Florida Senate - 2010               CS for CS for CS for SB 1298
       
       
       
       By the Committees on Criminal and Civil Justice Appropriations;
       Judiciary; and Children, Families, and Elder Affairs; and
       Senators Wise and Gaetz
       
       
       604-04844-10                                          20101298c3
    1                        A bill to be entitled                      
    2         An act relating to supervised visitation and exchange
    3         monitoring programs; creating s. 753.06, F.S.;
    4         adopting state standards for supervised visitation and
    5         exchange monitoring programs; providing for
    6         modification; requiring the standards to be published
    7         on the website of the Clearinghouse on Supervised
    8         Visitation; requiring each program to annually affirm
    9         compliance with the standards to the court; creating
   10         s. 753.07, F.S.; providing factors for the court or
   11         child-placing agency to consider when referring cases
   12         for supervised visitation or exchange monitoring;
   13         specifying training requirements for persons referring
   14         to or providing such services; authorizing supervised
   15         visitation programs to alert the court to problems
   16         with referred cases; creating s. 753.08, F.S.;
   17         authorizing supervised visitation or monitored
   18         exchange programs to conduct security background
   19         checks of employees and volunteers and criminal
   20         records checks through the Department of Law
   21         Enforcement; providing standards for such background
   22         checks; requiring that an employer furnish a copy of
   23         the personnel record for the employee or former
   24         employee upon request; requiring that such personnel
   25         record contain certain information; requiring that all
   26         applicants hired or certified by a program after a
   27         specified date undergo a level 2 background screening
   28         before being hired or certified; delegating
   29         responsibility for certain costs and screening
   30         criminal history information; authorizing a supervised
   31         visitation program to participate in the Volunteer and
   32         Employee Criminal History System in order to obtain
   33         criminal history information; providing immunity to
   34         employers who provide information for purposes of a
   35         background check; providing that certain persons
   36         providing services at a supervised visitation or
   37         monitored exchange program are presumed to act in good
   38         faith and are immune from civil or criminal liability;
   39         providing exceptions; creating s. 753.09, F.S.;
   40         providing that after a specified date only those
   41         supervised visitation programs that adhere to the
   42         state standards may receive state funding; providing
   43         an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 753.06, Florida Statutes, is created to
   48  read:
   49         753.06Standards.—
   50         (1) The standards announced in the final report submitted
   51  to the Legislature pursuant to s. 753.03(4) shall be the basis
   52  for the state’s standards for supervised visitation and exchange
   53  monitoring programs, and may be modified only by the advisory
   54  board created under s. 753.03(2) after reasonable notice to the
   55  programs, but not more often than annually. The clearinghouse
   56  shall publish the standards, as modified, on its website. The
   57  published standards shall be regarded as the state standards for
   58  supervised visitation and exchange monitoring programs.
   59         (2) Each supervised visitation and exchange monitoring
   60  program must affirm annually in a written agreement with the
   61  court that they abide by the standards. If the program has a
   62  contract with a child-placing agency, that contract must include
   63  an affirmation that the program complies with the standards. A
   64  copy of the agreement or contract must be made available to any
   65  party upon request.
   66         Section 2. Section 753.07, Florida Statutes, is created to
   67  read:
   68         753.07Referrals.—
   69         (1) Courts and referring child-placing agencies must adhere
   70  to the following priorities when determining where to refer
   71  cases for supervised visitation or exchange monitoring:
   72         (a) For cases that are filed under chapter 61 or chapter
   73  741 where the courts are the primary source of referrals, the
   74  court shall direct referrals for supervised visitation or
   75  exchange monitoring as follows:
   76         1. The order shall refer the parties to a supervised
   77  visitation or exchange monitoring program that has a written
   78  agreement with the court as provided in s. 753.06(2) if such a
   79  program exists in the community.
   80         2. If a program does not exist, or if the existing program
   81  is not able to accept the referral for any reason, the court may
   82  refer the case to a local mental health professional. Such
   83  professionals are not required to abide by the state standards
   84  established in s. 753.06(1); however, such professionals must
   85  affirm to the court in writing that they have completed the
   86  clearinghouse’s free, online supervised visitation training
   87  program and have read and understood the state standards.
   88         (b) In cases governed by chapter 39, the referring child
   89  placing agency must adhere to the following:
   90         1. The agency having primary responsibility for the case
   91  must ensure that each family is assessed for problems that could
   92  present safety risks during parent-child contact. If risks are
   93  present, agency staff shall consider referring the parties to a
   94  local supervised visitation program that has affirmed in writing
   95  that it adheres to the state standards if such a program exists
   96  in the community.
   97         2. If agency staff determine that there is no need for a
   98  supervised visitation program, no such program exists, or the
   99  existing program is unable to accept the referral for any
  100  reason, the child protective investigator or case manager having
  101  primary responsibility for the case may:
  102         a. Supervise the parent-child contact him or herself.
  103  However, before a child protective investigator or case manager
  104  may supervise visits, he or she must review or receive training
  105  on the online training manual for the state’s supervised
  106  visitation programs and affirm in writing to his or her own
  107  agency that he or she has received training on, or read and
  108  understands, the state standards.
  109         b. Designate a foster parent or relative to supervise the
  110  parent-child visits in those cases that do not warrant the
  111  supervision of the child protective investigator or case
  112  manager. However, the designated foster parent or relative must
  113  first be apprised that the case manager conducted a safety
  114  assessment described in subparagraph 1., and must be provided
