HB2256

THE CONTEXT: Legal decision-making is the legal right and responsibility to make all nonemergency legal decisions for a child. Parenting time refers to the amount of time during which each parent has access to a child.

WHAT THE BILL DID: The final vetoed version would prohibit a court from ordering any party to pay, without the party's consent, for therapeutic intervention in a legal decision-making or parenting time proceeding, specifies expert testimony relating to therapeutic intervention, child development, mental or physical health, domestic violence or substance abuse is only admissible in a legal decision-making or parenting time proceeding if: a) the expert has specialized expertise in child development and substantial clinical experience with children in therapeutic settings; and b) the expert's opinion is supported by the canons of their profession, adheres to the guidelines of their licensing board and relies only on theories that are clinically established, and require persons offering expert testimony, conducting an investigation or submitting a recommendation to the court to meet the qualifications established by this measure prior to performing these duties.

WHY IT MATTERED: The practical reason for this bill was to set a clear legal boundary for domestic proceedings instead of leaving the conduct unaddressed. It would prohibit a court from ordering any party to pay, without the party's consent, for therapeutic intervention in a legal decision-making or parenting time proceeding, and would also specifies expert testimony relating to therapeutic intervention, child development, mental or physical health, domestic violence or substance abuse is only admissible in a legal decision-making or parenting time proceeding if: a) the expert has specialized expertise in child development and substantial clinical experience with children in therapeutic settings; and b) the expert's opinion is supported by the canons of their profession, adheres to the guidelines of their licensing board and relies only on theories that are clinically established, rather than leave the current rule unchanged.