Florida Senate - 2010                                    SB 1298
       
       
       
       By Senator Wise
       
       
       
       
       5-01426-10                                            20101298__
    1                        A bill to be entitled                      
    2         An act relating to supervised visitation; creating s.
    3         753.06, F.S.; providing a hierarchy of factors to be
    4         considered in determining where to refer cases for
    5         supervised visitation; providing that relatives or
    6         friends are not prohibited from supervising visits;
    7         authorizing certified supervised visitation programs
    8         to petition the court to resolve problems with cases
    9         referred to them; providing for hearings concerning
   10         problems with case referrals; creating s. 753.07,
   11         F.S.; providing a presumption of good faith and civil
   12         and criminal immunity for persons providing services
   13         at a certified supervised visitation or monitored
   14         exchange program pursuant to a court order; creating
   15         s. 753.08, F.S.; providing that after a specified date
   16         only those supervised visitation programs certified as
   17         meeting certain standards may receive state funding;
   18         providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 753.06, Florida Statutes, is created to
   23  read:
   24         753.06 Referrals.—
   25         (1) Courts and referring agencies shall abide by the
   26  following visitation decision hierarchy in determining where to
   27  refer cases for supervised visitation:
   28         (a) In non-dependency cases where the courts are the
   29  primary source of referrals:
   30         1. Courts should prioritize referrals, and whenever a court
   31  orders supervised visitation or monitored exchange, the order
   32  should refer the parties to a local certified supervised
   33  visitation or monitored exchange program if one exists in the
   34  community.
   35         2. If no certified program exists, or if the existing
   36  certified program is not able to accept the referral, the court
   37  must indicate this in writing and may refer the case to a local
   38  mental health professional who has completed online training
   39  required by the department and reviewed the applicable
   40  standards.
   41         (b) In dependency cases, referring agencies shall adhere to
   42  the following:
   43         1. The agency that has primary responsibility for the case
   44  shall refer the parties to a local certified supervised
   45  visitation program, if one exists in the community.
   46         2. If no certified program exists, or if the existing
   47  certified program is unable to accept the referral, the child
   48  protective investigator or case manager who has primary
   49  responsibility for the case may supervise the parent-child
   50  contact. However, before a child protective investigator or case
   51  manager may supervise any visits, he or she must complete a
   52  review of the online training manual for Florida’s supervised
   53  visitation programs and certify to his or her own agency that he
   54  or she has read and understands these standards and principles.
   55         3. If no certified program exists, or if the existing
   56  certified program is unable to accept the referral and the child
   57  protective investigator or case manager is unable to supervise
   58  the parent-child contact, the designated individual who has
   59  primary responsibility for the case may refer the case to other
   60  qualified individuals, such as interns, other agency staff, or
   61  transporters, within that agency to supervise the contact.
   62  However, before any such qualified individual may supervise any
   63  visits, he or she must complete a review of the online training
   64  manual for Florida’s supervised visitation programs and certify
   65  to his or her own agency that he or she has read and understands
   66  these standards and principles.
   67         4. The agency that has primary responsibility for the case
   68  may not refer the case to a subcontracting or other agency to
   69  perform the supervised visitation unless all of that agency’s
   70  child protective investigators or case managers who supervise
   71  visits, either onsite or offsite, have completed a review of the
   72  online training manual for Florida’s supervised visitation
   73  programs and certify to their own agency that they have read and
   74  understand these standards and principles. In this circumstance,
   75  the subcontracting or other agency staff’s completion of the
   76  training manual alone is not sufficient to qualify them to
   77  supervise visits.
   78         (2) This section does not prohibit judges from allowing
   79  relatives or friends to supervise visits.
   80         (3) Certified programs that have accepted referrals may
   81  petition the court in writing when there are problems with case
   82  referrals, and the court may set a hearing to address these
   83  problems.
   84         Section 2. Section 753.07, Florida Statutes, is created to
   85  read:
   86         753.07 Service providers; immunity.—All persons responsible
   87  for providing services at a certified supervised visitation or
   88  monitored exchange program pursuant to a court order shall be
   89  presumed prima facie to be acting in good faith and in so doing
   90  shall be immune from any liability, civil or criminal, which
   91  otherwise might be incurred or imposed.
   92         Section 3. Section 753.08, Florida Statutes, is created to
   93  read:
   94         753.08 Funding eligibility.—After January 1, 2011, only
   95  supervised visitation programs certified as meeting standards
   96  implemented under this chapter may receive state funding.
   97         Section 4. This act shall take effect July 1, 2010.