requires two-thirds majority vote (§ 1)                                                   

                                                                                                  

 

Assembly Bill No. 167–Assemblymen Manendo, Buckley, Bache, McClain, Williams, Anderson, Berman, Carpenter, Claborn, Collins, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, Neighbors, Nolan, Oceguera, Parks, Parnell, Price and Smith

 

February 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Requires certain judicial districts to establish educational seminar for separating parents who are parties in domestic relations matters involving children. (BDR 1‑804)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

CONTAINS UNFUNDED MANDATE (§ 1)

(Requested by Affected Local Government)

 

~

 

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

 

AN ACT relating to domestic relations; requiring certain judicial districts to adopt rules establishing 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 thereto a

1-2  new section to read as follows:

1-3    1.  In a county whose population is 400,000 or more, the district court

1-4  shall establish by rules approved by the supreme court a mandatory

1-5  seminar for separating parents who are parties in a domestic relations

1-6  matter filed pursuant to chapter 125, 125A, 125C or 126 of NRS in which

1-7  the interests of a child under the age of 18 years are involved.

1-8    2.  The rules must:

1-9    (a) Require that the seminar be successfully completed within 45 days

1-10  after service of the initial complaint or petition.

1-11    (b) Require that the seminar be presented in the community by

1-12  seminar providers who are approved by the district court. Seminar

1-13  providers who are approved by the district court must enter into an

2-1  interlocal agreement for educational services with the district court

2-2  before providing seminar services.

2-3    (c) Establish the minimum educational requirements for seminar

2-4  presenters, including, without limitation, the requirement that a seminar

2-5  presenter must attend at least three in-service seminars of continuing

2-6  education annually. The rules must ensure that a seminar presenter

2-7  understands the emotional and developmental needs of children whose

2-8  parents are separating.

2-9    (d) Provide that the district court may, upon a showing of good cause,

2-10  excuse the parties in a matter from attending the seminar. For the

2-11  purposes of this paragraph, a showing of good cause includes, without

2-12  limitation, a showing that:

2-13      (1) One of the parties resides outside of the jurisdiction of the court;

2-14      (2) The youngest child of the parties is within 6 months of reaching

2-15  the age of 18 years;

2-16      (3) The parties have resolved their custodial matters by stipulation;

2-17  or

2-18      (4) The parties have successfully completed the seminar during the

2-19  3-year period immediately preceding the filing of the complaint or

2-20  petition.

2-21    (e) Provide that the court administrator or his designee:

2-22      (1) Is responsible for the administration of the seminar and all

2-23  matters concerning the seminar; and

2-24      (2) May establish a sliding schedule of fees for participation in the

2-25  seminar based on the ability of a party to pay.

2-26    (f) Provide that the district court may waive any fees if a party

2-27  demonstrates financial hardship.

2-28    Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not apply

2-29  to any additional expenses of a local government that are related to the

2-30  provisions of this act.

2-31    Sec. 3.  The amendatory provisions of this act apply to any action, suit

2-32  or proceeding filed on or after October 1, 2001.

 

2-33  H