Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for CS for SB 904 Barcode 644252 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/21/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Policy and Steering Committee on Ways and Means (Deutch) recommended the following: 1 Senate Amendment (with title amendment) 2 3 4 5 Between lines 95 and 96 6 insert: 7 Section 2. Section 61.125, Florida Statutes, is created to 8 read: 9 61.125 Parenting coordination.— 10 (1) PURPOSE.—The purpose of parenting coordination is to 11 provide a child-focused alternative dispute resolution process 12 whereby a parenting coordinator assists the parents in creating 13 or implementing a parenting plan by facilitating the resolution 14 of disputes between the parents by providing education, making 15 recommendations, and, with the prior approval of the parents and 16 the court, making limited decisions within the scope of the 17 court’s order of referral. 18 (2) REFERRAL.—In any action in which a judgment or order 19 has been sought or entered adopting, establishing, or modifying 20 a parenting plan, except for a domestic violence proceeding 21 under chapter 741, and upon agreement of the parties, the 22 court’s own motion, or the motion of a party, the court may 23 appoint a parenting coordinator and refer the parties to 24 parenting coordination to assist in the resolution of disputes 25 concerning their parenting plan. 26 (3) DOMESTIC VIOLENCE ISSUES.— 27 (a) If there has been a history of domestic violence, the 28 court may not refer the parties to parenting coordination unless 29 both parents consent. The court shall offer each party an 30 opportunity to consult with an attorney or domestic violence 31 advocate before accepting the party’s consent. The court must 32 determine whether each party’s consent has been given freely and 33 voluntarily. 34 (b) In determining whether there has been a history of 35 domestic violence, the court shall consider whether a party has 36 committed an act of domestic violence as defined s. 741.28, or 37 child abuse as defined in s. 39.01, against the other party or 38 any member of the other party’s family; engaged in a pattern of 39 behaviors that exert power and control over the other party and 40 that may compromise the other party’s ability to negotiate a 41 fair result; or engaged in behavior that leads the other party 42 to have reasonable cause to believe he or she is in imminent 43 danger of becoming a victim of domestic violence. The court 44 shall consider and evaluate all relevant factors, including, but 45 not limited to, the factors listed in s. 741.30(6)(b). 46 (c) If there is a history of domestic violence, the court 47 shall order safeguards to protect the safety of the 48 participants, including, but not limited to, adherence to all 49 provisions of an injunction for protection or conditions of 50 bail, probation, or a sentence arising from criminal 51 proceedings. 52 (4) QUALIFICATIONS OF A PARENTING COORDINATOR.—A parenting 53 coordinator is an impartial third person whose role is to assist 54 the parents in successfully creating or implementing a parenting 55 plan. Unless there is a written agreement between the parties, 56 the court may appoint only a qualified parenting coordinator. 57 (a) To be qualified, a parenting coordinator must: 58 1. Meet one of the following professional requirements: 59 a. Be licensed as a mental health professional under 60 chapter 490 or chapter 491. 61 b. Be licensed as a physician under chapter 458, with 62 certification by the American Board of Psychiatry and Neurology. 63 c. Be certified by the Florida Supreme Court as a family 64 law mediator, with at least a master’s degree in a mental health 65 field. 66 d. Be a member in good standing of The Florida Bar. 67 2. Complete all of the following: 68 a. Three years of postlicensure or postcertification 69 practice. 70 b. A family mediation training program certified by the 71 Florida Supreme Court. 72 c. A minimum of 24 hours of parenting coordination training 73 in parenting coordination concepts and ethics, family systems 74 theory and application, family dynamics in separation and 75 divorce, child and adolescent development, the parenting 76 coordination process, parenting coordination techniques, and 77 Florida family law and procedure, and a minimum of 4 hours of 78 training in domestic violence and child abuse which is related 79 to parenting coordination. 80 (b) The court may require additional qualifications to 81 address issues specific to the parties. 82 (c) A qualified parenting coordinator must be in good 83 standing, or in clear and active status, with his or her 84 respective licensing authority, certification board, or both, as 85 applicable. 86 (5) DISQUALIFICATIONS OF PARENTING COORDINATOR.— 87 (a) The court may not appoint a person to serve as 88 parenting coordinator who, in any jurisdiction: 89 1. Has been convicted or had adjudication withheld on a 90 charge of child abuse, child neglect, domestic violence, 91 parental kidnapping, or interference with custody; 92 2. Has been found by a court in a child protection hearing 93 to have abused, neglected, or abandoned a child; 94 3. Has consented to an adjudication or a withholding of 95 adjudication on a petition for dependency; or 96 4. Is or has been a respondent in a final order or 97 injunction of protection against domestic violence. 98 (b) A parenting coordinator must discontinue service as a 99 parenting coordinator and immediately report to the court and 100 the parties if any of the disqualifying circumstances described 101 in paragraph (a) occur, or if he or she no longer meets the 102 minimum qualifications in subsection (4), and the court may 103 appoint another parenting coordinator. 