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6 Cosponsor:
Dan N. Johnson
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8 LONG TITLE
9 General Description:
10 This bill addresses modification of a parenting plan.
11 Highlighted Provisions:
12 This bill:
13 ▸ allows a court to require parties to attend an educational course when a petition to
14 modify may result in a modification of a parenting plan;
15 ▸ creates an educational course regarding the modification of a parenting plan; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides a coordination clause.
21 Utah Code Sections Affected:
22 AMENDS:
23 30-3-10.8, as last amended by Laws of Utah 2017, Chapter 224
24 30-3-11.3, as last amended by Laws of Utah 2018, Chapter 470
25 30-3-11.4, as last amended by Laws of Utah 2018, Chapter 470
26 ENACTS:
27 30-3-11.5, Utah Code Annotated 1953
28 Utah Code Sections Affected by Coordination Clause:
29 30-3-11.5, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 30-3-10.8 is amended to read:
33 30-3-10.8. Parenting plan -- Filing -- Modifications.
34 (1) In any proceeding under this chapter, including actions for paternity, a party
35 requesting joint custody, joint legal or physical custody, or any other type of shared parenting
36 arrangement, shall file and serve a proposed parenting plan at the time of the filing of [
37
38 (a) the original petition by the party; or
39 (b) the answer or counterclaim by the party.
40 (2) In proceedings for a modification of custody provisions or modification of a
41 parenting plan, a proposed parenting plan shall be filed and served with:
42 (a) the petition to modify[
43 (b) the answer or counterclaim to the petition to modify.
44 (3) Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil
45 Procedure, if a party files a petition to modify under Subsection (2) that may result in
46 modification of a parenting plan, the court may require both parties to attend the educational
47 course described in Section 30-3-11.5 and present a certification of completion for the
48 educational course to the court if the court determines that attendance and completion would be
49 in the best interests of the parties.
50 [
51 may move the court for an order of default to adopt the plan if the other party fails to file a
52 proposed parenting plan as required by this section.
53 [
54 to the rules for amending pleadings.
55 [
56 statement that the plan is proposed by that parent in good faith.
57 [
58 upon.
59 (b) A verified statement, signed by both parents, shall be attached to the parenting plan.
60 [
61 guardian ad litem to represent the best interests of the child, who may, if necessary, file a
62 separate parenting plan reflecting the best interests of the child.
63 [
64 consistent with Subsection 30-3-10.9(10).
65 (b) If after a parenting plan is adopted, one or both parents become servicemembers, as
66 soon as practical, the parents shall amend the existing parenting plan to comply with
67 Subsection 30-3-10.9(10).
68 Section 2. Section 30-3-11.3 is amended to read:
69 30-3-11.3. Mandatory educational course for divorcing parents -- Curriculum --
70 Fee -- Reporting.
71 (1) (a) The Judicial Council shall approve and implement a mandatory course for
72 divorcing parents in all judicial districts.
73 (b) The mandatory course is designed to educate and sensitize divorcing parties to
74 [
75 (2) The Judicial Council shall adopt rules to implement and administer [
76 the mandatory course described in Subsection (1).
77 (3) (a) (i) As a prerequisite to receiving a divorce decree, both parties are required to
78 attend a mandatory course on [
79 divorce and receiving a docket number, unless waived under Section 30-3-4.
80 (ii) If [
81 may permit the divorce action to proceed.
82 (b) With the exception of a temporary restraining order [
83 Rule 65A of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a
84 motion for an order related to the divorce until the moving party completes the mandatory
85 educational course for divorcing parents required by this section.
86 (4) The court may require unmarried parents to attend this educational course when
87 [
88 (5) The mandatory course shall instruct both parties:
89 (a) about divorce and [
90 (i) [
91 (ii) [
92 (iii) [
93 and
94 (b) that domestic violence has a harmful effect on children and family relationships.
95 (6) (a) The course may be provided through live instruction, video instruction, or an
96 online provider.
97 (b) The online and video options must be formatted as interactive presentations that
98 ensure active participation and learning by the parent.
99 (7) (a) The Administrative Office of the Courts shall administer the course pursuant to
100 Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and
101 organize the program in each of Utah's judicial districts.
102 (b) The contracts shall provide for the recoupment of administrative expenses through
103 the costs charged to individual parties[
104 (8) A certificate of completion constitutes evidence to the court of course completion
105 by the parties.
