Senate Bill sb0498

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    Florida Senate - 2004                                   SB 498

    By Senator Lynn





    7-350A-04

  1                      A bill to be entitled

  2         An act relating to supervised visitation

  3         programs for children; repealing ss. 753.001,

  4         753.002, 753.004, F.S., relating to the Florida

  5         Family Visitation Network; creating ss. 753.01,

  6         753.02, 753.03, 753.04, 753.05, 753.06, 753.07,

  7         753.08, 753.09, F.S.; providing legislative

  8         intent with respect to administering supervised

  9         visitation programs; defining terms for

10         supervised visitation and supervised exchange

11         services; providing for the development of

12         standards for supervised visitation and

13         supervised exchange services; requiring

14         compliance with interim minimum standards;

15         providing for security of supervised visitation

16         programs; requiring the Clearinghouse on

17         Supervised Visitation to develop training

18         materials; providing for the clearinghouse to

19         develop and implement a mechanism for data

20         collection; providing for the clearinghouse to

21         develop standards for supervised visitation and

22         supervised exchange services; providing for an

23         advisory board; requiring a report to the

24         Legislature; amending s. 943.135, F.S.;

25         requiring the Criminal Justice Standards and

26         Training Commission to allow agencies employing

27         law enforcement officers to authorize volunteer

28         service as a means of fulfilling requirements

29         for continuing education; creating s. 943.254,

30         F.S.; authorizing law enforcement agencies to

31         administer a volunteer program for officers to

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    Florida Senate - 2004                                   SB 498
    7-350A-04




 1         provide security services during off-duty hours

 2         for certain community programs; providing an

 3         effective date.

 4  

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

 6  

 7         Section 1.  Sections 753.001, 753.002, and 753.004,

 8  Florida Statutes, are repealed.

 9         Section 2.  Sections 753.01, 753.02, 753.03, 753.04,

10  753.05, 753.06, 753.07, 753.08, and 753.09, Florida Statutes,

11  are created to read:

12         753.01  Supervised visitation programs; legislative

13  findings and intent.--

14         (1)  The Legislature finds that there are children in

15  this state who have been adjudicated dependent by the court

16  and, as a result, are ordered into out-of-home placements. The

17  Legislature finds that a large number of these children

18  experience the separation or divorce of their parents. Some of

19  these children have been determined by the court to be at risk

20  for physical, emotional, or sexual abuse; parental abduction;

21  domestic violence; or other harm as a result of parental

22  impairment due to substance abuse or other conditions. The

23  Legislature also finds that exposing the children to their

24  parents' continuing conflicts is detrimental to the children.

25         (2)  The Legislature recognizes the importance of

26  maintaining contact between children and their noncustodial

27  parents while ensuring the safety of those children from

28  further or potential abuse, danger, or flight. The Legislature

29  further recognizes the importance of minimizing the

30  circumstances in which children are exposed to their parents'

31  anger and disputes.

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    Florida Senate - 2004                                   SB 498
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 1         (3)  The Legislature finds that supervised visitation

 2  programs provide critically needed services by offering

 3  children and noncustodial parents the opportunity to maintain

 4  a relationship in a safe environment while facilitating safe

 5  contact between perpetrators of domestic violence and their

 6  children.

 7         (4)  The Legislature recognizes the need to ensure the

 8  safety of the children, parents, and staff participating in

 9  child visitations and exchanges. The Legislature also

10  recognizes the need for high-quality program services that

11  meet the many visitation and exchange needs of families,

12  parents, and the courts. Therefore, the Legislature intends to

13  provide, subject to available funding, uniform standards for

14  supervised visitation and supervised exchange services to

15  improve the security, training, and quality of supervised

16  visitation programs and to use those standards to certify

17  supervised visitation programs.

18         753.02  Definitions.--As used in this chapter, the

19  term:

20         (1)  "Clearinghouse on Supervised Visitation" or

21  "clearinghouse" means the entity within the Institute for

22  Family Violence Studies in the School of Social Work of the

23  Florida State University which serves as a statewide resource

24  on supervised visitation issues by providing technical

25  assistance, training, and research.

