Florida Senate - 2012                       CS for CS for SB 370
       
       
       
       By the Committees on Judiciary; and Children, Families, and
       Elder Affairs; and Senators Wise and Lynn
       
       
       
       590-03219-12                                           2012370c2
    1                        A bill to be entitled                      
    2         An act relating to supervised visitation and exchange
    3         monitoring; creating s. 753.06, F.S.; adopting state
    4         standards for supervised visitation programs;
    5         requiring each program to annually affirm compliance
    6         with the standards to the court; providing that after
    7         a specified date only those programs that adhere to
    8         the state standards may receive state funding;
    9         creating s. 753.07, F.S.; providing factors for the
   10         court or child-placing agency to consider when
   11         referring cases for supervised visitation or exchange
   12         monitoring; specifying training requirements for
   13         persons providing such services; authorizing
   14         supervised visitation programs to alert the court to
   15         problems with referred cases; creating s. 753.08,
   16         F.S.; requiring supervised visitation programs to
   17         conduct security background checks of employees and
   18         volunteers; providing requirements for such checks;
   19         requiring that an employer furnish a copy of the
   20         personnel record for the employee or former employee
   21         upon request; providing immunity to employers who
   22         provide information for purposes of a background
   23         check; requiring that all applicants hired or
   24         certified by a program after a specified date undergo
   25         a level 2 background screening; delegating
   26         responsibility for screening criminal history
   27         information and for costs; authorizing a supervised
   28         visitation program to participate in the Volunteer and
   29         Employee Criminal History System in order to obtain
   30         criminal history information; providing that certain
   31         persons providing services at a supervised visitation
   32         program are presumed to act in good faith; providing
   33         that such persons acting in good faith are immune from
   34         civil and criminal liability; providing an effective
   35         date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 753.06, Florida Statutes, is created to
   40  read:
   41         753.06Standards; funding limitations.—
   42         (1) The standards provided in the final report submitted to
   43  the Legislature pursuant to s. 753.03(4) shall be the state’s
   44  standards for supervised visitation and exchange monitoring.
   45         (2) Each supervised visitation program must annually affirm
   46  in a written agreement with the court that it abides by the
   47  standards. If the program has a contract with a child-placing
   48  agency, that contract must include an affirmation that the
   49  program complies with the standards. A copy of the agreement or
   50  contract must be made available to any party upon request.
   51         (3) On or after January 1, 2013, only a supervised
   52  visitation program that has affirmed in a written agreement with
   53  the court that it abides by and is in compliance with the state
   54  standards may receive state funding for supervised visitation or
   55  exchange monitoring services.
   56         Section 2. Section 753.07, Florida Statutes, is created to
   57  read:
   58         753.07Referrals.—
   59         (1) Courts and referring child-placing agencies must adhere
   60  to the following priorities when determining where to refer
   61  cases for supervised visitation or exchange monitoring:
   62         (a) For cases that are filed under chapter 61 or chapter
   63  741 in which the courts are the primary source of referrals, the
   64  court shall direct referrals as follows:
   65         1. The order must refer the parties to a supervised
   66  visitation program that has a written agreement with the court
   67  as provided in s. 753.06(2) if such a program exists in the
   68  community.
   69         2. If a program does not exist, or if the existing program
   70  is not able to accept the referral for any reason, the court may
   71  refer the case to a local licensed mental health professional.
   72  Such professional is not required to abide by the state
   73  standards established in s. 753.06; however, the professional
   74  must affirm to the court in writing that he or she has completed
   75  the clearinghouse’s free, online supervised visitation training
   76  program and has read and understands the state standards.
   77         (b) In cases governed by chapter 39, the referring child
   78  placing agency must adhere to the following:
   79         1. The agency that has primary responsibility for the case
   80  must ensure that each family is assessed for problems that could
   81  present safety risks during parent-child contact. If risks are
   82  found, agency staff shall consider referring the parties to a
   83  local supervised visitation program that has affirmed in writing
   84  that it adheres to the state standards if such a program exists
   85  in the community.
   86         2. If agency staff determines that there is no need for a
   87  supervised visitation, such program does not exist, or the
   88  existing program is unable to accept the referral for any
   89  reason, the child protective investigator or case manager who
   90  has primary responsibility for the case may:
   91         a. Supervise the parent-child contact himself or herself.
   92  However, before a child protective investigator or case manager
   93  may supervise visits, he or she must review or receive training
   94  on the online training manual for the state’s supervised
   95  visitation programs and affirm in writing to his or her own
   96  agency that he or she has received training on, or has reviewed
   97  and understands, the state standards.
   98         b. Designate a foster parent or relative to supervise the
   99  parent-child visits in those cases that do not warrant the
  100  supervision of the child protective investigator or case
  101  manager. However, the designated foster parent or relative must
  102  first be apprised that the case manager conducted a safety
  103  assessment described in subparagraph 1., and must be provided
  104  access to free training material on the foster parent’s or
