SUPERVISED VISITATION PROVIDERS

Uniform Standards of Practice for Providers of Supervised Visitations

According to Family Code Section 3200, all providers of supervised visitation must operate their programs in compliance with the “Uniform Standards of Practice for Providers of Supervised Visitation” which can be found in the California Rules of Court, Standards of Judicial Administration, Standard 5.20. They are available: http://www.courts.ca.gov/7260.htm?title=standards&linkid=standard5_20

Therefore when selecting one of the following supervised visitation monitors it is very important that you, as parents:

Be familiar with the Standards of Practice

Use good judgment when selecting any monitor

The basic rules that are enforced during a supervised visit are:

Consider the value of having the monitor registered on Trustline or cleared through a criminal background check.Trustline requires all caregivers listed on its registry to pass a background screening that qualifies them to be a child care provider.   All persons listed on TrustLine have been cleared through a fingerprint check of records at the California Dept. of Justice and have no disqualifying criminal convictions or substantiated child abuse reports in California that would prevent them from being a child care provider.  As a monitor may be spending some time alone with your child, it is wise to select a monitor that is registered. It is your responsibility as a parent, to verify that the monitor is actually registered by calling 1-800-822-8490; Some agencies have the authority to do their own criminal background screening with the Department of Justice without having to go through TrustLine.Consider using a monitor that carries professional liability insurance that specifically covers supervised visitation; ask to see a copy of their policy.

Understand that a separate intake interview must be conducted with each parent and the children if age appropriate, prior to the first visit. Because of this, the first visit may not occur immediately.

2021 California Rules of Court

Standard 5.20. Uniform standards of practice for providers of supervised visitation

(a) Scope of service

This standard defines the standards of practice, including duties and obligations, for providers of supervised visitation under Family Code sections 3200 and 3200.5. Unless specified otherwise, the standards of practice are designed to apply to all providers of supervised visitation, whether the provider is a friend, relative, paid independent contractor, employee, intern, or volunteer operating independently or through a supervised visitation center or agency. The goal of these standards of practice is to assure the safety and welfare of the child, adults, and providers of supervised visitation. Once safety is assured, the best interest of the child is the paramount consideration at all stages and particularly in deciding the manner in which supervision is provided. Each court is encouraged to adopt local court rules necessary to implement these standards of practice.

(Subd (a) amended effective January 1, 2015; previously amended effective January 1, 2007.)

(b) Definition

For purposes of this standard, the following definitions apply:

(1)  A "nonprofessional provider," as defined in Family Code section 3200.5, is any person who is not paid for providing supervised visitation services.

(2)  A "professional provider," as defined in Family Code section 3200.5, is any person who is paid for providing supervised visitation services, or an independent contractor, employee, intern, or volunteer operating independently or through a supervised visitation center or agency.

(3)  A "provider," as defined in Family Code section 3200, includes any individual who functions as a visitation monitor, as well as supervised visitation centers.

(4)  "Supervised visitation" is contact between a noncustodial party and one or more children in the presence of a neutral third person.

(5)  A "TrustLine provider," is a professional supervised visitation provider who is registered on TrustLine, a database that is administered by the California Department of Social Services.

(Subd (b) amended effective January 1, 2021; previously amended effective January 1, 2007, and January 1, 2015.)

(c) Type of provider

Who provides the supervision and the manner in which supervision is provided depends on different factors, including local resources, the financial situation of the parties, and the degree of risk in each case. While the court makes the final decision as to the manner in which supervision is provided and any terms or conditions, the court may consider recommendations by the attorney for the child, the parties and their attorneys, Family Court Services staff, evaluators, and therapists. As specified in Family Code section 3200.5, in any case in which the court has determined that there is domestic violence or child abuse or neglect, as defined in section 11165.6 of the Penal Code, and the court determines supervision is necessary, the court must consider whether to use a professional or nonprofessional provider based on the child's best interest.

(Subd (c) amended effective January 1, 2015; previously amended effective January 1, 2007.)

