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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Park

 

DATE TYPED:

03/07/03

 

HB

838

 

SHORT TITLE:

Protection Orders On Behalf Of Children

 

SB

 

 

 

ANALYST:

Fox-Young

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

.1 Minimal

Recurring

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

Attorney General (AG)

Department of Public Safety (DPS)

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 838 amends 40-13-3 of the Family Violence Protection Act, providing that the parent of a child who is a victim of domestic abuse may petition the court for an order of protection, upon a finding by the court that such action is in the best interest of the child. 

 

The bill also amends 36-2-27, which prohibits the unauthorized practice of law, to allow a parent to file for an order of protection on behalf of a child.  The bill limits such petitions to those filed pursuant to the Family Violence Protection Act.

 

     Significant Issues

 

The Administrative Office of the District Attorneys (AODA) reports that currently, a number of parents petition for orders of protection for themselves in order to protect their children.  The bill would allow parents to obtain orders of protection for children who are victims of domestic abuse.

 

FISCAL IMPLICATIONS

 

Courts will likely experience a small increase in workload as a result of an increase in filings.

 

To the extent that additional filings prompt an increase in litigation, courts, PDD and district attorneys may experience an increase in caseload and a need for additional resources.

 

TECHNICAL ISSUES

 

AG notes that Section 40-13-5, which establishes what action the court can take if it finds that domestic abuse has occurred, should be made consistent with Section 40-13-3, as amended.   40-13-5(A)(7) provides that the court may order injunctive relief the court deems necessary "for the protection of the petitioner;" however, the purpose of a petition filed by a parent on behalf of an abused child is to protect the child, not the petitioner.  AG suggests the subsection be amended to allow the court to order injunctive relief necessary for "the protection of the petitioner or the victim."

 

JCF/yr