Divorce actions-parenting classes.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0567

SENATE FILE
NO.
SF0130

Divorce actions-parenting classes.

Sponsored by:
Senator(s) Sessions, Geis and Massie and Representative(s) Alden, Berger, Iekel and Warren

A BILL

for

AN ACT relating to child custody and visitation resulting from divorce or custody modification proceedings; modifying and expanding parent education participation; imposing conditions and requirements; providing for exemptions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 20
‑
2
‑
201(f) and by creating new subsections (g) through (j) and 20
‑
2
‑
204 by creating a new subsection (d) are amended to read:

20
‑
2
‑
201.

Disposition and maintenance of children in decree or order; access to records.

(f)

At any time the court may require parents to attend appropriate parenting classes, including but not limited to, parenting classes to lessen the effects of divorce on children.

In an action for dissolution of marriage, legal separation or annulment that involves biological or adopted children of the parties, the court shall order both parties to attend a parent education program in the best interests of the children, unless an exemption is granted under subsection (h) of this section. The court approved parent education program shall:

(i)

Be a minimum of four (4) hours of instruction;

(ii)

Be provided by a public or private institution or entity 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 and at least three (3) years in a previously stated field experience with never married and separative families. Each presenter shall have experience working in areas of domestic relations, family restructuring, child welfare, family dynamics and training in domestic violence issues. 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;

(iii)

At minimum, provide instruction in the following areas which informs both parties concerning the divorce process and its impact upon children and instructs the parties in parenting skills and strategies to enable the parties to parent children in a responsible manner:

(A)

Developmental stages of children;

(B)

Adjustment of children to parental separation;

(C)

Negative effects of access denial;

(D)

Domestic violence;

(E)

Options for dispute resolution and conflict management;

(F)

Financial responsibilities to the children;

(G)

Cooperative parenting, including when cooperative parenting is not appropriate and, when appropriate, other options to cooperative parenting;

(H)

Custody, parenting time and shared parenting plans;

(J)

Long distance parenting;

(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 therapeutic intervention.

(iv)

Be completed by each party within ninety (90) days following the date of the court's order;

(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.

(g)

Providers shall comply with the Americans with Disabilities Act to enable persons with disabilities to participate in the program.

(h)

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.

(j)

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.

Section 2.

This act is effective July 1, 2007.

(END)

1
SF0130