HB 557

1
A bill to be entitled
2An act relating to supervised visitation and exchange
3monitoring; creating s. 753.06, F.S.; adopting state
4standards for supervised visitation programs;
5providing for modification; requiring the standards to
6be published on the website of the Clearinghouse on
7Supervised Visitation; requiring each program to
8annually affirm compliance with the standards to the
9court; providing that after a specified date only
10those programs that adhere to the state standards may
11receive state funding; creating s. 753.07, F.S.;
12providing factors for the court or child-placing
13agency to consider when referring cases for supervised
14visitation or exchange monitoring; specifying training
15requirements for persons providing such services;
16authorizing supervised visitation programs to alert
17the court to problems with referred cases; creating s.
18753.08, F.S.; requiring supervised visitation programs
19to conduct security background checks of employees and
20volunteers; providing requirements for such checks;
21requiring that an employer furnish a copy of the
22personnel record for the employee or former employee
23upon request; providing immunity to employers who
24provide information for purposes of a background
25check; requiring that all applicants hired or
26certified by a program after a specified date undergo
27a level 2 background screening; delegating
28responsibility for screening criminal history
29information and for costs; authorizing a supervised
30visitation program to participate in the Volunteer and
31Employee Criminal History System in order to obtain
32criminal history information; providing that certain
33persons providing services at a supervised visitation
34program are presumed to act in good faith and are
35immune from civil or criminal liability; providing an
36effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Section 753.06, Florida Statutes, is created to
41read:
42     753.06  Standards; funding limitations.-
43     (1)  The standards announced in the final report submitted
44to the Legislature pursuant to s. 753.03(4) shall be the basis
45for the state's standards for supervised visitation and exchange
46monitoring, and may be modified only by the advisory board
47created under s. 753.03(2) after reasonable notice to the
48programs, but not more often than annually. The clearinghouse
49shall publish the standards, as modified, on its website. The
50published standards shall be the state standards for supervised
51visitation programs.
52     (2)  Each supervised visitation program must annually
53affirm in a written agreement with the court that it abides by
54the standards. If the program has a contract with a child-
55placing agency, that contract must include an affirmation that
56the program complies with the standards. A copy of the agreement
57or contract must be made available to any party upon request.
58     (3)  On or after January 1, 2013, only a supervised
59visitation program that has affirmed in a written agreement with
60the court that it abides by and is in compliance with the state
61standards may receive state funding for supervised visitation or
62exchange monitoring services.
63     Section 2.  Section 753.07, Florida Statutes, is created to
64read:
65     753.07  Referrals.-
66     (1)  Courts and referring child-placing agencies must
67adhere to the following priorities when determining where to
68refer cases for supervised visitation or exchange monitoring:
69     (a)  For cases that are filed under chapter 61 or chapter
70741 in which the courts are the primary source of referrals, the
71court shall direct referrals as follows:
72     1.  The order must refer the parties to a supervised
73visitation program that has a written agreement with the court
74as provided in s. 753.06(2) if such a program exists in the
75community.
76     2.  If a program does not exist, or if the existing program
77is not able to accept the referral for any reason, the court may
78refer the case to a local mental health professional. Such
79professional is not required to abide by the state standards
80established in s. 753.06; however, the professional must affirm
81to the court in writing that he or she has completed the
82clearinghouse's free, online supervised visitation training
83program and has read and understands the state standards.
84     (b)  In cases governed by chapter 39, the referring child-
85placing agency must adhere to the following:
86     1.  The agency that has primary responsibility for the case
87must ensure that each family is assessed for problems that could
88present safety risks during parent-child contact. If risks are
89found, agency staff shall consider referring the parties to a
90local supervised visitation program that has affirmed in writing
91that it adheres to the state standards if such a program exists
92in the community.
93     2.  If agency staff determines that there is no need for a
94supervised visitation, a supervised visitation program does not
95exist, or the existing program is unable to accept the referral
96for any reason, the child protective investigator or case
97manager who has primary responsibility for the case may:
98     a.  Supervise the parent-child contact himself or herself.
99However, before a child protective investigator or case manager
100may supervise visits, he or she must review or receive training
101on the online training manual for the state's supervised
102visitation programs and affirm in writing to his or her own
103agency that he or she has received training on, or has reviewed
104and understands, the state standards.
105     b.  Designate a foster parent or relative to supervise the
106parent-child visits in those cases that do not warrant the
107supervision of the child protective investigator or case
108manager. However, the designated foster parent or relative must
109first be apprised that the case manager conducted a safety
110assessment described in subparagraph 1., and must be provided
111access to free training material on the foster parent's or
112relative's role in supervised visitation. Such materials may be
113created by the clearinghouse using existing or new material and
114must be approved by the department. Such training may be
115included in any preservice foster parent training conducted by
116the agency.