  115  access to free training material on the foster parent’s or
  116  relative’s role in supervised visitation. Such materials may be
  117  created by the clearinghouse using existing or new material, and
  118  must be approved by the department. Such training may be
  119  included in any preservice foster parent training done by the
  120  agency.
  121         3. If a program does not exist, or if the existing program
  122  is unable to accept the referral and the child protective
  123  investigator or case manager is unable to supervise the parent
  124  child contact or designate a foster parent or relative to
  125  supervise the visits as described in subparagraph 2., the agency
  126  having primary responsibility for the case may refer the case to
  127  other qualified staff within that agency to supervise the
  128  contact. However, before such staff may supervise any visits, he
  129  or she must review or receive training on the online training
  130  manual for supervised visitation programs and affirm in writing
  131  to his or her own agency that he or she has received training
  132  on, or has read and understands, the training manual and the
  133  state standards.
  134         4. The agency that has primary responsibility for the case
  135  may not refer the case to a subcontractor or other agency to
  136  perform the supervised visitation unless that subcontractor’s or
  137  other agency’s child protective investigators or case managers
  138  who supervise onsite or offsite visits have reviewed or received
  139  training on the clearinghouse’s online training manual for
  140  supervised visitation programs and affirm to their own agency
  141  that they have received training on, or have read and
  142  understand, the training manual and the state standards.
  143         (2) This section does not prohibit the court from allowing
  144  a litigant’s relatives or friends to supervise visits if the
  145  court determines that such supervision is safe. However, such
  146  informal supervisors must be made aware of the free online
  147  clearinghouse materials that they may voluntarily choose to
  148  review. These materials must provide information that helps
  149  educate the informal supervisors about the inherent risks and
  150  complicated dynamics of supervised visitation.
  151         (3) Supervised visitation and exchange monitoring programs
  152  may alert the court in writing if there are problems with cases
  153  referred and the court may set a hearing to address these
  154  problems.
  155         Section 3. Section 753.08, Florida Statutes, is created to
  156  read:
  157         753.08 Service providers; background checks; immunity.—
  158         (1) Because of the special trust or responsibility placed
  159  in volunteers and employees of supervised visitation and
  160  supervised exchange monitoring programs, such program must
  161  conduct a security background investigation before hiring an
  162  employee or certifying a volunteer to serve. A security
  163  background investigation shall include, but need not be limited
  164  to, employment history checks, checks of references, local
  165  criminal history records checks through local law enforcement
  166  agencies, and statewide criminal history records checks through
  167  the Department of Law Enforcement. Upon request, an employer
  168  shall furnish a copy of the personnel record for the employee or
  169  former employee who is the subject of a security background
  170  investigation conducted pursuant to this section. The
  171  information contained in the personnel record may include, but
  172  need not be limited to, disciplinary matters and the reason why
  173  the employee was terminated from employment. An employer who
  174  releases a personnel record for purposes of a security
  175  background investigation is presumed to have acted in good faith
  176  and is not liable for information contained in the record
  177  without a showing that the employer maliciously falsified the
  178  record. A security background investigation conducted pursuant
  179  to this section shall ensure that a person is not hired as an
  180  employee or certified as a volunteer if the person has an arrest
  181  awaiting final disposition for, has been convicted of,
  182  regardless of adjudication, has entered a plea of nolo
  183  contendere or guilty to, or has been adjudicated delinquent and
  184  the record has not been sealed or expunged for, any offense
  185  prohibited under the provisions listed in s.435.04. All
  186  employees hired or volunteers certified on or after July 1,
  187  2010, must undergo a state and national criminal history record
  188  check. The supervised visitation programs shall contract with
  189  the Department of Children and Family Services, the court
  190  administrator, or the clerk of court to conduct level 2
  191  background checks pursuant to chapter 435. The cost for the
  192  fingerprint processing may be borne by the supervised visitation
  193  program or the person subject to the background check. The
  194  department, court administrator, or clerk of court shall screen
  195  the criminal history results to determine if an applicant meets
  196  employment requirements, and is responsible for payment to the
  197  Department of Law Enforcement by invoice to the Department of
  198  Children and Family Services, the court administrator, or the
  199  clerk of court or via payment from a credit card by the
  200  applicant or a vendor on behalf of the applicant. If the
  201  Department of Children and Family Services, court administrator,
  202  or clerk of court is unable to conduct the background check, the
  203  supervised visitation program may participate in the Volunteer
  204  and Employee Criminal History System, as authorized by the
  205  National Child Protection Act of 1993 and s. 943.0542 to obtain
  206  criminal history information. In analyzing and evaluating the
  207  information obtained in the security background investigation,
  208  the program must give particular emphasis to past activities
  209  involving children, including, but not limited to, child-related
  210  criminal offenses or child abuse. The program has sole
  211  discretion in determining whether to hire or certify a person
  212  based on his or her security background investigation.
  213         (2) Any person who is providing services at a supervised
  214  visitation or supervised exchange monitoring program who has
  215  affirmed to the court in writing that he or she abides by the
  216  state standards described in s. 753.06 is presumed, prima facie,
  217  to be acting in good faith and is immune from any liability,
  218  civil or criminal, which otherwise might be incurred or imposed
  219  with regard to the provision of such services.
  220         Section 4. Section 753.09, Florida Statutes, is created to
  221  read:
  222         753.09Funding.—On or after January 1, 2011, only a
  223  supervised visitation program that has affirmed in a written
  224  agreement with the court that it abides by and is in compliance
  225  with the state standards provided under s. 753.06(1) may receive
  226  state funding for visitation or exchange monitoring services.
  227         Section 5. This act shall take effect October 1, 2010.