SUPERVISED VISITATION: A CALL FOR A SECOND GENERATION OF RESEARCH

With the divorce rate rising and related child visitation disputes becoming an increasingly difficult issue before the courts, supervised visitation programs have proliferated over the last decade. The literature demonstrates that ongoing contact between children and both parents following separation and/or divorce is important for children's socio‐emotional adjustment and positive child/parent relations. However, there is a paucity of literature demonstrating a relationship between supervised visitation programs and child/parent relationship outcomes. Based on the lack of outcome research the authors argue for a second generation of research regarding intended and unintended consequences of supervised visitation. This article reviews and synthesizes the current literature, highlighting strengths, limitations, significant findings and proposes a critical need for evidence‐based research.     

New York State of Mind: Parental Incarceration and Children's Visitation in New York State

The incarceration of a parent has a variety of negative effects on a child's psychological, academic, and developmental success. Children can end up in foster care as a result of the state terminating parental rights due to the parent's incarceration. Despite imprisonment of their parent(s), maintenance of visitation with the parent(s) is still important for their children. However, not all prisons have visitation programs that are suitable to visiting children. This Note proposes a model state statute that will recognize the importance of visitation, implement “child friendly” visitation programs, facilitate training for prison staff, and provide transportation for children in major cities to the prison facilities.     

Online Virtual Supervised Visitation During the COVID‐19 Pandemic: One State's Experience

This paper describes how supervised visitation programs in Florida rapidly transitioned from in‐person supervised visits to virtual, online visits during the COVID‐19 pandemic to protect the health of families and staff. Structured telephonic interviews and an online survey revealed that although most program directors had not previously developed guiding policies or hosted such visits, within weeks they were providing hundreds of online “virtual visits” between children and their non‐custodial parents to maintain the crucial parent–child relationship in a safe manner. Vignettes from this data provide lessons regarding parent and child reactions to virtual visits, advantages and disadvantages of virtual visits from the programs' perspectives, and levels of enthusiasm for using virtual visits going forward. In addition, the data includes recommendations for new program guidelines and protocols for the ongoing use of virtual visits. Although it is too early to call these policies best practices, the study does offer insight into the challenges and opportunities afforded by virtual visits and can inform disaster planning that supervised visitation programs develop to prepare for inevitable future disruptions in services to families.     

SUPERVISED VISITATION A Profile of Providers

Surveys with 94 administrators of supervised visitation programs, 51 family court judges, and 40 administrators of child protective services agencies provide a national picture of supervised visitation services, their utility, and areas of unmet need. Although the programs are perceived to fill an important need, they struggle to survive financially, particularly those that handle family court cases. In addition, because many programs operate without adequate access to the assessment and treatment services that some families need, judges frequently want visitation supervisors to assist them in determining suitable custody and visitation arrangements, a role that supervised visitation programs do not feel is appropriate. Many different types of entities provide effective supervised visitation services; many different service formats work. Architects of new programs should fashion services that use local resources to maximum advantage.     

A NEW LOOK AT AN OLD ISSUE:

In 1997, the Office of Child Support Enforcement initiated the State Child Access and Visitation (AV) Grant Program, which involves annual awards of $10 million to states to promote the development of programs to alleviate access problems. Telephone interviews with 970 parents who used mediation, parent education, and supervised visitation programs funded by AV grants in nine states revealed that the programs are reaching diverse groups of parents including many low-income, non-White, and unmarried parents who receive no other type of access assistance. The programs also appear to be achieving the major objectives posited for them by the federal government. One-third to one-half of noncustodial parents in every program type reported that parent–child contact increased following program participation, with supervised visitation users who typically had the lowest levels of parent–child contact reporting a significant increase in the number of days of contact. A review of child support records for 173 program users in three states revealed that child support payments increased among participants following program participation, especially for never-married parents who paid a significantly higher proportion of what they owed. These findings are similar to results reported in a five-state study of mediation programs funded by AV grants that was conducted by the Office of the Inspector General. However, both studies have some serious limitations, including low response rates and the absence of a nontreatment comparison group.     

RAISING THE BAR: WHY SUPERVISED VISITATION PROVIDERS SHOULD BE REQUIRED TO MEET STANDARDS FOR SERVICE PROVISION

The New York Society for the Prevention of Cruelty to Children (NYSPCC) has provided a supervised visitation program (SVP) for high‐risk families for almost two decades. Parents needing supervised visitation often have histories of domestic violence, child abuse and neglect, mental illness or substance abuse, therefore providers delivering services must be adequately trained and supervised in order to protect the child from further harm during the visitation process. This article describes the need for SVP's, parental issues warranting consideration, the special needs of children in these circumstances, policy recommendations for provider standards, and a certification process to be developed and adopted in New York State.     

