[First Reprint]

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, Nos. 1417 and 1497

STATE OF NEW JERSEY

ADOPTED JANUARY 23, 1997

Sponsored by Senators MATHEUSSEN, MARTIN and PALAIA

An Act establishing a mandatory education program and supplementing Title 2A of the New Jersey Statutes.

      Be It Enacted by the Senate and General Assembly of the State of New Jersey:

      1. This act shall be known and may be cited as the "Parents' Education Act."

      2. a. There is established a mandatory education program to be known as the "Parents' Education Program."

      b. The program shall be designed to assist and advise parents considering divorce, separated parents and divorced parents on issues concerning divorce, separation and custody. The program shall be made available twice a month. The program shall be administered by the Administrative Office of the Courts. The Administrative Office of the Courts shall appoint two program representatives for each county, a male and a female.

      c. The purpose of the program shall be to promote cooperation between the parties and to assist parents in resolving issues which may arise during the divorce or separation process, including, but not limited to:

      (1) Understanding the legal process and cost of divorce or separation, including arbitration and mediation;

      (2) Understanding the financial responsibilities for the children;

      (3) Understanding the interaction between parent and child, the family relationship and any other areas of adjustment and concern during the process of divorce or separation;

      (4) Understanding how children react to divorce or separation, how to spot problems, what to tell them about divorce or separation, how to keep communication open and how to answer questions and concerns the children may have about the process;

      (5) Understanding how parents can help their children during the divorce or separation, specific strategies, ideas, tools, and resources for assistance;

      (6) Understanding how parents can help children after the divorce or separation and how to deal with new family structures and different sets of rules; and

      (7) Understanding that cooperation may sometimes be inappropriate in cases of domestic violence.

      3. a. There is established an advisory committee consisting of nine members appointed by the Governor with the advice and consent of the Senate. The members shall include a former judge who specialized in family law matters, an attorney who specializes in family law matters, a mediator, a probation officer, two mental health professionals with experience in the field of child care, an educator, one custodial parent and one non-custodial parent.

      b. The committee members shall select a chairman from among the members. The committee shall develop a curriculum, guidelines, program representative qualifications and requirements to be used in the "Parents' Education Program" established pursuant to section 2 of this act. The committee shall report its recommendations to the Administrative Office of the Courts three months following the organization of the committee. The Administrative Office of the Courts shall use the recommendations of the committee to develop a comprehensive education program.

      4. a. The court shall order every person who has filed an action for divorce¹ , ¹ nullity or separate maintenance, where the custody, visitation or support of ¹[the] a ¹ minor child is an issue to attend the "Parents' Education Program" established pursuant to section 2 of this act. Each party shall attend separate sessions of the program.

      b. Except as provided in subsection c. of this section, the court shall require all parties who have filed an action for divorce, nullity or separate maintenance where the custody, visitation or support of ¹[the] a¹ minor child is an issue to complete the program prior to entry of judgment. Failure of a party to participate in the program shall be considered as a factor by the court in making any custody and visitation determinations.

      c. The court may exempt a party from attending the program, if the court finds good cause for an exemption.

      5. a. Notwithstanding any other provision of law to the contrary, no person serving as a program representative in the "Parents' Education Program" established pursuant to section 2 of this act shall be liable for damages resulting from any exercise of judgment or discretion in connection with the person's duties unless the actions evidence a reckless disregard for the duties imposed by the position ¹or unless the actions are fraudulent¹. Nothing in this section shall be deemed to grant immunity to any program representative causing damage by that person's willful, wanton or grossly negligent act of commission or omission.

      b. No person serving as a program representative in the program shall solicit, accept employment from or counsel a program participant for a period of one year after the program participant has completed the program.

      6. All communications made by any program participant during the course of attending the "Parents' Education Program," established pursuant to section 2 of this act ¹[is] shall be ¹ confidential and shall not be admissible as evidence in any court proceeding.

      7. The Supreme Court of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purpose of this act.

      8. This act shall take effect ¹[180 days after enactment, except for section 3 which shall take effect immediately] on July 1, 1998, subject to an appropriation made in the annual appropriations act for State Fiscal Year 1999 for the implementation of this act¹.

Creates the Parents' Education Program.