26         (2)  "Custodial parent" means a natural or adoptive

27  parent, guardian, caregiver, or state agency and its

28  representative, who has temporary or permanent legal custody

29  of a child.

30         (3)  "Department" means the Department of Children and

31  Family Services.

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    Florida Senate - 2004                                   SB 498
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 1         (4)  "Noncustodial parent" means a natural or adoptive

 2  parent, guardian, caregiver, or other adult authorized by a

 3  court order to have supervised contact with the child.

 4         (5)  "Supervised exchange" means the supervision of the

 5  movement of the child from the custodial parent to the

 6  noncustodial parent at the start of the visitation and from

 7  the noncustodial parent back to the custodial parent at the

 8  end of the visitation.

 9         (6)  "Supervised visitation" means the contact between

10  a noncustodial parent and child which occurs in the presence

11  of an independent third party.

12         (7)  "Supervised visitation program" means a program

13  created to offer safe and structured supervised visitation and

14  supervised exchange services.

15         753.03  Standards for supervised visitation and

16  supervised exchange services.--

17         (1)  The clearinghouse shall develop standards under s.

18  753.09 to certify supervised visitation programs in order to

19  ensure the safety, training, and quality of each program.

20  These standards must be uniform for all the programs and a

21  supervised visitation program must meet these standards in

22  order to be certified. The standards developed must address

23  the purpose, policies, standards of practice, program content,

24  security measures, qualifications of providers, training,

25  credentials of staff, information to be provided to the court,

26  and data collection for supervised visitation programs.

27         (2)  A supervised visitation program must be certified

28  before the court, the department, or another entity may refer

29  families for supervised visitation or supervised exchange

30  services.

31  

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 1         (3)  A supervised visitation program is encouraged to

 2  voluntarily comply with the standards developed under s.

 3  753.09 prior to implementation of the certification process

 4  under s. 753.04.

 5         753.04  Certification and monitoring of supervised

 6  visitation programs.--

 7         (1)  The process for certifying and monitoring the

 8  initial and ongoing compliance of a supervised visitation

 9  program with the standards developed under s. 753.09 shall be

10  phased in and is contingent upon the availability of funds.

11  The first phase of the certification process must emphasize

12  compliance with the standards relating to program security.

13         (2)  Once the certification process is fully

14  implemented, a supervised visitation program must be certified

15  in order to receive state or federal funds.

16         (3)  A supervised visitation program must be certified

17  before it may accept persons referred from courts, the

18  department, or other entities for supervised visitation or

19  supervised exchange services.

20         753.05  Interim minimum standards for supervised

21  visitation programs.--

22         (1)  Until the standards for supervised visitation and

23  supervised exchange services are completed under s. 753.09 and

24  the certification and monitoring process is fully implemented,

25  each supervised visitation program must comply with the

26  "Minimum Standards for Supervised Visitation Programs

27  Agreement" adopted by the Supreme Court on November 18, 1999.

28  Under this order, a supervised visitation program shall enter

29  into an agreement with the circuit court or circuit courts

30  within that program's geographic jurisdiction attesting to the

31  

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    Florida Senate - 2004                                   SB 498
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 1  program's willingness to comply with the Supreme Court's

 2  standards.

 3         (2)  Until the standards for supervised visitation and

 4  supervised exchange services are completed and a certification

 5  and monitoring process is fully implemented, a supervised

 6  visitation program may not receive grant funds for access and

 7  visitation under 42 U.S.C. s. 669b, unless the program

 8  provides documentation to the state agency administering the

 9  grant verifying that the program has entered into an agreement

10  with the circuit court as required under subsection (1). This

11  subsection does not obligate the state agency administering

12  the grant to certify a program's compliance with the Minimum

13  Standards for Supervised Visitation Programs Agreements.

14         753.06  Security in supervised visitation programs.--

15         (1)  Due to the nature of the relationships that

16  created the need for supervised visitation and supervised

17  exchange services, the security of each person participating

18  in a supervised visitation program must be a priority for each

19  program. Security concerns shall be a substantial component of

20  the adopted standards. Therefore, the safety of the children,

21  custodial and noncustodial parents, and program staff shall be

22  ensured by each program and the importance of that safety

23  shall be emphasized in all training.