“I WANT MY MOMMIES”: THE CRY FOR MINI‐DOMAS TO RECOGNIZE THE BEST INTERESTS OF THE CHILDREN OF SAME‐SEX COUPLES*

In child custody cases, courts will look to the best interests of a child to maintain visitation/custody rights only with the child's biological parent, not third parties. However, with a same‐sex couple, it is inevitable that one parent will not be the biological parent. Thus, when that parent is in a mini‐DOMA state, where same‐sex couples from non‐mini‐DOMA states do not have to be recognized, that parent will be viewed as a third party and lose all visitation/custody rights if the couple separates. This note advocates that mini‐DOMAs allow both the biological and nonbiological parents of a same‐sex couple to have visitation/custody rights of their children if it would be in the best interest of the children to do so.     

TRAUMATIZED CHILDREN IN SUPERVISED VISITATION

This article reviews the range of trauma experienced by many children in supervised visitation services and describes common themes in the development of their personalities from clinical and research findings. It then proposes a series of ways to structure supervised access services in order to help children feel psychologically safe in the relationship with the visited parent.     

Divorce, Custody, and Spousal Violence: A Random Sample of Circuit Court Docket Records

The fastest growing marital status category in America is divorced, with the number of divorced individuals quadrupling between 1970 and 1996. The majority of children in divorced families live with a single parent and often lose contact with the noncustodial parent. A recent review of the literature suggests that many noncustodial fathers fail to keep contact with their children and become delinquent in child support payments because of their dissatisfaction with the custody arrangement. However, there has been little examination of how custody arrangements are typically determined or settled. In addition, divorces that involve spousal violence bring further complications to child custody, visitation, and child support decisions. This study included a 20% random sample of court records for all divorces settled in one county judicial circuit court during 1998. The purpose of this study was to examine characteristics of divorcing adults as well as characteristics of child custody arrangements, visitation, and child support decisions. Contrary to popular belief, findings from this study indicate that divorce actions were almost always settled through agreement of the divorcing parties rather than by adjudication. About 38% of the couples had children in common and between 78 and 92% of cases were settled through agreement, which suggests that fathers are in fact agreeing to the custody arrangement, rather than being forced into it. About one in five records overall noted spousal violence, and there was no significant difference in settlement methods for couples with or without spousal violence. Cases with children and spousal violence were significantly more likely to have also mentioned substance use and postdecree activity. This study suggests a need for more focused attention on divorce cases with spousal violence to reduce postdecree court involvement and safety of children and adult victims, as well as further study into what causes noncustodial parents to lose contact with their children.     

A MODEL FOR A SUPERVISED VISITATION PROGRAM

This article describes the Supervised Visitation Project run by the Victim Assistance Program of Akron, Ohio, a project that enables children to meet safely on a regular basis with their otherwise inaccessible noncustodial parents. This article establishes a need for supervised visitation, offers a structure for such a program, profiles clientele and staff, explains the available services–visitation, evaluation, mediation, and therapy/support–and presents conclusions based on the experience of the Akron program and the comparison and contrast of three other existing programs.     

AN EXPLORATORY STUDY OF SUPERVISED ACCESS AND CUSTODY EXCHANGE SERVICES

The detrimental effect of parental conflict in protracted child custody and visitation disputes is well established in the literature. However, little is known about the impact of parental conflict on children when visitation takes place in a protected setting. Part of a larger study that examined the broader issues related to parental and child involvement in a supervised access and custody exchange service, this article specifically explores the influence of parental participation on child well-being. This exploratory effort reveals that children's level of adjustment remained stable over 6 months of participation while visitation returned to court-ordered levels and interparental contact was precluded by staff intervention.     

Pat‐Downs But No Hugs: Why Prison Visitation Protocol Should be Changed to Help Keep Familial Structures Intact

In the United States there are almost three million children who have one or both parents incarcerated. Parental incarceration negatively impacts children in several ways. Visitation protocol varies across facilities nationwide with no modification in protocol for minors. Parental rights are disrupted by visitation protocol because of cost‐prohibitive access and extreme security measures. This Note proposes a model statute that would change visitation protocol to facilitate a clear‐cut set of visitation processes that are tailored to ensure prison safety while also fostering and maintaining a positive relationship between a minor child and his/her incarcerated parent.     

AN EXPLORATORY STUDY OF SUPERVISED ACCESS AND CUSTODY EXCHANGE SERVICES

An exploratory outcome study to investigate the ability of a supervised access and custody exchange center to function as a safe visitation enforcement mechanism of the court was accomplished as part of a larger study investigating child well-being. During a 6-month period of program participation, frequency and consistency of noncustodial parents' access to children dramatically increased and interparental conflict significantly decreased, demonstrating that supervised visitation and custody exchange centers that function in partnership with family court during interim court processes can address the unmet needs of family court and high-conflict domestic disputant as well.     

Fathers and sons: some effects of prolonged custody litigation

In all jurisdictions, for a variety of reasons, child custody and visitation issues may be reopened at any time. The children at issue, already likely to have been traumatized by problems in the parental marriage and subsequent separation and divorce, are affected further by still more litigation. The cases of three preadolescent boys who are the subjects of such prolonged litigation are presented. In each, the boys resided with their mothers as the primary custodial parents, the fathers having generally liberal rights of visitation. Regardless of which parent raised further court-related issues after the original agreements, the father-son relationship was most severely affected by continuing legal actions and related parental actions. Each child became increasingly fearful of the next anticipated visit by the father, who was cast into the role of villain by the child. Efforts to improve these damaged relationships through joint parent-child therapeutic attempts were largely of little avail. In spite of what may have been good experience with the person of the judge who dealt with earlier litigation, the children became fearful of what the next might be like or might do, viewing the judge as the person in power to whom parents and attorneys alike deferred. It is suggested that, wherever possible, prolonged litigation be avoided in the best interests of the child and of preserving necessary child-parent relationships.     

