CHAPTER 106
HB 174 – FINAL VERSION
15 Feb 2011… 0109h
2011 SESSION
05/03
HOUSE BILL 174
AN ACT relative to insurance coverage for court-ordered counseling in divorce proceedings.
SPONSORS: Rep. A. Perkins, Rock 14; Rep. Comerford, Rock 9
COMMITTEE: Commerce and Consumer Affairs
This bill provides that if the court orders the parties to a divorce or parental rights case to participate in counseling, the court shall give due consideration to selecting a counselor who accepts direct payment from the parties’ health insurance carrier.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15 Feb 2011… 0109h
11-0664
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to insurance coverage for court-ordered counseling in divorce proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
106:1 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. If the parties are insured, the court shall give due consideration to selecting a counselor who accepts direct payment from the parties’ health insurance carrier.
106:2 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. If the parties are insured, the referral shall be made with due consideration to identifying a counselor who 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.
106:3 New Paragraph; Parental Rights and Responsibilities. Amend RSA 461-A:4 by inserting after paragraph II the following new paragraph:
III. If the parties are insured and the parenting plan directs the parties to participate in counseling, the court shall give due consideration to selecting a counselor who accepts direct payment from the parties’ health insurance carrier.
106:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 31, 2011
Effective Date: July 30, 2011