1 | A bill to be entitled |
2 | An act relating to supervised visitation programs for |
3 | children; repealing ss. 753.001, 753.002, and 753.004, |
4 | F.S., relating to the Florida Family Visitation Network; |
5 | creating ss. 753.01, 753.02, 753.03, 753.04, 753.05, |
6 | 753.06, 753.07, 753.08, 753.09, and 753.10, F.S.; |
7 | providing legislative findings and intent with respect to |
8 | administering supervised visitation programs; providing |
9 | definitions; providing for the development of standards |
10 | for supervised visitation and supervised exchange |
11 | services; providing for certification and monitoring of |
12 | supervised visitation programs; requiring compliance with |
13 | interim minimum standards; providing for security of |
14 | supervised visitation programs; providing for the use of |
15 | certain funds by supervised visitation programs to meet |
16 | security standards; requiring the Clearinghouse on |
17 | Supervised Visitation to develop training materials; |
18 | requiring the clearinghouse to fully implement and |
19 | maintain a mechanism for data collection; encouraging |
20 | supervised visitation programs to develop partnerships |
21 | with community organizations; requiring the clearinghouse |
22 | to develop standards for supervised visitation and |
23 | supervised exchange services; providing for an advisory |
24 | board; requiring reports to the Legislature and the Chief |
25 | Justice of the Supreme Court; amending s. 943.135, F.S.; |
26 | requiring the Criminal Justice Standards and Training |
27 | Commission to allow agencies employing law enforcement |
28 | officers to authorize volunteer service as a means of |
29 | fulfilling requirements for continuing education; creating |
30 | s. 943.254, F.S.; authorizing law enforcement agencies to |
31 | administer a volunteer program for officers to provide |
32 | security services during off-duty hours for certain |
33 | community programs; amending s. 382.0255, F.S.; requiring |
34 | the Department of Health to charge an additional fee for |
35 | requests for a certification of birth issued by the |
36 | department; providing for the distribution of the fee; |
37 | providing an effective date. |
38 |
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39 | Be It Enacted by the Legislature of the State of Florida: |
40 |
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41 | Section 1. Sections 753.001, 753.002, and 753.004, Florida |
42 | Statutes, are repealed. |
43 | Section 2. Sections 753.01, 753.02, 753.03, 753.04, |
44 | 753.05, 753.06, 753.07, 753.08, 753.09, and 753.10, Florida |
45 | Statutes, are created to read: |
46 | 753.01 Supervised visitation programs; legislative |
47 | findings and intent.-- |
48 | (1) The Legislature finds that there are children in this |
49 | state who have been adjudicated dependent by the court and, as a |
50 | result, are ordered into out-of-home placements. The Legislature |
51 | finds that a large number of these children experience the |
52 | separation or divorce of their parents. Some of these children |
53 | have been determined by the court to be at risk for physical, |
54 | emotional, or sexual abuse, parental abduction, domestic |
55 | violence, or other harm as a result of parental impairment due |
56 | to substance abuse or other conditions. The Legislature also |
57 | finds that exposing children to their parents' continuing |
58 | conflicts is detrimental to the children. |
59 | (2) The Legislature recognizes the importance of |
60 | maintaining contact between children and their noncustodial |
61 | parents while ensuring the safety of those children from further |
62 | or potential abuse, danger, or flight. The Legislature further |
63 | recognizes the importance of minimizing the circumstances in |
64 | which children are exposed to their parents' anger and disputes. |
65 | (3) The Legislature finds that supervised visitation |
66 | programs provide critically needed services by offering children |
67 | and noncustodial parents the opportunity to maintain a |
68 | relationship in a safe environment while facilitating safe |
69 | contact between perpetrators of domestic violence and their |
70 | children. |
71 | (4) The Legislature recognizes the need to ensure the |
72 | safety of the children, parents, and staff participating in |
73 | child visitations and exchanges. The Legislature also recognizes |
74 | the need for high-quality program services that meet the many |
75 | visitation and exchange needs of families, parents, and courts. |
76 | Therefore, the Legislature intends to provide, subject to |
77 | available funding, uniform standards for supervised visitation |
78 | and supervised exchange services to improve the security, |
79 | training, and quality of supervised visitation programs and to |
80 | use those standards to certify supervised visitation programs. |
81 | 753.02 Definitions.--As used in this chapter, the term: |
82 | (1) "Clearinghouse" means the Clearinghouse on Supervised |
83 | Visitation within the Institute for Family Violence Studies in |
84 | the School of Social Work of the Florida State University, which |
85 | serves as a statewide resource on supervised visitation issues |
86 | by providing technical assistance, training, and research. |
87 | (2) "Custodial parent" means a natural or adoptive parent, |
88 | guardian, caregiver, or state agency and its representative who |
89 | has temporary or permanent legal custody of a child. |
90 | (3) "Department" means the Department of Children and |
91 | Family Services. |
92 | (4) "Noncustodial parent" means a natural or adoptive |
93 | parent, guardian, caregiver, or other adult authorized by a |
94 | court order to have supervised contact with the child. |
95 | (5) "Supervised exchange" means the supervision of the |
96 | movement of the child from the custodial parent to the |
97 | noncustodial parent at the start of the visitation and from the |
98 | noncustodial parent back to the custodial parent at the end of |
99 | the visitation. |
100 | (6) "Supervised visitation" means the contact between a |
101 | noncustodial parent and child that occurs in the presence of an |
102 | independent third party. |
103 | (7) "Supervised visitation program" means a program |
104 | created to offer safe and structured supervised visitation and |
105 | supervised exchange services. |
106 | 753.03 Standards for supervised visitation and supervised |
107 | exchange services.-- |
108 | (1) The clearinghouse shall develop standards under s. |
109 | 753.10 to certify supervised visitation programs in order to |
110 | ensure the safety, training, and quality of each program. These |
111 | standards must be uniform for all programs, and a supervised |
112 | visitation program must meet these standards in order to be |
113 | certified. The standards developed must address the purpose, |
114 | policies, standards of practice, program content, security |
115 | measures, qualifications of providers, training, credentials of |
116 | staff, information to be provided to the court, and data |
117 | collection for supervised visitation programs. |
118 | (2) A supervised visitation program must be certified |
119 | before the court, the department, or another entity may refer |
120 | families for supervised visitation or supervised exchange |
121 | services. |
122 | (3) A supervised visitation program is encouraged to |
123 | voluntarily comply with the standards developed under s. 753.10 |
124 | prior to implementation of the certification process under s. |
125 | 753.04. |
126 | 753.04 Certification and monitoring of supervised |
127 | visitation programs.-- |
128 | (1) The process for certifying and monitoring the initial |
129 | and ongoing compliance of a supervised visitation program with |
130 | the standards developed under s. 753.10 shall be phased in and |
131 | is contingent upon the availability of funds. The first phase of |
132 | the certification process must emphasize compliance with the |
133 | standards relating to program security. |
134 | (2) Once the certification process is fully implemented, a |
135 | supervised visitation program must be certified in order to |
136 | receive state or federal funds. |
137 | (3) A supervised visitation program must be certified |
138 | before it may accept persons referred from courts, the |
139 | department, or other entities for supervised visitation or |
140 | supervised exchange services. |
141 | 753.05 Interim minimum standards for supervised visitation |
142 | programs.-- |
143 | (1) Until the standards for supervised visitation and |
144 | supervised exchange services are completed under s. 753.10 and |
145 | the certification and monitoring process is fully implemented, |
146 | each supervised visitation program must comply with the "Minimum |
147 | Standards for Supervised Visitation Programs Agreement" adopted |
148 | by the Supreme Court on November 18, 1999. Under this order, a |
149 | supervised visitation program shall enter into an agreement with |
150 | the circuit court or circuit courts within that program's |
151 | geographic jurisdiction attesting to the program's willingness |
152 | to comply with the Supreme Court's standards. |
153 | (2) Until the standards for supervised visitation and |
154 | supervised exchange services are completed and a certification |
155 | and monitoring process is fully implemented, a supervised |
156 | visitation program may not receive grant funds for access and |
157 | visitation under 42 U.S.C. s. 669b unless the program provides |
158 | documentation to the state agency administering the grant |
159 | verifying that the program has entered into an agreement with |
160 | the circuit court as required under subsection (1). This |
161 | subsection does not obligate the state agency administering the |
162 | grant to certify a program's compliance with the Minimum |
163 | Standards for Supervised Visitation Programs Agreement. |
164 | 753.06 Security in supervised visitation programs.-- |
165 | (1) Due to the nature of the relationships that created |
166 | the need for supervised visitation and supervised exchange |
167 | services, the security of each person participating in a |
168 | supervised visitation program must be a priority for each |
169 | program. Security concerns shall be a substantial component of |
170 | the adopted standards. Therefore, the safety of children, |
171 | custodial and noncustodial parents, and program staff shall be |
172 | ensured by each program, and the importance of that safety shall |
173 | be emphasized in all training. |
174 | (2) Each supervised visitation program is encouraged to |
175 | collaborate with local law enforcement agencies to facilitate |
176 | volunteerism by law enforcement officers at supervised |
177 | visitation programs using mechanisms such as those provided |
178 | under ss. 943.135(2) and 943.254 and using administrative leave |
179 | permitted for state employees who participate in community |
180 | service programs. |
181 | (3) Funds made available pursuant to s. 382.0255(3) shall |
182 | be used to assist supervised visitation programs in meeting the |
183 | standards pertaining to security measures to be developed |
184 | pursuant to s. 753.10. The funds shall be made available to |
185 | supervised visitation programs through the Department of |
186 | Children and Family Services based on criteria recommended by |
187 | the advisory board provided in s. 753.10. |
188 | 753.07 Training for supervised visitation and supervised |
189 | exchange services.--Contingent upon the availability of funding, |
190 | the clearinghouse shall develop, maintain, and update |
191 | competency-based training materials for supervised visitation |
192 | and supervised exchange services that are appropriate to meet |
193 | the training needs of program staff. The clearinghouse shall |
194 | also provide training to staff of the supervised visitation |
195 | programs. To the extent permitted by available funding, the |
196 | clearinghouse shall track trained staff who have completed |
197 | training requirements. |
198 | 753.08 Supervised visitation programs; data |
199 | collection.--Contingent upon the availability of funding, the |
200 | clearinghouse shall fully implement and maintain a mechanism for |
201 | collecting data on supervised visitation and supervised exchange |
202 | services provided in this state. Each supervised visitation |
203 | program must maintain and submit the identified data to the |
204 | clearinghouse. The clearinghouse shall annually compile the |
205 | information and make it available to the President of the |
206 | Senate, the Speaker of the House of Representatives, the courts, |
207 | the Chief Justice of the Supreme Court, the department, and any |
208 | other organization represented on the advisory board provided |
209 | for in s. 753.10. |
210 | 753.09 Supervised visitation programs; community |
211 | partnerships.--A supervised visitation program is encouraged to |
212 | develop partnerships with other organizations in its community |
213 | that may be able to offer important resources to strengthen the |
214 | services provided. Such community partners may include, but need |
215 | not be limited to, county and city governments, such as local |
216 | extension services, colleges and universities, such as the |
217 | University of Florida Institute of Food and Agricultural |
218 | Sciences and the Florida State University Institute of Family |
219 | Violence Studies, the Junior League, and the United Way. |
220 | 753.10 Development of standards and certification |
221 | process.-- |
222 | (1) The clearinghouse shall develop standards for the |
223 | supervised visitation and supervised exchange services. The |
224 | standards developed must address the purpose, policies, |
225 | standards of practice, program content, security measures, |
226 | qualifications of providers, training, credentials of staff, |
227 | information to be provided to the court, and data collection for |
228 | supervised visitation programs. The standards shall be the basis |
229 | for certifying supervised visitation programs. A supervised |
230 | visitation program may not be certified unless it meets the |
231 | standards adopted by the designated state agency. |
232 | (2) The clearinghouse shall use an advisory board to |
233 | assist in developing the standards. The advisory board must |
234 | include: |
235 | (a) Two members of the executive board of the state |
236 | chapter of the Supervised Visitation Network, appointed by the |
237 | president of the state chapter of the Supervised Visitation |
238 | Network. |
239 | (b) A representative from the Office of the State Courts |
240 | Administrator, appointed by the State Courts Administrator. |
241 | (c) A representative from the department, appointed by the |
242 | Secretary of Children and Family Services. |
243 | (d) A representative from the Florida Coalition Against |
244 | Domestic Violence, appointed by the executive director of the |
245 | Florida Coalition Against Domestic Violence. |
246 | (e) A representative from a local law enforcement agency, |
247 | appointed by the executive director of the Florida Sheriffs |
248 | Association. |
249 | (f) A family law judge, appointed by the Chief Justice of |
250 | the Supreme Court. |
251 | (g) Two representatives from a supervised visitation |
252 | program, appointed by the director of the clearinghouse. |
253 | (h) A representative from the Junior League, selected by |
254 | the State Board of the Junior League. |
255 | (i) A representative from the Commission on Marriage and |
256 | Family Support Initiatives. |
257 | (3) The clearinghouse, in consultation with the advisory |
258 | board, shall also develop the criteria and procedures for |
259 | approving and rejecting certification applications and for |
260 | monitoring compliance with the certification of a supervised |
261 | visitation program. Additionally, the clearinghouse shall |
262 | recommend the process for phasing in the implementation of the |
263 | standards and certification procedures and shall recommend the |
264 | state entity that should certify and monitor the supervised |
265 | visitation programs. |
266 | (4) The clearinghouse shall submit a preliminary report |
267 | containing its recommendations on the uniform standards and the |
268 | certification and monitoring developed to date by December 31, |
269 | 2004, and a final report of all recommendations by December 31, |
270 | 2005, to the President of the Senate, the Speaker of the House |
271 | of Representatives, and the Chief Justice of the Supreme Court. |
272 | (5) It is the intent of the Legislature that the standards |
273 | for supervised visitation and supervised exchange services and |
274 | the criteria and procedures for the certification and monitoring |
275 | process be adopted as rules by the state entity designated by |
276 | the Legislature to certify and monitor the supervised visitation |
277 | programs. |
278 | Section 3. Subsections (2), (3), and (4) of section |
279 | 943.135, Florida Statutes, are renumbered as subsections (3), |
280 | (4), and (5), respectively, and a new subsection (2) is added to |
281 | said section to read: |
282 | 943.135 Requirements for continued employment.-- |
283 | (2) The commission shall permit an employing agency to |
284 | allow an officer to meet up to 3 hours of the 40 hours of |
285 | required continuing education and training by volunteering at a |
286 | community-based, not-for-profit organization that serves |
287 | children or families who have experienced or are at risk for |
288 | child abuse or domestic violence, including, but not limited to, |
289 | a supervised visitation program as provided in chapter 753. This |
290 | special population poses complex challenges to law enforcement |
291 | officers. Continuing education and training through community |
292 | service provides a unique learning opportunity for officers to |
293 | understand the special needs of this group of constituents, |
294 | build community relations, and provide a visible presence of law |
295 | enforcement officers in the community. Volunteer time applied as |
296 | continuing education and training under this subsection may |
297 | include time spent in providing security services but does not |
298 | substitute for the continuing education in domestic violence |
299 | required under s. 943.1701. |
300 | Section 4. Section 943.254, Florida Statutes, is created |
301 | to read: |
302 | 943.254 Volunteer work by law enforcement officers.-- |
303 | (1) An employing agency may operate or administer a |
304 | program for law enforcement officers to provide volunteer |
305 | security services during off-duty hours at a community-based, |
306 | not-for-profit program that serves children or families who have |
307 | experienced or are at risk for child abuse or domestic violence |
308 | and that involves potential risk to staff or clients. A |
309 | community-based, not-for-profit program may include, but need |
310 | not be limited to, a supervised visitation program operating |
311 | under chapter 753. |
312 | (2) Any community-based, not-for-profit program at which a |
313 | law enforcement officer volunteers is responsible for the acts |
314 | or omissions of the law enforcement officer while he or she is |
315 | performing services for that program off-duty. However, for |
316 | purposes of coverage under the Workers' Compensation Law, a law |
317 | enforcement officer who volunteers as provided in this section |
318 | and who meets the provisions of s. 440.091 shall be considered |
319 | to have been acting within the course of employment under s. |
320 | 440.091. |
321 | (3) A law enforcement officer who volunteers during off- |
322 | duty hours as provided in this section is exempt from the |
323 | licensure requirements of chapter 493 for persons who provide |
324 | security or investigative services. |
325 | Section 5. Subsections (3) and (4) of section 382.0255, |
326 | Florida Statutes, are renumbered as subsections (4) and (5), |
327 | respectively, and a new subsection (3) is added to said section |
328 | to read: |
329 | 382.0255 Fees.-- |
330 | (3) The fee charged for each request for a certification |
331 | of a birth record issued by the department shall be subject to |
332 | an additional fee of $1, which shall be deposited in the |
333 | appropriate departmental trust fund. Fees collected pursuant to |
334 | this subsection shall be used by the supervised visitation |
335 | programs to prevent child abuse and domestic violence. On an |
336 | annual basis, the department shall transfer the fees collected |
337 | to the Grants and Donations Trust Fund to be distributed to the |
338 | supervised visitation programs of the Department of Children and |
339 | Family Services as provided for in s. 753.06. |
340 | Section 6. This act shall take effect July 1, 2004. |