CS/HB 777

1	A bill to be entitled
2	An act relating to supervised visitation and exchange
3	monitoring programs; creating s. 753.06, F.S.; adopting
4	state standards for supervised visitation and exchange
5	monitoring programs; providing for modification; requiring
6	the standards to be published on the website of the
7	Clearinghouse on Supervised Visitation; requiring each
8	program to annually affirm compliance with the standards
9	to the court; creating s. 753.07, F.S.; providing
10	priorities for the court or referring child-placing agency
11	to consider when referring cases for supervised visitation
12	or exchange monitoring; specifying training requirements
13	for persons referring or providing such services;
14	providing that a court may allow a litigant's relatives or
15	friends to supervise visits in certain circumstances;
16	authorizing supervised visitation and exchange monitoring
17	programs to alert the court to problems with referred
18	cases; creating s. 753.08, F.S.; authorizing security
19	background screenings of employees and volunteers of
20	supervised visitation programs or monitored exchange
21	programs; providing standards; providing immunity to
22	employers who provide information for purposes of a
23	background screening; providing that a person providing
24	services pursuant to a court order at a supervised
25	visitation program or monitored exchange program is not
26	liable for actions; providing exceptions; creating s.
27	753.09, F.S.; providing that after a specified date only
28	those supervised visitation programs that adhere to the
29	state standards may receive state funding; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Section 753.06, Florida Statutes, is created to
35	read:
36	753.06  Standards.-
37	(1)  The standards announced in the final report submitted
38	to the Legislature pursuant to s. 753.03(4), Florida Statutes
39	2008, shall be the basis for the state's standards for
40	supervised visitation and exchange monitoring programs and may
41	be modified only by the advisory board created under s.
42	753.03(2) after reasonable notice to the programs, but not more
43	often than annually. The clearinghouse shall publish the
44	standards, as modified, on its website. The published standards
45	shall be regarded as the state standards for supervised
46	visitation and exchange monitoring programs.
47	(2)  Each supervised visitation and exchange monitoring
48	program must affirm annually in a written agreement with the
49	court that it abides by the standards. If the program has a
50	contract with a child-placing agency, that contract must include
51	an affirmation that the program complies with the standards. A
52	copy of the agreement or contract must be made available to any
53	party upon request.
54	Section 2.  Section 753.07, Florida Statutes, is created to
55	read:
56	753.07  Referrals.-
57	(1)  Courts and referring child-placing agencies must
58	adhere to the following priorities when determining where to
59	refer cases for supervised visitation or exchange monitoring:
60	(a)  For cases that are filed under chapter 61 or chapter
61	741 where the courts are the primary source of referrals, the
62	court shall direct referrals for supervised visitation or
63	exchange monitoring as follows:
64	1.  The order shall refer the parties to a supervised
65	visitation or exchange monitoring program that has a written
66	agreement with the court as provided in s. 753.06(2) if such a
67	program exists in the community.
68	2.  If a program does not exist, or if the existing program
69	is not able to accept the referral for any reason, the court may
70	refer the case to a local mental health professional. A local
71	mental health professional is not required to abide by the state
72	standards established in s. 753.06(1) but must affirm to the
73	court in writing that he or she has completed the
74	clearinghouse's free online supervised visitation training
75	program and has read and understood the state standards.
76	(b)  In cases governed by chapter 39, the referring child-
77	placing agency must adhere to the following:
78	1.  The agency having primary responsibility for the case
79	must ensure that each family is assessed for problems that could
80	present safety risks during parent-child contact. If risks are
81	present, agency staff shall consider referring the parties to a
82	local supervised visitation program that has affirmed in writing
83	that it adheres to the state standards if such a program exists
84	in the community.
85	2.  If agency staff determine that there is no need for a
86	supervised visitation program, no such program exists, or the
87	existing program is unable to accept the referral for any
88	reason, the child protective investigator or case manager having
89	primary responsibility for the case may:
90	a.  Supervise the parent-child contact himself or herself.
91	However, before a child protective investigator or case manager
92	may supervise visits, he or she must review or receive training
93	on the online training manual for the state's supervised
94	visitation programs and affirm in writing to his or her own
95	agency that he or she has received training on, or read and
96	understands, the state standards.
