Rules of the California Courts Regarding Providers of Supervised Visitation
The Current California Rules of Court
The Guidelines previously discussed are not Court Rules. I have singled out a few of the rules on this page you might want to pay particular attention to when considering which Professional Provider of Supervised Visitation to work with; sections: “a, b, e, and l”. However, to be best informed about the current California Rules of Court on this issue, I recommend you read all 20 sections.
Standard 5.20. Uniform Standards of Practice for Providers of Supervised Visitation seen HERE in their entirety contain 20 Rule Sections
(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, a 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.)
Family Code section 3200 defines the term “provider” as including any individual or supervised visitation center that monitors visitation. Supervised visitation is contact between a noncustodial party and one or more children in the presence of a neutral third person.
(Subd (b) amended effective January 1, 2015; previously amended effective January 1, 2007.)
The following sections have to do primarily with Child Visit Supervision by a Professional Provider. These are the things you need to look for when choosing a Professional Provider of Court Ordered Child Visit Supervision Services.
Section: (e) Qualifications of professional providers
When considering which local Professional Provider to choose, as the better part of wisdom, you may want to read all sections of the Standard 5.20. Uniform Standards of Practice for Providers of Supervised Visitation seen HERE in their entirety contain 20 Rule Document.
A “professional provider” is any person paid for providing supervised visitation services, or an independent contractor, employee, intern, or volunteer operating independently or through a supervised visitation center or agency. The professional provider must:
- Be 21 years of age or older;
- Have no record of conviction for driving under the influence (DUI) within the last 5 years;
- Not have been on probation or parole for the last 10 years;
- Have no record of a conviction for child molestation, child abuse, or other crimes against a person;
- Have proof of automobile insurance if transporting the child;
- Have no civil, criminal, or juvenile restraining orders within the last 10 years;
- Have no current or past court order in which the provider is the person being supervised;
- 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;
- Agree to adhere to and enforce the court order regarding supervised visitation;
- Meet the training requirements stated in (f); and
- Sign a declaration or Declaration of Supervised Visitation Provider (form FL-324) stating that all requirements to be a professional provider have been met.
Another Section you may find of particular interest:
(l) Delineation of terms and conditions
The provider bears the sole responsibility for enforcement of all the terms and conditions of any supervised visitation. Unless otherwise ordered by the court, the provider should implement the following terms and conditions:
- Monitor conditions to assure the safety and welfare of the child;
- Enforce the frequency and duration of the visits as ordered by the court;
- Avoid any attempt to take sides with either party;
- Ensure that all contact between the child and the noncustodial party is within the provider’s hearing and sight at all times and that discussions are audible to the provider;
- Speak in a language spoken by the child and the noncustodial party;
- Allow no derogatory comments about the other parent, his or her family, caretaker, child, or child’s siblings;
- Allow no discussion of the court case or possible future outcomes;
- Allow neither the provider nor the child to be used to gather information about the other party or caretaker or to transmit documents, information, or personal possessions;
- Allow no spanking, hitting, or threatening the child;
- Allow no visits to occur while the visiting party appears to be under the influence of alcohol or illegal drugs;
- Allow no emotional, verbal, physical, or sexual abuse;
- Allow no contact between the custodial and noncustodial parents unless ordered by the court; and
- Ensure that the parties follow any additional rules stated by the provider or the court.
Now might be a good time to take a look at how Supervised Visitations actually work.