BILL ANALYSIS Ó
AB 1674
Page 1
ASSEMBLY THIRD READING
AB 1674 (Ma)
As Amended May 10, 2012
Majority vote
JUDICIARY 8-2 APPROPRIATIONS 14-1
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|Ayes:|Feuer, Atkins, Dickinson, |Ayes:|Fuentes, Harkey, |
| |Gorell, Huber, Monning, | |Blumenfield, Bradford, |
| |Wieckowski, Alejo | |Charles Calderon, Campos, |
| | | |Davis, Gatto, Hall, Hill, |
| | | |Lara, Mitchell, Nielsen, |
| | | |Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wagner, Jones |Nays:|Wagner |
| | | | |
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SUMMARY : Specifies standards for supervised visitation
providers in child custody and visitation matters.
Specifically, this bill , among other things:
1)Requires any standards adopted by the Judicial Council for
supervised visitation providers to conform to the provisions
of this bill.
2)Defines the requirements to be a "nonprofessional" and
"professional" provider of supervised visitation services.
Requires that a nonprofessional provider may not be used in
cases where the court has determined that there is domestic
violence or child abuse or neglect, unless the court makes a
determination that using a nonprofessional provider would be
in the child's best interest.
3)Requires that professional providers have received 24 hours of
training in specified subjects, including confidentiality,
needs of children, child abuse laws, substance abuse, sexual
abuse and domestic violence. Requires these providers to sign
a declaration stating that they meet the training and
qualification requirements.
4)Requires each provider to maintain neutrality and to avoid
conflicts of interest, as specified.
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5)Requires all providers to report suspected child abuse to the
appropriate agency. Requires all providers to provide a safe
visit for the child and the parent, and to terminate the visit
if the rules of the visit have been violated, the child
becomes acutely distressed or the safety of the child or the
provider is at risk. Requires professional providers to
provide written notice of a temporary suspension or
termination of the supervised visit to both parties, their
attorneys, the attorney for the child and the court.
6)Requires professional providers to keep specified written
records of each visit.
EXISTING LAW :
1)Requires the Judicial Council to develop standards for
supervised visitation providers, including both individuals
providers and visitation centers. Requires the Judicial
Council to consult with specified groups when developing the
standards. When developing the standards, requires the
Judicial Council to consider:
a) The provider's qualifications, experience, and
education;
b) Safety and security procedures;
c) Any conflict of interest;
d) Maintenance and disclosure of records, including
confidentiality policies;
e) Procedures for screening, delineation of terms and
conditions, and termination of supervised visitation
services;
f) Procedures for emergency or extenuating situations;
g) Orientation to and guidelines for cases in which there
are allegations of domestic violence, child abuse,
substance abuse, or special circumstances; and,
h) The legal obligations and responsibilities of
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supervisors.
2)States the intent of the Legislature that the safety of
children, adults, and visitation supervisors be a precondition
to providing visitation services. Once safety is assured,
states the legislative intent that the best interest of the
child be the paramount consideration at all stages and
particularly in deciding the manner in which supervision is
provided.
3)Requires any supervised visitation maintained or imposed by
the court to be administered in accordance with the California
Standards of Judicial Administration recommended by the
Judicial Council.
4)Requires the Judicial Council to apply annually for grants
from the federal government to fund supervised visitation
centers. Requires recipients of those grants to comply with
the Uniform Standards of Practice for Providers of Supervised
Visitation set forth in the California Standards of Judicial
Administration.
5)Sets forth standards with which providers of supervised
visitation should comply. Standards include rules concerning
qualifications of providers, required training, safety and
security measures, conflicts of interest, confidentiality, and
maintenance of records.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, there are no significant costs associated with this
legislation.
COMMENTS : This bill, sponsored by the California Association of
Supervised Visitation Service Providers, seeks, for the most
part, to codify existing Judicial Council guidelines for
providers of supervised visitation. According to the author:
"The purpose of the bill is to ensure that supervised visitation
providers are complying with 5.20 Standards to ensure providers
are properly trained . . . in cases of domestic violence, child
abuse, and sexual abuse."
When making custody and visitation orders, a court may sometimes
order that the child only have contact with a parent when a
neutral third-party is present. This may be necessary to
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protect the child and the parents in situations involving, for
example, domestic violence, child abuse, substance abuse, or
mental illness. These arrangements are known as supervised
visitation. Often supervised visitation providers are family or
friends. Other times professional supervisors working at
visitation centers are used and the parents must pay for the
services. Sometimes parents use supervised visitation centers
just to facilitate safe custody exchanges.
As directed by the Legislature, the Judicial Council has
developed standards of practice for supervised visitation
providers. These standards, which were developed in
consultation with the various stakeholders, are thoughtful and
detailed. This bill seeks to codify many of those standards.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0003666