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Text: SF02264                           Text: SF02266
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Senate File 2265

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PAG LIN
  1  1    Section 1.  Section 598.7A, Code Supplement 1995, is
  1  2 amended to read as follows:
  1  3    598.7A  DISSOLUTION OF MARRIAGE DOMESTIC RELATIONS
  1  4 PROCEEDING – MEDIATION.
  1  5    In addition to the custody mediation provided pursuant to
  1  6 section 598.41, unless the court determines that a history of
  1  7 domestic abuse exists as specified in section 598.41,
  1  8 subsection 3, paragraph "j", or unless the court determines
  1  9 that direct physical harm or significant emotional harm to the
  1 10 child, other children, or a parent is likely to result, or
  1 11 unless the action involves a child support or medical support
  1 12 obligation enforced by the child support recovery unit, on the
  1 13 application of either party, or on the court's own motion, the
  1 14 court may require shall determine in each domestic relations
  1 15 proceeding or modification of any order relating to those
  1 16 proceedings whether the parties to the proceeding shall
  1 17 participate in mediation to attempt to resolve differences
  1 18 between the parties relative to the granting of a marriage
  1 19 dissolution decree, if the court determines that mediation may
  1 20 effectuate a resolution of the differences without court
  1 21 intervention.  The court may order participation in mediation
  1 22 at any time prior to the entering of a final order or the
  1 23 granting of a final decree.
  1 24    The costs of mediation shall be paid in full or in part by
  1 25 the parties, as determined by the court and taxed as court
  1 26 costs.
  1 27    Sec. 2.  NEW SECTION.  598.19A  MANDATORY COURSE – PARTIES
  1 28 TO CERTAIN PROCEEDINGS.
  1 29    1.  The parties to any action which involves the issues of
  1 30 child custody or visitation shall participate in a court-
  1 31 approved course to educate and sensitize the parties to the
  1 32 needs of any child or party during and subsequent to the
  1 33 proceeding within forty-five days of the service of notice and
  1 34 petition for the action or within forty-five days of the
  1 35 service of notice and application for modification of an
  2  1 order.  Participation in the course may be waived or delayed
  2  2 by the court for good cause including, but not limited to, a
  2  3 default by any of the parties.  Participation in the course is
  2  4 not required if the proceeding involves termination of
  2  5 parental rights of any of the parties.  A final decree shall
  2  6 not be granted or a final order shall not be entered until the
  2  7 parties have complied with this section.
  2  8    2.  Each party shall be responsible for arranging for
  2  9 participation in the course and for payment of the costs of
  2 10 participation in the course.
  2 11    3.  Each party shall submit certification of completion of
  2 12 the course to the court prior to the granting of a final
  2 13 decree or the entry of an order.
  2 14    4.  Each judicial district shall certify approved courses
  2 15 for parties required to participate in a course under this
  2 16 section.  Approved courses may include those provided by a
  2 17 public or private entity.  At a minimum and as appropriate, an
  2 18 approved course shall include information relating to the
  2 19 parents regarding divorce and its impact on the children and
  2 20 family relationship, parenting skills for divorcing parents,
  2 21 children's needs and coping techniques, and the financial
  2 22 responsibilities of parents following divorce.
  2 23    5.  In addition to the provisions of this section relating
  2 24 to the required participation in a court-approved course by
  2 25 the parties to an action as described in subsection 1, the
  2 26 court may require age-appropriate counseling for children who
  2 27 are involved in a dissolution of marriage action.  The
  2 28 counseling may be provided by a public or private entity
  2 29 approved by the court.  The costs of the counseling shall be
  2 30 taxed as court costs.
  2 31    6.  The supreme court may prescribe rules to implement this
  2 32 section.
  2 33    Sec. 3.  EFFECTIVE DATE.  Section 2 of this Act takes
  2 34 effect January 1, 1997.  
  2 35 SF 2265
  3  1 pf/cc/26
     

Text: SF02264                           Text: SF02266
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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