45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO DOMESTIC RELATIONS; PROVIDING FOR A NEUTRAL CORNER PROGRAM IN JUDICIAL DISTRICTS; MAKING AN APPROPRIATION.
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 [that establishes a
domestic relations mediation program pursuant to Section 5 of
the Domestic Relations Mediation Act] 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 neutral corner
program. Deposits to the fund shall include payments made
through the imposition of a sliding fee scale pursuant to
[Section 5 of the Domestic Relations Mediation Act] Sections
40-12-5 and 40-12-5.1 NMSA 1978 and the collection of the
surcharge provided for in Section [6 of that act] 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. [NEW MATERIAL] NEUTRAL CORNER PROGRAM.--
A. A judicial district may establish a "neutral corner program" by court rule approved by the supreme court. The neutral corner 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 or supervised. In a neutral corner 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 of the court the services of the neutral corner 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."
Section 3. Section 40-12-6 NMSA 1978 (being Laws 1987, Chapter 153, Section 6) is amended to read:
"40-12-6. [Section 6.] DOMESTIC RELATIONS MEDIATION
FEES--DISTRICT COURT CLERK TO COLLECT.--In addition to fees
collected pursuant to Section 34-6-40 NMSA 1978 for the
docketing of civil cases, [in any judicial district which has
established a domestic relations mediation program] the
district court clerk shall collect a surcharge of thirty
dollars ($30.00) on all new and reopened domestic relations
cases."