104 (6) FEES FOR PARENTING COORDINATION.—The court shall 105 determine the allocation of fees and costs for parenting 106 coordination between the parties. The court may not order the 107 parties to parenting coordination without their consent unless 108 it determines that the parties have the financial ability to pay 109 the parenting coordination fees and costs. 110 (a) In determining if a nonindigent party has the financial 111 ability to pay the parenting coordination fees and costs, the 112 court shall consider the party’s financial circumstances, 113 including income, assets, liabilities, financial obligations, 114 resources, and whether paying the fees and costs would create a 115 substantial hardship. 116 (b) If a party is found to be indigent based upon the 117 factors in s. 57.082, the court may not order the party to 118 parenting coordination unless public funds are available to pay 119 the indigent party’s allocated portion of the fees and costs or 120 the nonindigent party consents to paying all of the fees and 121 costs. 122 (7) CONFIDENTIALITY.—Except as otherwise provided in this 123 section, all communications made by, between, or among the 124 parties and the parenting coordinator during parenting 125 coordination sessions are confidential. The parenting 126 coordinator and each party designated in the order appointing 127 the coordinator may not testify or offer evidence about 128 communications made by, between, or among the parties and the 129 parenting coordinator during parenting coordination sessions, 130 except if: 131 (a) Necessary to identify, authenticate, confirm, or deny a 132 written agreement entered into by the parties during parenting 133 coordination; 134 (b) The testimony or evidence is necessary to identify an 135 issue for resolution by the court without otherwise disclosing 136 communications made by any party or the parenting coordinator; 137 (c) The testimony or evidence is limited to the subject of 138 a party’s compliance with the order of referral to parenting 139 coordination, orders for psychological evaluation, counseling 140 ordered by the court or recommended by a health care provider, 141 or for substance abuse testing or treatment; 142 (d) The parenting coordinator reports that the case is no 143 longer appropriate for parenting coordination; 144 (e) The parenting coordinator is reporting that he or she 145 is unable or unwilling to continue to serve and that a successor 146 parenting coordinator should be appointed; 147 (f) The testimony or evidence is necessary pursuant to 148 paragraph (5)(b) or subsection (8); 149 (g) The parenting coordinator is not qualified to address 150 or resolve certain issues in the case and a more qualified 151 coordinator should be appointed; 152 (h) The parties agree that the testimony or evidence be 153 permitted; or 154 (i) The testimony or evidence is necessary to protect any 155 person from future acts that would constitute domestic violence 156 under chapter 741; child abuse, neglect, or abandonment under 157 chapter 39; or abuse, neglect, or exploitation of an elderly or 158 disabled adult under chapter 825. 159 (8) REPORT OF EMERGENCY TO COURT.— 160 (a) A parenting coordinator must immediately inform the 161 court by affidavit or verified report without notice to the 162 parties of an emergency situation if: 163 1. There is a reasonable cause to suspect that a child will 164 suffer or is suffering abuse, neglect, or abandonment as 165 provided under chapter 39; 166 2. There is a reasonable cause to suspect a vulnerable 167 adult has been or is being abused, neglected, or exploited as 168 provided under chapter 415; 169 3. A party, or someone acting on a party’s behalf, is 170 expected to wrongfully remove or is wrongfully removing the 171 child from the jurisdiction of the court without prior court 172 approval or compliance with the requirements of s. 61.13001. If 173 the parenting coordinator suspects that the parent has relocated 174 within the state to avoid domestic violence, the coordinator may 175 not disclose the location of the parent and child unless 176 required by court order. 177 (b) Upon such information and belief, a parenting 178 coordinator shall immediately inform the court by affidavit or 179 verified report and serve a copy on each party of an emergency 180 in which a party obtains a final order or injunction of 181 protection against domestic violence or is arrested for an act 182 of domestic violence as provided under chapter 741. 183 (9) LIMITATION ON LIABILITY.—A parenting coordinator 184 appointed by the court is not liable for civil damages for any 185 act or omission in the scope of his or her duties pursuant to an 186 order of referral unless such person acted in bad faith or with 187 malicious purpose or in a manner exhibiting wanton and willful 188 disregard for the rights, safety, or property of the parties. 189 190 ================= T I T L E A M E N D M E N T ================ 191 And the title is amended as follows: 192 Delete line 5 193 and insert: 194 recommendations,” and “time-sharing schedule”; 195 creating s. 61.125, F.S.; providing for parenting 196 coordination as an alternative dispute resolution 197 process to resolve parenting plan disputes; providing 198 for court referral; providing for domestic violence 199 situations; providing the qualifications required for 200 a parenting coordinator and for the disqualification 201 of a coordinator; providing for the payment of 202 parenting coordination fees and costs; providing for 203 confidentiality; providing for emergency reporting to 204 the court by the coordinator; providing a limitation 205 on the coordinator’s liability;