Bill Text: CA AB1674 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child custody: visitation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-28 - Chaptered by Secretary of State - Chapter 692, Statutes of 2012. [AB1674 Detail]

Download: California-2011-AB1674-Amended.html

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BILL NUMBER: AB 1674	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2012
	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.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1674, as amended, Ma. Child custody: visitation.
   Existing child custody law requires the Judicial Council to
develop standards for supervised visitation providers in accordance
with specified guidelines.
   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 require supervised visitation   providers to be
professional providers, therapeutic providers, or nonprofessional
providers, as specified.  The bill would prohibit a
nonprofessional provider, as defined, from being used in cases
 of   in which the court has determined there is
 domestic violence  and   or  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: 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.  A provider, as described in Section
3200, shall be a professional provider, therapeutic provider, or
nonprofessional provider.  
   (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) 
    (b)  A nonprofessional provider shall not be used in
cases  of   if the court has determined there is
 domestic violence  and   or  child
sexual abuse unless the judge makes a determination that using a
nonprofessional provider would be in the best interest of the child.

   (d) 
    (c)  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)
  subdivision (f)  .
   (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)
  subdivision (f)  .
   (J) Agree to adhere to and enforce the court order regarding
supervised visitation.
   (K)  Be certified as having completed   Meet
 the training requirements set forth in subdivision  (e)
  (d)  .
   (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)   (d)  . 
   (e) 
    (d)  (1) Professional providers and therapeutic
providers shall  be certified as having   have
 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)  Recordkeeping 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) 
    (2)  Professional  and therapeutic  providers
shall sign a declaration or any Judicial Council form that they meet
the training and qualifications of a provider. 
   (f) 
    (e)  The ratio of children to a professional  or
therapeutic  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) 
    (f)  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  professional or
therapeutic  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) 
    (g)  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   those  reports.
   (3) Suspend or terminate visitation under subdivision (i).

   (i) In addition to the legal responsibilities and obligations
required in subdivision (h), professional 
    (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. 
   (3) Keep a record for each case, including, at least, all of the
following:  
   (A) A written record of each contact and visit.  
   (B) Who attended the visit.  
   (C) Any failure to comply with the terms and conditions of the
visitation.  
   (D) Any incidence of abuse, as required by law.  
   (j) 
    (i)  (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) 
    (j)  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.