5610.E AMH APPE H2854.1

ESB 5610 - H AMD 668 ADOPTED 4/7/95

By Representative Appelwick

     On page 1, after line 6, strike all material through "by law." on line 17, and insert the following:

     "If a court, during a judicial proceeding under this title relating to a parenting plan or child custody, finds by a preponderance of the evidence that a person has intentionally made a false allegation of child abuse or neglect or has induced another person to make a false allegation of child abuse or neglect during the judicial proceeding, the court may impose a monetary penalty not to exceed one thousand dollars against the person making or inducing another to make the accusation.  The monetary penalty shall be awarded to the person against whom the false allegation is made.  When the court imposes the monetary penalty, the court may also provide that reasonable attorneys' fees may be imposed if the person entitled to the monetary penalty incurs attorneys' fees to recover the penalty.  The award may be enforced in the same manner as other civil judgments.  A "person" means a witness, a party, or a party's attorney.

     The remedy provided by this section is in addition to any other remedy provided by law.

     This section shall not apply to unemancipated minors."

EFFECT:  The provision is restructured to more clearly provide that the court may make this finding during the actual proceeding in which the allegation is made rather than in a different proceeding.  This may clarify that this section is not intended to be a civil action in tort for damages arising from the false allegation.

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