SUPERVISED VISITATION

Reviews of case files for 676 families who received supervised visitation services at one of four programs and interviews with 201 participating parents provide a portrait of the families receiving services, their experiences, and the outcomes. Programs successfully serve a wide variety of families and garner high ratings of user satisfaction, but half of the families exit without formal closure. Families that drop out receive fewer court hearings and evaluations for the problems that brought them into the programs in the first place, suggesting that they may feel neglected. In most cases that formally exit the program, the visitation situation improves over time, although interviewed parents give mixed reports about their visitation situations after they leave the programs.     

STATEWIDE SPECIAL EDUCATION SURROGATE PARENT PROGRAMS: ENSURING QUALITY ADVOCACY TO ALL FOSTER CHILDREN WITH SPECIAL EDUCATION NEEDS

The Individuals with Disabilities Education Improvement Act (IDEIA) protects foster children's rights to have a special education decision maker. For foster children who do not have a natural or adoptive parent or a responsible adult in their life to take on this role, IDEIA requires that a special education surrogate parent be appointed by appropriate procedures. Under IDEIA, these procedures are delegated to the states. Each state must ensure that local education agencies (LEAs) delineate methods for recruiting and maintaining a pool of available special education surrogate parents. Due to differing state laws and LEA procedures, there are many discrepancies in the quality and availability of special education surrogate parents. To combat these problems, this Note proposes principles for administrative regulations establishing statewide special education surrogate parent programs by examining existing statewide programs. Administered through a state's Department of Education in collaboration with child welfare agencies, statewide special education surrogate parent programs guarantee well‐qualified decision makers who will advocate for all children eligible for special education services.     

MANDATORY VISITATION

The term visitation rights connotes that noncutodial parents have the discretion, not the responsibility, to visit their children. This article examines the assertion that visitation rights should instead be viewed as an obligation owed by noncustodial parents to their children. Excluding circumstances in which visitation would be injurious to a child, the expectation of visitation should be enforced by the courts.     

VISITATION AND CHILD SUPPORT GUIDELINES

Fabricius and Braver argue that nonresident fathers incur appreciable visitation expenses and that their child support obligations should be reduced accordingly. To assess whether fathers incur "appreciable" expenses requires data from mothers and fathers on expenditures in dollar terms rather than data from college students on items kept in the nonresident father's house. The Fabricius and Braver data also overstate the degree to which all divorced fathers do anything for their children. Representative data indicate that father visitation declines substantially over time. Father's postdivorce, post–child support standard of living remains twice that of mothers and children. The cliff model—making adjustments for visitation only in the rare cases of very high shared physical custody—is sensible policy.     

STRICTLY LIABLE: GOVERNMENTAL USE OF THE PARENT–CHILD RELATIONSHIP AS A BASIS FOR HOLDING VICTIMS LIABLE FOR THEIR CHILD'S WITNESS TO DOMESTIC VIOLENCE

Studies estimate that between three and ten million children in the United States witness domestic violence annually. Although studies have demonstrated a co‐occurrence of domestic violence and child abuse, there is no concrete evidence to support the assumption that a child's exposure to domestic violence increases the risk to the child of abuse or neglect. Recently the New York State Court of Appeals determined that a child's witness to abuse does not suffice, in and of itself, to show that removal of the child is necessary or that removal is in the “best interests” of the child. Programs which have developed alternatives to presumptive removal understand the importance of viewing the interests of the battered parent and children as being in accord with each other rather than in opposition. Private and government sponsored programs have demonstrated some success in protecting the parent‐child relationship, ensuring the safety of both parent and child, and increasing accountability of batterers while reducing the necessity for removals. Alternative programs are less costly to the state than foster care, and emotionally less costly to the families.     

Practice tips for managing challenges in parenting capacity assessments in child protection court

Courts frequently rely on parenting capacity assessments to make decisions about visitation and case progress in child protection court. Although these evaluations can provide valuable information to courts, they often involve assessing areas of human behavior that are not clearly defined in the literature. For example, mental health professionals are often tasked with identifying risk and protective factors for child maltreatment while identifying factors that can impede progress towards reunification. Although some of these factors may be easy to identify and assess (e.g., symptoms of mental illness or substance abuse), others may be more challenging. For example, factors such as denial and minimization about risk factors and maltreatment, a parent(s)’ ability to protect their child(ren) from future incidents of maltreatment, the parent(s)’ potential for change, and the consideration of what is in the best interest of the child are hard to assess. This article will provide a summary of the research in these areas, provide tips for managing these areas, and highlight directions for future investigation that will help inform parenting capacity assessments in child protection court.