Chapter 167-B: Marriage Counseling Referral Service

Whenever a petition for divorce or petition for legal separation has been filed with the superior court the presiding justice or his or her authorized representative, subject to rules to be established by the superior court, pending a hearing upon the merits, shall exercise his or her discretion to determine if the matter before the court shall be referred for marriage counseling to an approved family service agency within the jurisdiction of the court. If the parties are insured, the referral shall be made with due consideration to identifying a counselor who accepts direct payment from the parties' health insurance carrier. Any such referral shall be binding upon the petitioner and upon any petitionee who enters an appearance or otherwise submits himself or herself to the court's jurisdiction.

Any person desiring marriage counseling may apply directly to an approved family service agency or may be referred thereto by an authorized representative of the commissioner of health and human services, but all such counseling shall be subject to the approval of the commissioner who may promulgate such rules and regulations as he may deem necessary for the administration of the provisions hereof.

An approved family service agency within the meaning of this chapter shall be those agencies approved by the commissioner of health and human services and which are located within the jurisdiction of the superior court making the referral or located within the county in which the applicant for counseling resides.

The duties of the department of health and human services with respect to this chapter shall be:

(a) To inspect periodically case files of all referrals to any family service agency to determine the value and quality of the service rendered.

(b) To maintain records of all referrals and requests, of action taken and services provided, in sufficient detail so that the effectiveness of the program can be evaluated and recommendations made to the legislature.

(c) To pay, in accordance with the terms of this chapter, all invoices presented by participating family service agencies for referrals, but only if such invoices have been submitted in accordance with procedures established by the administering agency.

Participating family service agencies shall be reimbursed as follows:

(a) $10 for the first consultation;

(b) $5 each for the next 3 consultations actually held;

(c) No reimbursement shall be made unless the person consulting a referral agency was referred by the court or approved by the commissioner, as provided herein, and no reimbursement shall be made after 4 consultations.