|
H.B.
No. 0196 |
Divorce
actions-parenting classes. |
Sponsored
By: Representative(s) Iekel, Alden, Berger, Gay
and Warren and Senator(s) Burns and Massie
AN
ACT relating to child custody and visitation resulting from divorce
proceedings; modifying and expanding parent education participation; imposing
conditions and requirements; providing for exemptions; and providing for an
effective date.
1/12/2005 Bill Number Assigned
1/13/2005 H Received for Introduction
1/14/2005 H Introduced and Referred to H01
1/26/2005 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Buchanan,
Landon, Lubnau, Olsen, Robinson and White
Nays:
Representative(s) Watt
Ayes 8 Nays 1 Excused
0 Absent 0 Conflicts 0
1/26/2005 H Placed on General File
HB0196HS001/ADOPTED (CORRECTED COPY)
Page 1-line 2 After
"divorce" insert "or custody modification".
Page 1-line 9 Delete
"a".
Page 1-line 10 Delete
"subsection" insert "subsections"; delete "is"
insert "and (h) and 20-2-204 by creating a new subsection (d) are".
Page 2-lines 8 and 9 Delete entirely.
Page 2-line 10 Delete the line
through ".".
Page 2-line 16 Delete the line after
"Be".
Page 2-line 17 Delete entirely.
Page 2-line 18 Delete the line
through ", and".
Page 2-line 19 After "entity" insert "and be presented by at least one (1) presenter who possesses
a graduate degree from an accredited college or university in child
development, family life education, marriage and family therapy, social work,
counseling psychology or a closely related field, or by a presenter with a
bachelor's degree with at least five (5) years training in family systems and
the developmental stages of children.
Any institution or entity providing a parent education program under
this subsection shall demonstrate proof of continuing professional liability
insurance and shall maintain records for all participants of a program for a
minimum of five (5) years".
Page 4-line 2 Delete "." insert ";".
Page 4-After line 2 Insert:
"(K) Resources
available in the community to obtain additional services;
(M) Basic
information regarding domestic relations court procedures, however the course
shall not provide legal advice or counsel.".
Page 4-After line 5 Insert:
"(v) Provide
a certificate of completion to the participant that includes at a minimum the
date of attendance, participant's name and the name, address and phone number
of the provider;
(vi) Be
responsible for collection of fees from any person ordered to participate
except that no person may be excluded from the program for inability to pay the
fee. The service provider shall provide
a fee schedule with provisions allowing all persons who are indigent or unable
to pay to participate in the program;
(vii) Ensure
the safety and confidentiality of all participants and presenters of the
program and not require both parties to attend the program at the same time;".
Page 4-After line 16 Insert:
"(g) The
court may waive the attendance requirement under subsection (f) of this section
on its own motion or on the motion of one (1) of the parties if the court
determines that course attendance and completion are not:
(i) Necessary;
(ii) Appropriate;
(iii) Feasible;
or
(iv) In the
best interests of the parties and the children.".
Page 4-lines 18
through 24 Delete entirely.
Page 5-lines 2 through
7 Delete entirely.
Page 5-After line 7 Insert:
"(h) All
reports, findings, proceedings and data of a parent education program are
confidential and privileged and are not subject to introduction into evidence
in any civil action as to any statements made during the educational course or
as to any findings, recommendations, evaluations, opinions or other actions of
the parent education program. However,
information, documents or other records otherwise available from the original sources
shall not be construed as immune from discovery or use in a civil action merely
because they were disclosed during a parent education program. No person who attends a parent education
program shall be prevented from testifying to matters otherwise within his
knowledge.
20-2-204. Enforcement and
modification.
(d) A court
having jurisdiction under W.S. 20-2-203 may require either or both of the
parties to attend a parent education program as provided in W.S. 20-1-201.".
Renumber as
necessary. LANDON, CHAIRMAN
2/3/2005 H Passed CoW
HB0196H2001/ADOPTED
Page 4-After line 5 In the standing
committee amendment (HB0196HS001/A) to this line, in paragraph (vii); after "time"
delete ";" insert ".".
Page 4-lines 7 through
16 Delete entirely. IEKEL
2/4/2005 H Passed 2nd Reading
2/7/2005 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Berger,
Brechtel, Brown, Buchanan, Davison, Gay, Gilmore, Gingery, Goggles, Hammons,
Harshman, Hastert, Iekel, Jackson, Landon, Latta, Lubnau, Martin, McOmie,
Meuli, Olsen, Osborn, Petersen, Powers, Slater, Thompson, Warren, Watt, White
and Zwonitzer.
Nays: Representative(s) Anderson, R., Barnard,
Bucholz, Childers, Cohee, Diercks, Edwards, Esquibel, Hageman, Harvey,
Hinckley, Illoway, Jones, Lockhart, Luthi, Miller, Morgan, Pedersen, Philp,
Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Walsh and Wasserburger.
Excused:
Representative(s) Jorgensen
Ayes 32 Nays 27 Excused
1 Absent 0 Conflicts 0
2/8/2005 S Received for Introduction
2/8/2005 S Introduced and Referred to S01
3/3/2005 Died In Committee