Bill Text: MN HF909 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Marriage dissolution and legal separation proceeding education requirements provided.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-14 - Committee report, to pass and re-refer to Judiciary Finance and Policy [HF909 Detail]
Download: Minnesota-2013-HF909-Introduced.html
1.2relating to civil law; providing education requirements for marriage dissolution
1.3and legal separation proceeding;proposing coding for new law in Minnesota
1.4Statutes, chapter 518; repealing Minnesota Statutes 2012, section 518.157.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [518.159] MARRIAGE DISSOLUTION AND LEGAL SEPARATION
1.7EDUCATION REQUIREMENTS.
1.8 Subdivision 1. Application. This section applies to marriage dissolution and legal
1.9separation proceedings involving minor children.
1.10 Subd. 2. Participation requirements. (a) Parents shall attend a four-hour marriage
1.11dissolution education program. Unless otherwise ordered by the court, participation in the
1.12program must be completed prior to the first court appearance or hearing, or within 30
1.13days of the first filing with the court, whichever is sooner. At the first court appearance
1.14or hearing, the court must verify course completion. If a party has not yet completed the
1.15course, the court must order a timetable for completion, or may exempt a party from
1.16completing the course requirement upon a showing of good cause. Good cause shall
1.17include an inability to speak the language used in the program, a judgment that taking
1.18the course is not in a child's best interests or would compromise the safety of one of
1.19the parties, or that the party cannot afford the course fee. If a case is settled without a
1.20court hearing, each party must submit a certificate of completion along with the marital
1.21termination agreement or stipulated judgment and decree, unless the court has exempted
1.22a party from completing the course for good cause. Judges and referees may also order
1.23parent education in postdecree cases and cases involving unmarried parents.
2.1(b) The court administrator must not accept for filing a marital termination
2.2agreement or a stipulated judgment and decree unless it is accompanied by a certificate of
2.3course completion or a waiver signed by a judicial officer.
2.4(c) The party must submit a certificate provided by the marriage dissolution
2.5education program verifying completion of the program. The certificate must be titled
2.6"Certificate of Completion of Education Requirement" and contain the following language:
2.7"This certifies that (party's name) has successfully completed the course (course name),
2.8sponsored by (name of organization providing the course), which qualifies as a marriage
2.9dissolution education program in accordance with Minnesota Statutes, section 518.159."
2.10 Subd. 3. Program requirements. (a) An education program under this section may
2.11be conducted in person or online if the program meets the criteria in this subdivision.
2.12(b) A program must meet acceptable standards of scientific evidence for
2.13effectiveness in reducing parental conflict and improving children's adjustment in marriage
2.14dissolution situations. These standards may be met either by a listing on the National
2.15Registry of Evidence-Based Programs and Practices or approval by the Minnesota couples
2.16on the brink project created under section 137.32. Approved programs must submit a new
2.17or past empirical study, using an experimental or quasi-experimental research design,
2.18demonstrating reduced parental conflict and improved adjustment of children. A parent
2.19education program already implemented by the district courts in Minnesota as of January
2.201, 2013, is an eligible program under this subdivision until September 1, 2015, if the
2.21program includes the information required under paragraph (c). On and after September 1,
2.222015, those programs must also meet the scientific criteria specified in this paragraph.
2.23(c) The program must provide information on:
2.24(1) assessing if a party to the proceedings is perpetrating domestic violence against
2.25a victim who is a party to the proceedings and when cooperation in co-parenting may
2.26not be desirable because of safety risks, and providing information on local domestic
2.27violence resources;
2.28(2) constructive parenting in the dissolution process, including risk factors for
2.29families, how marriage dissolution affects children of different ages, and skills parents
2.30can learn to increase cooperation and minimize conflict, particularly conflict arising when
2.31parents place children in the middle, creating conflicting loyalty. This component of the
2.32program must be aimed at increasing the parents' sensitivity to children's needs and at
2.33giving them skills to improve the parents' and the children's adjustment to the dissolution
2.34of the marriage. The primary emphasis of the program must be on constructive parenting
2.35information; and
3.1(3) an overview of the legal process of marital dissolution and the advantages
3.2and disadvantages of litigation and alternative processes, including but not limited to
3.3mediation, collaborative and cooperative law, and restorative circles.