24         (2)  Each supervised visitation program is encouraged

25  to collaborate with local law enforcement agencies to

26  facilitate volunteerism by law enforcement officers at

27  supervised visitation programs using mechanisms such as those

28  provided under ss. 943.254 and 943.135(2) and using

29  administrative leave permitted for state employees who

30  participate in community service programs.

31  

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    Florida Senate - 2004                                   SB 498
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 1         753.07  Training for supervised visitation and

 2  supervised exchange services.--Contingent upon the

 3  availability of funding, the Clearinghouse on Supervised

 4  Visitation shall develop, maintain, and update

 5  competency-based training materials for supervised visitation

 6  and supervised exchange services which are appropriate to meet

 7  the training needs of program staff. The clearinghouse shall

 8  also provide training to staff of the supervised visitation

 9  programs. The clearinghouse shall track trained staff who have

10  completed training requirements, to the extent permitted by

11  available funding.

12         753.08  Supervised visitation programs; data

13  collection.--Contingent upon the availability of funding, the

14  clearinghouse shall develop and implement a mechanism for

15  collecting data on supervised visitation and supervised

16  exchange services provided in this state. The clearinghouse

17  shall collaborate with the state chapter of the Supervised

18  Visitation Network to determine the necessary data to be

19  collected and develop the data-collection mechanism to ensure

20  the viability and reasonableness of the data requirements.

21  Each supervised visitation program must maintain and submit

22  the identified data to the clearinghouse. The clearinghouse

23  shall maintain these data and annually compile the information

24  and make it available to the President of the Senate, the

25  Speaker of the House of Representatives, the courts, the Chief

26  Justice of the Supreme Court, the department, and any other

27  organization represented on the advisory board provided for in

28  s. 753.09.

29         753.09  Development of standards and a certification

30  process.--

31  

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 1         (1)  The clearinghouse shall develop standards for the

 2  supervised visitation and supervised exchange services. The

 3  standards developed must address the purpose, policies,

 4  standards of practice, program content, security measures,

 5  qualifications of providers, training, credentials of staff,

 6  information to be provided to the court, and data collection

 7  for supervised visitation programs. The standards shall be the

 8  basis for certifying supervised visitation programs. A

 9  supervised visitation program may not be certified unless it

10  meets the standards adopted by the designated state agency.

11         (2)  The clearinghouse shall use an advisory board to

12  assist in developing the standards. The advisory board must

13  include:

14         (a)  Two members of the executive board of the state

15  chapter of the Supervised Visitation Network, appointed by the

16  president of the state chapter of the Supervised Visitation

17  Network.

18         (b)  A representative from the Office of the State

19  Courts Administrator, appointed by the State Courts

20  Administrator.

21         (c)  A representative from the department, appointed by

22  the Secretary of Children and Family Services.

23         (d)  A representative from the Florida Coalition

24  Against Domestic Violence, appointed by the executive director

25  of the Florida Coalition Against Domestic Violence.

26         (e)  A representative from a local law enforcement

27  agency, appointed by the executive director of the Florida

28  Sheriffs Association.

29         (f)  A family law judge, appointed by the Chief Justice

30  of the Supreme Court.

31  

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 1         (g)  Two representatives from a supervised visitation

 2  program, appointed by the director of the clearinghouse.

 3         (h)  A representative from the Junior League, selected

 4  by the State Board of the Junior League.

 5         (i)  A representative from the Commission on Marriage

 6  and Family Support Initiatives.

 7         (3)  The clearinghouse, with consultation from the

 8  advisory board, shall also develop the criteria and procedures

 9  for approving and rejecting certification applications and for

10  monitoring compliance with the certification of a supervised

11  visitation program. Additionally, the clearinghouse shall

12  recommend the process for phasing in the implementation of the

13  standards and certification procedures and a recommendation

14  concerning the state agency that should certify and monitor

15  the supervised visitation programs.

