BILL NUMBER: AB 1674	CHAPTERED
	BILL TEXT

	CHAPTER  692
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2012
	PASSED THE SENATE  AUGUST 23, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	AMENDED IN SENATE  AUGUST 20, 2012
	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  MAY 10, 2012
	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, 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 or nonprofessional providers,
as specified. The bill would require the court, in any case in which
it has determined there is domestic violence or child abuse or
neglect, as specified, and it determines that supervision is
necessary, to consider whether to use a professional or
nonprofessional provider based upon the child's best interest.
   The bill would also require professional providers to receive 24
hours of training in certain subjects. 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 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 or nonprofessional provider.
   (b) In any case in which the court has determined that there is
domestic violence, child abuse or neglect, as defined in Section
11165.6 of the Penal Code, and the court determines supervision is
necessary, the court shall consider whether to use a professional or
nonprofessional provider based upon the child's best interest.
   (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) Have no record of a conviction for child molestation, child
abuse, or other crimes against a person.
   (B) Have proof of automobile insurance if transporting the child.
   (C) Have no current or past court order in which the provider is
the person being supervised.
   (D) 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 18 years of age who is able to do so.
   (I) Agree to adhere to and enforce the court order regarding
supervised visitation.
   (J) Meet the training requirements set forth in subdivision (d).
   (d) (1) Professional providers shall have received 24 hours of
training that includes training in the following subjects:
   (A)  The role of a professional 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 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 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) Professional 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 (h).
   (g) Professional 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.
   (h) (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.
   (i) A professional 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.