3.4(d) A program that is conducted in person must not require the parties to attend the
3.5same parent education sessions.
3.6(e) The Minnesota couples on the brink project must disseminate to court
3.7administrators a list of programs that meet the requirements of this subdivision.
3.8(f) By January 31 of each year, the Minnesota Supreme Court administrator shall
3.9submit to the chairs and ranking minority members of the legislative committees with
3.10jurisdiction over civil law a public report containing the following information for
3.11each judicial district of the state: the number of marriage dissolutions, the number of
3.12dissolutions involving minor children, the number of parties who filed certificates of
3.13completion, and the number of parties who received waivers in the preceding calendar year.
3.14 Subd. 4. Confidentiality. Unless all parties agree in writing, statements made by
3.15a party during participation in a parent education program are inadmissible as evidence
3.16for any purpose, including impeachment. No record may be made regarding a party's
3.17participation in a parent education program, except a record of completion of the program
3.18as required under this section. Instructors shall not disclose information regarding
3.19an individual participant obtained as a result of participation in a parent education
3.20program. Parent education instructors may not be subpoenaed or called as witnesses in
3.21court proceedings.
3.22 Subd. 5. Costs and program providers. (a) Each education program must enable
3.23persons to have timely and reasonable access to education sessions. A party who qualifies
3.24for a waiver of filing fees under section 563.01 is exempt from paying the parent education
3.25program fee. Program providers shall implement a sliding fee scale.
3.26(b) An education program not listed on the National Registry of Evidence-Based
3.27Programs and Practices and which was denied approval by the Minnesota couples on the
3.28brink project may appeal to the Minnesota Supreme Court administrator for approval as a
3.29course meeting the requirements of this section.
3.30(c) A judicial district may request an exemption from the requirements of this
3.31section from the Minnesota Supreme Court administrator for good cause if there are no
3.32programs available or affordable to parents in the district.
3.33EFFECTIVE DATE.This section is effective January 1, 2014, and applies to
3.34proceedings in which the initial pleading is served or, in the case of a joint petition, signed
3.35by both parties on or after that date.
4.1 Sec. 2. REPEALER.
4.2Minnesota Statutes 2012, section 518.157, is repealed.
1.3and legal separation proceeding;proposing coding for new law in Minnesota
1.4Statutes, chapter 518; repealing Minnesota Statutes 2012, section 518.157.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [518.159] MARRIAGE DISSOLUTION AND LEGAL SEPARATION
1.7EDUCATION REQUIREMENTS.
1.8 Subdivision 1. Application. This section applies to marriage dissolution and legal
1.9separation proceedings involving minor children.
1.10 Subd. 2. Participation requirements. (a) Parents shall attend a four-hour marriage
1.11dissolution education program. Unless otherwise ordered by the court, participation in the
1.12program must be completed prior to the first court appearance or hearing, or within 30
1.13days of the first filing with the court, whichever is sooner. At the first court appearance
1.14or hearing, the court must verify course completion. If a party has not yet completed the
1.15course, the court must order a timetable for completion, or may exempt a party from
1.16completing the course requirement upon a showing of good cause. Good cause shall
1.17include an inability to speak the language used in the program, a judgment that taking
1.18the course is not in a child's best interests or would compromise the safety of one of
1.19the parties, or that the party cannot afford the course fee. If a case is settled without a
1.20court hearing, each party must submit a certificate of completion along with the marital
1.21termination agreement or stipulated judgment and decree, unless the court has exempted
1.22a party from completing the course for good cause. Judges and referees may also order
1.23parent education in postdecree cases and cases involving unmarried parents.
2.1(b) The court administrator must not accept for filing a marital termination
2.2agreement or a stipulated judgment and decree unless it is accompanied by a certificate of
2.3course completion or a waiver signed by a judicial officer.
2.4(c) The party must submit a certificate provided by the marriage dissolution
2.5education program verifying completion of the program. The certificate must be titled
2.6"Certificate of Completion of Education Requirement" and contain the following language:
2.7"This certifies that (party's name) has successfully completed the course (course name),
2.8sponsored by (name of organization providing the course), which qualifies as a marriage
2.9dissolution education program in accordance with Minnesota Statutes, section 518.159."
