A704

An Act concerning a court liaison pilot program and supplementing Title 2B of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the "Grandparents' Court Liaison Program Act."

2. a. There is hereby established a court liaison program in the Family Division of the Administrative Office of the Courts to be known as the "Grandparents' Court Liaison Program."

b. The program shall be designed to: (1) advise and assist grandparents who are the primary caregivers of their grandchildren and who are parties to an action in any matter relating to child custody, support, visitation or the welfare of their grandchildren; and (2) as a means of reducing stress and minimizing expenses incurred by grandparents, ensure that only those matters relating to child custody, visitation and support that are not appropriate for mediation are heard by the court.

c. The purpose of the program shall be to promote an understanding of, among other topics:

(1) The types of matters that are suitable for court mediation;

(2) The costs of legal proceedings including arbitration and mediation costs;

(3) The grandparents' right to file for financial support from their grandchildren's parents at the same time as they file for custody;

(4) The authority of the court to order the parties to participate in mediation in appropriate instances; and

(5) Make recommendations to the parties concerning the appropriateness of the matter for mediation.

d. The Administrative Offices of the Courts shall provide counselors to facilitate the program purpose and may also provide information in written form.

3. a. A representative of the "Grandparents' Court Liaison Program" established pursuant to section 2 of P.L. , c. (C. ) (now pending before the Legislature as section 2 of this bill) shall screen each matter in which the custody, visitation, support or welfare of a child is an issue to determine whether a grandparent who is the primary care giver of their grandchild is a party to an action, and to determine the suitability of that matter for inclusion in the "Grandparents' Court Liaison Program."

b. Upon determining that a matter is suitable for inclusion in the "Grandparents' Court Liaison Program," the parties shall be notified of the date when they have been scheduled to meet with a program counselor. The notice shall state that neither participation in the "Grandparents' Court Liaison Program" informational component, nor participation in any program recommendation concerning mediation is mandatory.

c. If, following completion of the "Grandparents' Court Liaison Program," the parties agree to mediation, the matter shall be immediately scheduled for mediation.

4. a. Notwithstanding any other provision of law to the contrary, no person serving as a program representative in the "Grandparents' Court Liaison Program" established pursuant to section 2 of P.L. , c. (C. ) (now pending before the Legislature as section 2 of this bill) shall be liable for damages resulting from any exercise of judgment or discretion in connection with the person's duties unless the actions are fraudulent or evidence a reckless disregard for the duties imposed by the position. Nothing in this section shall be deemed to grant immunity to any program representative causing damage by that person's wilful, wanton or grossly negligent act of commission or omission.

b. No person serving as a program representative in the program shall solicit, accept employment from or counsel a program participant for a period of one year after the program participant has completed the program.

5. All communications made by any program participant during the course of attending the "Grandparents' Court Liaison Program," established pursuant to section 2 of P.L. , c. (C. ) (now pending before the Legislature as section 2 of this bill) are confidential and shall not be admissible as evidence in any court proceeding.

6. The Supreme Court of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purpose of this act.

7. This act shall take effect immediately.

STATEMENT

This bill establishes the "Grandparents' Court Liaison Program" in the Administrative Office of the Courts. The program is designed to (1) advise and assist grandparents who are the primary caregivers of their grandchildren and who are parties to an action relating to child custody, support, visitation or the welfare of their grandchildren, and (2) as a means of reducing stress and minimizing expenses incurred by grandparents, ensure that only those matters relating to child custody, visitation and support that are not appropriate for mediation are heard by the court.

Under the bill, a representative of the "Grandparents' Court Liaison Program" would screen each matter in which the custody, visitation, support or welfare of a child is an issue to determine whether a grandparent who is the primary caregiver of his grandchild is a party to an action, and to determine the suitability of that matter for inclusion in the "Grandparents' Court Liaison Program." The purpose of the program is to make recommendations to the parties concerning the appropriateness of the matter for mediation and promote an understanding of, among other topics: (1) the types of matters that are suitable for court mediation; (2) the costs of legal proceedings including arbitration and mediation costs; (3) the grandparents' right to file for financial support from their grandchildren's parents at the same time as they file for custody; and (4) the authority of the court to order the parties to participate in mediation in appropriate instances.