Headlines  |  Bills  |  The Nooner  |  Code/Laws  |  ElectionTrack $$$   |  Elections  |  About   |  Contact Scott |  
OR: Create Account  Log In

Get Scott's free daily lunchtime California Capitol news update, THE NOONER:
   
(): (California Assembly Bill)

help



join the cool folks
and advertise on aroundthecapitol.com


california legislation > ():
Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN ASSEMBLY MARCH 29, 2012

INTRODUCED BY Assembly Member Ma

FEBRUARY 14, 2012

An act to add Section 3200.5 to the Family Code,
relating to visitation centers visitation
.



LEGISLATIVE COUNSEL'S DIGEST


AB 1674, as amended, Ma. Child custody: visitation
centers.
visitation.
Existing child custody law requires the Judicial Council to
develop standards for supervised visitation providers in accordance
with specified guidelines , and to report on these
guidelines to the Legislature. Existing law also requires the
Judicial Council to consult with visitation centers, and various
other groups in connection with these standards
.
This bill would set forth the Legislature's intent to enact
legislation relating to visitation centers.

This bill would require any standards for supervised visitation
providers adopted by the Judicial Council to conform to the
provisions of the bill. The bill would require the court to make the
final decision as to the manner in which supervision is provided and
any terms or conditions of that supervision, and would authorize the
court to consider recommendations from various individuals,
including, among others, the parties and their attorneys, and
providers of supervised visitation. The bill would prohibit a
nonprofessional provider, as defined, from being used in cases of
domestic violence and child sexual abuse, except as specified.


The bill would also require professional providers and therapeutic
providers to receive 24 hours of training in certain subjects. The
bill would require each provider to maintain neutrality by refusing
to discuss the merits of the case or to agree with or support one
party over another. The bill would require providers of supervised
visitation to advise the parties of certain legal rights, report
suspected child abuse to the appropriate agency, and to suspend or
terminate visitation in certain cases in accordance with specified
procedures.

The bill would require the Department of Consumer Affairs to work
with the California Association of Supervised Visitation Service
Providers to develop a certification process for professional and
therapeutic providers of supervised visitation. The bill would
further authorize the Department of Consumer Affairs to charge a
one-time provider certification fee, not to exceed $200, to cover the
actual costs of administering and enforcing those provisions.


Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 3200.5 is added to the
Family Code , to read:
3200.5. (a) Any standards for supervised visitation providers
adopted by the Judicial Council pursuant to Section 3200 shall
conform to this section.
(b) The court shall make the final decision as to the manner in
which supervision is provided and any terms or conditions of that
supervision; however, the court may consider recommendations by the
attorney for the child, the parties and their attorneys, Family Court
Services staff, evaluators, therapists, and providers of supervised
visitation. The manner in which supervision is provided and who
provides that supervision may depend on, among other factors, local
resources, the financial situation of the parties, and the degree of
risk presented in each case.
(c) A nonprofessional provider shall not be used in cases of
domestic violence and child sexual abuse unless the judge makes a
determination that using a nonprofessional provider would be in the
best interest of the child.
(d) For the purposes of this section, the following definitions
apply:
(1) "Nonprofessional provider" means any person who is not paid
for providing supervised visitation services. Unless otherwise
ordered by the court or stipulated by the parties, the
nonprofessional provider shall:
(A) Be at least 21 years of age.
(B) Have no record of a conviction for driving under the influence
(DUI) within the last five years.
(C) Not have been on probation or parole for the last 10 years.
(D) Have no record of a conviction for child molestation, child
abuse, or other crimes against a person.
(E) Have proof of automobile insurance if transporting the child.
(F) Have no civil, criminal, or juvenile restraining orders within
the last 10 years.
(G) Have no current or past court order in which the provider is
the person being supervised.
(H) Not be financially dependent on the person being supervised.
(I) Have no conflict of interest under subparagraph (G).
(J) Agree to adhere to and enforce the court order regarding
supervised visitation.
(2) "Professional provider" means any person paid for providing
supervised visitation services, or an independent contractor,
employee, intern, or volunteer operating independently or through a
supervised visitation center or agency. The professional provider
shall:
(A) Be at least 21 years of age.
(B) Have no record of a conviction for driving under the influence
(DUI) within the last five years.
(C) Not have been on probation or parole for the last 10 years.
(D) Have no record of a conviction for child molestation, child
abuse, or other crimes against a person.
(E) Have proof of automobile insurance if transporting the child.
(F) Have no civil, criminal, or juvenile restraining orders within
the last 10 years.
(G) Have no current or past court order in which the provider is
the person being supervised.
(H) Be able to speak the language of the party being supervised
and of the child, or the provider must provide a neutral interpreter
over the age of 18 who is able to do so.
(I) Have no conflict of interest under subparagraph (G).
(J) Agree to adhere to and enforce the court order regarding
supervised visitation.
(K) Be certified as having completed the training requirements set
forth in subdivision (e).
(3) "Therapeutic provider" means a licensed mental health
professional paid for providing supervised visitation services,
including a psychiatrist, a psychologist, a clinical social worker, a
marriage and family counselor, or an intern working under direct
supervision of a qualified licensed mental health professional. A
therapeutic provider shall meet the qualifications set forth in
paragraph (2) and the training requirements set forth in subdivision
(e).
(e) (1) Professional providers and therapeutic providers shall be
certified as having received 24 hours of training that includes
training in the following subjects:
(A) The role of a certified professional and therapeutic provider.

