CS/HB 77

1
A bill to be entitled
2An act relating to child visitation; creating s. 39.0139,
3F.S.; providing a short title; providing legislative
4findings and intent; creating a presumption; providing for
5a hearing; providing conditions for visitation or other
6contact; providing additional considerations for
7visitation or other contact; amending ss. 39.402, 39.506,
839.509, and 39.521, F.S.; subjecting specified visitation
9orders to s. 39.0139, F.S.; creating s. 753.01, F.S.;
10providing definitions; creating s. 753.02, F.S.; providing
11responsibilities for the Clearinghouse on Supervised
12Visitation; authorizing the clearinghouse to apply for
13grants and accept private contributions; creating s.
14753.03, F.S.; providing for the development of standards;
15providing membership of an advisory board; providing for
16reports; creating s. 753.04, F.S.; providing interim
17standards for supervised visitation programs; creating s.
18753.05, F.S.; providing for referrals related to child
19sexual abuse; requiring a supervised visitation program to
20agree to comply with specified standards; repealing ss.
21753.001, 753.002, and 753.004, F.S., relating to the
22Florida Family Visitation Network; providing a directive
23to the Division of Statutory Revision; providing an
24effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Section 39.0139, Florida Statutes, is created
29to read:
30     39.0139  Visitation or other contact; restrictions.--
31     (1)  SHORT TITLE.--This section may be cited as the
32"Keeping Children Safe Act."
33     (2)  LEGISLATIVE FINDINGS AND INTENT.--
34     (a)  The Legislature finds that:
35     1.  For some children who are abused, abandoned, or
36neglected by a parent or other caregiver, abuse may include
37sexual abuse.
38     2.  These same children are at risk of suffering from
39further harm during visitation or other contact.
40     3.  Visitation or other contact with the child may be used
41to influence the child's testimony.
42     (b)  It is the intent of the Legislature to protect
43children and reduce the risk of further harm to children who
44have been sexually abused or exploited by a parent or other
45caregiver by placing additional requirements on judicial
46determinations related to visitation and other contact.
47     (3)  PRESUMPTION OF DETRIMENT.--
48     (a)  A rebuttable presumption of detriment to a child is
49created when a parent or caregiver:
50     1.  Has been the subject of a report to the child abuse
51hotline alleging sexual abuse of any child as defined in s.
5239.01;
53     2.  Has been found guilty of, regardless of adjudication,
54or has entered a plea of guilty or nolo contendere to, charges
55under the following statutes or substantially similar statutes
56of other jurisdictions:
57     a.  Section 787.04, relating to removing minors from the
58state or concealing minors contrary to court order;
59     b.  Section 794.011, relating to sexual battery;
60     c.  Section 798.02, relating to lewd and lascivious
61behavior;
62     d.  Chapter 800, relating to lewdness and indecent
63exposure;
64     e.  Section 826.04, relating to incest; or
65     f.  Chapter 827, relating to the abuse of children; or
66     3.  Has been determined by a court to be a sexual predator
67as defined in s. 775.21 or has received a substantially similar
68designation under laws of another jurisdiction.
69     (b)  For purposes of this subsection, "substantially
70similar" has the same meaning as in s. 39.806(1)(d)2.
71     (4)  HEARINGS.--A person who meets any of the criteria set
72forth in paragraph (3)(a) may visit or have other contact with a
73child only after a hearing and an order by the court that allows
74the visitation or other contact. At such a hearing:
75     (a)  The court must appoint an attorney ad litem or a
76guardian ad litem for the child if one has not already been
77appointed. Any attorney ad litem or guardian ad litem appointed
78shall have special training in the dynamics of child sexual
79abuse.
80     (b)  The court may receive and rely upon any relevant and
81material evidence submitted, including written and oral reports,
82to the extent of its probative value in its effort to determine
83the action to be taken with regard to the child, even if these
84reports and evidence may not be competent in an adjudicatory
85hearing.
86     (c)  If the court finds the person proves by clear and
87convincing evidence that the safety, well-being, and physical,
88mental, and emotional health of the child is not endangered by
89such visitation or other contact, the presumption in subsection
90(3) is rebutted and the court may allow visitation or other
91contact. The court shall enter a written order specifying any
92conditions it finds necessary to protect the child.
93     (d)  If the court finds the person did not rebut the
94presumption established in subsection (3), the court shall enter
95a written order prohibiting or restricting visitation or other
96contact with the child.
