Parenting Education Approval Under the Nebraska Parenting Act (2007)

Parenting Education Approval Under the Nebraska Parenting Act (2007)

A. Name of Educational Component: LB 554 Parent Education Guidelines and Approval Process

B. Statutory Authority: Subsection (3) of Nebraska Revised Statute §43-2928 (2007) states: "The State Court Administrator's Office shall approve all parenting and child of divorce education courses under the act." The Parenting Act makes attendance at basic level parent education courses mandatory for all parties to a proceeding under the Parenting Act (Section 43-2928 (1)). Attendance at a second-level parenting education course discretionary by the court. (Subsections (2) of §43-2928).

The Act sets forth descriptions of content of these courses as follows:

Subsection (4) states: "The basic level parenting education course pursuant to this section shall be designed to educate the parties about the impact of the pending court action upon the child and appropriate application of parenting functions. The course shall include, but not be limited to, information on the developmental stages of children, adjustment of a child to parental separation, the litigation and court process, alternative dispute resolution, conflict management, stress reduction, guidelines for parenting time, visitation, or other access, provisions for safety and transition plans, and information about parents and children affected by child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict."

Subsection (5) states: "The second-level parenting education course pursuant to this section shall include, but not be limited to information about development of provisions for safety and transition plans, the potentially harmful impact of domestic intimate partner abuse and unresolved parental conflict on the child, use of effective communication techniques and protocols, resource and referral information for victim and perpetrator services, batterer intervention programs, and referral s for mental health services, substance abuse services, and other community resources.''


C. Implementation Process: An LB 554 Parent Education Guidelines Subcommittee was formed in June 2007 under the auspices of the State Court Administrator's Office to provide recommendations to the State Court Administrator for approval of parenting education. The Subcommittee's recommendations are contained within this document. Committee members represented a multi-disciplinary family law, education, and mediation background, as follows: David Hubbard, attorney and family law mediator, Omaha and Lincoln; Grant Story, professional educator for divorcing parents, Omaha; Michelle Zinke, professional educator for children in domestic relations and abuse; Mona Callies, adult education dean, Lincoln; Suzanne Curran Carney, attorney and mediator, Grand Island; Toni Ahrendt, professional probation and social work for families in domestic abuse, Lincoln; Debora Denny, attorney, mediator and educator, Lincoln; and Cindy Strasheim, child and family educator for divorcing parents, Loop City; and Romney Olson, child and family educator and mediator, Lincoln. This committee's recommendations were submitted for review to Carole McMahon-Boies, Judicial Branch Education director; whose recommendations have been incorporated in this draft.

D. Educational Objectives and Provider Guidelines:  The statutorily required educational objectives and provider guidelines are indicated below by an underlined statement. Additional educational components which are optional are itemized with each required educational objective.

1.         Basic Level Parenting Education

a.         Objectives: Parents who attend this educational course will:

  • Learn about the potential impact of the court action (separation/divorce) upon a child

Additional elements under this objective may include:

o To what extent should kids be involved in the court action

o Empowering parents

o Using a child centered approach

o Safety

  • Identify ways to appropriately address parenting functions

Additional elements under this objective may include:

o Basic Parenting Education

o Parenting functions as outlined in the statute

  • Identify the developmental stages of children

Additional elements under this objective may include:

o What is "normal" behavior?

o Ages and stages and the ranges of these stages

o Impact of crisis such as divorce upon the stages of the child's development

o Consideration of the child(ren)'s stage(s) of development when designing the Parenting Plan

  • Learn about ways to support the child's adjustment to parental separation
  • Identify the elements of the court process in terms of the Parenting Plan

Additional elements under this objective may include:

o Elements of a parenting plan

o Guidelines for parenting time/visitation/or other access

o How to create a parenting plan (parental negotiation, attorney negotiation, mediation, specialized alternative dispute resolution (SADR), litigation)

  • Learn about alternative dispute resolution; conflict management; stress reduction; appropriate language usage and positive communication

Additional elements under this objective may include:

o Use of “I" messages and alienation)

o Interest based negotiation techniques

  • Provisions for safety and transition plans
  • Information about parents and children affected by child abuse/neglect/domestic intimate partner abuse (DIP A)/unresolved parental conflict

Additional elements under this objective may include:

o Mandatory reporting requirements

o Effects of DIP A and child abuse/neglect at different stages of development

o On going persistent parental conflict and its impact on children

o Definitions/terms: domestic intimate partner abuse vs. high conflict

  • Include resources and references for those wanting to get more information from web sites and books
     

b.         Provider Guidelines

  • Each Parent Education Provider must address specific safety issues during the intake process and throughout the educational experience.

o To include but not limited to offering separate classes for either party in a case

o Screening questions to assess presence of domestic intimate partner abuse1

o Safety measures are in place at the site and time of the class.