(B) Child abuse reporting laws.
(C) Record-keeping procedures.
(D) Screening, monitoring, and termination of visitation.
(E) Developmental needs of children.
(F) Legal responsibilities and obligations of a provider.
(G) Cultural sensitivity.
(H) Conflicts of interest.
(I) Confidentiality.
(J) Issues relating to substance abuse, child abuse, sexual abuse,
and domestic violence.
(K) Basic knowledge of family and juvenile law.
(2) Professional providers shall also complete 24 hours of
additional training on issues related to substance abuse, child
abuse, and domestic violence.
(3) Professional providers shall sign a declaration or any
Judicial Council form that they meet the training and qualifications
of a provider.
(f) The ratio of children to a professional provider shall be
contingent on:
(1) The degree of risk factors present in each case.
(2) The nature of supervision required in each case.
(3) The number and ages of the children to be supervised during a
visit.
(4) The number of people visiting the child during the visit.
(5) The duration and location of the visit.
(6) The experience of the provider.
(g) Each provider shall maintain neutrality by refusing to discuss
the merits of the case or to agree with or support one party over
another. Any discussion between a provider and the parties shall be
for the purposes of arranging visitation and providing for the safety
of the children. In order to avoid a conflict of interest, the
provider shall not:
(1) Be financially dependent on the person being supervised.
(2) Be an employee of the person being supervised.
(3) Be an employee of or affiliated with any superior court in the
county in which the supervision is ordered unless specified in the
employment contract.
(4) Be in an intimate relationship with the person being
supervised.
(h) All providers of supervised visitation shall:
(1) Advise the parties before commencement of supervised
visitation that no confidential privilege exists.
(2) Report suspected child abuse to the appropriate agency, as
provided by law, and inform the parties of the provider's obligation
to make such reports.
(3) Suspend or terminate visitation under subdivision (i).
(i) In addition to the legal responsibilities and obligations
required in subdivision (h), professional and therapeutic providers
shall:
(1) Prepare a written contract to be signed by the parties before
commencement of the supervised visitation. The contract should inform
each party of the terms and conditions of supervised visitation.
(2) Review custody and visitation orders relevant to the
supervised visitation.
(j) (1) Each provider shall make every reasonable effort to
provide a safe visit for the child and the noncustodial party.
(2) If a provider determines that the rules of the visit have been
violated, the child has become acutely distressed, or the safety of
the child or the provider is at risk, the visit may be temporarily
interrupted, rescheduled at a later date, or terminated.
(3) All interruptions or terminations of visits shall be recorded
in the case file.
(4) All providers shall advise both parties of the reasons for the
interruption or termination of a visit.
(k) A professional provider and a therapeutic provider shall state
the reasons for temporary suspension or termination of supervised
visitation in writing and shall provide the written statement to both
parties, their attorneys, the attorney for the child, and the court.

(l) The Department of Consumer Affairs shall work with the
California Association of Supervised Visitation Service Providers to
develop a certification process for professional and therapeutic
providers of supervised visitation. When developing a certification
process, the following factors shall be considered:
(1) Financial resources.
(2) Local community resources.
(3) Funding.
(4) Technical assistance.
(m) The Department of Consumer Affairs may charge a one-time
provider certification fee in an amount not to exceed two hundred
dollars ($200) for each provider operating pursuant to this section.
The fee charged shall not exceed the amount reasonably necessary to
cover the actual costs of administering and enforcing this section.
(n) This section does not preclude the Administrative Office of
the Courts from having additional standards.

SECTION 1.
It is the intent of the Legislature
to enact legislation relating to visitation centers.