97     (5)  CONDITIONS.--Any visitation or other contact ordered
98under paragraph (4)(d) shall be:
99     (a)  Supervised by a person who has previously received
100special training in the dynamics of child sexual abuse; or
101     (b)  Conducted in a supervised visitation program, provided
102that the program has an agreement with the court and a current
103affidavit of compliance on file with the chief judge of the
104circuit in which the program is located affirming that the
105program has agreed to comply with the minimum standards
106contained in the administrative order issued by the Chief
107Justice of the Supreme Court on November 17, 1999, and provided
108the program has a written agreement with the court and with the
109department as described in s. 753.05 containing policies and
110guidelines specifically related to referrals involving child
111sexual abuse.
112     (6)  ADDITIONAL CONSIDERATIONS.--
113     (a)  If a party or participant, based on communication with
114the child or other firsthand knowledge, informs the court that a
115person is attempting to influence the testimony of the child,
116the court shall immediately suspend visitation or other contact.
117The court shall then hold a hearing and determine whether it is
118in the best interests of the child to prohibit or restrict
119visitation or other contact.
120     (b)  If a child is in therapy as a result of any of the
121allegations or convictions contained in paragraph (3)(a) and the
122child's therapist reports that the visitation or other contact
123is impeding the child's therapeutic progress, the court shall
124convene a hearing within 7 business days to review the terms,
125conditions, or appropriateness of continued visitation or other
126contact.
127     Section 2.  Subsection (9) of section 39.402, Florida
128Statutes, is amended to read:
129     39.402  Placement in a shelter.--
130     (9)  At any shelter hearing, the department shall provide
131to the court a recommendation for scheduled contact between the
132child and parents, if appropriate. The court shall determine
133visitation rights absent a clear and convincing showing that
134visitation is not in the best interest of the child. Any order
135for visitation or other contact must conform to the provisions
136of s. 39.0139. If visitation is ordered but will not commence
137within 72 hours of the shelter hearing, the department shall
138provide justification to the court.
139     Section 3.  Subsection (6) of section 39.506, Florida
140Statutes, is amended to read:
141     39.506  Arraignment hearings.--
142     (6)  At any arraignment hearing, if the child is in an
143out-of-home placement, the court shall order visitation rights
144absent a clear and convincing showing that visitation is not in
145the best interest of the child. Any order for visitation or
146other contact must conform to the provisions of s. 39.0139.
147     Section 4.  Section 39.509, Florida Statutes, is amended to
148read:
149     39.509  Grandparents rights.--Notwithstanding any other
150provision of law, a maternal or paternal grandparent as well as
151a stepgrandparent is entitled to reasonable visitation with his
152or her grandchild who has been adjudicated a dependent child and
153taken from the physical custody of the parent unless the court
154finds that such visitation is not in the best interest of the
155child or that such visitation would interfere with the goals of
156the case plan. Reasonable visitation may be unsupervised and,
157where appropriate and feasible, may be frequent and continuing.
158Any order for visitation or other contact must conform to the
159provisions of s. 39.0139.
160     (1)  Grandparent visitation may take place in the home of
161the grandparent unless there is a compelling reason for denying
162such a visitation. The department's caseworker shall arrange the
163visitation to which a grandparent is entitled pursuant to this
164section. The state shall not charge a fee for any costs
165associated with arranging the visitation. However, the
166grandparent shall pay for the child's cost of transportation
167when the visitation is to take place in the grandparent's home.
168The caseworker shall document the reasons for any decision to
169restrict a grandparent's visitation.
170     (2)  A grandparent entitled to visitation pursuant to this
171section shall not be restricted from appropriate displays of
172affection to the child, such as appropriately hugging or kissing
173his or her grandchild. Gifts, cards, and letters from the
174grandparent and other family members shall not be denied to a
175child who has been adjudicated a dependent child.
176     (3)  Any attempt by a grandparent to facilitate a meeting
177between the child who has been adjudicated a dependent child and
178the child's parent or legal custodian, or any other person in
179violation of a court order shall automatically terminate future
180visitation rights of the grandparent.
181     (4)  When the child has been returned to the physical
182custody of his or her parent, the visitation rights granted
183pursuant to this section shall terminate.
184     (5)  The termination of parental rights does not affect the
185rights of grandparents unless the court finds that such
186visitation is not in the best interest of the child or that such
187visitation would interfere with the goals of permanency planning
188for the child.
189     (6)  In determining whether grandparental visitation is not
190in the child's best interest, consideration may be given to the
191following:
192     (a)  The finding of guilt, regardless of adjudication, or
193entry or plea of guilty or nolo contendere to charges under the
194following statutes, or similar statutes of other jurisdictions:
195s. 787.04, relating to removing minors from the state or
196concealing minors contrary to court order; s. 794.011, relating
197to sexual battery; s. 798.02, relating to lewd and lascivious
198behavior; chapter 800, relating to lewdness and indecent
199exposure; s. 826.04, relating to incest; or chapter 827,
200relating to the abuse of children.