16         (4)  The clearinghouse shall submit a report containing

17  its recommendations on the uniform standards and the

18  certification and monitoring procedures to the President of

19  the Senate, the Speaker of the House of Representatives, and

20  the Chief Justice of the Supreme Court by December 31, 2004.

21         (5)  It is the intent of the Legislature that the

22  standards for supervised visitation and supervised exchange

23  services and the criteria and procedures for the certification

24  and monitoring process be adopted as rules by the state agency

25  designated by the Legislature to certify and monitor the

26  supervised visitation programs.

27         Section 3.  Present subsections (2), (3), and (4) of

28  section 943.135, Florida Statutes, are redesignated as

29  subsections (3), (4), and (5), respectively, and a new

30  subsection (2) is added to that section, to read:

31         943.135  Requirements for continued employment.--

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 1         (2)  The commission shall permit an employing agency to

 2  allow an officer to meet up to 3 hours of the 40 hours of

 3  required continuing education and training by volunteering at

 4  a community-based, not-for-profit organization that serves

 5  children or families who have experienced or are at risk for

 6  child abuse or domestic violence, including, but not limited

 7  to, a supervised visitation program as provided in chapter

 8  753. This special population poses complex challenges to law

 9  enforcement officers. Continuing education and training

10  through community service provides a unique learning

11  opportunity for officers to understand the special needs of

12  this group of constituents, build community relations, and

13  provide a visible presence of law enforcement officers in the

14  community. Volunteer time applied as continuing education and

15  training under this subsection may include time spent in

16  providing security services but does not substitute for the

17  continuing education in domestic violence required under s.

18  943.1701.

19         Section 4.  Section 943.254, Florida Statutes, is

20  created to read:

21         943.254  Volunteer work by law enforcement officers.--

22         (1)  An employing agency may operate or administer a

23  program for law enforcement officers to provide volunteer

24  security services during off-duty hours at a community-based,

25  not-for-profit program that serves children or families who

26  have experienced or are at risk for child abuse or domestic

27  violence and that involves potential risk to staff or clients.

28  A community-based, not-for-profit program may include, but

29  need not be limited to, a supervised visitation program

30  operating under chapter 753.

31  

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 1         (2)  Any community-based, not-for-profit program at

 2  which a law enforcement officer volunteers is responsible for

 3  the acts or omissions of the law enforcement officer while he

 4  or she is performing services for that program off-duty.

 5  However, for purposes of coverage under the Workers'

 6  Compensation Law, a law enforcement officer who volunteers as

 7  provided in this section and who meets the provisions of s.

 8  440.091 shall be considered to have been acting within the

 9  course of employment under s. 440.091.

10         (3)  A law enforcement officer who volunteers during

11  off-duty hours as provided in this section is exempt from the

12  licensure requirements of chapter 493 for persons who provide

13  security or investigative services.

14         Section 5.  This act shall take effect July 1, 2004.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Repeals provisions relating to the Florida Family
      Visitation Network. Provides legislative intent with
19    respect to administering supervised visitation programs.
      Defines terms for supervised visitation and supervised
20    exchange services. Provides for developing standards for
      supervised visitation and supervised exchange services.
21    Requires compliance with interim minimum standards
      developed by the Supreme Court. Requires that supervised
22    visitation programs provide security for all persons
      participating in the program. Requires the Clearinghouse
23    on Supervised Visitation to develop training materials.
      Directs the clearinghouse to develop and implement a
24    mechanism for data collection. Directs the clearinghouse,
      with the assistance of an advisory board, to develop
25    standards for supervised visitation and supervised
      exchange services. Requires that a report with
26    recommendations be sent to the Legislature. Requires the
      Criminal Justice Standards and Training Commission to
27    allow agencies employing law enforcement officers to
      authorize volunteer service as a means of fulfilling
28    requirements for continuing education. Authorizes law
      enforcement agencies to administer a volunteer program
29    for officers to provide security services during off-duty
      hours for certain community programs.
30  

31  

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