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PAG LIN
1 1 Section 1. NEW SECTION. 598.19A MANDATORY COURSE FOR
1 2 PARTIES TO PROCEEDING – CHILD CUSTODY, VISITATION, PHYSICAL
1 3 CARE INVOLVED.
1 4 1. Each judicial district shall establish a mandatory
1 5 course for parties to a dissolution proceeding, a modification
1 6 proceeding, or a paternity proceeding in which child custody,
1 7 visitation, or physical care of a child is involved. The
1 8 course shall comply with the criteria established by the
1 9 supreme court pursuant to subsection 5, to educate and
1 10 sensitize the parties to the needs of the children involved
1 11 both during and subsequent to the completion of the
1 12 proceedings.
1 13 2. A decree dissolving a marriage, a modification order,
1 14 or an order relating to paternity, which involves the
1 15 determination of child custody, visitation, or physical care
1 16 of a child, shall not be granted until the parties to the
1 17 proceeding have completed the course, unless completion of the
1 18 course is waived by the court for good cause.
1 19 3. Each party shall be responsible for completing the
1 20 mandatory course and each party shall complete the course at
1 21 the party's own expense.
1 22 4. Each party shall be provided with a certificate
1 23 following completion of the course. The certificate is proof
1 24 of completion and shall be submitted by a party to the court
1 25 prior to the granting of the final decree or order.
1 26 5. The chief judge of each judicial district shall appoint
1 27 a district judge to form a committee which shall make
1 28 recommendations to the supreme court regarding the
1 29 establishment and administration of the mandatory course. The
1 30 supreme court shall prescribe rules based upon these
1 31 recommendations for implementation and administration of the
1 32 course. The rules prescribed shall include, but are not
1 33 limited to, all of the following:
1 34 a. The criteria for a course for parties to a dissolution
1 35 of marriage proceeding, a modification proceeding, or a
2 1 paternity proceeding if the proceeding involves a
2 2 determination of child custody, visitation, or physical care
2 3 of a child of the parties. At a minimum, the criteria shall
2 4 include the provision of information to the parties regarding
2 5 the effects and impact of the proceedings on children and the
2 6 family relationship, parenting skills, children's needs and
2 7 coping techniques, and the financial responsibilities of the
2 8 parties following the proceedings.
2 9 b. A requirement that each course include a component to
2 10 provide for evaluation of the course by participants in and
2 11 administrators of the course. Each judicial district shall
2 12 submit an annual report to the supreme court regarding
2 13 participation in and the effectiveness of the course.
2 14 c. A procedure for sanctions for noncompliance by the
2 15 parties with the mandatory course requirements.
2 16 6. A judicial district may administer the course through a
2 17 contract with a private or public entity. The services
2 18 provided under the contract shall meet all course criteria
2 19 specified pursuant to subsection 5.
2 20 Sec. 2. NEW SECTION. 600B.23A MANDATORY COURSE –
2 21 COMPLETION PRIOR TO JUDGMENT ESTABLISHING OR ORDER TO OVERCOME
2 22 PATERNITY.
2 23 Prior to the entry of a judgment to establish paternity or
2 24 prior to the entry of an order to overcome paternity, the
2 25 parties to the proceeding shall participate in the mandatory
2 26 course established pursuant to section 598.19A. A judgment or
2 27 order shall not be entered until the parties submit proof of
2 28 completion of the course to the court as required pursuant to
2 29 section 598.19A.
2 30 EXPLANATION
2 31 This bill directs the chief judge of each judicial district
2 32 to appoint a district judge to form a committee to make
2 33 recommendations to the supreme court to establish a mandatory
2 34 course for parties involved in proceedings in which a
2 35 determination of child custody, visitation, or physical care
3 1 of a child of the parties is involved. The supreme court is
3 2 directed to prescribe rules based upon the recommendations for
3 3 the implementation and administration of the course. The bill
3 4 specifies the minimum components to be established by rule.
3 5 The bill requires that each judicial district establish the
3 6 mandatory course which complies with the rules prescribed by
3 7 the supreme court and which may be provided by contractual
3 8 agreement. The bill provides that a decree dissolving a
3 9 marriage or an order modifying a previously entered order or
3 10 an order relating to paternity, which involves child custody,
3 11 visitation, or physical care of a child, shall not be granted
3 12 until the parties have completed the mandatory course, unless
3 13 participation is waived by the court for good cause. The bill
3 14 requires that each party is responsible for completion of the
3 15 course and that each party is to complete the course at the
3 16 party's own expense. Each party is to be provided with a
3 17 certificate upon completion of the course and the certificate
3 18 is to be submitted to the court as proof of completion of the
3 19 course.
3 20 LSB 4331SC 76
3 21 pf/jw/5
Text: SSB02254 Text: SSB02256 Text: SSB02200 - SSB02299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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