Florida Senate - 2011                                     SB 482
       
       
       
       By Senator Wise
       
       
       
       
       5-00143-11                                             2011482__
    1                        A bill to be entitled                      
    2         An act relating to supervised visitation and exchange
    3         monitoring; creating s. 753.06, F.S.; adopting state
    4         standards for supervised visitation programs;
    5         providing for modification; requiring the standards to
    6         be published on the website of the Clearinghouse on
    7         Supervised Visitation; requiring each program to
    8         annually affirm compliance with the standards to the
    9         court; providing that after a specified date only
   10         those programs that adhere to the state standards may
   11         receive state funding; creating s. 753.07, F.S.;
   12         providing factors for the court or child-placing
   13         agency to consider when referring cases for supervised
   14         visitation or exchange monitoring; specifying training
   15         requirements for persons providing such services;
   16         authorizing supervised visitation programs to alert
   17         the court to problems with referred cases; creating s.
   18         753.08, F.S.; requiring supervised visitation programs
   19         to conduct security background checks of employees and
   20         volunteers; providing requirements for such checks;
   21         requiring that an employer furnish a copy of the
   22         personnel record for the employee or former employee
   23         upon request; providing immunity to employers who
   24         provide information for purposes of a background
   25         check; requiring that all applicants hired or
   26         certified by a program after a specified date undergo
   27         a level 2 background screening; delegating
   28         responsibility for screening criminal history
   29         information and for costs; authorizing a supervised
   30         visitation program to participate in the Volunteer and
   31         Employee Criminal History System in order to obtain
   32         criminal history information; providing that certain
   33         persons providing services at a supervised visitation
   34         program are presumed to act in good faith and are
   35         immune from civil or criminal liability; providing an
   36         effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 753.06, Florida Statutes, is created to
   41  read:
   42         753.06Standards; funding limitations.—
   43         (1) The standards announced in the final report submitted
   44  to the Legislature pursuant to s. 753.03(4) shall be the basis
   45  for the state’s standards for supervised visitation and exchange
   46  monitoring, and may be modified only by the advisory board
   47  created under s. 753.03(2) after reasonable notice to the
   48  programs, but not more often than annually. The clearinghouse
   49  shall publish the standards, as modified, on its website. The
   50  published standards shall be the state standards for supervised
   51  visitation programs.
   52         (2) Each supervised visitation program must annually affirm
   53  in a written agreement with the court that it abides by the
   54  standards. If the program has a contract with a child-placing
   55  agency, that contract must include an affirmation that the
   56  program complies with the standards. A copy of the agreement or
   57  contract must be made available to any party upon request.
   58         (3) On or after January 1, 2012, only a supervised
   59  visitation program that has affirmed in a written agreement with
   60  the court that it abides by and is in compliance with the state
   61  standards may receive state funding for supervised visitation or
   62  exchange monitoring services.
   63         Section 2. Section 753.07, Florida Statutes, is created to
   64  read:
   65         753.07Referrals.—
   66         (1) Courts and referring child-placing agencies must adhere
   67  to the following priorities when determining where to refer
   68  cases for supervised visitation or exchange monitoring:
   69         (a) For cases that are filed under chapter 61 or chapter
   70  741 in which the courts are the primary source of referrals, the
   71  court shall direct referrals as follows:
   72         1. The order must refer the parties to a supervised
   73  visitation program that has a written agreement with the court
   74  as provided in s. 753.06(2) if such a program exists in the
   75  community.
   76         2. If a program does not exist, or if the existing program
   77  is not able to accept the referral for any reason, the court may
   78  refer the case to a local mental health professional. Such
   79  professional is not required to abide by the state standards
   80  established in s. 753.06; however, the professional must affirm
   81  to the court in writing that he or she has completed the
   82  clearinghouse’s free, online supervised visitation training
   83  program and has read and understands the state standards.
   84         (b) In cases governed by chapter 39, the referring child
   85  placing agency must adhere to the following:
   86         1. The agency that has primary responsibility for the case
   87  must ensure that each family is assessed for problems that could
   88  present safety risks during parent-child contact. If risks are
   89  found, agency staff shall consider referring the parties to a
   90  local supervised visitation program that has affirmed in writing
   91  that it adheres to the state standards if such a program exists
   92  in the community.
   93         2. If agency staff determines that there is no need for a
   94  supervised visitation, such program does not exist, or the
   95  existing program is unable to accept the referral for any
   96  reason, the child protective investigator or case manager who
   97  has primary responsibility for the case may:
   98         a. Supervise the parent-child contact himself or herself.
   99  However, before a child protective investigator or case manager
  100  may supervise visits, he or she must review or receive training
  101  on the online training manual for the state’s supervised
  102  visitation programs and affirm in writing to his or her own
  103  agency that he or she has received training on, or has reviewed
  104  and understands, the state standards.
  105         b. Designate a foster parent or relative to supervise the
  106  parent-child visits in those cases that do not warrant the
  107  supervision of the child protective investigator or case
  108  manager. However, the designated foster parent or relative must
