KANSAS ATTORNEY GENERAL Derek Schmidt Kansas Child Exchange and Visitation Center Guidelines Adopted April 1998 Revised 1999, 2009 120 SW 10th Ave., 2nd Floor • Topeka, KS 66612-1597 • (785) 291-3950 www.ksag.org Acknowledgements We graciously thank the following individuals for their contribution to the Kansas Child Exchange and Visitation Center Guidelines. This project would not have been possible without their dedication, knowledge, and expertise. Juliene Maska Dorthy Stucky Halley Office of the Kansas Governor Office of the Kansas Attorney General Topeka, Kansas Topeka, Kansas Sandy Barnett Mark Gleeson Kansas Coalition Against Sexual and Domestic Violence Kansas Office of Judicial Administration Topeka, Kansas Topeka, Kansas Michelle Meiwes Beth McKenzie President of the Kansas Network of Visitation Providers The Farm, Inc. Hope Unlimited, Inc. Lawrence, Kansas Iola, Kansas Hon. Jean Shepherd Hon. Daniel Love Douglas County District Court Chief Judge of the 16th Judicial District Lawrence, Kansas Dodge City, Kansas Angie Logan Kenny Massey Kansas Network of Visitation Providers Douglas County Sheriff's Office Lawrence, Kansas Lawrence, Kansas Deb Schneider Betsy Brigman Morin SOS Child Visitation Center Crisis Center of Dodge City Emporia, Kansas Dodge City, Kansas Connie Sanchez Ardith Smith-Woertz YMCA Safe Visit Attorney Topeka, Kansas Topeka, Kansas Serena Wecker Brekk Schoonover Kansas Coalition Against Sexual and Domestic Violence Meadowlark House Child Advocacy Center Topeka, KS Dodge City, Kansas Kathy Wood Sherry Dunn Kansas Coalition Against Sexual and Domestic Violence DoVES, Inc. Topeka, KS Atchison, Kansas Sharon Allemang Annie McKay SOS Child Visitation Center Lawrence, Kansas Emporia, Kansas Sue Lockett Rebecca Heatherman Stakeholder Lawrence, Kansas Topeka, Kansas Susan Guiot SA/DV CVEC Hutchinson, KS 1 Section 1 Introduction 1.1 Introduction Enabling legislation was passed in 1996 by the Kansas Legislature (K.S.A. § 75-720) to support and fund centers which provide services for parents when supervised visitation or exchange of a child is needed. The 2006 legislature added a percentage of district court docket fees to continue support of child exchange and visitation centers. These centers are to provide much needed services to children and families at risk because of circumstances relating to neglect, substance abuse, emotional, physical, or sexual abuse, domestic or family violence, and threat of abduction. K.S.A. § 75-720 states, “the attorney general shall provide for child exchange and visitation centers throughout the state for victims of domestic or family violence and their children to allow court-ordered child exchange or visitation in a manner that protects the safety of all family members.” The Office of the Kansas Attorney General has the legal authority to set forth guidelines and funding for child exchange and visitation providers as required by state statute. The Attorney General formed a task force in 1998 to develop Guidelines for child exchange and visitation centers (hereinafter referred to as supervised exchange and visitation centers). These Guidelines must be followed by providers receiving state funding administered by the Office of the Kansas Attorney General. Providers not receiving funding from this source are encouraged to use these Guidelines set forth by the state, as these have been established as tools for best practice. 1.2 Purpose of the Guidelines The purpose of the Guidelines is to assist in the development or implementation of procedures for providing supervised exchange and visitation of children. The Guidelines are intended to provide a general course of conduct without stifling the development of service models. The Guidelines are expressed in general terms with the intention that they will apply to supervised exchange and visitation services throughout the state. The Guidelines allow for innovations and may be revised by the Office of the Kansas Attorney General with consultation from other state and local stakeholders. 1.3 Purpose of Supervised exchange and visitation centers The primary purposes of supervised exchange and visitation centers are to promote the safety and welfare of the children, parents, and center staff during exchanges and visits, and to promote the safety of vulnerable parents at changeovers. 2 Section 2 Terminology 2.1 Authorized person refers to an individual(s) approved by the court or by agreement of the parents and/or provider to be present during services. 2.2 Child and Children refer to minors, age birth to 18 years. 2.3 Child Abuse is a threat to a child's health or welfare by physical, mental or emotional injury or impairment; sexual abuse or exploitation; deprivation of essential needs; or lack of protection for these by a person responsible for the child. 2.4 Child Neglect is any acts or omissions by a parent, guardian or person responsible for the care of a child resulting in harm to a child, or presenting a likelihood of harm. The acts or omissions are not due solely to the lack of financial means of the child's parents or other custodian. 