The information on this website is general in nature and may or may not apply to your particular circumstances and is provided for informational purposes only. It is not intended as and does not constitute legal advice.
The information on this website is provided "as is" and without warranties of any kind, either expressed or implied, including but not limited to the warranties of merchantability and fitness for any particular purpose.
As a Supervised Visitation Monitor I 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 Monitor and the parties should be for the purposes of arranging visitation and providing for the safety of the children during the visit.
A record for each case will be maintained, including but not limited to the following: (i) a written record of each contact and visit including the date, time, and duration of (ii) who attended the visit; (iii) a summary of activities during the visit; (iv) actions taken by the Monitor, including any interruptions, interventions, terminations, and reasons for these actions; (v) an account of critical incidents, including physical or verbal altercations and/or threats; (vi) violations of protective or court visitation orders; (vii) any failure to comply with the terms and conditions of the visitation as per subdivision (i) of this contract; and (viii) any incidence of abuse or neglect as required by law.
Case recordings will be limited to facts, observations, and direct statements made by the parties, not personal conclusions, suggestions, or opinions of the Monitor. All contact by the Monitor in person, in writing, or by telephone with party, the children, the court, attorneys, mental health professionals, and referring agencies, should be documented in the case file. All entries will be dated and signed by the person recording the entry.
5.20. Uniform standards of practice for providers of supervised visitation
This standard defines the standards of practice, including duties and obligations, for providers of supervised visitation under Family Code section 3200. 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, 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. These standards of practice and this definition do not apply to supervision of visitation exchanges only, but may be useful in that context.
(Subd (b) amended effective January 1, 2007.)
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, therapists, and providers of supervised visitation.
All providers should make every reasonable effort to assure the safety and welfare of the child and adults during the visitation. A comprehensive intake and screening is conducted PRIOR to services beginning in order to assess the nature and degree of risk for each case. The procedures for intake include separate interviews with the parties before the first visit. During the interview, the provider will obtain identifying information and explain the reasons for temporary suspension or termination of a visit under this standard. If the child is of sufficient age and capacity, the provider may include the child in part of the intake or orientation process. Any discussion should be presented to the child in a manner appropriate to the child's developmental stage;
(A)Copies of any protective order; (B)Current court orders; (C)Any Judicial Council form relating to supervised visitation orders; (D)A report of any written records of allegations of domestic violence or abuse; and (E)An account of the child's health needs if the child has a chronic health condition.
If the provider determines that the risk factors present are placing in jeopardy the safety and welfare of the child or provider, that is reason to Suspend or terminate supervised visitation.
As a provider I maintain neutrality 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.