Bill Text: CA AB1165 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child custody: supervised visitation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-10-12 - Chaptered by Secretary of State - Chapter 823, Statutes of 2019. [AB1165 Detail]

Download: California-2019-AB1165-Amended.html

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Amended  IN  Assembly  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1165

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Introduced by Assembly Member Bauer-Kahan

February 21, 2019

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An act to amend Section 3200.5 of the Family Code, and to amend Section 1596.60 of, and to add Section 1596.657 to, the Health and Safety Code, relating to child custody.

LEGISLATIVE COUNSEL'S DIGEST

AB 1165, as amended, Bauer-Kahan. Child custody: supervised visitation.

Existing law requires a court to consider, when the court has determined that supervised visitation is necessary, whether to use a professional supervised visitation provider, as defined. Existing law requires the Judicial Council to develop standards for professional supervised visitation providers, including that the provider has not been convicted of child molestation or child abuse and that the provider has completed 24 hours of training in specified subjects, including conflicts of interest.

Existing law requires the State Department of Social Services to establish and continuously update a trustline registry of persons who provide childcare, supervision, or in-home educational or counseling services who are not required to be licensed and who have either not been convicted of a crime other than a minor traffic violation, or who have been granted an exemption by the department. Existing law prohibits the department from granting an exemption if a person has been convicted of certain crimes, including crimes that require the person to register as a sex offender. Existing law makes it a misdemeanor for a person to falsely represent themselves as a trustline applicant or a registered trustline child care provider.

This bill would prohibit a person from serving as a professional provider if the person is required to register as a sex offender under the Sex Offender Registration Act on the basis of, among other things, a conviction for a violent or serious felony, as defined, or specified offenses related to child pornography. require, beginning January 1, 2021, a professional supervised visitation monitor to register as a trustline provider. The bill would require professional providers to complete a LiveScan criminal background check before providing supervised visitation services and annually thereafter. The bill would require a professional provider to complete 24 hours of training prior to providing visitation services including at least 12 hours of classroom instruction, and would require training in conflicts of interest to cover the acceptance of gifts. at least 12 hours of the 24 hours of required training to be classroom instruction and require the training to comply with a curriculum developed by the department. The bill would make other technical changes. related changes. By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 3200.5 of the Family Code is amended to read:

3200.5.

 (a) Any standards for supervised visitation providers adopted by the Judicial Council pursuant to Section 3200 shall conform to this section. A provider, as described in Section 3200, shall be a professional provider or nonprofessional provider.

(b) 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 shall consider whether to use a professional or nonprofessional provider based upon the child’s best interest.

(c) For the purposes of this section, the following definitions apply:

(1) “Nonprofessional provider” means any person who is not paid for providing supervised visitation services.

(2) “Professional provider” means 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.

(d) Unless otherwise ordered by the court or stipulated by the parties, a nonprofessional provider shall:

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

(2) Have proof of automobile insurance if transporting the child.

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

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

(e) A professional provider shall:

(1) Be at least 21 years of age.

(2) Have no record of a conviction for driving under the influence (DUI) within the last five years.

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

(4) (A) Have no record of a conviction for child molestation, child abuse, or other crimes against a person, and not be required to register as a sex offender under Section 290 of the Penal Code on the basis of any of the following: person.

(A)The person was convicted of an offense described in Section 311.1 of, subdivision (b), (c), or (d) of Section 311.2 of, or Section 311.3, 311.4, 311.10, or 311.11 of, the Penal Code.

(B)The person was convicted of an offense described in subdivision (c) of Section 290 of the Penal Code that is also described in subdivision (c) of Section 667.5 of, subdivision (c) of Section 1192.7 of, Section 285 of, subdivision (g) or (h) of Section 286 of, subdivision (g) or (h) of Section 287 of, or former Section 288a of, subdivision (b) of Section 289 of, or Section 647.6 of, the Penal Code if it is a second or subsequent conviction for that offense that was brought and tried separately.

