The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 267 Original 2024 Regular Session Barrow
Proposed law provides that upon the motion of any party, or on its own motion, the court may for
good cause shown or upon agreement of the parties require the parties in a custody or visitation
proceeding to attend and complete a court-approved traumatic child abusers program designated to
educate the parties, and assist in reunification between parent and child.
Proposed law provides that the court may render judgment for the costs of the program, or any part
thereof, against any party or parties as it may consider equitable.
Proposed law provides that the instructor shall not be called as a witness in the custody or visitation
proceeding without prior court approval.
Proposed law provides that if the court chooses to require participation in the program, it shall
outline in an order of the court the goals to accomplish the provisions of proposed law which shall
include but not be limited to the following:
(1)Criteria for evaluating a program provider and its instructors.
(2)Criteria to assure selected programs provide and incorporate into the provider's fee structure
the cost of services to indigents.
(3)The amount of time a participant shall take part in the program, which shall be a minimum
of three months.
(4)The time within which a party shall complete the program.
Proposed law provides for the definition of "instructor" for the purposes of proposed law.
Proposed law provides that the program shall focus on reunification of the child with the parent who
has been alienated, and address the child's trauma from this alienation. Proposed law provides that
the program shall be informative and supportive and shall direct people desiring additional
information or help to appropriate resources.
Proposed law provides that nonviolent acts or communications made during the program, which are
otherwise relevant to the subject matter of a divorce, custody, or visitation proceeding, are
confidential, not subject to disclosure, and may not be used as evidence in favor of or against a
participant in the pending proceeding. Proposed law does not require the exclusion of any evidence
otherwise discoverable merely because it is presented or otherwise made during the program.
Proposed law provides that in a proceeding in which joint custody is decreed, the court shall render a joint custody implementation order pursuant to proposed law.
Proposed law provides that the implementation order shall designate an interim domiciliary parent,
other than the parent required to participate in the program. Proposed law provides that the
domiciliary parent shall have authority to make all decisions affecting the child.
Proposed law provides that all major decisions made by the domiciliary parent concerning the child
shall be subject to review by the court upon motion of the other parent. Proposed law provides that
it shall be presumed that all major decisions made by the domiciliary parent are in the best interest
of the child.
Proposed law provides that the implementation order shall allocate the time periods during which
each parent shall have physical custody of the child.
Proposed law provides that during the period in which the parent is participating in the program,
child support is suspended and shall be redetermined at the completion of the program.
Effective August 1, 2024.
(Adds R.S. 9:331.3)