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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 the issue of
1 7 child custody, visitation, or physical care 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.
1 24 5. The chief judge of each judicial district shall appoint
1 25 a district judge to form a committee which shall make
1 26 recommendations to the supreme court regarding the
1 27 establishment and administration of the mandatory course. The
1 28 supreme court shall prescribe rules based upon these
1 29 recommendations for implementation and administration of the
1 30 course. The rules prescribed shall include, but are not
1 31 limited to, all of the following:
1 32 a. The criteria for a course for parties to a dissolution
1 33 of marriage proceeding, a modification proceeding, or a
1 34 paternity proceeding if the proceeding involves a
1 35 determination of child custody, visitation, or physical care
2 1 of a child of the parties. At a minimum, the criteria shall
2 2 include the provision of information to the parties regarding
2 3 the effects and impact of the proceedings on children and the
2 4 family relationship, parenting skills, children's needs and
2 5 coping techniques, and the financial responsibilities of the
2 6 parties following the proceedings.
2 7 b. The form of proof of completion of the course required
2 8 to be provided to the court prior to the granting of the final
2 9 decree or order.
2 10 6. A judicial district may administer the course through a
2 11 contract with a private or public entity. The services
2 12 provided under the contract shall meet all course criteria
2 13 specified pursuant to subsection 5.
2 14 Sec. 2. NEW SECTION. 600B.23A MANDATORY COURSE –
2 15 COMPLETION PRIOR TO JUDGMENT ESTABLISHING OR ORDER TO OVERCOME
2 16 PATERNITY.
2 17 Prior to the entry of a judgment to establish paternity or
2 18 prior to the entry of an order to overcome paternity, the
2 19 parties to the proceeding shall participate in the mandatory
2 20 course established pursuant to section 598.19A. A judgment or
2 21 order shall not be entered until the parties provide proof of
2 22 completion of the course to the court as required pursuant to
2 23 section 598.19A.
2 24 EXPLANATION
2 25 This bill directs the chief judge of each judicial district
2 26 to appoint a district judge to form a committee to make
2 27 recommendations to the supreme court to establish a mandatory
2 28 course for parties involved in proceedings in which a
2 29 determination of child custody, visitation, or physical care
2 30 of a child of the parties is involved. The supreme court is
2 31 directed to prescribe rules based upon the recommendations for
2 32 the implementation and administration of the course. The bill
2 33 specifies the minimum components to be established by rule.
2 34 The bill requires that each judicial district establish the
2 35 mandatory course which complies with the rules prescribed by
3 1 the supreme court and which may be provided by contractual
3 2 agreement. The bill provides that a decree dissolving a
3 3 marriage or an order modifying a previously entered order or
3 4 an order relating to paternity, which involves child custody,
3 5 visitation, or physical care of a child, shall not be granted
3 6 until the parties have completed the mandatory course, unless
3 7 participation is waived by the court for good cause. The bill
3 8 requires that each party is responsible for completion of the
3 9 course and that each party is to complete the course at the
3 10 party's own expense. Each party is to be provided with a
3 11 certificate upon completion of the course.
3 12 LSB 3680XL 76
3 13 pf/jw/5.2
Text: SSB02300 Text: SSB02302 Text: SSB02300 - SSB02399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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