House of Representatives

HB 2259

children in foster care

Sponsors: Representative Johnson

X	Committee on Human Services
	Caucus and COW
	Third Read
	As Passed the House

HB 2259 requires a child welfare agency or case manager to furnish a caregiver, foster parent or birth parent with access to all information kept in a child’s file if requested and assigns a class two misdemeanor for any employee who changes information within the file.

Proposed Strike-everything Amendment to HB 2259

History

The proposed strike-everything amendment to HB 2259 strikes existing language that authorizes the court to determine custody of a child in divorce proceedings and replaces it with new language on the adoption of parenting plans that emphasize mutual cooperation in raising a child.

Provisions

· Requires the court, in a divorce proceeding, to adopt a parenting plan or if the parents cannot agree on one plan, permits each parent to submit separate plans.

· Stipulates the parenting plan must include the following:

Ø Each parent’s responsibility for the child’s personal care and decision making areas of education, health care, and religious training.

Ø Schedule of child’s physical residence, including vacations and holidays and provisions for communication between each parent and the child.

Ø Procedure for parents to resolve disputes about proposed changes.

Ø Procedure for periodic review of the plan by the parents.

· Clarifies the court shall adopt the plan originally or modified according to the best interests of the child and prohibits the court from preferring one parent to another because of gender.

· Outlines plan factors similar to those in existing child custody statute in which the court shall consider with the addition of the following provisions:

Ø Parental discouragement for contact with the other parent is contrary to the best interests of the child.

Ø Which parent is more likely to promote a civil and accommodating relationship with the other parent to protect the child from parental conflict effects.

Ø Which parent is likely to refrain from speaking derogatorily about the other parent.

Ø Willingness and ability of each parent to provide for the child’s care.

· Establishes rebuttable presumptions for deciding the best interests of a child on contested provisions of a plan including the following:

Ø The parent with whom the child is presently residing makes decisions on day-to-day care and control of the child.

Ø The parents share decision-making authority for major life decisions.

Ø The parents resolve disputes as outlined in parenting plan.

Ø The child is entitled to contact and residential time with each parent at least comparable with the time stipulated in the parenting model adopted by the courts.

· Requires Legislative Council to prepare proposed legislation to conform statutes to this act for the next regular session.

· Makes technical and conforming changes.

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45th Legislature

Second Regular Session 2 March 27, 2002

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