(C)Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) of Section 290 of the Penal Code and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5 of the Penal Code, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006 of the Penal Code, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5 of the Penal Code.

(D)The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.

(E)The person was convicted of violating any of the following:

(i)Section 187 of the Penal Code while attempting to commit or committing an act punishable under Section 261, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code.

(ii)Section 207 or 209 of the Penal Code with intent to violate Section 261, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code.

(iii)Section 220 of the Penal Code.

(iv)Subdivision (b) of Section 266h of the Penal Code.

(v)Subdivision (b) of Section 266i of the Penal Code.

(vi)Section 266j of the Penal Code.

(vii)Section 267 of the Penal Code.

(viii)Section 269 of the Penal Code.

(ix)Subdivision (b) or (c) of Section 288 of the Penal Code.

(x)Section 288.2 of the Penal Code.

(xi)Section 288.3 of the Penal Code, unless committed with the intent to commit a violation of subdivision (b) of Section 286 of, subdivision (b) of Section 287 of, or former Section 288a of, or subdivision (h) or (i) of Section 289 of, the Penal Code.

(xii)Section 288.4 of the Penal Code.

(xiii)Section 288.5 of the Penal Code.

(xiv)Section 288.7 of the Penal Code.

(xv)Subdivision (c) of Section 653f of the Penal Code.

(xvi)Any offense for which the person is sentenced to a life term pursuant to Section 667.61 of the Penal Code.

(F)The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04 of the Penal Code, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.

(G)The person is a habitual sex offender pursuant to Section 667.71 of the Penal Code.

(H)The person was convicted of violating subdivision (a) of Section 288 of the Penal Code in two proceedings brought and tried separately.

(I)The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61 of the Penal Code.

(J)The person is required to register pursuant to Section 290.004 of the Penal Code.

(K)The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1 of the Penal Code.

(L)The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4 of the Penal Code.

(M)The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 of the Penal Code or was convicted of violating Section 261 of the Penal Code and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264 of the Penal Code.

(B) (i) Beginning January 1, 2021, be registered as a trustline provider pursuant to Chapter 3.35 (commencing with Section 1596.60) of Division 2 of the Health and Safety Code.

(ii) Notwithstanding any other law, if a person is denied trustline registration by the State Department of Social Services pursuant to Section 1596.605 or 1596.607 of the Health and Safety Code, or if the State Department of Social Services revokes a person’s trustline registration pursuant to Section 1596.608 of the Health and Safety Code, that person shall be ineligible to be a professional provider.

(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 18 years of age who is able to do so.

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

(10) (A) Complete 24 hours of training prior to providing visitation services, including at least 12 hours of classroom instruction, at the expense of the provider or the supervised visitation center or agency, instruction in the following subjects:

(A)

(i) The role of a professional provider.

(B)

(ii) Child abuse reporting laws.

(C)

(iii) Recordkeeping procedures.

(D)

(iv) Screening, monitoring, and termination of visitation.

(E)

(v) Developmental needs of children.

(F)

(vi) Legal responsibilities and obligations of a provider.

(G)

(vii) Cultural sensitivity.

(H)

(viii) Conflicts of interest, including the acceptance of gifts.

(I)

(ix) Confidentiality.

(J)

(x) Issues relating to substance abuse, child abuse, sexual abuse, and domestic violence.

(K)

(xi)  Basic knowledge of family and juvenile law.

(B) Of the 24 hours of training required pursuant to subparagraph (A), at a minimum, three hours shall be on the screening, monitoring, and termination of visitation, three hours shall be on the developmental needs of children, three hours shall be on issues relating to substance abuse, child abuse, sexual abuse, and domestic violence, and two hours shall be on child abuse reporting laws and basic knowledge of family law.

(C) The training shall comply with a curriculum, which shall be developed by the State Department of Social Services.

