HB 1556 – AS INTRODUCED
2010 SESSION
05/09
HOUSE BILL 1556
AN ACT restricting courts from ordering counseling not covered by the parties’ health insurance.
SPONSORS: Rep. A. Perkins, Rock 14; Rep. L. Perkins, Rock 14; Rep. Comerford, Rock 9; Rep. Weare, Rock 14
This bill prohibits the court from ordering parties to a divorce or child support proceeding to participate in counseling not covered by the parties’ insurance.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2222
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT restricting courts from ordering counseling not covered by the parties’ health insurance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Causes for Divorce; Reconciliation; Counseling. Amend RSA 458:7-b to read as follows:
458:7-b Reconciliation. Whenever, before or during a hearing but before a final decree, the court shall determine that there is a likelihood for rehabilitation of the marriage relationship, the court shall refer the parties to an appropriate counseling agency within its jurisdiction, which referral may be made according to RSA 167-B or as the parties request, with the approval of the court. If the court determines that there is a reasonable possibility of reconciliation, the court shall continue the proceedings and require that both parties submit to marriage counseling, provided that the counselor accepts direct payment from the parties’ health insurance carrier.
2 Marriage Counseling Referral Service. Amend RSA 167-B:1 to read as follows:
167-B:1 Service Established; Court Referrals. Whenever a petition for divorce or petition for legal separation has been filed with the superior court the presiding justice or his or her authorized representative, subject to rules to be established by the superior court, pending a hearing upon the merits, shall exercise his or her discretion to determine if the matter before the court shall be referred for marriage counseling to an approved family service agency within the jurisdiction of the court. The referral shall be made only if the counselor accepts direct payment from the parties’ health insurance carrier. Any such referral shall be binding upon the petitioner and upon any petitionee who enters an appearance or otherwise submits himself or herself to the court’s jurisdiction.
3 New Paragraph; Parental Rights and Responsibilities. Amend RSA 461-A:4 by inserting after paragraph II the following new paragraph:
III. No parenting plan shall require a parent to participate in counseling unless the service provider accepts direct payment from the parties’ health insurance carrier.
4 Effective Date. This act shall take effect 60 days after its passage.