SELECTING A SUPERVISED VISITATION MONITOR FOR YOUR FAMILY:
Requirements for Supervised Visitation Monitors in California
By Susan Griffin, MS, Professional Visitation Provider and Trainer
Many parents are confused about how to go about finding and selecting a Provider of Supervised Visitation Services when they walk out of Court with such an order. The Court in San Diego does provide a list of Providers but does not monitor, endorse, or evaluate the Providers. This means that parents need to educate themselves about the laws regulating Visitation Providers to ensure they are able to find a Provider who both meets the legal requirements and complies with all aspects of the regulations in their delivery of services.
This article is designed to provide parents with a series of questions and checklists they can use to assess the professionalism and appropriateness of Visitation Monitors when selecting a Professional Provider for their family. This information is based on the regulations that govern the conduct of Monitors and the way in which these services must be provided.
Section 5.20 of the California Standards of Judicial Administration became effective January 1, 1998, to read: Section 5.20 Uniform standards of practice for providers of supervised visitation. Section 5.20 is part of California’s Family Code 3100. The goal of these standards 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 to be provided in your case.
There are three types of monitors described in 5.20 and there are some standard requirements for all three types as well as a unique aspect for each. The three types are:
The Nonprofessional Provider is any person who is not paid for providing supervised visitation services. The most common person in this category is a friend or a family member. Unless otherwise ordered by the court or stipulated by the parties, the Nonprofessional Provider should meet the following requirements:
The Professional Provider is any person paid for providing visitation services, or an independent contractor, employee, in tern, or volunteer operating independently or through a supervised visitation center or agency. The Professional and Therapeutic Provider should meet the following requirements:
The Therapeutic Provider is a licensed mental health professional paid for providing supervised visitation services, including but not limited to the following: a psychiatrist, psychologist, clinical social worker, marriage and family counselor, or intern working under direct supervision. A judicial officer may order therapeutic supervision for cases requiring a clinical setting.
In San Diego County, all Professional and Therapeutic Providers are required to have specific training in the legal requirements of Section 5.20, domestic violence, child abuse, substance abuse, parenting and co-parenting issues in divorcing/separating families,
All Providers are required to make every reasonable effort to assure the safety and welfare of the child and adults during visitation. Professional and Therapeutic providers are required to have written security procedures and inform the parties of these procedures prior to the start of services. Professional and Therapeutic providers are required to conduct a comprehensive intake and screening to assess the nature and degree of risk for each case. The procedures for intake should include separate interviews with the parties before the first visit. If the child is of sufficient age and capacity, the provider should include him or her in part of the intake or orientation process.
Professional and Therapeutic providers are required to obtain copies of any protective order, current court orders, any Judicial Council form relating to supervised visitation orders, a report of any written records of allegations of domestic violence or abuse and an account of a child’s needs if they have a chronic health condition.
Professional and Therapeutic providers are required to determine the appropriate ratio of children to provider by assessing risk factors, the nature of supervision, the number and ages of the children, the number of people visiting the child, the duration and location of the visit and the experience of the provider.
Professional and Therapeutic Providers are required to maintain a neutral role by refusing to discuss the merits of the case or agree with or support one party over another. Any discussion between a Provider and the parties should be for the purposes of arranging visitation and providing for the safety of the children. In order to avoid a conflict of interest, no Provider should:
The Professional and Therapeutic Provider are required to keep a record for each case, including but not limited to the following:
Professional and Therapeutic providers are required to ensure that case recording are limited to facts, observation, and direct statements made by the parties, not personal conclusions, suggestions, or opinions of the provider. All contacts by the provider in person, in writing, or by telephone with either party, the children, the court, attorneys, mental health professionals, and referring agencies should be documented in the case file. All entries should be dated and signed by the person recording the entry.
Professional and Therapeutic providers are required to produce a report if ordered by the court, requested by either party or the attorney for either party or the attorney for the child. The report should include facts, observations, and direct statements and not opinions or recommendations regarding future visitation unless ordered by the court. A copy of any report should be sent to all parties, their attorneys, and the attorney for the child.
Professional and Therapeutic providers are required to safeguard any identifying information about the parties and the child including addresses, telephone numbers, places of employment and schools by deleting them prior to releasing the documents to any court, attorney, attorney for the child, party mediator, evaluator, mental health professional, social worker, or referring agency, except as required in reporting suspected child abuse.
Communications between parties and Providers of supervised visitation are not protected by any privilege of confidentiality. The psychotherapist-patient privilege does not apply during therapeutic supervision. Professional and Therapeutic providers are required to, whenever possible, maintain confidentiality regarding the case except when:
The sole responsibility for enforcement of all terms and conditions of any supervised visitation is the provider’s. Professional and Therapeutic providers are required to prepare a written contract to be signed by the parties before commencement of supervised visitation. The contract should inform each party of the terms and conditions of supervised visitation. Professional and Therapeutic providers are required to review custody and visitation orders relevant to the supervised visitation and to implement an intake and screening procedure which includes separate interview with each party before supervised visitation services begin.
Professional and Therapeutic providers are required to make every reasonable effort to provide a safe visit for the child and the non-custodial party. However, if a provider determines that the rules of the visit have been violated, the child has become acutely distressed, or the safety of the child or the provider is at risk, the visit may be temporarily interrupted, rescheduled to a later date, or terminated entirely. All interruptions or terminations of visits are to be recorded in the case file. All providers should advise both parties of the reasons for interruption of a visit or termination.
Professional and Therapeutic providers are required to state the reasons for temporary suspension or termination of supervised visitation in writing and provide them to both parties, their attorneys, the attorney for the child, or the court.
Supervised Visitation and Supervised Exchange are valuable services for parents who are working out their differences as the family makes the often difficult transition from living together to living apart. It is important to find a Professional who is the best fit for the family who provide these vital services. Look for a Professional Provider who follows the law and, equally important, provides a warm, friendly, safe and fair environment and relationship for everyone in the family. Interview Professional Providers using the information provided in this article so you are confident the services are being provided in compliance with the law. Ask for a tour of the facility or the public places used to provide services so you can determine if the Provider and the setting are right for you and your children.