(11) Complete a LiveScan criminal background check, at the expense of the provider or the supervised visitation center or agency, prior to providing visitation services, and annually thereafter.

(12) Sign a declaration or any Judicial Council form that the person meets the training and qualifications of a provider.

(f) The ratio of children to a professional provider shall be contingent on:

(1) The degree of risk factors present in each case.

(2) The nature of supervision required in each case.

(3) The number and ages of the children to be supervised during a visit.

(4) The number of people visiting the child during the visit.

(5) The duration and location of the visit.

(6) The experience of the provider.

(g) Professional providers of supervised visitation shall:

(1) Advise the parties before commencement of supervised visitation that no confidential privilege exists.

(2) Report suspected child abuse to the appropriate agency, as provided by law, and inform the parties of the provider’s obligation to make those reports.

(3) Suspend or terminate visitation under subdivision (h).

(h) Professional providers shall:

(1) Prepare a written contract to be signed by the parties before commencement of the supervised visitation. The contract should inform each party of the terms and conditions of supervised visitation.

(2) Review custody and visitation orders relevant to the supervised visitation.

(3) Keep a record for each case, including, at least, all of the following:

(A) A written record of each contact and visit.

(B) Who attended the visit.

(C) Any failure to comply with the terms and conditions of the visitation.

(D) Any incidence of abuse, as required by law.

(i) (1) Each provider shall make every reasonable effort to provide a safe visit for the child and the noncustodial party.

(2) 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 at a later date, or terminated.

(3) All interruptions or terminations of visits shall be recorded in the case file.

(4) All providers shall advise both parties of the reasons for the interruption or termination of a visit.

(j) A professional provider shall state the reasons for temporary suspension or termination of supervised visitation in writing and shall provide the written statement to both parties, their attorneys, the attorney for the child, and the court.

SEC. 2.

 Section 1596.60 of the Health and Safety Code is amended to read:

1596.60.

 (a)For the purposes of this chapter, the following definitions shall apply:

(a) “Ancillary day care center” means a day care center, as defined in Section 1596.76, that is associated with an athletic club, grocery store, or other business or group of businesses that is not required to be licensed pursuant to subdivision (k) of Section 1596.792 that provides a day care center that is ancillary to its principal business activity and that provides day care services, with or without a fee, for the children of the clients or customers of that business or group of businesses while the clients or customers are engaged in shopping for, or purchasing, goods or services from that business or group of businesses.

(1)

(b) “Department” means the State Department of Social Services.

(2)

(c) “Director” means the Director of Social Services.

(d) “Professional supervised visitation monitor” means a person paid for providing supervised visitation services, or an independent contractor, employee, intern, or volunteer who is providing supervised visitation services and operating independently or through a supervised visitation center or agency.

(3)

(e) “Trustline provider,” “license exempt child care provider,” or “provider” means a person 18 years of age or older who provides child care, supervision, or any person providing in-home educational or counseling services to a minor, and who is not required to be licensed pursuant to Section 1596.792. “Provider” also means a person who provides care or childcare supervision in an ancillary day care center other than the parent or guardian of the child receiving the care. “Trustline provider” or “provider” also means a professional supervised visitation monitor.

(4)“Ancillary day care center” means a day care center, as defined in Section 1596.76, that is associated with an athletic club, grocery store, or other business or group of businesses that is not required to be licensed pursuant to subdivision (k) of Section 1596.792 that provides a day care center that is ancillary to its principal business activity and that provides day care services, with or without a fee, for the children of the clients or customers of that business or group of businesses while the clients or customers are engaged in shopping for, or purchasing, goods or services from that business or group of businesses.

(b)This section shall become operative on January 1, 2011.

SEC. 3.

 Section 1596.657 is added to the Health and Safety Code, to read:

1596.657.

 Pursuant to Section 3200.5 of the Family Code, a professional supervised visitation monitor shall, beginning January 1, 2021, be registered pursuant to Sections 1596.603 and 1596.605.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.