106 (9) (a) (i) Each party shall pay the costs of the course to the independent contractor
107 providing the course at the time and place of the course.
108 (ii) A fee of $8 shall be collected, as part of the course fee paid by each participant, and
109 deposited [
110 (b) (i) Each party, who is unable to pay the costs of the course, may attend the course
111 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
112 impecuniosity filed in the district court. [
113 (ii) If a party attends the course without payment as described in Subsection (9)(b)(i),
114 the independent contractor shall be reimbursed for [
115 the appropriation to the Administrative Office of the Courts for "Mandatory Educational
116 Course for Divorcing Parents Program."
117 (iii) Before a decree of divorce may be entered, the court:
118 (A) shall make a final review and determination of impecuniosity; and
119 (B) may order the payment of the costs if so determined.
120 (10) Appropriations from the General Fund to the Administrative Office of the Courts
121 for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
122 the costs of an indigent parent who makes a showing as provided in Subsection (9)(b)(i).
123 (11) (a) The Administrative Office of the Courts shall adopt a program to evaluate the
124 effectiveness of the mandatory educational course. [
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126 (b) The Administrative Office of the Courts shall provide a progress report on the
127 mandatory educational course to the Judiciary Interim Committee if requested by the Judiciary
128 Interim Committee.
129 Section 3. Section 30-3-11.4 is amended to read:
130 30-3-11.4. Mandatory orientation course for divorcing parties -- Curriculum --
131 Fee -- Reporting.
132 (1) (a) There is established a mandatory divorce orientation course for all parties with
133 minor children who file a petition for temporary separation or for a divorce.
134 (b) A couple with no minor children is not required, but may choose to attend the
135 course.
136 (c) The purpose of the course is to educate parties about the divorce process and
137 reasonable alternatives.
138 (2) A petitioner shall attend a divorce orientation course no more than 60 days after
139 filing a petition for divorce.
140 (3) (a) With the exception of a temporary restraining order [
141 Rule 65A of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a
142 motion for an order related to the divorce or petition for temporary separation, until the moving
143 party completes the divorce orientation course.
144 (b) Notwithstanding Subsection (3)(a), both parties shall attend a divorce orientation
145 course before a divorce decree may be entered, unless waived by the court under Section
146 30-3-4.
147 (4) The respondent shall attend the divorce orientation course no more than 30 days
148 after being served with a petition for divorce.
149 (5) The clerk of the court shall provide notice to a petitioner of the requirement for the
150 course, and information regarding the course shall be included with the petition or motion,
151 when served on the respondent.
152 (6) The divorce orientation course shall be neutral, unbiased, at least one hour in
153 duration, and include:
154 (a) options available as alternatives to divorce;
155 (b) resources available from courts and administrative agencies for resolving custody
156 and support issues without filing for divorce;
157 (c) resources available to improve or strengthen the marriage;
158 (d) a discussion of the positive and negative consequences of divorce;
159 (e) a discussion of the process of divorce;
160 (f) options available for proceeding with a divorce, including:
161 (i) mediation;
162 (ii) collaborative law; and
163 (iii) litigation; and
164 (g) a discussion of post-divorce resources.
165 (7) The course may be provided in conjunction with the mandatory course for
166 divorcing parents required by Section 30-3-11.3.
167 (8) The Administrative Office of the Courts shall administer the course pursuant to
168 Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts.
169 (9) The course may be through live instruction, video instruction, or through an online
170 provider.
171 (10) (a) A participant shall pay the costs of the course, which may not exceed $30, to
172 the independent contractor providing the course at the time and place of the course.
173 (b) A petitioner who attends a live instruction course within 30 days of filing may not
174 be charged more than $15 for the course.
175 (c) A respondent who attends a live instruction course within 30 days of being served
176 with a petition for divorce may not be charged more than $15 for the course.
177 (d) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
178 deposited [
179 (e) (i) A participant who is unable to pay the costs of the course may attend without
180 payment and request an Affidavit of Impecuniosity from the provider to be filed with the
181 petition or motion.
182 (ii) The provider shall be reimbursed for its costs by the Administrative Office of the
183 Courts.
184 (iii) A petitioner who is later determined not to meet the qualifications for
185 impecuniosity may be ordered to pay the costs of the course.
