AMENDMENT NO 2 PROPOSED TO
Senate Bill No. 2452
BY: Representative Anthony
AMEND on line 147 by inserting the following language before the comma: and subject to the required hearing set out under subsection (10) of this section
AMEND on line 150 by striking "shall be presumed to" and inserting in lieu thereof of: may
AMEND by striking lines 166 through 168 in their entirety and by inserting the following language: (10) (a) In order to make a determination of whether child support should continue as prescribed under subsection (9), the chancery court shall conduct a hearing to determine whether child support for an adult child may continue past the child's anticipated age of majority when:
(i) The adult child is incapable of self-support by reason of a physical or mental disability; and
(ii) The disability of the adult child existed during the adult child's minority.
Before the hearing, the court, in its discretion, may appoint a guardian ad litem, and the guardian ad litem must be present at the hearing and present the interests of the adult child.
(b) The chancery judge shall be the judge of the number and character of the witnesses and proof to be presented, except that the proof must include certificates made after a personal examination of the adult child by the following professionals, each of whom must make in writing a certificate of the result of that examination to be filed with the clerk of the court and become a part of the record of the case:
(i) Two (2) licensed physicians; or
(ii) One (1) licensed physician and either one (1) licensed psychologist, nurse practitioner, or physician's assistant.
(c) The personal examination set out under paragraph (b) of this section may occur face-to-face or via telemedicine, but any telemedicine examination must be made using an audiovisual connection by a physician licensed in this state and as defined in Section 83-9-351. A nurse practitioner or physician assistant conducting an examination shall not also be in a collaborative or supervisory relationship, as the law may otherwise require, with the physician conducting the examination. A professional conducting an examination under this section may also be called to testify at the hearing.
AMEND on line 169 by striking 10 and by inserting 11
AMEND on line 177 by striking 11 and by inserting 12
AMEND on line 184 by striking 12 and by inserting 13
AMEND the title on line 3 by inserting the following language before the word AND: TO REQUIRE THE COURT TO CONDUCT A CERTAIN HEARING TO DETERMINE IF SUCH SUPPORT SHOULD CONTINUE;