2.5 Client refers to the persons involved in receiving child supervised exchange and visitation services. Clients may include the child, residential parent, and non-residential parent. 2.6 Critical incident is an event(s) that occurs which threatens the safety of clients or staff members of supervised exchange and visitation centers, or occurrences that require the intervention of a third party, or medical situations. 2.7 Domestic violence is a systematic pattern of physical, sexual, financial, or psychological abuse within an intimate or prior intimate relationship. The abuse may be directed at intimate partners or prior intimate partners, and may include violence toward children and/or pets. Rather than a series of independent acts or events, it is often part of a process by which the batterer maintains control and domination over the victim. 2.8 Exchange/visitation supervisor (or Observer) is an individual trained and authorized to observe the contact between the clients, to factually document such observations, and to facilitate, intervene and/or terminate the service if necessary. 2.9 Evaluative Report is a report that expresses professional opinions or assessments about the need for ongoing supervised exchange or visitation services, the appropriate frequency of the services, and whether contact is in the best interest of the child. Evaluation reports also may include a professional assessment of the causes of the child’s and/or parent’s behavior or the ramifications of certain occurrences for the child. 2.10 Facilitate means to encourage age-appropriate activities, promote the child’s safety and welfare, and discourage inappropriate conduct. Facilitate should not be construed to mean therapeutic intervention. 2.11 Facility under management of provider is a facility where the provider has the authority and responsibility to enable safe visits and exchanges in compliance with the Guidelines, regardless of whether the space is donated. 2.12 Group supervision refers to multiple-family supervision, where the supervision of parent/child 3 contact of multiple families is observed by one visit supervisor. 2.13 Intake is an interview with the residential parent, nonresidential parent and child (as appropriate) conducted independently prior to the beginning of services to provide information. 2.14 Manager (or Facilitator, Provider, Director) is the person hired to provide oversight of the supervised exchange and visitation center. 2.15 Monitored Exchange (or Supervised Exchange) is the supervision of the movement of a child from the residential parent to the non-residential parent at the start of the non-residential parent/child contact, and from the non-residential parent back to the residential parent at the end of the contact. 2.16 Monitored visitation is the intermediate supervision of the contact between a non-residential parent and child. 2.17 Neutrality, as used in the context of supervised exchange and visitation services, means maintaining an unbiased, objective, and balanced environment, and when providing services, not taking a position between the parents in providing services. Providing services in a neutral manner is intended to ensure respect for all individuals in their capacity as parents and to protect children who remain in contact with their parents. Being neutral does not mean providers disregard behaviors such as abuse or violence of any kind. 2.18 Non-Residential parent is the person who is authorized to have contact with the child. It is acknowledged that the non-residential parent may not be one of the child’s parents (refer to the definition of residential parent). 2.19 Offsite supervision consists of supervision of parent/child contact that occurs away from a facility that is under the management of the provider. 2.20 Program is a system of services offered by a provider. 2.21 Provider refers to a paid independent contractor, public or private not-for-profit organization, for- profit organization, or local or state governmental agency. 2.22 Residential parent is the person with whom the child primarily resides. For simplicity, the term residential parent has been used although it is acknowledged that the child may reside with a non- parent. Residential parent may refer to a biological parent, adoptive parent, legal guardian, state agency and its representatives who have temporary or permanent legal custody of a child, any other person with whom the child primarily resides, or any other person responsible for the child. 2.23 Risk Assessment is the review and analysis of historical information and observation of behavior for the purpose of deciding whether there is a match between the probability that a client will exhibit dangerous behavior and the capacity of a provider to manage that behavior. 2.24 Safety is the protection from danger or risk of physical, psychological, or emotional injury. 2.25 Satellite facility is a secondary location under the management of the provider in which supervised visitation or exchange services may occur. 4 2.26 Security refers to measures put in place to effect safety.