Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 66 (2016GS)

Sponsor

Rep. Moss, C.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes the courts to provide an online option for the mandatory educational course for divorcing parents.

Every vote on this bill

Bill text

ONLINE PARENTING COURSE FOR DIVORCING
FAMILIES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol Spackman Moss
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill authorizes the educational course for divorcing parents to be attended online.
Highlighted Provisions:
This bill:
▸ authorizes the courts to provide an online option for the mandatory educational
course for divorcing parents.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
30-3-11.3
, as last amended by Laws of Utah 2012, Chapter 347
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-3-11.3
 is amended to read:
30-3-11.3.
Mandatory educational course for divorcing parents -- Purpose --
Curriculum -- Exceptions.
(1) The Judicial Council shall approve and implement a mandatory course for
divorcing parents in all judicial districts. The mandatory course is designed to educate and
sensitize divorcing parties to their children's needs both during and after the divorce process.
(2) The Judicial Council shall adopt rules to implement and administer this program.
(3) As a prerequisite to receiving a divorce decree, both parties are required to attend a
mandatory course on their children's needs after filing a complaint for divorce and receiving a
docket number, unless waived under Section 
30-3-4
. If that requirement is waived, the court
may permit the divorce action to proceed.
(4) The court may require unmarried parents to attend this educational course when
those parents are involved in a visitation or custody proceeding before the court.
(5) The mandatory course shall instruct both parties:
(a) about divorce and its impacts on:
(i) their child or children;
(ii) their family relationship; and
(iii) their financial responsibilities for their child or children; and
(b) that domestic violence has a harmful effect on children and family relationships.
(6) The course may be provided through live instruction, video instruction, or an online
provider. The online and video options must be formatted as interactive presentations that
ensure active participation and learning by the parent.
[
(6)
] 
(7)
 The Administrative Office of the Courts shall administer the course pursuant
to Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and
organize the program in each of Utah's judicial districts. The contracts shall provide for the
recoupment of administrative expenses through the costs charged to individual parties,
pursuant to Subsection [
(8)
] 
(9)
.
[
(7)
] 
(8)
 A certificate of completion constitutes evidence to the court of course
completion by the parties.
[
(8)
] 
(9)
 (a) Each party shall pay the costs of the course to the independent contractor
providing the course at the time and place of the course. A fee of $8 shall be collected, as part
of the course fee paid by each participant, and deposited in the Children's Legal Defense
Account, described in Section 
51-9-408
.
(b) Each party who is unable to pay the costs of the course may attend the course
without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
impecuniosity filed in the district court. In those situations, the independent contractor shall be
reimbursed for its costs from the appropriation to the Administrative Office of the Courts for
"Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce
may be entered, the court shall make a final review and determination of impecuniosity and
may order the payment of the costs if so determined.
[
(9)
] 
(10)
 Appropriations from the General Fund to the Administrative Office of the
Courts for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to
pay the costs of an indigent parent who makes a showing as provided in Subsection [
(8)
] 
(9)
(b).
[
(10)
] 
(11)
 The Administrative Office of the Courts shall adopt a program to evaluate
the effectiveness of the mandatory educational course. Progress reports shall be provided if
requested by the Judiciary Interim Committee.