Supervised visitation programs in Florida: a cause for optimism, a call for caution.

• Author: Oehme, Karen

It's a familiar dilemma to family lawyers and judges: how to facilitate visitation between children and noncustodial parents in volatile family court cases amidst allegations of domestic violence, threats of abduction, and drug or alcohol abuse. Courts and parents often fear that visitation will provide a violent parent opportunities to escalate the violence.(1) In addition, research confirms the intuitive conclusion that children suffer when contact with both parents places them in the middle of severe, ongoing conflict, or when it exposes them to the threat of harm.(2)

For years, most courts in Florida asked the parties to find a "neutral third party" to supervise the visitation--a daunting task for many families, given the commitment of time and energy required by this supervisor. Even if a friend or family member agrees to supervise visitation, as one report reveals, the volunteer may be vulnerable to the noncustodial parent's demands and threats, rendering the supervision ineffective.(3)

The rapid development of supervised visitation centers through grassroots efforts around the state has given judges and family lawyers new options in these and similarly difficult cases--cases involving allegations that a custodial parent is attempting to damage the relationship between the noncustodial parent and the child, cases in which the child refuses to visit the noncustodial parent, and cases in which there have been long interruptions in the contact between the child and the custodial parent. The Florida Legislature has recognized and responded to the need by creating new opportunities for the establishment of several more centers.(4) But lawyers should be aware of the complex issues and stringent policies involved in order to assist their clients with proper use of the centers. Such awareness is essential to maintaining the safety standards of these important resources. In addition, attorneys should realize that institutional supervised visitation is not a long-term solution in most family court cases, and that the programs should not be thought of as a substitute for addressing the underlying problems that resulted in the need for supervised visitation in the first place.

Existing Programs in Florida

The First Report of the Governor's Task Force on Domestic Violence(5) recommended that the State of Florida should provide funding to establish and certify model supervised visitation centers.(6) As this article goes to press, there are 15 collaborative programs that provide supervised visitation in Florida. Some of these programs, like the ones in the 10th and 17th judicial circuits, were initially designed to provide supervision for families in juvenile court cases, and were expanded to provide services for parents involved in civil family court cases. Other programs, like the ones in the 15th and Second circuits, were developed specifically for family court cases, and are now planning to expand their services into the dependency court arena. Several programs offer monitored exchange services which provide supervisors to oversee the transfer of a child from the custodial parent to the noncustodial parent at the start of the visitation period and the return of the child to the custodial parent at the end of the visitation period. The differences among the programs with respect to the amounts and sources of funding and the availability of services are great. Every existing center, however, accepts referrals of cases from the local court system. Each center is innovative in its own right--many were developed with input from local family lawyers. All report overwhelming support from the local judiciary, and each maximizes the resources of its particular community.

First Judicial Circuit

Opened in May 1996, the Family Visitation Center operates as a division of the Children's Home Society (CHS), Western Division, in Pensacola. With one paid staff member, the center operates Tuesdays through Saturdays, and trained volunteers provide supervision. Family court and juvenile dependency cases are accepted, and visitations are limited to 90 minutes. The court can order several visitations in one week. A local physician leases the office building where the visitations take place to the program for $1 per year. There are television monitors at the center, but no other security. The program received a grant from the Department of Children and Family Services, and private funding from the local Junior League for start-up costs. An advisory board of family lawyers, guardian ad litem representatives, ministers, and circuit court representatives provides advice and assistance to the program.

Second Judicial Circuit

The Family Visitation Program of Tallahassee opened in 1995, and serves families every other Saturday at a local elementary school. Supervision is provided by graduate students in the Florida State University School of Social Work, who receive course credit for their supervision services and attendance at training sessions. The Guardian Ad Litem Program of the circuit is an integral part of the center, working with the school of social work to develop policies and administer the program. The Leon County Sheriff's Department provides a uniformed deputy during all visitation at no cost to the program, and each family pays $10 to Leon County (the specific allocation of costs between parents is determined by the referring judge) for each visit. The Board of County Commissioners provides a small budget to pay supervisors during university holidays.

Fourth Judicial Circuit

The oldest and largest visitation center is in Jacksonville. The Family Visitation Center, Inc., operating at two locations, is a not-for-profit corporation with an annual budget of $233,000 and eight paid staff members.(7)

The majority of cases at the center involve foster care and dependency issues. The program began to accept family cases in 1995, and hired a part-time staff member to coordinate the caseload in January 1996. There is a sliding fee scale for family cases only. Volunteers (most from the Junior League) receive three hours of training and staff approximately 40 percent of the visitations. Security consists of audio-visual television monitors in each visitation room, hand-held metal detectors and breathalyzers, and panic buttons linked to the Jacksonville Police Department. One of the most inventive aspects of the program is that the two buildings used by the program are owned by a local church and a church-affiliated organization which lease the buildings to the program for $1 a year.

Fifth Judicial Circuit

The Family Visitation Center of Ocala opened in May 1994. The majority of families supervised by the program are from the foster care and dependency system. Some family cases are accepted when domestic violence or threats of parental kidnapping are alleged. Funding sources include the Junior League, United Way, CHS, and the Department of Children and Family Services. Security consists of an alarm system linked to the Ocala Police Department. Two paid staff members train volunteers from the police department, Junior League, local hospitals, and a community...