Visitation Monitor
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.
A "provider," as defined in Family Code section 3200, includes any individual who functions as a visitation monitor, as well as supervised visitation centers.
Visitation Monitor Requirements
In accordance with the 2024 California Rules of Court for supervised visitation monitors, the professional visitation monitor should:
- Be 21 years of age or older;
- Have no record of conviction for driving under the influence (DUI) within the last 5 years;
- Not have been on probation or parole for the last 10 years;
- Have no record of a conviction for child molestation, child abuse, or other crimes against a person;
- Have proof of automobile insurance if transporting the child;
- Have no civil, criminal, or juvenile restraining orders within the last 10 years;
- Have no current or past court order in which the provider is the person being supervised;
- 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;
- Agree to adhere to and enforce the court order regarding supervised visitation;
- Complete a Live Scan criminal background check, at the expense of the provider or the supervised visitation center or agency, before providing visitation services;
- Be registered as a TrustLine provider under chapter 3.35 (commencing with section 1596.60) of division 2 of the Health and Safety Code.
- Meet the training requirements as stated in "Standard 5.20 - Uniform standards of practice for providers of supervised visitation"; and
- Sign a Declaration of Supervised Visitation Provider (form FL-324(P)) stating that all requirements to be a professional provider have been met; and
- Sign a separate, updated form FL-324(P) each time the professional provider submits a report to the court.
Visitation Monitor Conflict of Interest Requirements
The visitation monitor 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 visitation monitor 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 visitation monitor 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.
As a professional supervised visitation monitor in the state of California, Denise meets or exceeds all the requirements listed above.