97	b.  Designate a foster parent or relative to supervise the
98	parent-child visits in those cases that do not warrant the
99	supervision of the child protective investigator or case
100	manager. However, the designated foster parent or relative must
101	first be apprised that the case manager conducted a safety
102	assessment described in subparagraph 1. and must be provided
103	access to free training material on the foster parent's or
104	relative's role in supervised visitation. Such materials may be
105	created by the clearinghouse using existing or new material and
106	must be approved by the department. Such training may be
107	included in any preservice foster parent or relative training
108	conducted by the agency.
109	3.  If a program does not exist, or if the existing program
110	is unable to accept the referral and the child protective
111	investigator or case manager is unable to supervise the parent-
112	child contact or designate a foster parent or relative to
113	supervise the visits as described in subparagraph 2., the agency
114	having primary responsibility for the case may refer the case to
115	other qualified staff within that agency to supervise the
116	contact. However, before such a staff member may supervise any
117	visits, he or she must review or receive training on the online
118	training manual for supervised visitation programs and affirm in
119	writing to his or her own agency that he or she has received
120	training on, or has read and understands, the training manual
121	and the state standards.
122	4.  The agency that has primary responsibility for the case
123	may not refer the case to a subcontractor or other agency to
124	perform the supervised visitation unless that subcontractor's or
125	other agency's child protective investigators or case managers
126	who supervise onsite or offsite visits have reviewed or received
127	training on the clearinghouse's online training manual for
128	supervised visitation programs and affirm to their own agency
129	that they have received training on, or have read and
130	understand, the training manual and the state standards.
131	(2)  This section does not prohibit the court from allowing
132	a litigant's relatives or friends to supervise visits if the
133	court determines that such supervision is safe. However, such
134	informal supervisors must be made aware of the free online
135	clearinghouse materials that they may voluntarily choose to
136	review. These materials must provide information that helps
137	educate the informal supervisors about the inherent risks and
138	complicated dynamics of supervised visitation.
139	(3)  Supervised visitation and exchange monitoring programs
140	may alert the court in writing if there are problems with
141	referred cases, and the court may set a hearing to address these
142	problems.
143	Section 3.  Section 753.08, Florida Statutes, is created to
144	read:
145	753.08  Service providers; background screening; immunity.-
146	(1)  Because of the special trust or responsibility placed
147	in volunteers and employees of supervised visitation and
148	monitored exchange programs, such programs may conduct a
149	security background screening before hiring employees or
150	certifying volunteers to serve. A security background screening
151	must include, but need not be limited to, employment history
152	checks, checks of references, local criminal records checks
153	through local law enforcement agencies, and statewide criminal
154	records checks through the Department of Law Enforcement. Upon
155	request, an employer shall furnish a copy of the personnel
156	record for the employee or former employee who is the subject of
157	a security background screening conducted under this section.
158	The information contained in the personnel record may include,
159	but need not be limited to, disciplinary matters and the reason
160	why the employee was terminated from employment. An employer who
161	releases a personnel record for purposes of a security
162	background screening is presumed to have acted in good faith and
163	is not liable for information contained in the record without a
164	showing that the employer maliciously falsified the record. A
165	security background screening conducted under this section must
166	ensure that a person is not employed by, or certified as a
167	volunteer for, a program if the person has been convicted of,
168	regardless of adjudication, or entered a plea of nolo contendere
169	or guilty to, any offense listed in s. 435.04(2) or under any
170	similar law in another jurisdiction. Before certifying an
171	applicant to serve as an employee or volunteer, the program may
172	request a federal criminal records check of the applicant
173	through the Federal Bureau of Investigation. In analyzing and
174	evaluating the information obtained in the security background
175	screening, a program must give particular emphasis to past
176	activities involving children, including, but not limited to,
177	child-related criminal offenses or child abuse. A program has
178	the sole discretion in determining whether to certify a person
179	based on his or her security background screening.
180	(2)  A person providing services pursuant to a court order
181	at a certified supervised visitation program or monitored
182	exchange program may not be held personally liable in tort or
183	named as a party defendant in any action for any injury or
184	damage suffered as a result of any act, event, or omission
185	within the scope of his or her employment or function, unless
186	such person acted in bad faith or with malicious purpose or in a
187	manner exhibiting wanton and willful disregard of human rights,
188	safety, or property.
189	Section 4.  Section 753.09, Florida Statutes, is created to
190	read:
191	753.09  Funding.-After January 1, 2011, only supervised
192	visitation programs that have affirmed in a written agreement
193	with the court that they abide by and are in compliance with the
194	state standards under s. 753.06(1) may receive state funding for
195	visitation or exchange monitoring services.
196	Section 5.  This act shall take effect October 1, 2010.

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