186 (11) Appropriations from the General Fund to the Administrative Office of the Courts
187 for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
188 determined to be impecunious as provided in Subsection (10)(e).
189 (12) The Online Court Assistance Program shall include instructions with the forms for
190 divorce that inform the petitioner of the requirement of this section.
191 (13) A certificate of completion constitutes evidence to the court of course completion
192 by the parties.
193 (14) It shall be an affirmative defense in all divorce actions that the divorce orientation
194 requirement was not complied with, and the action may not continue until a party has
195 complied.
196 (15) (a) The Administrative Office of the Courts shall adopt a program to evaluate the
197 effectiveness of the mandatory educational course. [
198
199 (b) The Administrative Office of the Courts shall provide a progress report on the
200 mandatory educational course to the Judiciary Interim Committee if requested by the Judiciary
201 Interim Committee.
202 Section 4. Section 30-3-11.5 is enacted to read:
203 30-3-11.5. Educational course for modification of a parenting plan -- Curriculum
204 -- Fee -- Reporting.
205 (1) As used in this section, "educational course" means a course that fulfills the
206 educational course requirement under Subsection 30-3-10.8(3) for parties in a modification of a
207 parenting plan action.
208 (2) The Judicial Council shall:
209 (a) approve and implement an educational course; and
210 (b) adopt rules for the implementation and administration of the educational course in
211 accordance with this section.
212 (3) An educational course shall be designed to educate and sensitize parties about a
213 child's needs during and after the modification of a parenting plan, including educating and
214 instructing the parties on:
215 (a) the definition of a parenting plan under Section 30-3-10.7;
216 (b) the process for modifying a parenting plan;
217 (c) the objectives of a parenting plan under Section 30-3-10.9;
218 (d) how to effectively co-parent after a separation or divorce;
219 (e) resources, other than litigation, that are available for resolving custody and child
220 support issues, including alternative dispute resolution or mediation;
221 (f) how modification to a parenting plan may impact a child;
222 (g) how a parent may help the parent's child adjust to a modification of a parenting
223 plan; and
224 (h) the signs and effects of high-conflict and domestic violence issues on children and
225 family relationships.
226 (4) The Administrative Office of the Courts shall:
227 (a) administer an educational course in accordance with Title 63G, Chapter 6a, Utah
228 Procurement Code, through private or public contracts; and
229 (b) organize an educational course in each of Utah's judicial districts.
230 (5) (a) An educational course may be provided through live instruction, video
231 instruction, or an online provider.
232 (b) An educational course shall be approximately 60 minutes of instruction time.
233 (6) (a) (i) Except as provided in Subsection (6)(c), each party shall pay a fee that does
234 not exceed $35 for an educational course.
235 (ii) A fee of $5 shall be collected, as part of the fee described in Subsection (6)(a)(i),
236 and deposited into the Children's Legal Defense Account described in Section 51-9-408.
237 (b) A fee described in Subsection (6)(a)(i) shall be provided, at the time and place of
238 the educational course, to the independent contractor providing the educational course.
239 (c) Each party who is unable to pay the fee for the educational course may attend the
240 course without payment upon a prima facie showing of impecuniosity as evidenced by an
241 affidavit of impecuniosity filed in the district court in accordance with Section 78A-2-302.
242 (d) If a court determines that a party, who attended the educational course without
243 payment as described in Subsection (6)(c), did not meet the qualifications for impecuniosity,
244 the court may order the party to pay the fee for the educational course.
245 (7) A certificate of completion for an educational course:
246 (a) constitutes evidence to the court of course completion by each party; and
247 (b) is valid for 180 days after the day on which the educational course is completed by
248 the party.
249 (8) (a) The Administrative Office of the Courts shall adopt a program to evaluate the
250 effectiveness of the educational course requirement.
251 (b) The Administrative Office of the Courts shall provide a progress report on the
252 educational course requirement to the Judiciary Interim Committee if requested by the
253 Judiciary Interim Committee.
254 Section 5. Coordinating H.B. 86 with S.B. 87 -- Technical amendment.
255 If this H.B. 86 and S.B. 87, Court Fee Waiver Amendments, both pass and become law,
256 it is the intent of the Legislature that the Office of Legislative Research and General Counsel
257 prepare the Utah Code database for publication by changing the terminology in Subsections
258 30-3-11.5(6)(c) and (d) from "impecuniosity" to "indigency."