  109  first be apprised that the case manager conducted a safety
  110  assessment described in subparagraph 1., and must be provided
  111  access to free training material on the foster parent’s or
  112  relative’s role in supervised visitation. Such materials may be
  113  created by the clearinghouse using existing or new material and
  114  must be approved by the department. Such training may be
  115  included in any preservice foster parent training conducted by
  116  the agency.
  117         3. If a program does not exist, or if the existing program
  118  is unable to accept the referral and the child protective
  119  investigator or case manager is unable to supervise the parent
  120  child contact or designate a foster parent or relative to
  121  supervise the visits as described in subparagraph 2., the agency
  122  that has primary responsibility for the case may refer the case
  123  to other qualified staff within that agency to supervise the
  124  contact. However, before such staff member may supervise any
  125  visits, he or she must review or receive training on the online
  126  training manual for supervised visitation programs and affirm in
  127  writing to his or her own agency that he or she has received
  128  training on, or has reviewed and understands, the training
  129  manual and the state standards.
  130         4. The agency that has primary responsibility for the case
  131  may not refer the case to a subcontractor or other agency to
  132  perform the supervised visitation unless that subcontractor’s or
  133  other agency’s child protective investigators or case managers
  134  who supervise onsite or offsite visits have reviewed or received
  135  training on the clearinghouse’s online training manual for
  136  supervised visitation programs and affirm to their own agency
  137  that they have received training on, or have reviewed and
  138  understand, the training manual and the state standards.
  139         (2) This section does not prohibit the court from allowing
  140  a litigant’s relatives or friends to supervise visits if the
  141  court determines that such supervision is safe. However, such
  142  informal supervisors must be made aware of the free online
  143  clearinghouse materials that they may voluntarily choose to
  144  review. These materials must provide information that helps
  145  educate the informal supervisors about the inherent risks and
  146  complicated dynamics of supervised visitation.
  147         (3) Supervised visitation programs may alert the court in
  148  writing if there are problems with referred cases and the court
  149  may set a hearing to address these problems.
  150         Section 3. Section 753.08, Florida Statutes, is created to
  151  read:
  152         753.08Security background checks; immunity.—
  153         (1) Because of the special trust or responsibility placed
  154  on volunteers and employees of supervised visitation programs,
  155  such program must conduct a security background investigation
  156  before hiring an employee or certifying a volunteer.
  157         (a) A security background investigation must include, but
  158  need not be limited to, employment history checks, reference
  159  checks, local criminal history records checks through local law
  160  enforcement agencies, and statewide criminal history records
  161  checks through the Department of Law Enforcement.
  162         (b) Upon request, an employer shall furnish a copy of the
  163  personnel record for the employee or former employee who is the
  164  subject of a security background investigation. The information
  165  contained in the record may include, but need not be limited to,
  166  disciplinary matters and the reason the employee was terminated
  167  from employment, if applicable. An employer who releases a
  168  personnel record for purposes of a security background
  169  investigation is presumed to have acted in good faith and is not
  170  liable for information contained in the record without a showing
  171  that the employer maliciously falsified the record.
  172         (c) All employees hired or volunteers certified on or after
  173  October 1, 2011, must undergo a state and national criminal
  174  history record check. Supervised visitation programs shall
  175  contract with the department, the court administrator, or the
  176  clerk of court to conduct level 2 background checks under
  177  chapter 435. The cost for the fingerprint processing may be
  178  borne by the program or the person subject to the background
  179  check. The department, court administrator, or clerk of court
  180  shall screen the criminal history results to determine if an
  181  applicant meets the minimum requirements and is responsible for
  182  payment to the Department of Law Enforcement by invoice to the
  183  department, the court administrator, or the clerk of court or
  184  via payment from a credit card by the applicant or a vendor on
  185  behalf of the applicant. If the department, court administrator,
  186  or clerk of court is unable to conduct the background check, the
  187  supervised visitation program may participate in the Volunteer
  188  and Employee Criminal History System, as authorized by the
  189  National Child Protection Act of 1993 and s. 943.0542, to obtain
  190  criminal history information.
  191         (d) The security background investigation must ensure that
  192  a person is not hired as an employee or certified as a volunteer
  193  if the person has an arrest awaiting final disposition for, has
  194  been convicted of, regardless of adjudication, has entered a
  195  plea of nolo contendere or guilty to, or has been adjudicated
  196  delinquent and the record has not been sealed or expunged for,
  197  any offense prohibited under s. 435.04(2).
  198         (e) In analyzing and evaluating the information obtained in
  199  the security background investigation, the program must give
  200  particular emphasis to past activities involving children,
  201  including, but not limited to, child-related criminal offenses
  202  or child abuse. The program has sole discretion in determining
  203  whether to hire or certify a person based on his or her security
  204  background investigation.
  205         (2) Any person who is providing supervised visitation or
  206  exchange monitoring services through a supervised visitation
  207  program and who affirms to the court in writing that he or she
  208  abides by the state standards described in s. 753.06 is
  209  presumed, prima facie, to be acting in good faith and is immune
  210  from any liability, civil or criminal, which otherwise might be
  211  incurred or imposed with regard to the provision of such
  212  services.
  213         Section 4. This act shall take effect October 1, 2011.