California Rules of Court

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.

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.)

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.)

(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.)

The professional provider must:

(1) Be 21 years of age or older;

(2) Have no record of conviction for driving under the influence (DUI) within the last 5 years;

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

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

(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 the age of 18 who is able to do so;

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

(10) Complete a Live Scan criminal background check, at the expense of the provider or the supervised visitation center or agency, before providing visitation services;

(11) Be registered as a TrustLine provider under chapter 3.35 (commencing with section 1596.60) of division 2 of the Health and Safety Code. Notwithstanding any other law, a person is ineligible to be a professional provider if the California Department of Social Services either:

(A) Denies that person’s TrustLine registration under Health and Safety Code sections 1596.605 or 1596.607; or

(B) Revokes that person’s TrustLine registration under Health and Safety Code section 1596.608;

(12) Meet the training requirements listed in (f);

(13) Sign a Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)) stating that all requirements to be a professional provider have been met; and

(14) Sign a separate, updated form FL-324(P) each time the professional provider submits a report to the court.

(Subd (e) amended effective January 1, 2021; adopted as part of subd (c); previously relettered and amended as subd (e) effective January 1, 2015.)

(1) Before providing services, professional providers must complete 24 hours of training, including at least 12 hours of classroom instruction in the following subjects:

(A) The role of a professional provider;

(B) Child abuse reporting laws;

(C) Record-keeping procedures;

(D) Screening, monitoring, and termination of visitation;

(E) Developmental needs of children;

(F) Legal responsibilities and obligations of a provider;

(G) Cultural sensitivity;

(H) Conflicts of interest, including the acceptance of gifts;

(I) Confidentiality;

(J) Issues relating to substance abuse, child abuse, sexual abuse, and domestic violence; and

(K) Basic knowledge of family and juvenile law.

(2) Of the 24 hours of training required in (1), the training must include at least:

(A) Three hours on the screening, monitoring, and termination of visitation;

(B) Three hours on the developmental needs of children;

(C) Three hours on issues relating to substance abuse, child abuse, sexual abuse, and domestic violence; and

(D) One hour on basic knowledge of family law.

(3) On or after January 1, 2021, to complete the required training in child abuse reporting laws under (1)(B), a professional provider must complete an online training required for mandated reporters that is provided by the California Department of Social Services. This mandatory online training is not intended to increase the total of 24 hours of training required in (1).

(Subd (f) amended effective January 1, 2021; adopted as subd (d) effective January 1, 2007; previously amended and relettered as subd (f) effective January 1, 2015.)

All providers should 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. In order to avoid a conflict of interest, the professional provider should not:

(1) Be financially dependent on the person being supervised;

(2) Be an employee of the person being supervised;

(3) Be an employee of or affiliated with any superior court in the county in which the supervision is ordered unless specified in the employment contract; or

(4) Be in an intimate relationship with the person being supervised.

(Subd (i) amended and relettered effective January 1, 2015; adopted as subd (f) effective January 1, 1998; previously amended and relettered as subd (g) effective January 1, 2007.)

(1) Professional providers must keep a record for each case, including 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; and

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

(2) Case recordings should be limited to facts, observations, and direct statements made by the parties, not personal conclusions, suggestions, or opinions of the provider. All contacts by the provider in person, in writing, or by telephone with either party, the children, the court, attorneys, mental health professionals, and referring agencies should be documented in the case file. All entries should be dated and signed by the person recording the entry.

(3) If ordered by the court or requested by either party or the attorney for either party or the attorney for the child, a report about the supervised visit must be produced. These reports should include facts, observations, and direct statements and not opinions or recommendations regarding future visitation. The original report must be sent to the court if so ordered, or to the requesting party or attorney, and copies should be sent to all parties, their attorneys, and the attorney for the child.

(4) Any identifying information about the parties and the child, including addresses, telephone numbers, places of employment, and schools, is confidential, should not be disclosed, and should be deleted from documents before releasing them to any court, attorney, attorney for the child, party, mediator, evaluator, mental health professional, social worker, or referring agency, except as required in reporting suspected child abuse.

(Subd (j) amended and relettered effective January 1, 2015; adopted as subd (g) effective January 1, 1998; previously amended and relettered as subd (h) effective January 1, 2007.)

In addition to the legal responsibilities and obligations required in (n), professional providers must:

(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; and

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

(Subd (o) amended and relettered effective January 1, 2015; adopted as subd (l) effective January 1, 1998; previously amended and relettered as subd (m) effective January 1, 2007.)

(1)All providers must make every reasonable effort to provide a safe visit for the child and the noncustodial party.

(2)However, 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 must be recorded in the case file.

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

(Subd (p) amended and relettered effective January 1, 2015; adopted as subd (m) effective January 1, 1998; previously amended and relettered as subd (n) effective January 1, 2007.)

(1) Each court is encouraged to make available to all providers informational materials about the role of a provider, the terms and conditions of supervised visitation, and the legal responsibilities and obligations of a provider under this standard.

(2) By January 1, 2022, each court must develop and adopt local rules that establish procedures for processing and maintaining:

(A) Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)), along with the professional provider’s original report required in (j)(3) of this standard; and

(B) The nonprofessional supervised visitation provider’s declaration regarding qualifications, whether the provider uses the court’s local form or Declaration of Supervised Visitation Provider (Nonprofessional) (form FL-324(NP)).