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.