201     (b)  The designation by a court as a sexual predator as
202defined in s. 775.21 or a substantially similar designation
203under laws of another jurisdiction.
204     (c)  Consideration may also be given to A report of abuse,
205abandonment, or neglect under ss. 415.101-415.113 or this
206chapter and the outcome of the investigation concerning such
207report.
208     Section 5.  Paragraph (d) of subsection (3) of section
20939.521, Florida Statutes, is amended to read:
210     39.521  Disposition hearings; powers of disposition.--
211     (3)  When any child is adjudicated by a court to be
212dependent, the court shall determine the appropriate placement
213for the child as follows:
214     (d)  If the child cannot be safely placed in a nonlicensed
215placement, the court shall commit the child to the temporary
216legal custody of the department. Such commitment invests in the
217department all rights and responsibilities of a legal custodian.
218The department shall not return any child to the physical care
219and custody of the person from whom the child was removed,
220except for court-approved visitation periods, without the
221approval of the court. Any order for visitation or other contact
222must conform to the provisions of s. 39.0139. The term of such
223commitment continues until terminated by the court or until the
224child reaches the age of 18. After the child is committed to the
225temporary legal custody of the department, all further
226proceedings under this section are governed by this chapter.
227
228Protective supervision continues until the court terminates it
229or until the child reaches the age of 18, whichever date is
230first. Protective supervision shall be terminated by the court
231whenever the court determines that permanency has been achieved
232for the child, whether with a parent, another relative, or a
233legal custodian, and that protective supervision is no longer
234needed. The termination of supervision may be with or without
235retaining jurisdiction, at the court's discretion, and shall in
236either case be considered a permanency option for the child. The
237order terminating supervision by the department shall set forth
238the powers of the custodian of the child and shall include the
239powers ordinarily granted to a guardian of the person of a minor
240unless otherwise specified. Upon the court's termination of
241supervision by the department, no further judicial reviews are
242required, so long as permanency has been established for the
243child.
244     Section 6.  Section 753.01, Florida Statutes, is created to
245read:
246     753.01  Definitions.--As used in this chapter, the term:
247     (1)  "Clearinghouse on Supervised Visitation" or
248"clearinghouse" means the entity within the Institute for Family
249Violence Studies in the School of Social Work of the Florida
250State University, which serves as a statewide resource on
251supervised visitation issues by providing technical assistance,
252training, and research.
253     (2)  "Department" means the Department of Children and
254Family Services.
255     (3)  "Exchange monitoring" means supervision of movement of
256a child from the custodial to the noncustodial parent at the
257start of the visit and back to the custodial parent at the end
258of the visit.
259     (4)  "Supervised visitation program" means a program
260created to offer structured contact between a parent or
261caregiver and one or more children in the presence of a third
262person responsible for observing and ensuring the safety of
263those involved. Supervised visitation programs may also include
264exchange monitoring of children who are participating in court-
265ordered visitation programs or exchange monitoring where there
266has been mutual consent between parties for the purposes of
267facilitating a visitation.
268     Section 7.  Section 753.02, Florida Statutes, is created to
269read:
270     753.02  Clearinghouse responsibilities and authority.--
271     (1)  The clearinghouse shall have the following
272responsibilities, subject to the availability of resources:
273     (a)  To develop standards for supervised visitation
274programs in order to ensure both the quality of each program and
275the safety of children and families using program services.
276     (b)  To serve as a clearinghouse on resources and research
277of supervised visitation programs.
278     (c)  To provide technical assistance and other support
279services to existing and emerging supervised visitation
280programs.
281     (d)  To compile a directory of state-supervised visitation
282programs containing referral information.
283     (e)  To formulate a newsletter for supervised visitation
284programs.
285     (f)  To organize workshops and conferences that address
286issues and concerns of supervised visitation programs.
287     (g)  To compile data on the use of supervised visitation
288programs.
289     (2)  The clearinghouse may apply for grants and accept
290private contributions.
291     Section 8.  Section 753.03, Florida Statutes, is created to
292read:
293     753.03  Standards for supervised visitation and supervised
294exchange programs.--
295     (1)  Within existing funds from the department, the
296clearinghouse shall develop standards for supervised visitation
297programs in order to ensure the safety and quality of each
298program. Standards must be uniform for all the programs and must
299address the purposes, policies, standards of practice, program
300content, security measures, qualifications of providers,
301training standards, credentials and background screening
302requirements of staff, information to be provided to the court,
303and data collection for supervised visitation programs.
304     (2)  The clearinghouse shall use an advisory board to
305assist in developing the standards. The advisory board must
306include:
307     (a)  Two members of the executive board of the state
308chapter of the Supervised Visitation Network, appointed by the
309president of the state chapter of the Supervised Visitation
310Network.
