Custody and visitation proceeding; parenting education programs

A. Upon the motion of any party, or on its own motion, the court may for good cause shown or upon agreement of the parties require the parties in a custody or visitation proceeding to attend and complete a court-approved program designed to educate and inform the parties of the needs of the children. The court may render judgment for the costs of the program, or any part thereof, against any party or parties as it may consider equitable. The instructor shall not be called as a witness in the custody or visitation proceeding without prior court approval. B. If the court chooses to require participation in such a program, it shall adopt rules to accomplish the goals of Subsection A of this Section, which rules shall include but not be limited to the following: (1) Criteria for evaluating a program provider and its instructors. (2) Criteria to assure selected programs provide and incorporate into the provider's fee structure the cost of services to indigents. (3) The amount of time a participant must take part in the program, which shall be a minimum of three hours. (4) The time within which a party must complete the program. C. For purposes of this Section, "instructor" means any psychiatrist, psychologist, professional counselor, social worker licensed under state law, or in any parish other than Orleans, means a person working with a court-approved, evidence-based nonprofit program, or a court-approved nonprofit program of an accredited university created for educating parents. All instructors must have received advanced training in instructing co-parenting or similar programs. D. The program shall focus on the developmental needs of children, with emphasis on fostering the child's emotional health. The program shall be informative and supportive and shall direct people desiring additional information or help to appropriate resources. The course content shall contain but not be limited to the following subjects: (1) The developmental stages of childhood, the needs of children at different ages, and age appropriate expectations of children. (2) Stress indicators in children adjusting to divorce, the grief process, and avoiding delinquency. (3) The possible enduring emotional effects of divorce on the child. (4) Changing parental and marital roles. (5) Recommendations with respect to visitation designed to enhance the child's relationship with both parents. (6) Financial obligations of child rearing. (7) Conflict management and dispute resolution. E. Nonviolent acts or communications made during the program, which are otherwise relevant to the subject matter of a divorce, custody, or visitation proceeding, are confidential, not subject to disclosure, and may not be used as evidence in favor of or against a participant in the pending proceeding. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented or otherwise made during the program. Acts 1995, No. 766, §1, eff. July 1, 1995; Acts 1999, No. 276, §1; Acts 2019, No. 239, §§1, 2. NOTE: Former R.S. 9:306 redesignated as R.S. 9:331.2 by Acts 2019, No. 239, §2.