BILL NUMBER: AB 1674 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2012
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 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 in
which the court has determined there is domestic violence 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.
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) A nonprofessional provider shall not be used in cases if the
court has determined there is domestic violence or child sexual abuse
unless the judge court makes a
determination that using a nonprofessional provider would be in the
best interest of the child.
(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 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 subdivision (f).
(J) Agree to adhere to and enforce the court order regarding
supervised visitation.
(K) Meet the training requirements set forth in subdivision (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
(d).
(d) (1) Professional providers and therapeutic providers shall
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 and therapeutic providers shall sign a
declaration or any Judicial Council form that they meet the training
and qualifications of a provider.
(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.
(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.
(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 those reports.
(3) Suspend or terminate visitation under subdivision (i).
(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.
(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.
(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.