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."