For further information, please contact
the constituent who provided this copy of
the proposed Uniform Parental Rights
Enforcement and Protection Act (UPREPA),
or contact the co-author:

Robert Muchnick
Executive Director
Center for Children's Justice, Inc.
12 Broadway, Suite 201
Denver, CO 80203
(303)525-4573
http://www.childrensjustice.org/

=============

        Uniform Parental Rights Enforcement and Protection Act

The following represents "model legislation" proposed to the 50 States of
the United States of America, along with federal oversight requirements
(following the main body of the proposed legislation) similar to that
proposed, passed and enacted under the UCCJA - Uniform Child Custody
Jurisdiction Act.
   
              PROPOSED UNIFORM STATE STATUTORY LANGUAGE

ACTIONS ABOLISHED - CHILD CUSTODY - EXCEPTIONS - INHERENT RIGHTS OF CHILD

Legislative Declaration

101. Legislative Declaration The remedies provided by law on or before
enactment of this legislation, for the enforcement of actions based upon
issues of custody of children after dissolution of marriage or legal
separation, or in the case of unmarried birth of children, have been
subjected to grave abuses, caused extreme annoyance, embarrassment,
humiliation, and devastating psychological, emotional, mental and pecuniary
damage to many persons wholly innocent and free of any wrongdoing who were
merely the victims of circumstances, and have been exercised by unscrupulous
persons for their unjust enrichment, vengeance or other venal purpose
contrary to the interests of the child, and have furnished vehicles for the
commission or attempted commission of crimes against children and parents
and in many cases have resulted in the perpetuation of frauds.

It is, therefore, hereby declared as the public policy of the state that the
best interests of the people of the state, and especially the minor children
of the state, will be served by the abolition thereof, except in the below
defined and proven circumstances.

Consequently, in the public interest, the necessity for the enactment of
this Act is hereby declared as a matter of legislative determination.

Definition and interpretation of terms

102. Definition and interpretation of terms. As used in this act, unless the
context otherwise requires, the term: (a) "Parent" shall mean the natural,
biological parent of a child, or the duly adoptive parent of a child
pursuant to this state's adoption statutes, but shall not be construed to
mean a foster parent as defined in the statutes of this state, or a parent
whose parental rights have been terminated pursuant to statute.  (b) "Child"
shall mean the natural, biological child of a parent, or the duly adopted
child of a parent pursuant to this state's adoption statute, but shall not
be construed to mean the child of a parent whose parental rights have been
terminated pursuant to statute.  (c) "Inherent rights" shall mean the
natural, fundamental, inalienable right of the child to a full relationship
with each parent, and the natural, fundamental, inalienable right of the
parent to a full relationship with the child, which may be abridged only in
the case of the existence of certain exceptions as more fully set forth in
this Act.  (d) The "inherent relationship" shall mean the natural,
fundamental, inalienable child-parent relationship, providing the child
approximately equal access to each parent.

Acts Of The Legislature
   
   103. Rights of children to parental contact. The general assembly
   hereby finds and declares that children are endowed with certain
   inalienable rights, among them the natural, fundamental and
   inalienable right to a full and complete, inherent relationship with
   and full access to both its parents both during marriage and following
   dissolution of marriage or separation, and at all times for children
   born out of wedlock. This right of the child extends to essentially
   equal access to each parent to enjoy the love, affection, attention
   and contact between the child and each parent, and this right of the
   child shall not be abridged by the courts of this state, nor by any
   other agency or division of the state, nor by a parent of the child or
   any other person, except in the circumstances as described in section
   109.
   
   104. Custody of the child abolished. Except as provided for in section
   109, separate custody of the child by one parent is hereby abolished.
   A child shall continue to enjoy its inherent rights in and to its
   parents, and each parent shall continue to enjoy its inherent parental
   rights in and to its child, and, as provided by law, each parent shall
   continue to exercise its parental responsibilities and obligations to
   its child, subsequent to dissolution of marriage or separation, and at
   all times in the case of a child born out of wedlock, subject to the
   provisions of this Act.
   
   105. Civil causes for custody of children abolished. All civil causes
   of action for custody of children, whether at law or in equity for
   separate custody of the child between parents or between a parent and
   another party claiming a right to bring such action, and whether as
   part of a proceeding for dissolution of marriage as provided for in
   statute, or as part of a post-decree action, or as an independent
   action by a person other than a child's parent or by the state or any
   agency thereof, are hereby abolished, except as provided for in
   [Insert statute on child dependency from juvenile law].
   
