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H0541................................by JUDICIARY, RULES AND ADMINISTRATION
CHILD CUSTODY - Adds to existing law relating to domestic relations and
child custody to provide for parenting coordinators.
02/01 House intro - 1st rdg - to printing
02/04 Rpt prt - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 64-2-4
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Roberts, Robison, Sali,
Schaefer, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- Ridinger, Sellman
Absent and excused -- Callister, Langford, Martinez, Wood
Floor Sponsor - Ellis
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Jud
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 30-5-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Goedde,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett,
Thorne, Wheeler
NAYS -- Davis, Geddes, Hill, Richardson, Williams
Absent and excused -- None
Floor Sponsor - Boatright
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/19 Governor signed
Session Law Chapter 108
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 541
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC RELATIONS; AMENDING CHAPTER 7, TITLE 32, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 32-717D, IDAHO CODE, TO PROVIDE FOR
4 PARENTING COORDINATORS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Chapter 7, Title 32, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 32-717D, Idaho Code, and to read as follows:
9 32-717D. PARENTING COORDINATOR. (1) Provided that a court has entered a
10 judgment or an order establishing child custody in a case, the court may order
11 the appointment of a parenting coordinator to perform such duties as autho-
12 rized by the court, consistent with any controlling judgment or order of a
13 court relating to the child or children of the parties, and as set forth
14 within the order of appointment. The court shall direct the parenting coordi-
15 nator to provide a status report to the court at a time and in a manner as
16 determined by the court. Provided however, that the court shall require the
17 parenting coordinator to provide a minimum of one (1) status report to the
18 court at least once every six (6) months. At any time during the period of
19 appointment, the court, on its own initiative, or upon request of the
20 parenting coordinator or either party, may hold a status conference to review
21 the continued appointment of the coordinator and/or the status of the case.
22 (2) Qualification, selection, appointment, termination of appointment,
23 and prescribed duties and responsibilities of a parenting coordinator shall be
24 based upon standards and criteria as adopted by the Idaho supreme court. Pro-
25 vided however, that standards and criteria for qualification and selection of
26 a parenting coordinator, as adopted by the Idaho supreme court, shall not
27 apply to a parenting coordinator selected and agreed to by the parties. In
28 addition, as a condition of any appointment, a parenting coordinator shall:
29 (a) Be neutral to the dispute and to the parties;
30 (b) Be either selected pursuant to agreement of the parties or appointed
31 by the court;
32 (c) Prior to any appointment, and at their own cost, have submitted to a
33 criminal history check through any law enforcement office in the state
34 providing such service. The criminal history check shall include a state-
35 wide criminal identification bureau, the federal bureau of investigation
36 criminal history check, the national crime information center and the
37 statewide sex offender register. A record of all background checks shall
38 be maintained in the office of the supreme court of the state of Idaho
39 with a copy going to the applicant and shall be available for review by
40 the court considering a parenting coordinator appointment prior to an
41 appointment; and
42 (d) Agree to appointment without requiring the parties to pay a retainer
43 for services. Provided however, that any dispute regarding payment of the
2
1 fees and costs of the parenting coordinator, shall be subject to review by
2 the court upon request of the parenting coordinator or either party.
3 (3) In addition to those duties as authorized by the court pursuant to
4 the order of appointment, the responsibilities of a parenting coordinator
5 shall include collaborative dispute resolution in parenting. The parenting
6 coordinator shall act to empower the parties in resuming parenting controls
7 and decision-making, and minimize the degree of conflict between the parties
8 for the best interests of the children.
9 (4) The court shall allocate the fees and costs of the parenting coordi-
10 nator between the parties and may enter an order against either or both par-
11 ties for the reasonable costs, fees and disbursements of the parenting coordi-
12 nator.
STATEMENT OF PURPOSE
RS 11801
This bill establishes consistency and criteria for parenting
coordinators in divorce cases in the State of Idaho. It also gives
authority to the Idaho Supreme Court to further establish
qualifications for the parenting coordinators. Parenting coordinators
will act to assist parents in developing parenting skills, and to
assist them in collaborative dispute resolution for the best interest
of the children.
FISCAL IMPACT
None
Contact
Representative Kris Ellis
Phone: 332-1000
Senator Boatright Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 541