Representative Carol Spackman Moss proposes the following substitute bill:


1     
PARENTING PLAN AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carol Spackman Moss

5     
Senate Sponsor: Chris H. Wilson

6     Cosponsor:
Dan N. Johnson

7     

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 [their
37     original petition or at the time of filing their answer or counterclaim.]:
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[,]; or
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          [(3)] (4) A party who files a proposed parenting plan in compliance with this section
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          [(4)] (5) Either party may file and serve an amended proposed parenting plan according
54     to the rules for amending pleadings.
55          [(5)] (6) The parent submitting a proposed parenting plan shall attach a verified

56     statement that the plan is proposed by that parent in good faith.
57          [(6)] (7) (a) Both parents may submit a parenting plan [which] that has been agreed
58     upon.
59          (b) A verified statement, signed by both parents, shall be attached to the parenting plan.
60          [(7)] (8) If the parents file inconsistent parenting plans, the court may appoint a
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          [(8)] (9) (a) When one or both parents are a servicemember, the parenting plan shall be
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     [their] the parties' children's needs both during and after the divorce process.
75          (2) The Judicial Council shall adopt rules to implement and administer [this program]
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 [their] the parties' children's needs after filing a complaint for
79     divorce and receiving a docket number, unless waived under Section 30-3-4.
80          (ii) If [that requirement] the requirement under Subsection (3)(a)(i) is waived, the court
81     may permit the divorce action to proceed.
82          (b) With the exception of a temporary restraining order [pursuant to Rule 65,] under
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     [those] the parents are involved in a visitation or custody proceeding before the court.
88          (5) The mandatory course shall instruct both parties:
89          (a) about divorce and [its impacts] the impact of divorce on:
90          (i) [their] the parties' child or children;
91          (ii) [their] the parties' family relationship; and
92          (iii) [their] the parties' financial responsibilities for [their] the parties' child or children;
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[, pursuant to] as described in Subsection (9).
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 [in] into the Children's Legal Defense Account, described in Section 51-9-408.
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. [In those situations]
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 [its] the independent contractor's costs from
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. [Progress reports shall be provided if
125     requested by the Judiciary Interim Committee.]
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 [pursuant to Rule 65,] under
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 [in] into the Children's Legal Defense Account described in Section 51-9-408.
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. [Progress reports shall be provided if
198     requested by the Judiciary Interim Committee.]
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."