   106. Effect on existing orders for custody and parenting time. Except
   as otherwise provided for in this Act, all judgments, decrees, and
   orders, whether interlocutory or final in character, awarding custody
   of the child to one parent as against the other, or to a person not a
   parent, wherein the judgment, decree or order was based on a lesser
   standard of proof than is called for in section 109, and all claims or
   causes of action for sole or joint custody, whether such claim or
   cause of action arose within or without this state but which affects
   the rights of persons subject to the jurisdiction of the courts of
   this state, are declared to be contrary to the public policy of this
   state and absolutely void.
   
   107. Rights of children in non-intact families. The general assembly
   hereby declares that children whose parents are dissolving or have
   dissolved their marriage or are separated, and children born out of
   wedlock, have certain inalienable rights in the determination of their
   continued relationship with each parent, including the right to have
   such determinations based upon the inherent right of the child to its
   inherent relationship with, and the care, companionship, control and
   nurture of the child by, each parent.
   
   108. Best Interests of child. The general assembly finds and declares
   that it is in the best interest of all parties and all children to
   encourage frequent and continuing contact between each parent and the
   minor children of the marriage after the parents have separated or
   dissolved their marriage, and that it is in the best interest of
   children born to an unmarried mother to have frequent and continuing
   contact with both parents. In order to effectuate this goal, the
   general assembly urges parents to share the rights and
   responsibilities of childrearing and to encourage the love, affection,
   and contact between the children and the parents. The General Assembly
   hereby finds and declares that separation of a child from a parent
   after divorce or unmarried birth can and likely will endanger the
   child's physical health and significantly impair the child's emotional
   development.
   
   109. Exceptions. The fundamental child-parent relationship, the
   inherent relationship, may be altered or abridged by operation of law
   solely in the following circumstances. The standard of proof of a
   claim of abuse or neglect by a parent shall be beyond a reasonable
   doubt as established by conviction for a criminal offense, and there
   shall be an absolute presumption of innocence absent such degree of
   proof.
   (1) Death of both parents. In the event neither parent of a child is
   living, custody of a child may vest with the legal custodian of the
   child, pursuant to [cite state-specific Statute on non-parental
   custody requirements], or the state, pursuant to [cite state-specific
   Statute on juvenile dependency].
   (2) Abuse or neglect of the child. In the event a parent has been
   proven to have abused the child under [Insert state-specific cite on
   physical and sexual abuse of children] or neglected the child under
   [Insert state-specific cite on neglect of children], and has been
   convicted under said statutes, the court may enter an order for
   custody of the child solely to the other parent, subject to the
   provisions of this Act; or, in the event both parents have been proven
   to have abused or neglected the child, and have been convicted under
   either of said statutes, the court may enter an order for custody of
   the child as provided for in [Insert cite of non-parental custody
   award criteria], subject to the provisions of this Act. If the court
   enters an order for custody of the child pursuant to this subsection,
   the court shall enter an order for parenting time to either or both
   parents, unless the court finds by clear and convincing evidence that
   the child is unable to tolerate contact with that parent. The
   provision for parenting time entered pursuant to this subsection shall
   be in conformance with section 111.
   (3) False allegations. False allegations of abuse or neglect in a
   dissolution of marriage proceeding or proceeding to determine a
   child's relationship with a parent shall operate as an absolute bar to
   a parent's right to make decisions regarding the child's upbringing,
   including but not limited to the child's education, religious training
   and medical treatment. For the purpose of this Act, a "false
   allegation" is one that is either known to be false or one that a
   reasonable person should have known is false. By way of example but
   not enumeration, a finding by state child protective services that the
   alleged abuse was "not substantiated", or any disposition under a
   lower standard of evidence (such as "unfounded", or "closed without
   investigation"), or failure to report the alleged abuse
   contemporaneously with the act alleged to the police and/or child
   protective services shall be deemed conclusive evidence of the falsity
   of the claim so made. A parent so barred shall nonetheless be entitled
   to reasonable parenting time not inconsistent with protecting the
   child from further false abuse or neglect allegations, the terms of
   which shall be defined with specificity by the court along with
   procedures to prevent further false reports under section 109. A
   second false allegation as defined herein, notwithstanding the court's
   protective procedures, by the same parent, shall operate to
   permanently bar parenting time of the child so involved by that parent
   in addition to the previous penalties imposed.
   (4) Imprisonment of a Parent. Imprisonment of a parent for offenses
   not related to child neglect or abuse shall operate to suspend that
   individual's parental rights and responsibilities during the time of
   such imprisonment, with all rights and responsibilities being restored
   under this Act at the time of their release from confinement.
   
