California Family Code Section 3200-3204 (Cont.)
(11) 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.
(12) Sign the Judicial Council Declaration of Supervised Visitation Provider form that the person meets the training and qualifications of a provider. A professional provider shall sign a separate, updated form each time the professional provider submits a report to the court.
(13) (A) 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.
(B) 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.
(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.
(Amended by Stats. 2019, Ch. 823, Sec. 1. (AB 1165) Effective January 1, 2020.)