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HOUSE BILL No. 1454

Citations Affected: IC 31-15-2.5.

Synopsis: Pre-divorce counseling. Requires the parent of a minor to attend a class on the effect of divorce on children before a dissolution of marriage is granted. (The introduced version of this bill was prepared by the interim study committee on marriage and family building initiatives.)

Effective: July 1, 2004.

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Welch

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    January 14, 2003, read first time and referred to Committee on Human Affairs.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

SOURCE: IC 31-15-2.5; (03)IN1454.1.1. -->     SECTION 1. IC 31-15-2.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]:
     Chapter 2.5. Classes on the Effect of Divorce on Children
    Sec. 1. For purposes of this chapter, "domestic violence" includes conduct that is an element of an offense under IC 35-42 or a threat to commit an act described in IC 35-42 by a spouse.
    Sec. 2. This chapter applies to persons filing for a dissolution of marriage if:
        (1) the parties are the parents of a minor;
        (2) either party is the legal custodian of a minor at the time of filing for the dissolution of marriage; or
        (3) the wife is pregnant and, after the child is born, the husband would be the child's father under law.
    Sec. 3. Except as provided in section 6 of this chapter, the parties to a dissolution of marriage action shall complete, either together or separately, a divorce effects program.

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     Sec. 4. A divorce effects program must cover all the following subjects:
        (1) The effects on a minor, including:
            (A) developmental stages of the minor;
            (B) responses to divorce;
            (C) symptoms of maladjustment to divorce and response to maladjustment; and
            (D) education or counseling options for the minor.
        (2) The effects on parties to the action, including:
            (A) parenting skills;
            (B) communication skills;
            (C) conflict resolution skills;
            (D) money management skills;
            (E) emotional adjustment, family adjustment, financial adjustment, and work adjustment techniques;
            (F) stress reduction;
            (G) parallel and cooperative parenting techniques;
            (H) reconciliation and counseling options;
            (I) remarriage issues; and
            (J) substance abuse information and referral.
    Sec. 5. A provider of a divorce effects program shall issue a certificate to each individual who completes the program, certifying that the program has been completed.
    Sec. 6. A court may issue an order for dissolution of marriage without proof of completion of the divorce effects program required by this chapter if:
        (1) a party to the marriage files a sworn statement stating that the party is a victim of domestic violence by the other party; or
        (2) the court determines and makes a finding that there is good cause for not requiring the completion of the program.
    Sec. 7. A court may either provide the classes or contract for provision of the classes. Qualified instructors for the divorce effects program may include the following:
        (1) A psychologist licensed under IC 25-33-1.
        (2) A clinical social worker licensed under IC 25-23.6-5.
        (3) A marriage and family therapist licensed under IC 25-23.6-8.
        (4) A mental health counselor licensed under IC 25-23.6-8.5.
        (5) A member of the clergy of a religious organization.
        (6) A school counselor, if the school counselor has relevant training.

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    Sec. 8. Payment for a divorce effects program shall be made directly to the program provider. A program provider may use a fee schedule that accommodates families of various financial means.