   110. Rights of persons whose parental rights are terminated.
   Notwithstanding any provision of law to the contrary, a parent whose
   parental rights have been previously terminated may bring action to
   restore those rights, if termination of parental rights was based on a
   lesser standard of proof than is called for in this Act.
   
   111. Implementation of protective measures. Upon a finding by a court
   of competent jurisdiction that protective measures are required to
   insure the safety of the children while in the care, custody or
   control of one or both parents, the court shall enter upon the record
   of such proceedings the complete findings of fact and conclusions of
   law which gave rise to the implementation of such protective measures.
   Such protective measures may include supervision of parenting time.
   Such measures shall be designed in the most minimally invasive manner
   to provide the protections deemed necessary. Any order for protective
   measures shall, in addition, set forth in detail the conditions which
   shall be deemed proof of rehabilitation of the parent, or a time
   certain for the cessation of the protective measures without further
   proceedings, or both. Notice by the parent subject to protective
   measures of that parent's satisfaction of the conditions of the order
   for cessation of protective measures, accompanied by motion for the
   cessation of said measures, shall constitute a rebuttable presumption
   of the satisfaction of the conditions precedent for the cessation of
   protective measures.
   
   112. Parenting Plans. (1) All litigants in a dissolution of marriage
   or post-decree proceeding involving children shall submit a proposed
   parenting plan for the minor children. Said plan shall set forth with
   specificity the educational and religious upbringing of the children
   involved, along with a specific schedule during which each child shall
   be resident with each parent. All such plans shall include
   comprehensive alternate dispute resolution procedures in the event of
   conflicts. The court shall admit and enforce any parenting plan agreed
   to by the parties unless it finds that the plan submitted is unjust or
   unconscionable on its face at the time it is submitted. A submitted
   plan may be accepted or rejected only in total. If the parties to such
   a proceeding are unable to agree upon the terms of such a parenting
   plan, the parenting plan set forth in subsection(2) of this section
   shall be imposed by the court until such time as an alternative plan
   is agreed to and accepted by the court.
   (2) The following parenting plan, as set forth in this subsection (2),
   shall be ordered by the court in the event the parties are unable to
   agree upon a parenting plan.
   (a) The children shall alternate residence with each parent on each
   calendar Wednesday at 6:00 PM, except during one four week period
   during the summer school break when each parent shall have residence
   for one uninterrupted two-week period for the purpose of summer
   vacation.
   (b) If multiple children are involved in the dispute all children
   shall rotate with each parent such that all related children are
   present in each household at the same time.
   (c) Neither parent shall hinder, infringe upon or prevent reasonable
   private telephonic or other communication between the children and
   parent not currently the resident parent.
   (d) Neither parent may move beyond the school district boundaries in
   which the children reside at the initiation of proceedings so as to
   cause the child's school district to change without written agreement
   of the other parent, nor may either parent withdraw the children from
   the school district of their current attendance without permission of
   the other parent in writing.
   (e) Each parent shall be solely responsible for all expenses and costs
   of the children while they are in their respective care, including
   clothing, food, shelter, education, child care and elective
   activities.
   (f) Neither parent shall, without the prior consent of the other
   parent, schedule elective activities during the parenting time of the
   other parent that would infringe upon that parent's access to or time
   with the child.
   (g) Extraordinary medical and other expenses, which are not of a
   discretionary nature, shall be apportioned in equal amounts to both
   parents, and such amounts, if unpaid, shall constitute a judgment for
   said amounts against a parent. It shall be an absolute defense to such
   an assessment that (1) the expense was voluntary or discretionary in
   nature (including but not limited to cosmetic procedures, trips,
   enrichment activities or the like), (2) the expense was required by
   medical necessity but was not an emergency requiring immediate action
   to protect life or health and the other parent was not notified and
   consulted, or was not a full partner to the decision to undertake the
   expense, or, if consultation was attempted but agreement was not
   reached, the dispute was not subjected to the resolution procedures in
   the parenting plan. No part of this clause shall operate to inhibit
   the immediate provision of necessary emergency medical care.
   (h) Routine medical and related expenses (e.g. dental cleanings, etc.)
   shall be equally apportioned to each parent. Neither parent shall
   undertake any such expense or activity without full consultation with
   and agreement by the other parent.
   (i) Each parent shall be responsible for physically retrieving the
   children from the other or their activities at said time of exchange,
   and all costs occasioned by the nonperformance or late arrival of a
   parent for pickup shall be taxed to the non-performer as a money
   judgment.
   (j) All parental responsibility shall terminate upon each child
   reaching the age of 18 years, with any further parental responsibility
   or expense being at the discretion of each parent. Neither parent
   shall be obligated to incur post-secondary educational expense on
   behalf of the child.
   (k) Dispute resolution.
   (I) Disputes arising from the attempted implementation of this plan
   shall be submitted to an arbitrator named by the court.
   (II) The arbitrator is permitted to tax equally to the parties the
   costs of arbitration at a rate not to exceed $100 per hour.
   (III) Both parties shall submit their positions to the arbitrator in
   written form, along with all supporting evidence for their position,
   and the arbitrator shall render a decision within a reasonable amount
   of time, which shall not exceed five business days.
   (IV) The arbitrator's decision shall set forth in detail the findings
   of fact that are used to reach the decision rendered, citing the
   provided evidence, along with the decision itself.
   (V) If either party disagrees with the arbitrator's decision they may
   commencelegal proceedings for further relief by motion to the court.
   (VI) The court may require by way of injunction or other order that
   either party or both parties comply with an arbitration decision
   pending judicial review.
   
