30-3-11.3 - Mandatory educational course for divorcing parents -- Purpose -- Curriculum -- Exceptions.
30-3-11.3. Mandatory educational course for divorcing parents -- Purpose --Curriculum -- Exceptions.
(1) There is established a mandatory course for divorcing parents as a pilot program inthe third and fourth judicial districts to be administered by the Administrative Office of theCourts from July 1, 1992, to June 30, 1994. On July 1, 1994, an approved course shall beimplemented in all judicial districts. The mandatory course is designed to educate and sensitizedivorcing 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 amandatory course on their children's needs after filing a complaint for divorce and receiving adocket number, unless waived under Section 30-3-4. If that requirement is waived, the court maypermit the divorce action to proceed.
(4) The court may require unmarried parents to attend this educational course when thoseparents 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 Administrative Office of the Courts shall administer the course pursuant to Title63G, Chapter 6, Utah Procurement Code, through private or public contracts and organize theprogram in each of Utah's judicial districts. The contracts shall provide for the recoupment ofadministrative expenses through the costs charged to individual parties, pursuant to Subsection(8).
(7) A certificate of completion constitutes evidence to the court of course completion bythe parties.
(8) (a) Each party shall pay the costs of the course to the independent contractorproviding the course at the time and place of the course. A fee of $8 shall be collected, as part ofthe 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 withoutpayment upon a prima facie showing of impecuniosity as evidenced by an affidavit ofimpecuniosity filed in the district court. In those situations, the independent contractor shall bereimbursed 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 divorcemay be entered, the court shall make a final review and determination of impecuniosity and mayorder the payment of the costs if so determined.
(9) Appropriations from the General Fund to the Administrative Office of the Courts forthe "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay thecosts of an indigent parent who makes a showing as provided in Subsection (8)(b).
(10) The Administrative Office of the Courts shall adopt a program to evaluate theeffectiveness of the mandatory educational course. Progress reports shall be provided annuallyto the Judiciary Interim Committee.
Amended by Chapter 146, 2009 General Session