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 ----------------------------------------------------------------- |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 | | | | | | ----------------------------------------------------------------- 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. AB 1674 Page 2 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 AB 1674 Page 3 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 AB 1674 Page 4 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