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CA Rules

(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.)

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