BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1674
                                                                  Page  1

          Date of Hearing:   May 16, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      AB 1674 (Ma) - As Amended:  May 10, 2012 

          Policy Committee:                              JudiciaryVote:8 - 
          2 

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill establishes standards for court-ordered supervised 
          visitation providers. Specifically, this bill: 

          1)Defines the requirements necessary to be a professional and 
            nonprofessional provider of supervised visitation services.  

          2)Requires that a nonprofessional provider may not be used in 
            cases where the court has determined there is domestic 
            violence or child abuse, unless the court makes a 
            determination that using a nonprofessional provider would be 
            in the child's best interest.

          3)Requires that professional providers receive 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 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.  

          5)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.








                                                                  AB 1674
                                                                  Page  2


           FISCAL EFFECT  

          There are no significant costs associated with this legislation. 


           COMMENTS  

           1)Purpose  . 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 current standards to 
            ensure providers are properly trained, especially in cases of 
            domestic violence, child abuse, and sexual abuse. 

           2)Supervised Visitation  :  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 protect the child and the parents in 
            situations involving 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.  



           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081