COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 24
(By Senators Hunter, Minear, Redd, Kessler, Mitchell and Rowe)
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[Originating in the Committee on the Judiciary;
reported March 22, 2001.]
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A BILL to amend chapter forty-eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-eight,
relating to establishing centers to monitor visitation and to
facilitate exchanges of children between parents for
visitations; defining terms; providing exclusions; requiring
promulgation of rules; setting standards for center;
permitting representations upon certification; prohibiting
false representation of certification and providing penalties;
and allowing courts to order use of centers and to require
payment of fees.
Be it enacted by the Legislature of West Virginia:
That chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twenty-eight, to read as
follows:
ARTICLE 28. CHILDREN'S MONITORED VISITATION AND EXCHANGE CENTERS.
§48-28-101. Legislative findings
.
The Legislature finds the increasing numbers of children are
living with one parent and that many of these children have been
exposed to violence in the home. The Legislature further finds
that it is sometimes in the best interests of children that the
exercise of visitation rights be monitored in order to observe and
record the visitation process and to discourage or prevent
inappropriate conduct. For these reasons, the Legislature declares
that a program be implemented to foster safe and neutral centers to
monitor visitation and the exchange of children through the
certification of monitored visitation and exchange centers.
§48-28-102. Board defined.
For the purposes of this article, "board" means the family
protection services board created pursuant to article twenty-six of
this chapter.
§48-28-103. Exclusions.
The provisions of this article do not apply to therapeutic
visitation exchanges or any activity conducted by the state or
others in abuse and neglect proceedings pursuant to articles six
and six-a, chapter forty-nine of this code in which assessment, evaluation, formulation of a treatment plan, case management,
counseling, therapy or similar activities occur.
§48-28-104. Rules.
(a) The board shall propose rules in accordance with the
provisions of article three, chapter twenty-nine-a of this code to
implement the provisions of this article. The board shall consult
with judges, magistrates, family court judges, law-enforcement
officers, licensed batterers intervention programs, the family law
committee of the West Virginia state bar, licensed domestic
violence programs, trade organizations of licensed domestic
violence programs and other individuals and organizations it deems
advisable.
(b) At a minimum, the rules shall include:
(1) Requirements for the physical facilities in which centers
operate;
(2) Requirements for the qualification and training of
individuals monitoring visitation or exchange of children;
(3) Requirements for qualifications and training of persons
authorized to evaluate centers for compliance with the requirements
of this article and rules promulgated thereunder;
(4) The period of certification; and
(5) Allowable fees for use of the centers.
§48-28-105. Contract by persons using center.
Every center shall require that the parents or other
caretakers sign a written contract prior to using the center and
that the use of the services provided by the center can be
terminated by the center for violation of the contract.
§48-28-106. Certification of children's visitation monitoring and
exchange centers; revocation or suspension of certification.
(a) The board shall cause an evaluation to be made of a center
that has applied for certification to determine the center's
ability to monitor children's visitation or the exchange of
children and the center's compliance with the provisions of this
article, rules promulgated pursuant to this article and other law.
The evaluation may be done by the appointed members of the board,
the department, by designees of the board or by peer evaluation by
persons at other certified centers.
(b) The board may suspend or revoke certification of a center
if the board finds that the center has ceased to comply with the
provisions of this article, rules promulgated pursuant to this
article or other law.
§48-28-107. Representations regarding certification;
misrepresentations; penalties.
(a) Centers that have been certified may represent that they
are certified for monitored visitation or monitored exchange of
children.
(b) No person may represent to the public that a center is
certified unless the center has been certified in accordance with
the provisions of this article. Any person violating the
provisions of this subsection is guilty of a misdemeanor and, upon
conviction, shall be fined no more than five hundred dollars.
§48-28-108. Court orders; use of centers without court order.
(a) Circuit judges, family court judges and magistrates may,
as a condition of visitation or the exchange of children, order
persons to apply to a certified center for monitored visitation
services or monitored exchange of children services and to comply
with the terms and conditions of those services.
(b) Circuit judges, family court judges and magistrates may
require a person to pay a reasonable amount based on ability to
pay, fault and other relevant criteria for any fee charged by a
center.
(c) Certified centers may offer monitored visitation services
or monitored exchange of children services to persons who are not
ordered to seek the services of the center when the adult parties
to the visitation or exchange agree to the use of the center.
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(NOTE: The bill provides for the certification of qualified
centers for monitoring children's visitation and for monitoring the
exchange of children for the exercise of visitation or shared or
joint custody rights. To be certified, centers would have to meet
requirements for physical facilities, staffing, training etc.
This article is new; therefore, strike-throughs and
underscoring have been omitted.)