DID YOU KNOW BY ATTORNEY F.M. ZAVALA
Supervised Visitation in Family Court Divorce and Custody Cases
California Family Code 3200.5 states in relevant part:
In any case in which the court has determined that there is domestic violence or child abuse or neglect, 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.
“Nonprofessional provider” means any person who is not paid for providing supervised visitation services.
“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.
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.
A professional provider shall:
(1) Complete the training relating to child abuse reporting laws, by completing an online training course required for mandated reporters that is provided by the State Department of Social Services. This online training requirement is not intended to increase the total number of training hours required by this paragraph.
(2) Complete a Live Scan criminal background check, at the expense of the provider or the supervised visitation center or agency, prior to providing visitation services.
(3) (A) 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.
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.
California Family Code 3201
Any supervised visitation maintained or imposed by the court shall be administered in accordance with Standard 5.20 of the California Standards of Judicial Administration recommended by the Judicial Council.