  • On-line and in person formats will be eligible for approval
  • Each provider must provide a written proof of completion for each participant
  • Divorce parenting education courses approved by other states' courts will automatically meet Nebraska's standards unless significantly different
  • Providers must submit significant curriculum modifications to the AOC for approval Parenting Act mandated basic level classes must be at least two (2) hours in length and no more than six (6) hours in length
  • Providers are encouraged to offer participants the opportunity to evaluate the course. Education Class Facilitator Qualifications shall include:

o Bachelor’s degree required in children and family, psychology, sociology, social work related field or equivalent

o Master’s degree preferred in children and family, psychology, sociology, social work related field or equivalent OR equivalent experience in one of the above listed areas

o Exceptions to these requirements will be reviewed on a case by case basis and approved by the AOC Parent Education Committee

o Must submit three written references

o Child welfare background check must be done for those facilitating the child of divorce course

o Knowledge required in the following fields: Domestic Violence; Mediation and Specialized ADR under the Nebraska Parenting Act; Parenting Plans; Family Dynamics; Understanding of mandatory reporting requirements; Parental Conflict


2.         Second-Level Parenting Education

a.         Objectives: Parents who attend this educational course will:
 

  • Identify the "why" and "how" to develop provisions for safety and transition plans

Additional elements under this objective may include:

o As it applies to the parenting plan

o Examples of safe transitions

o Parallel parenting

o Options if plan is violated

  • Identify the potential harmful impact of domestic intimate partner abuse and unresolved parental conflict on the child

Additional elements under this objective may include:

o Definition of terms

o Developmental stage specific effects

o Resiliency factors

o Joint and sole custody behaviors

o Purpose of child support and ways to defuse unnecessary conflict

  • Learn effective communication techniques and protocols

Additional elements under this objective may include:

o Plan for communicating about the needs of children

o Safe communication for all parties with examples

  • Become aware of resource and referral information for victim, perpetrator, and batterer services

Additional elements under this objective may include:

o Victim services

o Perpetrator Services

o Batterer Intervention Programs

o Referrals for mental health services, substance abuse services, and other community resources\


b.         Provider Guidelines

  • An increased level of security should be provided in relation to the second-level parenting course
  • .Alternative approaches need to be taken in the second-level parenting course in relation to men and women (victim/batterer); with specific separate classes scheduled for men and separate classes for women
  • Providers are encouraged to offer participants the opportunity to evaluate the course. A minimum of a two (2) hour and a maximum of a six (6) hour course Education Class Facilitator Qualifications shall include:

o Bachelor’s degree required in children and family, psychology, sociology, social work related

field or equivalent

o Master’s degree preferred in children and family, psychology, sociology, social work related field

or equivalent OR equivalent experience in one of the above listed areas

o Exceptions to these requirements will be reviewed on a case by case basis and approved by the

AOC Parent Education Committee

o Must submit three written references

o Child welfare background check must be done for those facilitating the child of divorce course

o Knowledge required in the following fields: Domestic Violence; Mediation and Specialized

ADR under the Nebraska Parenting Act; Parenting Plans; Family Dynamics; Understanding of

mandatory reporting requirements; Parental Conflict


E.   Administrative Office of the Courts Approval Process

1. Ongoing: July 1, 2008 and following fiscal years

Education providers may submit an application of their course offering(s) for approval by the State Court Administrator. Submit the application packet to:

Nebraska Administrative Office of the Courts and Probation
ATTN: Office of Dispute Resolution, Parent Education
P.O. Box 98910
Lincoln, NE 68509-8910

Email submissions to nsc.odr@nebraska.gov will also be accepted.

The required components of the application packet include:

1. Provider Information Sheet
a. Contact Information
b. Education course(s) being requested for approval
c. Language(s) course is provided in
d. Course schedule (date, time, location, cost and availability of sliding fee or fee wavier)
e. Facilitators/Educators (names, contact information, relationship, and educational background)
f. Facilitators/educators that have not been previously approved must submit three letters of reference.

2. Educational Objectives and Provider Guidelines/Statement of Compliance
a. Basic Level Parenting Education
b. Second Level Parenting Education
c. Online

Notification of application status will be sent within 30 days of receipt of application via United State Postal Service.

Approvals are for a calendar year.

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1 Nebraska Domestic Abuse Sexual Assault Coalition is a possible resource for screening questions