RELATING TO DOMESTIC RELATIONS; PROVIDING FOR A SUPERVISED VISITATION PROGRAM IN JUDICIAL DISTRICTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 40-12-4 NMSA 1978 (being Laws 1987, Chapter 153, Section 4) is amended to read:

"40-12-4. DISTRICT COURT DOMESTIC RELATIONS MEDIATION FUND CREATED.--A judicial district shall create a "domestic relations mediation fund" of the judicial district. Money in the fund shall be used to offset the cost of operating the domestic relations mediation program and the supervised visitation program. Deposits to the fund shall include payments made through the imposition of a sliding fee scale pursuant to Sections 40-12-5 and 40-12-5.1 NMSA 1978, distributions pursuant to Section 34-6-40 NMSA 1978 and the collection of the surcharge provided for in Section 40-12-6 NMSA 1978."

Section 2. A new section of the Domestic Relations Mediation Act, Section 40-12-5.1 NMSA 1978, is enacted to read:

"40-12-5.1. SUPERVISED VISITATION PROGRAM.--

A. A judicial district may establish a "supervised visitation program" by local court rule approved by the supreme court. The supervised visitation program shall be used when, in the opinion of the court, the best interests of the child are served if confrontation or contact between the parents is to be avoided during exchanges of custody or if contact between a parent and a child should be supervised. In a supervised visitation program, the district court may employ or contract with a person:

(1) with whom a child may be left by one parent for a short period while waiting to be picked up by the other parent; or

(2) to supervise visits among one or both parents and the child.

B. A parent may request the services of the supervised visitation program or the court may order that the program be used.

C. Parents shall pay the cost of the neutral corner program pursuant to a sliding fee scale approved by the supreme court. The sliding fee scale shall be based on ability to pay for the service. The fees shall be paid to the

district court to be credited to the fund."