Bill Text: FL S1298 | 2010 | Regular Session | Comm Sub

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

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Bill Title: Supervised Visitation & Exchange Monitoring Prog. [SPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Messages [S1298 Detail]

Download: Florida-2010-S1298-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1298 
 
By the Committee on Children, Families, and Elder Affairs; and 
Senators Wise and Gaetz 
586-02741-10                                          20101298c1 
1                        A bill to be entitled 
2         An act relating to supervised visitation and exchange 
3         monitoring programs; creating s. 753.06, F.S.; 
4         adopting state standards for supervised visitation and 
5         exchange monitoring programs; providing for 
6         modification; requiring the standards to be published 
7         on the website of the Clearinghouse on Supervised 
8         Visitation; requiring each program to annually affirm 
9         compliance with the standards to the court; creating 
10         s. 753.07, F.S.; providing factors for the court or 
11         child-placing agency to consider when referring cases 
12         for supervised visitation or exchange monitoring; 
13         specifying training requirements for persons referring 
14         to or providing such services; authorizing supervised 
15         visitation programs to alert the court to problems 
16         with referred cases; creating s. 753.08, F.S.; 
17         providing a presumption of good faith and civil and 
18         criminal immunity for persons who have affirmed to 
19         courts that they abide by the state standards; 
20         creating s. 753.09, F.S.; providing that after a 
21         specified date only those supervised visitation 
22         programs that adhere to the state standards may 
23         receive state funding; providing an effective date. 
24 
25  Be It Enacted by the Legislature of the State of Florida: 
26 
27         Section 1. Section 753.06, Florida Statutes, is created to 
28  read: 
29         753.06 Standards.— 
30         (1) The standards announced in the final report submitted 
31  to the Legislature pursuant to s. 753.03(4) shall be the basis 
32  for the state’s standards for supervised visitation and exchange 
33  monitoring programs, and may be modified only by the advisory 
34  board created under s. 753.03(2) after reasonable notice to the 
35  programs, but not more often than annually. The clearinghouse 
36  shall publish the standards, as modified, on its website. The 
37  published standards shall be regarded as the state standards for 
38  supervised visitation and exchange monitoring programs. 
39         (2) Each supervised visitation and exchange monitoring 
40  program must affirm annually in a written agreement with the 
41  court that they abide by the standards. If the program has a 
42  contract with a child-placing agency, that contract must include 
43  an affirmation that the program complies with the standards. A 
44  copy of the agreement or contract must be made available to any 
45  party upon request. 
46         Section 2. Section 753.07, Florida Statutes, is created to 
47  read: 
48         753.07 Referrals.— 
49         (1) Courts and referring child-placing agencies must adhere 
50  to the following priorities when determining where to refer 
51  cases for supervised visitation or exchange monitoring: 
52         (a) For cases that are filed under chapter 61 or chapter 
53  741 where the courts are the primary source of referrals, the 
54  court shall direct referrals for supervised visitation or 
55  exchange monitoring as follows: 
56         1. The order shall refer the parties to a supervised 
57  visitation or exchange monitoring program that has a written 
58  agreement with the court as provided in s. 753.06(2) if such a 
59  program exists in the community. 
60         2. If a program does not exist, or if the existing program 
61  is not able to accept the referral for any reason, the court may 
62  refer the case to a local mental health professional. Such 
63  professionals are not required to abide by the state standards 
64  established in s. 753.06(1); however, such professionals must 
65  affirm to the court in writing that they have completed the 
66  clearinghouse’s free, online supervised visitation training 
67  program and have read and understood the state standards. 
68         (b) In cases governed by chapter 39, the referring child 
69  placing agency must adhere to the following: 
70         1. The agency having primary responsibility for the case 
71  must ensure that each family is assessed for problems that could 
72  present safety risks during parent-child contact. If risks are 
73  present, agency staff shall consider referring the parties to a 
74  local supervised visitation program that has affirmed in writing 
75  that it adheres to the state standards if such a program exists 
76  in the community. 
77         2. If agency staff determine that there is no need for a 
78  supervised visitation program, no such program exists, or the 
79  existing program is unable to accept the referral for any 
80  reason, the child protective investigator or case manager having 
81  primary responsibility for the case may: 
82         a. Supervise the parent-child contact him or herself. 
83  However, before a child protective investigator or case manager 
84  may supervise visits, he or she must review or receive training 
85  on the online training manual for the state’s supervised 
86  visitation programs and affirm in writing to his or her own 
87  agency that he or she has received training on, or read and 
88  understands, the state standards. 
89         b. Designate a foster parent or relative to supervise the 
90  parent-child visits in those cases that do not warrant the 
91  supervision of the child protective investigator or case 
92  manager. However, the designated foster parent or relative must 
93  first be apprised that the case manager conducted a safety 
94  assessment described in subparagraph 1., and must be provided 
95  access to free training material on the foster parent’s or 
96  relative’s role in supervised visitation. Such materials may be 
97  created by the clearinghouse using existing or new material, and 
98  must be approved by the department. Such training may be 
99  included in any preservice foster parent training done by the 
100  agency. 
101         3. If a program does not exist, or if the existing program 
102  is unable to accept the referral and the child protective 
103  investigator or case manager is unable to supervise the parent 
104  child contact or designate a foster parent or relative to 
105  supervise the visits as described in subparagraph 2., the agency 
106  having primary responsibility for the case may refer the case to 
107  other qualified staff within that agency to supervise the 
108  contact. However, before such staff may supervise any visits, he 
109  or she must review or receive training on the online training 
110  manual for supervised visitation programs and affirm in writing 
111  to his or her own agency that he or she has received training 
112  on, or has read and understands, the training manual and the 
113  state standards. 
114         4. The agency that has primary responsibility for the case 
115  may not refer the case to a subcontractor or other agency to 
116  perform the supervised visitation unless that subcontractor’s or 
117  other agency’s child protective investigators or case managers 
118  who supervise onsite or offsite visits have reviewed or received 
119  training on the clearinghouse’s online training manual for 
120  supervised visitation programs and affirm to their own agency 
121  that they have received training on, or have read and 
122  understand, the training manual and the state standards. 
123         (2) This section does not prohibit the court from allowing 
124  a litigant’s relatives or friends to supervise visits if the 
125  court determines that such supervision is safe. However, such 
126  informal supervisors must be made aware of the free online 
127  clearinghouse materials that they may voluntarily choose to 
128  review. These materials must provide information that helps 
129  educate the informal supervisors about the inherent risks and 
130  complicated dynamics of supervised visitation. 
131         (3) Supervised visitation and exchange monitoring programs 
132  may alert the court in writing if there are problems with cases 
133  referred and the court may set a hearing to address these 
134  problems. 
135         Section 3. Section 753.08, Florida Statutes, is created to 
136  read: 
137         753.08 Service providers; immunity.—All persons who are 
138  responsible for providing services at a supervised visitation or 
139  exchange monitoring program who have affirmed to the court in 
140  writing that they abide by the state standards described in s. 
141  753.06(6) are presumed, prima facie, to be acting in good faith 
142  are therefore immune from any liability, civil or criminal, 
143  which otherwise might be incurred or imposed. 
144         Section 4. Section 753.09, Florida Statutes, is created to 
145  read: 
146         753.09 Funding.—After January 1, 2011, only supervised 
147  visitation programs that have affirmed in a written agreement 
148  with the court that they abide by and are in compliance with the 
149  state standards provided under s. 753.06(1) may receive state 
150  funding for visitation or exchange monitoring services. 
151         Section 5. This act shall take effect October 1, 2010.