CJ C.S.H.B. 1890 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES C.S.H.B. 1890 By: Hirschi 4-24-97 Committee Report (Substituted) BACKGROUND Children of parents undergoing the process of divorce must cope with many issues. In an attempt to help these children and their parents, a few states and counties have established a court-ordered seminar to educate parents involved in divorce proceedings. The intent of the seminar is to minimize the pain children and parents go through during the process of divorce. PURPOSE The bill proposes to establish a court-ordered seminar to educate parents involved in divorce actions. The seminar shall address the issues confronting children that are the subject of divorce, custody and child support litigation. SECTION BY SECTION ANALYSIS SECTION 1. Section 6.505, Family Code, is amended by adding Subsection (e) to allow the court to direct the parents of children under 18 years of age born or adopted, who have filed for divorce to attend an education seminar. The seminar does not exempt the parties from the counseling provision of Subsection (a). SECTION 2. Subchapter F, Chapter 6, Family Code, is amended by adding Section 6.5055 to (a) define the seminar and require it to address the issues concerning the affects of the suit on the child and the affects on the parent-child relationship. (b) State the requirements for the seminar instructor. (c) The duration requirements for the seminar. (d) The parties who are required to attend the seminar shall pay the established fee set by the court. (e) The person who provides the counseling services must provide a certificate of completion to each person who completes the seminar requirements. (f) The court may withhold the grant of divorce until both parties provide a certificate of completion of the required divorce and child seminar. (g) The court may take action against the party's who failed to attend the required seminar. The action may include holding the party in contempt of court, striking pleading, or invoking any of the sanctions provided by rule 215, Texas Rules of Procedure. (h) A person who has attended the required seminar will not be required to attend another seminar until five years after the date of the completed seminar. SECTION 3. Subchapter A, Chapter 153, Family Code, is amended Section 153.0025 to (a) allow the court to order the party's in the suit to attend a a divorce and children education seminar under regarding the effect of suits affecting the parent-child relationship on children. (b) The court may take appropriate action, including holding the party in contempt of court, striking pleadings, or invoking any of the sanctions provided by Rule 215, Texas Rules of Civil Procedure, for failure to attend or complete the seminar. (c) The court may order the party to pay a reasonable fee set by the court for the seminar. (d) A court may not order a party to attend the seminar if the proceeding was brought by the Department of Protective and Regulatory Services, the office of the attorney general, or a party seeking a protective order under Title 4. Section 4. This act takes effect if SB 334 becomes law. Section 5. This takes effect September 1, 1997. Section 6. Emergency clause COMPARISON OF ORIGINAL TO SUBSTITUTE The Committee substitute adds a new subsection (c) in Section 2 of the bill to state the duration requirements for the seminar.