BILL ANALYSIS �
AB 1674
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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
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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