   113. Move-aways. Except by agreement of the parties, neither parent
   may move the child's physical residence from the school district where
   the child resided at the time of the initial filing for dissolution,
   nor may either parent withdraw the child or children from their school
   of habitual attendance without the written consent of the other
   parent. The following rules shall govern all such requests and
   attempts:
   (a) For children more than six months of age, the situs and residence
   shall be deemed to be their habitual residence in the six months
   preceding the filing of the dissolution or parenting action. For
   children under six months old, their residence shall be determined as
   the habitual residence of the mother in the six months preceding the
   filing of the action.
   (b) No act or move by a parent and/or children immediately preceding
   the filing of a petition shall operate to establish their habitual
   residence.
   (c) A parent who moves his or her personal residence without the child
   or children involved shall be presumed to have abandoned equal custody
   and parenting of the child so involved. Such a parent:
   (I) Shall be assessed all costs of implementing his or her parenting
   time with the child.
   (II) Shall be assessed child support pursuant to state statute should
   that parent fail to exercise substantially equal shared parenting.
   Such child support shall not include the direct expense of
   implementing his or her parenting time subsequent to the move.
   (III) Shall not impede the ordinary educational and extracurricular
   activities of the child or children so involved.
   (d) A parent shall be deemed to have moved his or her residence if
   that parent substantially abandons his or her previous address,
   registers to vote in another state or locale, registers a motor
   vehicle in another state, obtains an occupational license in another
   state, or becomes domiciled under the provisions of state law in a
   foreign state.
   (e) A parent shall not be deemed to have violated the provisions of
   this section if that parent moves his or her residence within the
   school district boundaries of the children's habitual residence and
   provides at least 7 days prior written notice to the other parent of
   both his or her intent to do so and the moving parent's new address.
   (f) A parent who attempts to violate the provisions of this section,
   whereby that parent removes or attempts to remove the children from
   their habitual residential locale, shall be subject to indictment and
   trial for the crime of parental abduction under [Insert state statute
   for parental abduction].
   (g) A parent who previously had been non-resident in the child's and
   other parent's habitual domicile may restore their parental rights and
   responsibilities by moving his or her personal residence within the
   school district boundary of the child or children so involved. A
   parent intending this act must notify the other parent in writing at
   least 30 days prior to effectuating such a move.
   (h) A parent who is the resident parent of the child, where the other
   parent has voluntarily abandoned shared residency and shared
   parenting, may move on an unrestricted basis with the children
   provided that:
   (I) The move will not substantially increase the difficulty in
   exercising parenting time by the other parent, AND
   (II) They have not been served notice under subsubsection (g) that the
   other parent intends to return to the area where the residential
   parent currently resides.
   
   114. No disparagement; controlling law. The rights and
   responsibilities enumerated herein shall operate only to the benefit
   of biological or adoptive parents, and shall not inure to the benefit
   of any other party. Any legislation or judgment within this state, to
   the extent that it operates to diminish, impair or infringe upon any
   of the rights and responsibilities enumerated herein, shall be null
   and void and of no further force or effect.
   
   115. Notification required. The general assembly directs that a
   pamphlet describing the rights and responsibilities for both parents
   and children, as set forth in this Act, be produced and distributed
   along with each application for a marriage license, as well as for
   public distribution by the office that distributes marriage license
   applications on request by any person in the state. This pamphlet
   shall include the rights and responsibilities set forth in this
   legislation, as well as the acts that constitute abuse or neglect of a
   child within the state and the criminal penalties therefor. Updates to
   the standards for abuse and neglect prosecutions and their penalties,
   must be published, with conspicuous notice in the major daily
   newspapers and other media when significant statutory revisions are
   made.
   
