Assembly Bill No. 309–Assemblymen Manendo, Koivisto, McClain, Chowning, Ohrenschall, Anderson, Andonov, Atkinson, Buckley, Christensen, Collins, Conklin, Goicoechea, Goldwater, Grady, Griffin, Hardy, Knecht, Oceguera, Pierce and Williams

 

March 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Requires judicial districts in larger counties to establish educational seminar for separating parents who are parties in domestic relations matters involving children. (BDR 1‑60)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

CONTAINS UNFUNDED MANDATE (§ 1)

(Requested by Affected Local Government)

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to domestic relations; requiring judicial districts in larger counties to establish an educational seminar for separating parents who are parties in domestic relations matters involving children; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 3 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  Each judicial district that includes a county whose

1-4  population is 400,000 or more shall establish, by rules approved by

1-5  the Supreme Court, a mandatory seminar for separating parents

1-6  who are parties in a domestic relations matter filed pursuant to

1-7  chapter 125, 125A, 125C or 126 of NRS in which the interests of a

1-8  child under the age of 18 years are involved.

1-9  2.  The rules must:

2-1  (a) Require that, except as otherwise provided in this section,

2-2  the seminar be successfully completed by the parents within 45

2-3  days after service of the initial complaint or petition.

2-4  (b) Require that the seminar be presented in the community by

2-5  seminar providers who are approved by the district court. Seminar

2-6  providers who are approved by the district court must enter into an

2-7  interlocal agreement for educational services with the district

2-8  court before providing seminar services.

2-9  (c) Establish the minimum educational requirements for

2-10  seminar presenters, including, without limitation, the requirement

2-11  that a seminar presenter must attend at least three in-service

2-12  seminars of continuing education annually. The rules must ensure

2-13  that a seminar presenter understands the emotional and

2-14  developmental needs of children whose parents are separating.

2-15      (d) Provide that a district court may, upon a showing of good

2-16  cause, excuse the parties in a matter from attending the seminar.

2-17  For the purposes of this paragraph, a showing of good cause

2-18  includes, without limitation, a showing that:

2-19          (1) One of the parties resides outside of the jurisdiction of

2-20  the court;

2-21          (2) The youngest child of the parties will be 18 years of age

2-22  within 6 months;

2-23          (3) The parties have resolved their custodial matters by

2-24  stipulation; or

2-25          (4) The parties have successfully completed the seminar

2-26  during the 3-year period immediately preceding the filing of the

2-27  complaint or petition.

2-28      (e) Provide that the court administrator or his designee:

2-29          (1) Is responsible for the administration of the seminar and

2-30  all matters concerning the seminar; and

2-31          (2) May establish a sliding schedule of fees for

2-32  participation in the seminar based on the ability of a party to pay.

2-33      (f) Provide that the district court may waive any fees if a party

2-34  demonstrates financial hardship.

2-35      Sec. 2.  The provisions of NRS 354.599 do not apply to any

2-36  additional expense of a local government that is related to the

2-37  provisions of this act.

2-38      Sec. 3.  The amendatory provisions of this act apply to any

2-39  action, suit or proceeding filed on or after October 1, 2003.

 

2-40  H