2.10 Subd. 3. Program requirements. (a) An education program under this section may
2.11be conducted in person or online if the program meets the criteria in this subdivision.
2.12(b) A program must meet acceptable standards of scientific evidence for
2.13effectiveness in reducing parental conflict and improving children's adjustment in marriage
2.14dissolution situations. These standards may be met either by a listing on the National
2.15Registry of Evidence-Based Programs and Practices or approval by the Minnesota couples
2.16on the brink project created under section 137.32. Approved programs must submit a new
2.17or past empirical study, using an experimental or quasi-experimental research design,
2.18demonstrating reduced parental conflict and improved adjustment of children. A parent
2.19education program already implemented by the district courts in Minnesota as of January
2.201, 2013, is an eligible program under this subdivision until September 1, 2015, if the
2.21program includes the information required under paragraph (c). On and after September 1,
2.222015, those programs must also meet the scientific criteria specified in this paragraph.
2.23(c) The program must provide information on:
2.24(1) assessing if a party to the proceedings is perpetrating domestic violence against
2.25a victim who is a party to the proceedings and when cooperation in co-parenting may
2.26not be desirable because of safety risks, and providing information on local domestic
2.27violence resources;
2.28(2) constructive parenting in the dissolution process, including risk factors for
2.29families, how marriage dissolution affects children of different ages, and skills parents
2.30can learn to increase cooperation and minimize conflict, particularly conflict arising when
2.31parents place children in the middle, creating conflicting loyalty. This component of the
2.32program must be aimed at increasing the parents' sensitivity to children's needs and at
2.33giving them skills to improve the parents' and the children's adjustment to the dissolution
2.34of the marriage. The primary emphasis of the program must be on constructive parenting
2.35information; and
3.1(3) an overview of the legal process of marital dissolution and the advantages
3.2and disadvantages of litigation and alternative processes, including but not limited to
3.3mediation, collaborative and cooperative law, and restorative circles.
3.4(d) A program that is conducted in person must not require the parties to attend the
3.5same parent education sessions.
3.6(e) The Minnesota couples on the brink project must disseminate to court
3.7administrators a list of programs that meet the requirements of this subdivision.
3.8(f) By January 31 of each year, the Minnesota Supreme Court administrator shall
3.9submit to the chairs and ranking minority members of the legislative committees with
3.10jurisdiction over civil law a public report containing the following information for
3.11each judicial district of the state: the number of marriage dissolutions, the number of
3.12dissolutions involving minor children, the number of parties who filed certificates of
3.13completion, and the number of parties who received waivers in the preceding calendar year.
3.14 Subd. 4. Confidentiality. Unless all parties agree in writing, statements made by
3.15a party during participation in a parent education program are inadmissible as evidence
3.16for any purpose, including impeachment. No record may be made regarding a party's
3.17participation in a parent education program, except a record of completion of the program
3.18as required under this section. Instructors shall not disclose information regarding
3.19an individual participant obtained as a result of participation in a parent education
3.20program. Parent education instructors may not be subpoenaed or called as witnesses in
3.21court proceedings.
3.22 Subd. 5. Costs and program providers. (a) Each education program must enable
3.23persons to have timely and reasonable access to education sessions. A party who qualifies
3.24for a waiver of filing fees under section 563.01 is exempt from paying the parent education
3.25program fee. Program providers shall implement a sliding fee scale.
3.26(b) An education program not listed on the National Registry of Evidence-Based
3.27Programs and Practices and which was denied approval by the Minnesota couples on the
3.28brink project may appeal to the Minnesota Supreme Court administrator for approval as a
3.29course meeting the requirements of this section.
3.30(c) A judicial district may request an exemption from the requirements of this
3.31section from the Minnesota Supreme Court administrator for good cause if there are no
3.32programs available or affordable to parents in the district.
3.33EFFECTIVE DATE.This section is effective January 1, 2014, and applies to
3.34proceedings in which the initial pleading is served or, in the case of a joint petition, signed
3.35by both parties on or after that date.
4.1 Sec. 2. REPEALER.
4.2Minnesota Statutes 2012, section 518.157, is repealed.
