1.1.................... moves to amend H.F. No. 1135 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 518.091, subdivision 2, is amended to
1.4read:
1.5 Subd. 2.
Parent education program requirements. Every summons involving
1.6custody or parenting time of a minor child
in a marriage dissolution or legal separation
1.7proceeding must include the notice in this subdivision.
1.8NOTICE OF PARENT EDUCATION PROGRAM REQUIREMENTS
1.9UNDER MINNESOTA STATUTES, SECTION
518.157 518.159, IN A
1.10CONTESTED PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF
1.11A MINOR CHILD, THE PARTIES MUST
BEGIN PARTICIPATION IN COMPLETE
1.12A PARENT EDUCATION PROGRAM THAT MEETS MINIMUM STANDARDS
1.13PROMULGATED BY THE MINNESOTA SUPREME COURT BEFORE THE
1.14FIRST COURT APPEARANCE OR HEARING OR WITHIN 30 DAYS AFTER
1.15THE FIRST FILING WITH THE COURT
, WHICHEVER IS SOONER.
IN SOME
1.16DISTRICTS, PARENTING EDUCATION MAY BE REQUIRED IN ALL CUSTODY
1.17OR PARENTING PROCEEDINGS. YOU MAY CONTACT THE DISTRICT COURT
1.18ADMINISTRATOR FOR ADDITIONAL INFORMATION REGARDING THIS
1.19REQUIREMENT AND THE AVAILABILITY OF PARENT EDUCATION PROGRAMS.
1.20 Sec. 2.
[518.159] MARRIAGE DISSOLUTION AND LEGAL SEPARATION
1.21EDUCATION REQUIREMENTS.
1.22 Subdivision 1. Application. This section applies to marriage dissolution and legal
1.23separation proceedings involving minor children.
1.24 Subd. 2. Participation requirements. (a) Parents shall attend a four-hour marriage
1.25dissolution education program. Unless otherwise ordered by the court, participation in
1.26the program must be completed before the first court appearance or hearing, or within 30
2.1days of the first filing with the court, whichever is sooner. At the first court appearance
2.2or hearing, the court must verify course completion. If a party has not completed the
2.3course, the court must order a timetable for completion, or may exempt a party from
2.4completing the course requirement upon a showing of good cause. If a case is settled
2.5without a court hearing, each party shall submit a certificate of completion along with the
2.6marital termination agreement or stipulated judgment and decree. The court may exempt
2.7a party from completing the course requirement upon a showing of good cause. For
2.8purposes of this paragraph, good cause includes an inability to speak the language used
2.9in the program, a determination that taking the course is not in a child's best interests, or
2.10that the party cannot afford the course fee. Judges and referees may also order parent
2.11education in cases involving unmarried parents.
2.12(b) The party must submit a certificate provided by the marriage dissolution
2.13education program verifying completion of the program. The certificate must be titled
2.14"Certificate of Completion of Education Requirement" and contain the following language:
2.15"This certifies that .............. (party's name) has successfully completed the course
2.16.............. (course name), which qualifies as a marriage dissolution education program in
2.17accordance with Minnesota Statutes, section 518.159."
2.18 Subd. 3. Program requirements. (a) An education program under this section may
2.19be conducted in person or online if the program meets the criteria in this subdivision.
2.20(b) A program must meet acceptable standards of scientific evidence for
2.21effectiveness in reducing parental conflict and improving children's adjustment in marriage
2.22dissolution situations. These standards may be met either by a listing on the National
2.23Registry of Evidence-Based Programs and Practices or approval by the Minnesota couples
2.24on the brink project created under section 137.32. Approved programs must submit a new
2.25or past empirical study, using an experimental or quasi-experimental research design,
2.26demonstrating reduced parental conflict and improved adjustment of children. A parent
2.27education program already implemented by the district courts in Minnesota as of January
2.281, 2012, is an eligible program under this subdivision until September 1, 2014, if the
2.29program includes the information required under paragraph (c). On and after September 1,
2.302014, those programs must also meet the scientific criteria specified in this paragraph.
2.31(c) The program must provide information on:
2.32(1) constructive parenting in the dissolution process, including risk factors for
2.33families, how marriage dissolution affects children of different ages, and skills parents
2.34can learn to increase cooperation and minimize conflict, particularly conflict that involves
2.35children in loyalty binds. This component of the program must be aimed at increasing
2.36the parents' sensitivity to children's needs and at giving them skills to improve their own
3.1and the children's adjustment to the breakup of the family. Information on constructive
3.2parenting must be the primary emphasis of the program. The program must also include
3.3information to help parents assess whether they are involved in domestic violence,
3.4information on local domestic violence resources, and information on situations when
3.5cooperation in coparenting may not be desirable because of safety risks;
3.6(2) the legal process of marriage dissolution, including an overview of the
3.7adversarial litigation process; the nature and availability of alternative processes such as
3.8mediation, collaborative and cooperative law, and restorative circles; and the advantages
3.9and disadvantages of alternative processes, including available research on the satisfaction
3.10levels, reduced conflict, and better parenting cooperation by parties who avoid adversarial
3.11proceedings; and
3.12(3) the option of reconciliation, including research on the interest in reconciliation
3.13among couples considering marriage dissolution, the potential benefits of avoiding
3.14marriage dissolution, resources to assist with reconciliation for interested couples, and
3.15information on the circumstances in which the risk of domestic violence should exclude
3.16consideration of reconciliation.
3.17The components of the program under clauses (2) and (3) must each constitute no
3.18less than five percent of the program time.
3.19(d) An education program not listed on the National Registry of Evidence-Based
3.20Programs and Practices that is denied approval by the Minnesota couples on the brink
3.21project may appeal to the State Court Administrator for approval as a course meeting the
3.22requirements of this subdivision.
3.23(e) A judicial district may request an exemption from the requirements of this section
3.24from the State Court Administrator for good cause if there are no available, appropriate, or
3.25affordable education programs in the district.
3.26(f) A program that is conducted in person must not require the parties to attend the
3.27same parent education sessions.
3.28(g) The couples on the brink project must disseminate to court administrators a list
3.29of programs that meet the requirements of the subdivision.
3.30 Subd. 4. Costs and program providers. Each education program must enable
3.31persons to have timely and reasonable access to education sessions. A party who qualifies
3.32for a waiver of filing fees under section 563.01 is exempt from paying the parent education
3.33program fee. Program providers must implement a sliding fee scale.
3.34EFFECTIVE DATE.This section is effective January 1, 2013, and applies to
3.35proceedings in which the initial pleading is served or, in the case of a joint petition, signed
3.36by both parties, on or after that date.
4.1 Sec. 3.
REPEALER.
4.2Minnesota Statutes 2010, sections 13.465, subdivision 9; and 518.157, are repealed.
4.3EFFECTIVE DATE.This section is effective January 1, 2013."
4.4Delete the title and insert:
4.6relating to marriage; requiring participation in a marriage dissolution education
4.7program in marriage dissolution or legal separation proceedings involving minor
4.8children;amending Minnesota Statutes 2010, section 518.091, subdivision 2;
4.9proposing coding for new law in Minnesota Statutes, chapter 518; repealing
4.10Minnesota Statutes 2010, sections 13.465, subdivision 9; 518.157."