This bill establishes a new marriage dissolution and legal separation education requirement, which would replace the parent education program under current law.

Section 1 contains the new education requirements.

Subdivision 1 provides that this applies to marriage dissolution and legal separation proceedings involving minor children.

Subdivision 2 contains the participation requirements.  Service of a petition, counterpetition, or answer in a marital dissolution or legal separation proceeding would not be complete unless accompanied by a certificate verifying that the serving party completed a marriage dissolution education program.  Court administrators must not accept these documents for filing unless accompanied by a completion certificate.  A form for the certificate of completion is included, as well as a form for a certificate of impossibility of education requirement.  A party would be exempt from completing an education program before filing if:

1. the party cannot speak or read the languages in which qualifying programs are offered;
2. the party does not have access to a course in the party’s geographical region or to a computer connected to the Internet;
3. the spouse’s behavior towards the party or the children makes it dangerous to coparent; or
4. the party is experiencing an emergency that requires filing before completion of the program (the emergency must be specified).

 Subdivision 3 contains the program requirements and criteria.  A program must meet acceptable standards of scientific evidence for effectiveness in reducing parental conflict and improving children’s adjustment in marriage dissolutions situations.  Parent education programs currently implemented by the district courts would be an eligible program until September 1, 2014, if specified requirements are met.  A program must provide information on constructive parenting in the dissolution process and information to help parents assess whether they are involved in domestic violence, local domestic violence resources, and situations when cooperation in coparenting may not be desirable because of safety risks.  The program also must provide information on the legal process of marriage dissolution, alternative processes, and the option of reconciliation.  A program that is conducted in person must not require the parties to attend the same sessions. 

Subdivision 4 authorizes a judge or referee presiding over a marriage dissolution or postdecree proceeding involving minor children to order the parties to attend a parent education program addressing specified issues.

Subdivision 5 provides that costs for taking a program must be paid by each individual taking the program.  Individuals making less than 200 percent of the federal poverty guidelines, or who are entitled to proceed in forma pauperis, are entitled to a waiver of the fee.

This section would be effective January 1, 2013, and apply to proceedings in which the initial pleading is served or, in the case of a joint petition, signed by both parties, on or after that date.

Section 2 contains the repealer.  It repeals a cross-reference in the Data Practices Act to the confidentiality of program information (consistent with the repealer of the current program); the notice of parent education program requirements that appears in the summons; and the current parent education program statute.

KP:rer