HF 1135

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2011 11:23am

A bill for an act
relating to marriage; requiring participation in a marriage dissolution education
program in marriage dissolution or legal separation proceedings involving minor
children; proposing coding for new law in Minnesota Statutes, chapter 518;
repealing Minnesota Statutes 2010, sections 13.465, subdivision 9; 518.091,
subdivision 2; 518.157.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [518.159] MARRIAGE DISSOLUTION AND LEGAL SEPARATION
EDUCATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to marriage dissolution and legal
separation proceedings involving minor children.
new text end

new text begin Subd. 2. new text end

new text begin Participation requirements. new text end

new text begin (a) Service of a petition, counterpetition, or
answer in a marital dissolution or legal separation proceeding is not complete unless the
pleading is accompanied by an affidavit verifying that the serving party has completed a
marriage dissolution education program under this section. A court administrator must not
accept for filing a petition, joint petition or counterpetition, answer, marital termination
agreement, or stipulated judgment and decree unless it is accompanied by an affidavit
verifying 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.
new text end

new text begin (b) The affidavit verifying completion of the marriage dissolution education program
must be in the following form:
new text end

new text begin "This certifies that .............. (party's name) has successfully completed the course
.............. (course name), which qualifies as a marriage dissolution education program in
accordance with Minnesota Statutes, section 518.159."
new text end

new text begin (c) The requirements of paragraph (a) are satisfied if a party includes an
accompanying affidavit verifying that it is not reasonably possible for the party to
complete the program and that states the reason in the following form:
new text end

new text begin "I attest that it is not reasonably possible for me to complete the parent marriage
dissolution education program for the following reason (check box that applies):
new text end

new text begin ( ) I cannot speak or read the languages in which qualifying programs are offered;
new text end

new text begin ( ) I do not have access to a course in my geographical region or to a personal or
library computer connected to the Internet; or
new text end

new text begin ( ) I am experiencing an emergency that requires me to file before I complete the
program. The emergency is: ..............................................................................."
new text end

new text begin Subd. 3. new text end

new text begin Program requirements. new text end

new text begin (a) An education program under this section may
be conducted in person or online if the program meets the criteria in this subdivision.
new text end

new text begin (b) A program must meet acceptable standards of scientific evidence for
effectiveness in reducing parental conflict and improving children's adjustment in marriage
dissolution situations. These standards may be met either by a listing on the National
Registry of Evidence-Based Programs and Practices or approval by the Minnesota couples
on the brink project created under section 137.32. Approved programs must submit a new
or past empirical study, using an experimental or quasi-experimental research design,
demonstrating reduced parental conflict and improved adjustment of children. A parent
education program already implemented by the district courts in Minnesota as of January
1, 2011, is an eligible program under this subdivision until September 1, 2013, if the
program includes the information required under paragraph (c). On and after September 1,
2013, those programs must also meet the scientific criteria specified in this paragraph.
new text end

new text begin (c) The program must provide information on:
new text end

new text begin (1) constructive parenting in the dissolution process, including risk factors for
families, how marriage dissolution affects children of different ages, and skills parents can
learn to diminish conflict and increase cooperation. This component of the program must
be aimed at increasing the parents' sensitivity to children's needs and at giving them skills
to improve their own and the children's adjustment to the breakup of the family;
new text end

new text begin (2) the legal process of marriage dissolution, including an overview of the
adversarial litigation process; the nature and availability of alternative processes such as
mediation, collaborative and cooperative law, and restorative circles; and the advantages
and disadvantages of alternative processes, including available research on the satisfaction
levels, reduced conflict, and better parenting cooperation by parties who avoid adversarial
proceedings; and
new text end

new text begin (3) the option of reconciliation, including research on the interest in reconciliation
among couples considering marriage dissolution, the potential benefits of avoiding
marriage dissolution, resources to assist with reconciliation for interested couples, and
information on the circumstances in which the risk of domestic violence should exclude
consideration of reconciliation.
new text end

new text begin (d) The couples on the brink project must disseminate to court administrators a list
of programs that meet the requirements of the subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Postfiling and postdecree parent education. new text end

new text begin (a) A judge or referee
presiding over a marriage dissolution or postdecree proceeding involving minor children
may order the parties to attend a parent education program currently certified by the
Minnesota couples on the brink project as effectively addressing high-conflict marriage
dissolutions, children of parents who are parties to a marriage dissolution, conflict that
continues after the judgment and decree has been issued, parenting plan formation,
blended and extended families, and other specific circumstances where education would
reduce the risk to children from marriage dissolution and postdecree proceedings. Judges
and referees may also order parent education in cases involving unmarried parents. The
court must not require the parties to attend the same in-person parent education sessions.
new text end

new text begin (b) The couples on the brink project must disseminate to judges and referees a list of
the certified programs and a description of the programs.
new text end

new text begin Subd. 5. new text end

new text begin Costs. new text end

new text begin Costs for taking a program under this section must be paid by each
individual taking the program. Individuals making less than 200 percent of the federal
poverty guidelines, or who are entitled to proceed in forma pauperis under section 563.01,
are entitled to a waiver of the fee for the program. The education program is responsible
for determining if an individual is entitled to a fee waiver.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012, and applies to
proceedings in which the initial petition is served on or after that date.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 13.465, subdivision 9; 518.091, subdivision 2;
and 518.157, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end