SENATE, No. 1378
STATE OF NEW JERSEY
INTRODUCED JUNE 24, 1996
By Senators MATHEUSSEN and ZANE
An Act creating a pilot program concerning education and counseling for certain persons seeking divorces, supplementing Title 2B of the New Jersey Statutes and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The number of divorces granted in this State indicates the importance of examining alternative processes that may provide assistance to persons and the children of persons who are divorcing;
b. Particular attention should be paid to the children of divorcing persons as they may be affected in light of the possible consequences of domestic relations disputes and the adversarial nature of the divorce process;
c. Providing assistance to divorcing persons and the children of divorcing persons will require cooperation on the part of the public and private agencies involved including the judiciary, service providers, family court mediators, child advocates, representatives of the family court, the local bar associations and other concerned parties; and
d. Conducting a pilot program in one vicinage which requires the attendance of persons seeking divorce and attendance of their children for information, education, counseling and support through group interaction with experienced facilitators prior to the granting of a divorce will provide information as to the feasibility of implementing this program and other related programs on a Statewide basis.
2. a. A five-year pilot program shall be established in the Gloucester, Cumberland and Salem vicinage in this State which shall require completion of a special program for persons who have children who are seeking a divorce. The program shall provide information, education, counseling and support through group interaction with family court mediators and experienced facilitators for both parents and children.
b. (1) Attendance at the program shall be mandatory for all persons when there is a child of the marriage less than 17 and 1/2 years of age. The minimum requirement shall include completion of four hours of the program for which a certificate of completion will be given before the granting of the divorce. The certificate shall be a necessary document filed with the judgment of divorce.
(2) Attendance at the program may be ordered by the judge for persons who are not seeking a divorce but are resolving issues related to child custody or visitation.
c. On the motion of either party to the divorce action or on the motion of the court, the parties may be ordered to complete additional programs that may be available in the vicinage prior to the granting of the divorce.
d. If either party to the divorce action chooses to attend additional programs with the approval of the court, that party is responsible for the cost of those programs which are not court-ordered.
3. Rules and regulations governing the pilot program and the content of the program itself shall be developed by the presiding judge of the Family Part in the selected vicinage, a family court mediator and two qualified representatives from a nonprofit agency in the vicinage that advocates for children, all of whom shall be named by the presiding judge of the Family Part, with the approval of the assignment judge. At a minimum, the program developed pursuant to this act shall provide for three types of groups for the special program: a group for parents, a group for adolescents and a group for younger children.
4. The Administrative Office of the Courts shall monitor and report to the Legislature after the mandatory program has been in effect for at least 24 months and shall include recommendations as to the expansion or continuation of the pilot program. This report shall include an evaluation of the effectiveness of the pilot program as may be determined by information supplied by the program participants. The evaluation shall include information about the continuing use of the courts by persons completing the pilot program based on the number of motions filed subsequent to completion of the pilot program. The evaluation shall include information on the number of times persons completing the program have returned to the non-profit agency for additional assistance subsequent to completion of the pilot program.
5. There is appropriated from the General Fund to the Administrative Office of the Courts the amount of $1,250,000.00 for the operation of this five-year pilot program.
6. This act shall take effect immediately and shall expire five years after the date of enactment.
STATEMENT
This bill establishes a pilot program of five years' duration in the Gloucester, Cumberland and Salem vicinage. The program would mandate parties seeking a divorce who have at least one child under the age of 17 and 1/2 years to complete at least four hours of attendance at a special program providing information, education, counseling and support before a divorce is granted. A certificate of completion will be required and must be filed with the final judgment of divorce during the pendency of this pilot program. On the motion of either party to the divorce action or on the motion of the court, the parties may be ordered to complete additional programs. Parties are free to complete additional programs of their own choosing but the cost of those programs not ordered by the court shall be borne by the parties. Persons who are not seeking a divorce but who have issues to resolve concerning custody or visitation may be ordered to complete the four-hour program.
The presiding judge of the Family Part in the selected vicinage, a family court mediator and two qualified representatives from a nonprofit agency that advocates for children, all of whom shall be named by the presiding judge of the family part with the approval of the assignment judge of the vicinage, shall develop rules and regulations governing the pilot program and the content of the program itself.
The Administrative Office of the Courts shall monitor and report to the Legislature after the mandatory program has been in effect for at least 24 months and shall include recommendations as to the expansion or continuation of the pilot program. The evaluation shall include information about the continuing use of the courts by parties in the mandatory program. The sum of $1,250,000.00 is appropriated to the Administrative Office of the Courts for the operation of this program.
Establishes a pilot program in one vicinage mandating completion of a special program for persons with children seeking a divorce; appropriates $1,250,000.00 to AOC.