   116. Prevailing law; conflict of laws. Any provision of law in
   conflict with any term or provision of this Act shall be null and void
   and of no further force or effect. In any determination wherein the
   provisions of law conflict with or contravene any term or provision of
   this Act, the requirements of this Act shall prevail.
   
   
      Federal Oversight and Implementation of UPREPA Among The Several
                                   States
   
   CONGRESSIONAL DECLARATION:
   
   The remedies provided by law on or before enactment of this
   legislation, for the enforcement of actions based upon issues of
   custody of children after dissolution of marriage or legal separation,
   or in the case of unmarried birth of children, have been subjected to
   grave abuses, caused extreme annoyance, embarrassment, humiliation,
   and devastating psychological, emotional, mental and pecuniary damage
   to many persons wholly innocent and free of any wrongdoing who were
   merely the victims of circumstances, and have been exercised by
   unscrupulous persons for their unjust enrichment, vengeance or other
   venal purpose contrary to the interests of the child, and have
   furnished vehicles for the commission or attempted commission of
   crimes against children and parents and in many cases have resulted in
   the perpetuation of frauds.
   
   It is, therefore, hereby declared as the public policy of the United
   States that the best interests of the people of the several states,
   and especially the minor children of the several states, will be
   served by the abolition of custody thereof, except in the defined and
   proven circumstances set forth in the Uniform Parental Rights
   Enforcement and Protection Act hereby proposed to the several states.
   
   Consequently, in the public interest, it is the determination of the
   Congress of the United States of America that the following shall be
   the policy and the Act of the United States upon passage of the
   Uniform Parental Rights Enforcement and Protection Act into law by
   each of the several states without regard to the universality of the
   adoption of said Act.
   
   PROVISIONS:
   
    1. That the several states are to be presented the model legislation
       entitled Uniform Parental Rights Enforcement and Protection Act,
       otherwise to be known and recognized as "UPREPA", as set forth
       hereinabove.
    2. That the continued receipt of Title IV-D, TANF, and all other
       federal funds intended and designated for promotion, welfare, and
       assistance to families and children whether by virtue of grant,
       matching funds, or direct expenditure of the United States
       government within the individual states shall be conditioned upon
       the passage of UPREPA so proffered.
    3. That states may modify the form but not substance of UPREPA so as
       to conform to the statutory requirements of that state not in
       conflict with the terms and provisions of UPREPA.
       
   IMPLEMENTATION:
    1. The Attorney General shall be charged with the responsibility of
       reviewing modified UPREPA language that the states proffer to the
       Federal Government prior to passage to certify its functional
       equivalency to the model UPREPA legislation.
    2. The Attorney General's decision, legal reasoning, all work
       product, correspondence and memoranda related to review of
       conformance to UPREPA shall be published in the Federal Register.
    3. The Attorney General shall certify to the Congress of the United
       States, under penalty of perjury, and not later than ninety days
       prior to the introduction of each year's federal budget, the list
       of states which are in full compliance with the requirements of
       this legislation and of states which are not in full compliance
       therewith.
    4. State funding under the Federal Budget of the United States
       intended and designated for promotion, welfare, and assistance to
       families and children shall be reduced on a pro-ratable basis for
       non-compliant states based on the following schedule:
         1. From the date of passage of this Act until ninety days prior
            to the first introduction of the federal budget shall be
            deemed a grace period, wherein no penalties shall apply.
         2. For the next budget cycle following passage of this Act, ten
            percent (10%) of funds shall be withheld from non-compliant
            states.
         3. For the second and each successive year in which a state is
            not in compliance, the percentage of deduction shall be
            doubled, such that in the second year 20% shall be withheld,
            the third 40%, the fourth 80% and the fifth and all
            subsequent years 100%.
         4. A state that was formerly listed as compliant but is later
            found to be non-compliant shall begin its deduction schedule
            at twice the starting deduction, or twenty percent (20%).
    5. Funds withheld from non-compliant states shall be distributed to
       compliant states as directed by the Congress of the United States
       on a pro rata basis based on the individual state's percentage of
       population among the states then in compliance solely for the
       purpose of promoting the welfare of families and children in those
       states.
    6. A state which cures its earlier violation of the UPREPA statutory
       requirements may not retroactively recover funds previously
       withheld, and allocations and withholdings, once made by the
       Congress, shall remain in full force and effect and may not be
       altered, amended or remediated by prospective or retrospective
       legislation.

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