117     3.  If a program does not exist, or if the existing program
118is unable to accept the referral and the child protective
119investigator or case manager is unable to supervise the parent-
120child contact or designate a foster parent or relative to
121supervise the visits as described in subparagraph 2., the agency
122that has primary responsibility for the case may refer the case
123to another qualified staff member within that agency to
124supervise the contact. However, before the staff member may
125supervise any visits, he or she must review or receive training
126on the online training manual for supervised visitation programs
127and affirm in writing to his or her own agency that he or she
128has received training on, or has reviewed and understands, the
129training manual and the state standards.
130     4.  The agency that has primary responsibility for the case
131may not refer the case to a subcontractor or other agency to
132perform the supervised visitation unless that subcontractor's or
133other agency's child protective investigators or case managers
134who supervise onsite or offsite visits have reviewed or received
135training on the clearinghouse's online training manual for
136supervised visitation programs and affirm to their own agency
137that they have received training on, or have reviewed and
138understand, the training manual and the state standards.
139     (2)  This section does not prohibit the court from allowing
140a litigant's relatives or friends to supervise visits if the
141court determines that such supervision is safe. However, such
142informal supervisors must be made aware of the free online
143clearinghouse materials that they may voluntarily choose to
144review. These materials must provide information that helps
145educate the informal supervisors about the inherent risks and
146complicated dynamics of supervised visitation.
147     (3)  Supervised visitation programs may alert the court in
148writing if there are problems with referred cases and the court
149may set a hearing to address these problems.
150     Section 3.  Section 753.08, Florida Statutes, is created to
151read:
152     753.08  Security background checks; immunity.-
153     (1)  Because of the special trust or responsibility placed
154on volunteers and employees of supervised visitation programs,
155such program must conduct a security background investigation
156before hiring an employee or certifying a volunteer.
157     (a)  A security background investigation must include, but
158need not be limited to, employment history checks, reference
159checks, local criminal history records checks through local law
160enforcement agencies, and statewide criminal history records
161checks through the Department of Law Enforcement.
162     (b)  Upon request, an employer shall furnish a copy of the
163personnel record for the employee or former employee who is the
164subject of a security background investigation. The information
165contained in the record may include, but need not be limited to,
166disciplinary matters and the reason the employee was terminated
167from employment, if applicable. An employer who releases a
168personnel record for purposes of a security background
169investigation is presumed to have acted in good faith and is not
170liable for information contained in the record without a showing
171that the employer maliciously falsified the record.
172     (c)  All employees hired or volunteers certified on or
173after October 1, 2012, must undergo a state and national
174criminal history record check. Supervised visitation programs
175shall contract with the department, the court administrator, or
176the clerk of court to conduct level 2 background checks under
177chapter 435. The cost for the fingerprint processing may be
178borne by the program or the person subject to the background
179check. The department, court administrator, or clerk of court
180shall screen the criminal history results to determine if an
181applicant meets the minimum requirements and is responsible for
182payment to the Department of Law Enforcement by invoice to the
183department, the court administrator, or the clerk of court or
184via payment from a credit card by the applicant or a vendor on
185behalf of the applicant. If the department, court administrator,
186or clerk of court is unable to conduct the background check, the
187supervised visitation program may participate in the Volunteer
188and Employee Criminal History System, as authorized by the
189National Child Protection Act of 1993 and s. 943.0542, to obtain
190criminal history information.
191     (d)  The security background investigation must ensure that
192a person is not hired as an employee or certified as a volunteer
193if the person has an arrest awaiting final disposition for, has
194been convicted of, regardless of adjudication, has entered a
195plea of nolo contendere or guilty to, or has been adjudicated
196delinquent and the record has not been sealed or expunged for,
197any offense referenced under s. 435.04(2).
198     (e)  In analyzing and evaluating the information obtained
199in the security background investigation, the program must give
200particular emphasis to past activities involving children,
201including, but not limited to, child-related criminal offenses
202or child abuse. The program has sole discretion in determining
203whether to hire or certify a person based on his or her security
204background investigation.
205     (2)  Any person who is providing supervised visitation or
206exchange monitoring services through a supervised visitation
207program and who affirms to the court in writing that he or she
208abides by the state standards described in s. 753.06 is
209presumed, prima facie, to be acting in good faith and is immune
210from any liability, civil or criminal, which otherwise might be
211incurred or imposed with regard to the provision of such
212services.
213     Section 4.  This act shall take effect October 1, 2012.


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