HB 1207

CS

CHAMBER ACTION

1	The Committee on Judiciary recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to parenting coordination; amending s.
7	61.046, F.S.; providing a definition; creating s. 61.125,
8	F.S.; authorizing the court to appoint a parenting
9	coordinator in certain proceedings; requiring the
10	parenting coordinator to serve until discharged by the
11	court; authorizing the court to order the parenting
12	coordinator to make determinations related to implementing
13	the parenting plan; providing that the parenting
14	coordinator's determination is binding under specified
15	circumstances; providing that communications with a
16	parenting coordinator are not confidential except in
17	certain situations; establishing the qualifications for a
18	parenting coordinator; requiring the court to determine a
19	party's financial ability to pay for certain services
20	under certain circumstances; providing for compensation;
21	requiring the parenting coordinator to protect the child's
22	or children's best interest; establishing the duties of a
23	parenting coordinator; providing prohibitions; providing
24	civil immunity for parenting coordinators acting within
25	the scope of employment; providing a definition; providing
26	applicability; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Subsections (14), (15), (16), (17), (18), (19),
31	and (20) of section 61.046, Florida Statutes, are renumbered as
32	subsections (15), (16), (17), (18), (19), (20), and (21),
33	respectively, and a new subsection (14) is added to said
34	section, to read:
35	61.046  Definitions.--As used in this chapter:
36	(14)  "Parenting coordination" means a process in which a
37	parenting coordinator helps the parties implement their
38	parenting plan by facilitating the resolution of disputes
39	between parents or legal guardians and, with the prior approval
40	of the parties and the court, make decisions within the scope of
41	the court order of appointment.
42	Section 2.  Section 61.125, Florida Statutes, is created to
43	read:
44	61.125  Court-ordered parenting coordination.--
45	(1)  After notice to the parties, the court may, on its own
46	motion, a motion by one of the parties, or an agreement by the
47	parties, appoint a parenting coordinator to perform the duties
48	outlined in subsection (9) if the court finds all of the
49	following:
50	(a)  The parties failed to adequately implement their
51	parenting plan in relation to the child or children who are the
52	subject or subjects of the proceedings.
53	(b)  Mediation has not been successful or has been
54	determined by the judge to be inappropriate.
55	(c)  The appointment of a parenting coordinator is in the
56	best interest of the child or children involved in the
57	proceedings.
58	(2)  The parenting coordinator shall serve until discharged
59	by the court.
60	(3)  With written consent of the parties, the court may
61	order that the parenting coordinator has the authority to
62	determine specific matters related to implementing the parenting
63	plan. Any determination shall be in writing, shall be provided
64	to all parties and their attorneys, and shall become binding on
65	the parties until a court of competent jurisdiction finds
66	otherwise. The parenting coordinator's determination is subject
67	to de novo review.
68	(4)  Communications with the parenting coordinator are not
69	confidential, unless the court finds that designation as
70	confidential of all or part of the communications is in the best
71	interest of the child or children involved. Such determination
72	must be agreed upon by both parties and the parenting
73	coordinator.
74	(5)  Unless otherwise agreed to by the parties or ordered
75	by the court, each person appointed by the court to serve as a
76	parenting coordinator shall meet all of the following
77	qualifications:
78	(a)  Licensure as a mental health professional pursuant to
79	chapter 490 or chapter 491, or licensure as a physician pursuant
80	to chapter 458 with certification by the American Board of
81	Psychiatry and Neurology.
82	(b)  Three years of postlicensure practice.
83	(c)  Completion of a Florida Supreme Court certified family
84	mediation training program.
85	(d)  A minimum of 20 hours of parenting coordination
86	training, including:
87	1.  Parenting coordination concepts and ethics.
88	2.  Family dynamics in separation and divorce.
89	3.  The parenting coordination process.
90	4.  Parenting coordination techniques.
91	5.  Family court procedures.
92	(6)  Unless otherwise agreed to by the parties, referral to
93	a parenting coordinator or parenting coordination program that
94	charges a fee may only be made if the court has determined that
95	the parties have the financial ability to pay such a fee. The
96	determination may be based upon financial affidavits submitted
97	by the parties or other financial information available to the
98	court.
99	(7)  A parenting coordinator may be compensated by the
100	parties or by public funds to the extent available.
101	(8)  The parenting coordinator shall assist the parties and
102	the child or children in implementing the court-ordered
103	parenting plan and is generally required to protect the child's
104	or children's best interest. The parenting coordinator is
105	entitled to communicate with the parties, the child or children,
106	health care providers, and any other third parties deemed
107	necessary by the parenting coordinator, provided that the
108	parties have signed any necessary releases.
109	(9)  The duties of a parenting coordinator include:
110	(a)  Assisting the parents in implementing the parenting
111	plan and in developing structured guidelines for the
112	implementation of the plan.
113	(b)  Developing guidelines for communication between the
114	parents. The parenting coordinator may refer one or both parents
115	to appropriate resources for the development of parenting
116	skills.
117	(c)  Assisting the parents in developing parenting
118	strategies in a manner that minimizes conflict.
119	(d)  Teaching communication skills and principles of child
120	development.
121	(e)  Educating both parents about the sources of their
122	conflict and its effect on their child or children.
123	(10)  The parenting coordinator shall not:
124	(a)  Serve as a child custody evaluator in a proceeding
125	involving one or more parties for whom he or she has provided
126	prior parenting coordination services.
127	(b)  Provide a determination, recommendation, or opinion on
128	child custody or primary physical residence.
129	(c)  Provide a determination on financial matters.
130	(d)  Modify the substantive rights of the parties as
131	provided in the parenting agreement or other valid court order.
132	(e)  Serve in the role of a therapist. Any issue indicating
133	the need for therapy shall be referred to the appropriate
134	professional or resource.
135	(11)  A parenting coordinator duly appointed by a court of
136	competent jurisdiction shall not be held liable for civil
137	damages for any act or omission in the scope of the parenting
138	coordinator's statutory duties as enumerated in this section,
139	unless such person acted in bad faith or with malicious purpose,
140	or in a manner exhibiting wanton and willful disregard of the
141	rights, safety, or property of the parties.
142	(12)  For the purposes of this section, the term "parenting
143	plan" means a temporary or final court order setting out the
144	residence, parental responsibility, visitation, or other
145	parental responsibility issues in a dissolution of marriage
146	proceeding or any other civil action involving custody or
147	parenting of a child or children. This subsection shall not
148	apply to proceedings under chapter 39.
149	Section 3.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.