Alabama House Bill 374 146840-4 By Representative Bill Poole Referred to House Judiciary Committee First Read: 30-JAN-14

Third reading on Day 14 favorable from Judiciary with 1 amendment, attached

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146840-4:n:01/27/2014:JET/tan LRS2012-6004R3

SYNOPSIS:

Under existing law, there is no requirement for married couples with minor children to complete a marriage dissolution education program prior to filing a pleading in a divorce action. This bill would require married couples with minor children to complete a marriage dissolution education program prior to serving a petition, counterpetition, or answer in a divorce or separation action. This bill would establish the program requirements and who is responsible for costs associated with attending the program.

A BILL TO BE ENTITLED AN ACT

To require married couples with minor children to complete a marriage dissolution education program prior to filing a pleading in a divorce action; to establish marital

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dissolution education program requirements; and to provide for payment of costs. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. (a) This section only applies to divorce and separation proceedings of couples with minor children. For the purposes of this section, "minor children" shall mean biological or adoptive children 16 years of age and under. (b)(1) The circuit court clerk shall not accept a petition, joint petition, marital termination agreement, or stipulated judgment and decree unless it is accompanied by a certificate satisfying the requirements in subsection (c) stating that the filing party has, or in the case of a joint petition, marital termination agreement, or stipulated judgment and decree, both parties have, completed a four-hour marriage dissolution education program as provided in this section within 120 days prior to filing. (2) The respondent shall certify completion of the marriage dissolution education program within 120 days from the date of service of the petition. The judge, at his or her discretion, may waive the requirement of completing the education program. (c) The party shall submit a certificate provided by the marriage dissolution education program verifying completion of the program. The certificate shall be titled "Certificate of Completion of Education Requirement," or be similarly titled, and contain the following or substantially similar language:

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"This certifies that _________________ (party's name) has successfully completed the course _____________ (course name), which qualifies as a marriage dissolution education program in accordance with, Section ____, Code of Alabama 1975." (d) The requirements of subsection (b) may be waived, at the sole discretion of the judge, if a party includes an accompanying certificate verifying that it is not reasonably possible for the party to complete the program. The certificate shall be titled "Certificate of Impossibility of Education Requirement" and consist of the following language: "I certify that it is not reasonably possible for me to complete the parent marriage dissolution education program for the following reason (check box that applies): "( ) I cannot speak or read the languages in which qualifying programs are offered. "( ) I do not have access to a course in my geographical region or to a personal or library computer connected to the Internet. "( ) My spouse's behavior towards me or the children makes it dangerous for me to co-parent at this time. "( ) I am experiencing an emergency that requires me to file before I complete the program. The emergency is: ________________________________________ "( ) Other (explain)_____________________________________. "Print Name _______________________

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"Signature _________________________ Date _______" (e)(1) A marriage dissolution program may be face-to-face or online, provided that the program meets the criteria provided in this subsection. The court shall not require the parties to attend the same education session. (2) A marriage dissolution education program shall be supervised or designed by professional family life educators or licensed mental health professionals to provide research-informed content described in subdivision (3), consistent with evidence-based programs that have met acceptable standards of scientific evidence for effectiveness in reducing co-parental conflict and improving the adjustment of children in divorce situations. Programs may be required by the referring judge to provide evidence of alignment of program content with the evidence-based programs outlined in subdivision (3). Each local jurisdiction shall establish and maintain a list of approved marriage dissolution education program classes which meet the requirements provided in this section. Programs providing parent education services in this state as of January 1, 2014, are eligible to continue providing such services for two years after the effective date of this act, providing the programs satisfy or are working to satisfy the criteria of this subsection by December 31, 2015. (3) The program shall provide all of the following: a. Information on constructive parenting during the dissolution process, including, but not limited to, risk factors for families, how marriage dissolution affects

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children of different ages, and skills parents can learn to increase cooperation and diminish conflict after the dissolution is concluded, particularly conflict that involves children in loyalty binds. This component of the program must be aimed at increasing the parents' sensitivity to children's needs and at giving parents skills to improve their own and their children's adjustment to the breakup of the family. There must be information to help parents assess whether they are involved in domestic violence, information on local domestic violence resources, and information on situations when cooperation in co-parenting may not be possible because of safety risks. The requirements in this paragraph shall be the primary emphasis of the course and shall constitute at least 75 percent of the program time. b. Information on the legal process constituting at least five percent of the program time, including, but not limited to, all of the following: 1. An overview of the adversarial litigation process. 2. The nature and availability of alternative processes such as mediation. 3. The advantages and disadvantages of alternative processes, including research on the satisfaction levels, reduced conflict, and better parenting cooperation by parties who avoid adversarial proceedings.

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c. Information on the option of reconciliation constituting at least five percent of the program time including, but not limited to, all of the following: 1. Research on reconciliation interests among couples considering marriage dissolution. 2. The potential benefits of avoiding marriage dissolution. 3. Resources to assist with reconciliation for interested couples. 4. Information on when the risk of domestic violence should exclude present consideration of reconciliation. (f) Costs associated with participating in an approved program under this section shall be paid by each individual participating in the program. Individuals making less than 200 percent of the federal poverty guidelines, or who are entitled to proceed in forma pauperis under state law, shall receive a waiver of the fee for the program. Each approved program shall collect the fees associated with the course and determine the eligibility of participants requesting fee waivers. The education program is responsible for determining if an individual shall receive a fee waiver. The cost of an approved four-hour parent education program mandated by this section shall not exceed seventy-five dollars ($75). (g) This section shall only apply to proceedings in which the initial pleading is filed on or after the effective date of this act.

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Section 2. This act shall become effective on January 1, 2015.

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158324-3 : n : 02/12/2014 : Judiciary / ajh

HOUSE JUDICIARY COMMITTEE AMENDMENT TO HB374

On page 2, delete line 7 in its entirety and insert in lieu thereof the following: biological children born of the marriage who are 16 years of age and under, or adoptive children adopted during the marriage who are 16 years of age and under.

On page 2, line 9, delete "or"

On page 2, line 10, delete "decree" and insert in lieu thereof the following: decree, or the corresponding filing fees

On page 2, line 10, after "accompanied" insert the following: either

On page 2, line 16, after "filing" insert the following:

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, or by a Certificate of Impossibility of Education Requirement as provided in subsection (d)

On page 2, line 19, after "petition" insert the

by filing a certificate satisfying the requirements in subsection (c)

On page 3, line 4, delete the comma following "with"

On page 3, line 6, after "(d)" insert the following: (1)

On page 4, after line 1, insert the following subdivision (2): (2) If the judge denies a waiver under subdivision (1), the party shall complete a marriage dissolution education program and certify completion of the program by filing a certificate satisfying the requirements of subsection (c) within 45 days of entry of the order denying the waiver.

On page 4, line 7, after "by" insert the following: a

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On page 4, line 8, delete "educators or licensed mental health professionals" and insert in lieu thereof the following: educator

On page 4, line 16, delete "Each local jurisdiction" and insert in lieu thereof the following: The presiding judge of each judicial circuit

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