311     (b)  A representative of the Office of the State Courts
312Administrator, appointed by the State Courts Administrator.
313     (c)  A representative of the department, appointed by the
314secretary of the department.
315     (d)  A representative of the Florida Coalition Against
316Domestic Violence, appointed by the executive director of the
317Florida Coalition Against Domestic Violence.
318     (e)  A representative of a local law enforcement agency,
319appointed by the executive director of the Florida Sheriffs
320Association.
321     (f)  A circuit court judge who presides over domestic
322violence proceedings, appointed by the Chief Justice of the
323Supreme Court.
324     (g)  A circuit court judge who presides over dependency
325proceedings, appointed by the Chief Justice of the Supreme
326Court.
327     (h)  Two representatives of a supervised visitation
328program, appointed by the director of the clearinghouse.
329     (i)  A representative of the Commission on Marriage and
330Family Support Initiatives.
331     (j)  A representative of the Statewide Guardian Ad Litem
332Office, appointed by the executive director of the office.
333     (3)  The clearinghouse, in consultation with the advisory
334board, shall develop criteria and procedures for approving and
335rejecting certification applications for and monitoring
336compliance with the certification of a supervised visitation
337program. The clearinghouse shall recommend the process for
338phasing in the implementation of the standards and certification
339procedures and the criteria for distributing funds to eligible
340programs and designating the state entity that should certify
341and monitor the supervised visitation programs.
342     (4)  The clearinghouse shall submit a preliminary report
343containing its recommendations for the uniform standards by
344December 31, 2007, and a final report of all recommendations,
345including those related to the certification and monitoring
346developed to date, by December 31, 2008, to the President of the
347Senate, the Speaker of the House of Representatives, and the
348Chief Justice of the Supreme Court.
349     Section 9.  Section 753.04, Florida Statutes, is created to
350read:
351     753.04  Interim minimum standards for supervised visitation
352programs.--
353     (1)  Until the standards for supervised visitation and
354supervised exchange programs are developed pursuant to this
355chapter and a certification and monitoring process is fully
356implemented, each supervised visitation program must have an
357agreement with the court and comply with the Minimum Standards
358for Supervised Visitation Programs Agreement adopted by the
359Supreme Court on November 17, 1999. Under this order, a
360supervised visitation program shall enter into an agreement with
361the circuit court or circuit courts within the geographic
362jurisdiction of the program attesting to the willingness of the
363program to comply with the Supreme Court's standards.
364     (2)  Until the standards for supervised visitation and
365supervised exchange programs are completed and a certification
366and monitoring process is fully implemented, a supervised
367visitation program may not receive grant funds for access and
368visitation under 42 U.S.C. s. 669b unless the program provides
369documentation to the state agency administering the grant
370verifying that the program has entered into an agreement with
371the circuit court as required under subsection (1). This
372subsection does not obligate the state agency administering the
373grant to certify a program's compliance with the Minimum
374Standards for Supervised Visitation Programs Agreement.
375     Section 10.  Section 753.05, Florida Statutes, is created
376to read:
377     753.05  Referrals involving child sexual abuse.--
378     (1)  Any supervised visitation program that wishes to
379accept referrals involving child sexual abuse must have an
380agreement with the court and a current affidavit of compliance
381on file with the chief judge of the circuit in which the program
382is located affirming that the program has agreed to comply with
383the minimum standards contained in an administrative order
384issued by the Chief Justice of the Supreme Court on November 17,
3851999, and provided the program has a written agreement with the
386court and with the department that contains policies and
387guidelines specifically related to child sexual abuse.
388     (2)  The agreement must include provisions for the
389following:
390     (a)  Program staff who supervise visits or other contact
391must have specific training in child sexual abuse provided
392through the Clearinghouse on Supervised Visitation documented in
393personnel files.
394     (b)  The program must have protocols for obtaining
395background material on the family prior to the initiation of
396services.
397     (c)  The program must accept only those child sexual abuse
398referrals for which staff have the requisite background
399material, training, and security in place to safely monitor
400contact.
401     (d)  The program must decline referrals of child sexual
402abuse cases when staff lack necessary training or education,
403when background material has not been received, or when lack of
404security may allow revictimization of the child.
405     (e)  The program must suspend visits in cases when the
406child appears to be traumatized by the visits or when the
407individual visiting or having other contact engages in
408inappropriate behavior or violates program rules.
409     Section 11.  Sections 753.001, 753.002, and 753.004,
410Florida Statutes, are repealed.
411     Section 12.  The Division of Statutory Revision is directed
412to redesignate the title of chapter 753, Florida Statutes, as
413"Supervised Visitation."
414     Section 13.  This act shall take effect July 1, 2007.


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