1-1 AN ACT 1-2 relating to the requirement that parents participate in a parenting 1-3 course and counseling in certain suits involving children. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 105, Family Code, is amended by adding 1-6 Section 105.009 to read as follows: 1-7 Sec. 105.009. PARENT EDUCATION AND FAMILY STABILIZATION 1-8 COURSE. (a) In a suit affecting the parent-child relationship, 1-9 including an action to modify an order in a suit affecting the 1-10 parent-child relationship providing for possession of or access to 1-11 a child, the court may order the parties to the suit to attend a 1-12 parent education and family stabilization course if the court 1-13 determines that the order is in the best interest of the child. 1-14 (b) The parties to the suit may not be required to attend 1-15 the course together. The court, on its own motion or the motion of 1-16 either party, may prohibit the parties from taking the course 1-17 together if there is a history of family violence in the marriage. 1-18 (c) A course under this section must be at least four hours, 1-19 but not more than 12 hours, in length and be designed to educate 1-20 and assist parents with regard to the consequences of divorce on 1-21 parents and children. The course must include information on the 1-22 following issues: 1-23 (1) the emotional effects of divorce on parents; 1-24 (2) the emotional and behavioral reactions to divorce 2-1 by young children and adolescents; 2-2 (3) parenting issues relating to the concerns and 2-3 needs of children at different development stages; 2-4 (4) stress indicators in young children and 2-5 adolescents; 2-6 (5) conflict management; 2-7 (6) family stabilization through development of a 2-8 coparenting relationship; 2-9 (7) the financial responsibilities of parenting; 2-10 (8) family violence, spousal abuse, and child abuse 2-11 and neglect; and 2-12 (9) the availability of community services and 2-13 resources. 2-14 (d) A course may not be designed to provide individual 2-15 mental health therapy or individual legal advice. 2-16 (e) A course satisfies the requirements of this section if 2-17 it is offered by: 2-18 (1) a mental health professional who has at least a 2-19 master's degree with a background in family therapy or parent 2-20 education; or 2-21 (2) a religious practitioner who performs counseling 2-22 consistent with the laws of this state or another person designated 2-23 as a program counselor by a church or religious institution if the 2-24 litigant so chooses. 2-25 (f) Information obtained in a course or a statement made by 2-26 a participant to a suit during a course may not be considered in 2-27 the adjudication of the suit or in any subsequent legal proceeding. 3-1 Any report that results from participation in the course may not 3-2 become a record in the suit unless the parties stipulate to the 3-3 record in writing. 3-4 (g) The court may take appropriate action with regard to a 3-5 party who fails to attend or complete a course ordered by the court 3-6 under this section, including holding the party in contempt of 3-7 court, striking pleadings, or invoking any sanction provided by 3-8 Rule 215, Texas Rules of Civil Procedure. The failure or refusal 3-9 by a party to attend or complete a course required by this section 3-10 may not delay the court from rendering a judgment in a suit 3-11 affecting the parent-child relationship. 3-12 (h) The course required under this section may be completed 3-13 by: 3-14 (1) personal instruction; 3-15 (2) videotape instruction; 3-16 (3) instruction through an electronic medium; or 3-17 (4) a combination of those methods. 3-18 (i) On completion of the course, the course provider shall 3-19 issue a certificate of completion to each participant. The 3-20 certificate must state: 3-21 (1) the name of the participant; 3-22 (2) the name of the course provider; 3-23 (3) the date the course was completed; and 3-24 (4) whether the course was provided by: 3-25 (A) personal instruction; 3-26 (B) videotape instruction; 3-27 (C) instruction through an electronic medium; or 4-1 (D) a combination of those methods. 4-2 (j) The county clerk in each county may establish a registry 4-3 of course providers in the county and a list of locations at which 4-4 courses are provided. The clerk shall include information in the 4-5 registry identifying courses that are offered on a sliding fee 4-6 scale or without charge. 4-7 (k) The court may not order the parties to a suit to attend 4-8 a course under this section if the parties cannot afford to take 4-9 the course. If the parties cannot afford to take a course, the 4-10 court may direct the parties to a course that is offered on a 4-11 sliding fee scale or without charge, if a course of that type is 4-12 available. A party to a suit may not be required to pay more than 4-13 $100 to attend a course ordered under this section. 4-14 (l) A person who has attended a course under this section 4-15 may not be required to attend the course more than twice before the 4-16 fifth anniversary of the date the person completes the course for 4-17 the first time. 4-18 SECTION 2. Section 157.211, Family Code, is amended to read 4-19 as follows: 4-20 Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the 4-21 court places the respondent on community supervision and suspends 4-22 commitment, the terms and conditions of community supervision may 4-23 include the requirement that the respondent: 4-24 (1) report to the community supervision and 4-25 corrections department officer as directed; 4-26 (2) permit the community supervision and corrections 4-27 department officer to visit the respondent at the respondent's home 5-1 or elsewhere; 5-2 (3) obtain counseling on financial planning, budget 5-3 management, conflict resolution, parenting skills, alcohol or drug 5-4 abuse, or other matters causing the respondent to fail to obey the 5-5 order; 5-6 (4) pay required child support and any child support 5-7 arrearages; and 5-8 (5) pay court costs and attorney's fees ordered by the 5-9 court. 5-10 SECTION 3. (a) This Act takes effect September 1, 1999. 5-11 (b) The change in law made by this Act applies to a suit 5-12 affecting the parent-child relationship or a motion to modify an 5-13 order providing for possession of or access to a child that is 5-14 filed on or after the effective date of this Act. A suit or motion 5-15 filed before the effective date of this Act is governed by the law 5-16 in effect on the date the suit or motion was filed, and the former 5-17 law is continued in effect for that purpose. 5-18 SECTION 4. The importance of this legislation and the 5-19 crowded condition of the calendars in both houses create an 5-20 emergency and an imperative public necessity that the 5-21 constitutional rule requiring bills to be read on three several 5-22 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2441 was passed by the House on May 4, 1999, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2441 on May 26, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2441 was passed by the Senate, with amendments, on May 24, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor