Senate Bill sb2640er

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    2004 Legislature                 CS for SB 2640, 1st Engrossed



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  2         An act relating to parenting coordination;

  3         amending s. 61.046, F.S.; providing

  4         definitions; creating s. 61.125, F.S.; creating

  5         the parenting coordination program; authorizing

  6         the court to appoint and discharge a parenting

  7         coordinator in certain proceedings; providing

  8         that communications with a parenting

  9         coordinator are not confidential except in

10         certain situations; establishing the

11         qualifications for a parenting coordinator;

12         requiring the court to determine a party's

13         financial ability to pay for certain services

14         under certain circumstances; specifying powers

15         and duties of a parenting coordinator;

16         providing for compensation; restricting

17         parenting coordinators from serving in certain

18         cases; providing civil immunity for parenting

19         coordinators acting within the scope of

20         employment; providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Subsections (14), (15), (16), (17), (18),

25  (19), and (20) of section 61.046, Florida Statutes, are

26  renumbered as subsections (15), (16), (17), (18), (19), (20),

27  and (21), respectively, and a new subsection (14) is added to

28  that section, to read:

29         61.046  Definitions.--As used in this chapter:

30         (14)  "Parenting coordination" means a process in which

31  a parenting coordinator helps the parties implement their


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    2004 Legislature                 CS for SB 2640, 1st Engrossed



 1  parenting plan by facilitating the resolution of disputes

 2  between parents or legal guardians and, with the prior

 3  approval of the parties and the court, by making decisions

 4  within the scope of the court order of appointment.

 5         Section 2.  Section 61.125, Florida Statutes, is

 6  created to read:

 7         61.125  Court-ordered parenting coordination.--

 8         (1)  After notice to the parties, the court may, on its

 9  own motion, a motion by one of the parties, or an agreement by

10  the parties, appoint a parenting coordinator to perform the

11  duties outlined in subsection (9) if the court finds all of

12  the following:

13         (a)  The parties failed to adequately implement their

14  parenting plan in relation to the child or children who are

15  the subject or subjects of the proceedings.

16         (b)  Mediation has not been successful or has been

17  determined by the judge to be inappropriate.

18         (c)  The appointment of a parenting coordinator is in

19  the best interest of the child or children involved in the

20  proceedings.

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22  Before appointing a parenting coordinator for the parties, the

23  court shall consider the effect that any domestic violence

24  injunction affecting the parties may have on the parties'

25  ability to engage in parenting coordination.

26         (2)  The parenting coordinator shall serve until

27  discharged by the court.

28         (3)  With written consent of the parties, the court may

29  order that the parenting coordinator has the authority to

30  determine specific matters related to implementing the

31  parenting plan. Any determination shall be in writing,


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    2004 Legislature                 CS for SB 2640, 1st Engrossed



 1  provided to all parties and their attorneys; and shall become

 2  binding on the parties until a court of competent jurisdiction

 3  finds otherwise. The coordinator's determination is subject to

 4  de novo review.

 5         (4)  Communications with the parenting coordinator are

 6  not confidential, unless the court finds that designation as

 7  confidential of all or part of the communications is in the

 8  best interest of the child or children involved. Such

 9  determination must be agreed upon by both parties and the

10  coordinator.

11         (5)  Unless the parties agree to the appointment of a

12  member of the clergy or a member of The Florida Bar in good

13  standing offering services on a pro bono basis, each person

14  appointed by the court to serve as a parenting coordinator

15  shall meet all of the following qualifications:

16         (a)  Licensure as a mental health professional pursuant

17  to chapter 490 or chapter 491, or licensure as a physician

18  pursuant to chapter 458 with certification by the American

19  Board of Psychiatry and Neurology.

20         (b)  Three years of postlicensure practice.

21         (c)  Completion of a Florida Supreme Court certified

22  family mediation training program.

23         (d)  A minimum of 20 hours of parenting coordination

24  training, including:

25         1.  Parenting coordination concepts and ethics.

26         2.  Family dynamics in separation and divorce.

27         3.  The parenting coordination process.

28         4.  Parenting coordination techniques.

29         5.  Family court procedures.

30         6.  Domestic violence.

31  


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    2004 Legislature                 CS for SB 2640, 1st Engrossed



 1  Service as a parenting coordinator in four or more cases

 2  before October 1, 2004, may be substituted for the

 3  requirements of paragraphs (a) and (b).

 4         (6)  Unless otherwise agreed to by the parties,

 5  referral to a parenting coordinator or parenting coordination

 6  program which charges a fee may only be made if the court has

 7  determined that the parties have the financial ability to pay

 8  such a fee. The determination may be based upon financial

 9  affidavits submitted by the parties or other financial

10  information available to the court.

11         (7)  A parenting coordinator may be compensated by the

12  parties or by public funds to the extent available.

13         (8)  The parenting coordinator shall assist the parties

14  and the children in implementing the court-ordered parenting

15  plan, and is generally required to protect the children's best

16  interests.  The parenting coordinator is entitled to

17  communicate with the parties, children, health care providers,

18  and any other third parties deemed necessary by the parenting

19  coordinator, provided that the parties have signed any

20  necessary releases.

21         (9)  The duties of a parenting coordinator include:

22         (a)  Assisting the parents in implementing the

23  parenting plan and in developing structured guidelines for

24  implementation of the plan.

25         (b)  Developing guidelines for communication between

26  the parents.  The parenting coordinator may refer one or both

27  parents to appropriate resources for the development of

28  parenting skills.

29         (c)  Assisting the parents in developing parenting

30  strategies in a manner that minimizes conflict.

31  


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 1         (d)  Teaching communication skills and principles of

 2  child development.

 3         (e)  Educating both parents about the sources of their

 4  conflict and its effect on the children.

 5         (10)  The parenting coordinator shall not:

 6         (a)  Serve as a child custody evaluator in a proceeding

 7  involving one or more parties for whom he or she has provided

 8  prior parenting coordination services.

 9         (b)  Provide a determination, recommendation, or

10  opinion on child custody or primary physical residence.

11         (c)  Provide a determination on financial matters.

12         (d)  Modify the substantive rights of the parties as

13  provided in the parenting agreement or other valid court

14  order.

15         (e)  Serve in the role of a therapist.  Any issue

16  indicating the need for therapy shall be referred to the

17  appropriate professional or resource.

18         (11)  A parenting coordinator duly appointed by the

19  court shall not be held liable for civil damages for any act

20  or omission in the scope of the parenting coordinator's

21  statutory duties as enumerated in this section, unless such

22  person acted in bad faith or with malicious purpose, or in a

23  manner exhibiting wanton and willful disregard of the rights,

24  safety, or property of the parties.

25         (12)  For the purposes of this section, the term

26  "parenting plan" means a temporary or final court order

27  setting out the residence, parental responsibilty, visitation,

28  or other parental responsibilty issues in a dissolution of

29  marriage proceeding or any other civil action involving

30  custody or parenting of a child or children. This subsection

31  shall not apply to proceedings under chapter 39.


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    2004 Legislature                 CS for SB 2640, 1st Engrossed



 1         Section 3.  This act shall take effect October 1, 2004.

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