  105  relative’s role in supervised visitation. Such materials may be
  106  created by the clearinghouse using existing or new material and
  107  must be approved by the department. Such training may be
  108  included in any preservice foster parent training conducted by
  109  the agency.
  110         3. If a program does not exist, or if the existing program
  111  is unable to accept the referral and the child protective
  112  investigator or case manager is unable to supervise the parent
  113  child contact or designate a foster parent or relative to
  114  supervise the visits as described in subparagraph 2., the agency
  115  that has primary responsibility for the case may refer the case
  116  to other qualified staff within that agency to supervise the
  117  contact. However, before such staff member may supervise any
  118  visits, he or she must review or receive training on the online
  119  training manual for supervised visitation programs and affirm in
  120  writing to his or her own agency that he or she has received
  121  training on, or has reviewed and understands, the training
  122  manual and the state standards.
  123         4. The agency that has primary responsibility for the case
  124  may not refer the case to a subcontractor or other agency to
  125  perform the supervised visitation unless that subcontractor’s or
  126  other agency’s child protective investigators or case managers
  127  who supervise onsite or offsite visits have reviewed or received
  128  training on the clearinghouse’s online training manual for
  129  supervised visitation programs and affirm to their own agency
  130  that they have received training on, or have reviewed and
  131  understand, the training manual and the state standards.
  132         (2) This section does not prohibit the court from allowing
  133  a litigant’s relatives or friends to supervise visits if the
  134  court determines that such supervision is safe. However, such
  135  informal supervisors must be made aware of the free online
  136  clearinghouse materials that they may voluntarily choose to
  137  review. These materials must provide information that helps
  138  educate the informal supervisors about the inherent risks and
  139  complicated dynamics of supervised visitation.
  140         (3) Supervised visitation programs may alert the court in
  141  writing if there are problems with referred cases and the court
  142  may set a hearing to address these problems.
  143         Section 3. Section 753.08, Florida Statutes, is created to
  144  read:
  145         753.08Security background checks; immunity.—
  146         (1) Because of the special trust or responsibility placed
  147  on volunteers and employees of supervised visitation programs,
  148  such program must conduct a security background investigation
  149  before hiring an employee or certifying a volunteer.
  150         (a) A security background investigation must include, but
  151  need not be limited to, employment history checks, reference
  152  checks, local criminal history records checks through local law
  153  enforcement agencies, and statewide criminal history records
  154  checks through the Department of Law Enforcement.
  155         (b) Upon request, an employer shall furnish a copy of the
  156  personnel record for the employee or former employee who is the
  157  subject of a security background investigation. The information
  158  contained in the record may include, but need not be limited to,
  159  disciplinary matters and the reason the employee was terminated
  160  from employment, if applicable. An employer who releases a
  161  personnel record for purposes of a security background
  162  investigation is presumed to have acted in good faith and is not
  163  liable for information contained in the record without a showing
  164  that the employer maliciously falsified the record.
  165         (c) All employees hired or volunteers certified on or after
  166  October 1, 2012, must undergo a state and national criminal
  167  history record check. Supervised visitation programs shall
  168  contract with the department, the court administrator, or the
  169  clerk of court to conduct level 2 background checks under
  170  chapter 435. The cost for the fingerprint processing may be
  171  borne by the program or the person subject to the background
  172  check. The department, court administrator, or clerk of court
  173  shall screen the criminal history results to determine if an
  174  applicant meets the minimum requirements and is responsible for
  175  payment to the Department of Law Enforcement by invoice to the
  176  department, the court administrator, or the clerk of court or
  177  via payment from a credit card by the applicant or a vendor on
  178  behalf of the applicant. If the department, court administrator,
  179  or clerk of court is unable to conduct the background check, the
  180  supervised visitation program may participate in the Volunteer
  181  and Employee Criminal History System, as authorized by the
  182  National Child Protection Act of 1993 and s. 943.0542, to obtain
  183  criminal history information.
  184         (d) The security background investigation must ensure that
  185  a person is not hired as an employee or certified as a volunteer
  186  if the person has an arrest awaiting final disposition for, has
  187  been convicted of, regardless of adjudication, has entered a
  188  plea of nolo contendere or guilty to, or has been adjudicated
  189  delinquent and the record has not been sealed or expunged for,
  190  any offense prohibited under s. 435.04(2).
  191         (e) In analyzing and evaluating the information obtained in
  192  the security background investigation, the program must give
  193  particular emphasis to past activities involving children,
  194  including, but not limited to, child-related criminal offenses
  195  or child abuse. The program has sole discretion in determining
  196  whether to hire or certify a person based on his or her security
  197  background investigation.
  198         (2) Any person who is providing supervised visitation or
  199  exchange monitoring services through a supervised visitation
  200  program and who affirms to the court in writing that he or she
  201  abides by the state standards described in s. 753.06 is
  202  presumed, prima facie, to be acting in good faith. Such persons
  203  acting in good faith are immune from civil and criminal
  204  liability with regard to the provision of the services.
  205         Section 4. This act shall take effect October 1, 2012.