Senate Study Bill 1033

PAG LIN



  1  1              SENATE CONCURRENT RESOLUTION NO. ___
  1  2         BY  (PROPOSED COMMITTEE ON JUDICIARY RESOLUTION
  1  3                   BY CO=CHAIRPERSON KREIMAN)
  1  4 A Concurrent Resolution requesting the legislative
  1  5    council to establish an interim committee to examine
  1  6    issues relating to the need for, benefits of
  1  7    establishing, and functions of a friend of the court
  1  8    agency to provide services to persons involved in
  1  9    domestic relations cases.
  1 10    WHEREAS, domestic relations and child custody issues have
  1 11 become increasingly complex with the introduction of joint
  1 12 physical care, parenting plans, mediation, parenting
  1 13 coordinators, collaborative divorce, and other related issues;
  1 14 and
  1 15    WHEREAS, pro se litigants comprise an increasing number of
  1 16 persons involved in domestic relations cases; and
  1 17    WHEREAS, resolving disputes in domestic relations matters
  1 18 by means other than litigation may be in the best interests of
  1 19 the children involved in domestic relations cases and may also
  1 20 serve to preserve judicial branch resources; NOW THEREFORE,
  1 21    BE IT RESOLVED BY THE SENATE, THE HOUSE OF REPRESENTATIVES
  1 22 CONCURRING, That the legislative council is requested to
  1 23 establish an interim committee to examine issues relating to
  1 24 the need for, benefits of establishing, and functions of a
  1 25 friend of the court agency to provide services to persons
  1 26 involved in domestic relations cases, to encourage and assist
  1 27 parties in voluntarily resolving domestic relations cases, and
  1 28 to compel the enforcement of parenting time and custody
  1 29 orders.  The committee may consider and make recommendations
  1 30 relating to the functions of such an agency, including the
  1 31 provision of legal forms and information relating but not
  1 32 limited to mediation and joint custody alternatives, the
  1 33 investigative and advisory functions of the agency including
  1 34 the preparation of reports, evaluations, and recommendations
  1 35 to the court, and the appointment of a referee authorized to
  2  1 hold hearings and hear motions, administer oaths, compel the
  2  2 attendance of witnesses and the production of documents,
  2  3 examine witnesses, and make recommendations to the court; and
  2  4    BE IT FURTHER RESOLVED, That the interim committee shall be
  2  5 composed of ten members, who shall be members of the general
  2  6 assembly; and
  2  7    BE IT FURTHER RESOLVED, That the interim committee is
  2  8 authorized to meet on five days and at least one authorized
  2  9 day shall be set aside to conduct a public hearing to receive
  2 10 oral and written testimony regarding the establishment of such
  2 11 an agency; and
  2 12    BE IT FURTHER RESOLVED, That the interim committee shall be
  2 13 staffed by the legislative services agency, with the
  2 14 assistance of any relevant state agency deemed necessary by
  2 15 the committee, and shall conduct its deliberations during the
  2 16 2005 legislative interim.  The interim committee shall submit
  2 17 its report to the general assembly no later than November 15,
  2 18 2005.
  2 19 LSB 1528SC 81
  2 20 rh/pj/5