Rule 16.4. Divorcing and separating parents' education program

(a) Parent education program. There shall be a Department of Services for Children, Youth, and Their Families (DSCYF) certified parent education program required for parents in custody and visitation proceedings.

(1) Parents. Both parties to a custody or visitation proceeding shall participate in a DSCYF certified education program. Each party shall pay the provider of the parent education program, according to a DSCYF approved schedule of fees, for their individual participation. The DSCYF approved fees shall have a "sliding scale" provision.

(2) Scheduling and attendance. Each party shall be provided with a list of DSCYF certified education program providers, and shall be responsible for arranging enrollment in a particular course.

(3) Completion of program. All participants completing a DSCYF certified program shall be given a certificate of completion verified by the provider. The petitioner, by the filing of a custody petition, voluntarily submits to the jurisdiction of the Court, and shall complete the education program. The petitioner and respondent shall each submit his or her original copy of the certificate of completion prior to the final hearing.

(4) Waiver. The requirement under this Rule may be waived by Court order upon a showing of good cause. Parties seeking a waiver shall file a motion consistent with Family Court Civil Rule 7(b). A party may also file a motion requesting the Court recognize a comparable education program. Such motion shall attach the program's curriculum and shall be filed consistent with Family Court Civil Rule 7(b).

(5) Previous completion of program. A litigant having previously completed a DSCYF certified education program may request from the Court a copy of the certificate if it was filed with the Court in a prior matter. The copy may then be filed in the pending action. If the certificate of completion was not previously filed with the Court, the litigant shall submit a copy of the original certificate, certified by the provider, in satisfaction of the requirement under this Rule.

(b) Failure to comply. Failure to comply with the Rule may result in dismissal of the petition before the Court. History. Added, effective Sept. 3, 1996; amended, Mar. 1, 2006; Aug. 1, 2006; Nov. 28, 2007; amended, Oct. 5, 2017, effective Jan. 1, 2018.