SF 596

as introduced - 89th Legislature (2015 - 2016) Posted on 02/06/2015 08:41am

A bill for an act
relating to civil law; providing education requirements for marriage dissolution
and legal separation proceeding; proposing coding for new law in Minnesota
Statutes, chapter 518; repealing Minnesota Statutes 2014, section 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) Parents shall attend a four-hour marriage
dissolution education program. Unless otherwise ordered by the court, participation in the
program must be completed prior to the first court appearance or hearing, or within 60
days of the first filing with the court, whichever is sooner. At the first court appearance
or hearing, the court must verify course completion. If a party has not yet completed the
course, the court must order a timetable for completion, or may exempt a party from
completing the course requirement upon a showing of good cause. Good cause shall
include an inability to speak the language used in the program, a judgment that taking
the course is not in a child's best interests or would compromise the safety of one of
the parties, or that the party cannot afford the course fee. If a case is settled without a
court hearing, each party must submit a certificate of completion along with the marital
termination agreement or stipulated judgment and decree, unless the court has exempted
a party from completing the course for good cause. Judges and referees may also order
parent education in postdecree cases and cases involving unmarried parents.
new text end

new text begin (b) The court administrator must not accept for filing a marital termination
agreement or a stipulated judgment and decree unless it is accompanied by a certificate of
course completion or a waiver signed by a judicial officer.
new text end

new text begin (c) The party must submit a certificate provided by the marriage dissolution
education program verifying completion of the program. The certificate must be titled
"Certificate of Completion of Education Requirement" and contain the following language:
"This certifies that (party's name) has successfully completed the course (course name),
sponsored by (name of organization providing the course), which qualifies as a marriage
dissolution education program in accordance with Minnesota Statutes, section 518.159."
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. The Minnesota couples on the brink
project shall convene and consult with a panel of University of Minnesota experts on
the evaluation of parent education programs. 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. In using
a quasi-experimental research design, a program may submit a study demonstrating
outcomes that surpass those of control groups in published experimental studies. A parent
education program already implemented by the district courts in Minnesota as of January
1, 2014, is an eligible program under this subdivision until September 1, 2017, if the
program includes the information required under paragraph (c). On or after September 1,
2017, 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) assessing if a party to the proceedings is perpetrating domestic violence against
a victim who is a party to the proceedings and when cooperation in co-parenting may
not be desirable because of safety risks, and providing information on local domestic
violence resources;
new text end

new text begin (2) 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 increase cooperation and minimize conflict, particularly conflict arising when
parents place children in the middle, creating conflicting loyalty. This component of the
program must be aimed at increasing the parents' sensitivity to children's needs and at
giving them skills to improve the parents' and the children's adjustment to the dissolution
of the marriage. The primary emphasis of the program must be on constructive parenting
information; and
new text end

new text begin (3) an overview of the legal process of marital dissolution and the advantages
and disadvantages of litigation and alternative processes, including but not limited to
mediation, collaborative and cooperative law, and restorative circles.
new text end

new text begin (d) A program that is conducted in person must not require the parties to attend the
same parent education sessions.
new text end

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

new text begin (f) By January 31 of each year, the Minnesota Supreme Court administrator shall
submit to the chairs and ranking minority members of the legislative committees with
jurisdiction over civil law a public report containing the following information for
each judicial district of the state: the number of marriage dissolutions, the number of
dissolutions involving minor children, the number of parties who filed certificates of
completion, and the number of parties who received waivers in the preceding calendar year.
new text end

new text begin Subd. 4. new text end

new text begin Confidentiality. new text end

new text begin Unless all parties agree in writing, statements made by
a party during participation in a parent education program are inadmissible as evidence
for any purpose, including impeachment. No record may be made regarding a party's
participation in a parent education program, except a record of completion of the program
as required under this section. Instructors shall not disclose information regarding
an individual participant obtained as a result of participation in a parent education
program. Parent education instructors may not be subpoenaed or called as witnesses in
court proceedings.
new text end

new text begin Subd. 5. new text end

new text begin Costs and program providers. new text end

new text begin (a) Each education program must enable
persons to have timely and reasonable access to education sessions. A party who qualifies
for a waiver of filing fees under section 563.01 is exempt from paying the parent education
program fee. Program providers shall implement a sliding fee scale.
new text end

new text begin (b) An education program not listed on the National Registry of Evidence-Based
Programs and Practices and which was denied approval by the Minnesota couples on the
brink project may seek judicial review from the Court of Appeals pursuant to Minnesota
Statutes, sections 14.63 to 14.68.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016, and applies to
proceedings in which the initial pleading is served or, in the case of a joint petition, signed
by both parties on or after that date.
new text end

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

new text begin Minnesota Statutes 2014, section 518.157, new text end new text begin is repealed.
new text end