(d) Qualifications of nonprofessional providers

(1)  Unless otherwise ordered by the court or stipulated by the parties, the nonprofessional provider must:

(A)  Have no record of a conviction for child molestation, child abuse, or other crimes against a person;

(B)  Have proof of automobile insurance if transporting the child;

(C)  Have no current or past court order in which the provider is the person being supervised; and

(D)  Agree to adhere to and enforce the court order regarding supervised visitation.

(2)  Unless otherwise ordered by the court or stipulated by the parties, the nonprofessional provider should:

(A)  Be 21 years of age or older;

(B)  Have no record of conviction for driving under the influence (DUI) within the last 5 years;

(C)  Not have been on probation or parole for the last 10 years;

(D)  Have no civil, criminal, or juvenile restraining orders within the last 10 years; and

(E)  Not be financially dependent on the person being supervised.

(3)  Sign a local court form or Declaration of Supervised Visitation Provider (Nonprofessional) (form FL-324(NP)) stating that all requirements to be a nonprofessional provider have been met.

(Subd (d) amended effective January 1, 2021; adopted as part of subd (c) previously relettered and amended as subd (d) effective January 1, 2015.)

(e) Qualifications of professional providers

The professional provider must:

(1)  Be 21 years of age or older;

(2)  Have no record of conviction for driving under the influence (DUI) within the last 5 years;

(3)  Not have been on probation or parole for the last 10 years;

(4)  Have no record of a conviction for child molestation, child abuse, or other crimes against a person;

(5)  Have proof of automobile insurance if transporting the child;

(6)  Have no civil, criminal, or juvenile restraining orders within the last 10 years;

(7)  Have no current or past court order in which the provider is the person being supervised;

(8)  Be able to speak the language of the party being supervised and of the child, or the provider must provide a neutral interpreter over the age of 18 who is able to do so;

(9)  Agree to adhere to and enforce the court order regarding supervised visitation;

(10)  Complete a Live Scan criminal background check, at the expense of the provider or the supervised visitation center or agency, before providing visitation services;

(11)  Be registered as a TrustLine provider under chapter 3.35 (commencing with section 1596.60) of division 2 of the Health and Safety Code. Notwithstanding any other law, a person is ineligible to be a professional provider if the California Department of Social Services either:

(A)  Denies that person's TrustLine registration under Health and Safety Code sections 1596.605 or 1596.607; or

(B)  Revokes that person's TrustLine registration under Health and Safety Code section 1596.608;

(12)  Meet the training requirements listed in (f);

(13)  Sign a Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)) stating that all requirements to be a professional provider have been met; and

(14)  Sign a separate, updated form FL-324(P) each time the professional provider submits a report to the court.

(Subd (e) amended effective January 1, 2021; adopted as part of subd (c); previously relettered and amended as subd (e) effective January 1, 2015.)

(f) Training for professional providers

(1)  Before providing services, professional providers must complete 24 hours of training, including at least 12 hours of classroom instruction in the following subjects:

(A)  The role of a professional provider;

(B)  Child abuse reporting laws;

(C)  Record-keeping procedures;

(D)  Screening, monitoring, and termination of visitation;

(E)  Developmental needs of children;

(F)  Legal responsibilities and obligations of a provider;

(G)  Cultural sensitivity;

(H)  Conflicts of interest, including the acceptance of gifts;

(I)  Confidentiality;

(J)  Issues relating to substance abuse, child abuse, sexual abuse, and domestic violence; and

(K)  Basic knowledge of family and juvenile law.

(2)  Of the 24 hours of training required in (1), the training must include at least:

(A)  Three hours on the screening, monitoring, and termination of visitation;

(B)  Three hours on the developmental needs of children;

(C)  Three hours on issues relating to substance abuse, child abuse, sexual abuse, and domestic violence; and

(D)  One hour on basic knowledge of family law.

(3)  On or after January 1, 2021, to complete the required training in child abuse reporting laws under (1)(B), a professional provider must complete an online training required for mandated reporters that is provided by the California Department of Social Services. This mandatory online training is not intended to increase the total of 24 hours of training required in (1).

(Subd (f) amended effective January 1, 2021; adopted as subd (d) effective January 1, 2007; previously amended and relettered as subd (f) effective January 1, 2015.)