under Code 2 27 chapter 598 to participate in conciliation efforts for a 2 28 60=day period. The bill allows a court in such a case to 2 29 grant a waiver to a party who demonstrates that a history of 2 30 domestic abuse, as defined in Code section 236.2, exists. In 2 31 determining whether a history of domestic abuse exists, the 2 32 court's consideration shall include but is not limited to 2 33 commencement of an action pursuant to Code section 236.3, the 2 34 issuance of a protective order against a party or the issuance 2 35 of a court order or consent agreement pursuant to Code section 3 1 236.5, the issuance of an emergency order pursuant to Code 3 2 section 236.6, the holding of a party in contempt pursuant to 3 3 Code section 664A.7, the response of a peace officer to the 3 4 scene of alleged domestic abuse or the arrest of a party 3 5 following response to a report of alleged domestic abuse, or a 3 6 conviction for domestic abuse assault pursuant to Code section 3 7 708.2A. This provision is consistent with language in Code 3 8 section 598.41, allowing a court to consider whether a history 3 9 of domestic abuse exists in determining a custody arrangement 3 10 for a minor child whose parents have separated or divorced. 3 11 LSB 2651SV 82 3 12 rh:rj/es/88