A COMPELLING NEED FOR MANDATED USE OF SUPERVISED VISITATION PROGRAMS

Courts are frequently confronted by circumstances that do not justify termination of all contact with a parent, yet present legitimate concerns regarding the physical, emotional, or mental health of the child. Supervised visitation programs afford such parents and their children the opportunity to preserve the emotionally vital parent-child relationship while protecting the child, and sometimes the other parent, from harm. As the number of children deemed to be at risk continues to rise, demand for supervised visitation services steadily exceeds supply. This article proposes that all states should make supervised visitation programs universally available by enacting legislation that provides for their creation, regulation, and funding, together with clearly defined guidelines that mandate participation in supervised visitation programs whenever specific risk factors are present.     

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.     

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.     

LESSONS LEARNED FROM A CHILD PROTECTION MEDIATION PROGRAM: If At First You Succeed and Then You Don't…

This article discusses the U.A.L.R. child protection mediation program as well as several other child protection mediation programs in order to examine what makes a program a continuing success. Child protection mediation programs have gone through a period of tremendous progress and growth over the past 20 years in the United States and Canada. Numerous studies have shown that child protection mediation helps families and courts by lowering the amount of time that children spend in foster care and the amount of costs for courts and agencies. Child protection mediation is an essential tool for juvenile courts and the families that have cases there. This article addresses the development of child protection mediation programs, their importance to juvenile courts, and some reasons that these programs succeed or fail. Although many of these programs have early accomplishments, they have not always been able to maintain their growth or to continue to exist. The U.A.L.R. Mediation Project has not sustained its early levels of cases or referrals from court for numerous reasons. Using the techniques of other thriving programs, we will attempt to restart and re-energize the program. It has been established that the people who have a role in the establishment of a program, the funding sources and especially the commitment of the parties to the program all have a significant long-term impact. This article points out how programs should begin and proceed if they are to be a long-term success.     

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.     

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.     

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.     

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

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.     

PARENT EDUCATION IN THE DOMESTIC RELATIONS COURT

This multisite assessment of five, court-affiliated parent education programs incorporates information from 3,000 exit surveys by attendees, 602 telephone interviews with willing parents six months later, comparisons with 145 divorcing parents who did not attend a program, and reviews of court activity. Parents report high levels of satisfaction with the programs and credit them with helping to sensitize them to their children's needs and making visitation more successful and enjoyable. Although attendees report better compliance with divorce decrees, comparable proportions of parents in treatment and comparison groups report conflict over child custody and access, and a review of court files shows identical litigation patterns for both groups over a four-year period of time .     

An evaluation of Montana's child welfare court pre-hearing conference pilot project

Pre-hearing conferences are a form of alternative dispute resolution that have been implemented into the child welfare court process. Montana recently piloted a pre-hearing conference model to occur before the first hearing on the case. The goal of the pilot was to increase discussion and resolution of contested visitation, placement, and service issues and to better engage parents in the process. Data were collected across multiple years to explore the effectiveness of the pilot in improving outcomes for children and families. Analysis of the data revealed a positive relationship between program implementation and timelier permanency. Parents who attend and have higher levels of participation in the pre-hearing conference are also more likely to reunify.     

TURNING OFFENDERS INTO RESPONSIBLE PARENTS AND CHILD SUPPORT PAYERS*

This article describes four demonstration projects that strive to promote responsible behavior with respect to parenting, child support payment, and employment among incarcerated and paroled parents with child support obligations. These projects, conducted in Colorado, Illinois, Massachusetts, and Texas, with support from the federal Office of Child Support Enforcement and evaluated by the Center for Policy Research, led to a number of common outcomes and lessons. The projects revealed that inmates want help with child support, parenting, and employment and that prisons can be effective settings in which to conduct such interventions. Family reintegration programs were popular with inmates and may have helped to avoid the rupture of parent–child relationships commonly associated with incarceration. Although employment is the key to child support payment following release, rates of postrelease employment and earnings at all project sites were low and the employment programs were of limited utility in helping released offenders find jobs. Agencies dealing with child support, employment, and criminal justice need to adopt more effective policies with incarcerated parents including transitional job programs that guarantee immediate, subsidized employment upon release, child support guidelines that adjust for low earnings, and better training and education opportunities during incarceration.     

CHILD PROTECTION MEDIATION: THE COOK COUNTY ILLINOIS EXPERIENCE—A JUDGE'S PERSPECTIVE

The Child Protection Mediation Program in Cook County, Illinois is the result of a collaborative effort on the part of the court, its stakeholders, and the attorneys involved in child protection cases. Child protection mediation empowers families and includes parents in many decisions impacting their children. It also helps judges to move children's cases through the legal system more rapidly and in a more efficient and humane manner. This results in children achieving more timely permanency. The program is sustained in part due to frequent outreach to, and input from, the program's consumers. These help to ensure that the program is meeting the diverse needs of the court, the families, and the professionals involved in the cases.     

A GUIDE TO EFFECTIVE CHILD PROTECTION MEDIATION: LESSONS FROM 25 YEARS OF PRACTICE

What are the essential elements of a successful child protection mediation program? What outcomes are we seeking? How do we define success? How do these inform or direct program development so that it supports these outcomes? How do we know if it is working? And, how do we start out on the right foot? We are in the enviable position now, after 25 or so years, to benefit from lessons learned from the experiences of many programs. This article provides a 25‐year perspective on key elements that have contributed to the success of child protection mediation programs.     

The need for child maltreatment research and program evaluation

The knowledge base supporting child abuse treatment and prevention rests upon clinical experience and applied research. An analysis of program funding in the United States indicates that unevaluated clinical programs are funded rather than research or program evaluation projects. Grant funding patterns for the National Center on Child Abuse and Neglect were analyzed for 4 years. Overall, 66% of projects had no research or evaluation component. Without such programs, we cannot determine the effectiveness of treatment and prevention efforts that, while well intended, may have no effects on the participating parents and children, or, worse still, may have unintended negative consequences. Quality programs must be based on the maintenance of a balance between research and clinical efforts with evaluation being an important component of the latter.Portions of this paper were presented at the Seventh International Congress on Child Abuse and Neglect, Rio de Janeiro, Brazil, 27 September, 1988.     

How the Framework of Implementation Science Guided an Evidence‐Based Dependency Parenting Program Initiative in Florida

In Florida, like most states, many of the parenting programs that are being utilized with families in the dependency system are non‐evidence based, and fail to provide quantifiable data on parent progress during and after completion of the programs. Providing pertinent information in court on parents’ progress in a parenting program, as opposed to simply monitoring attendance, is a growing need voiced by dependency judges and child welfare case management professionals. Clear, reliable information related to parenting skills acquisition and insight can help to ensure that families involved in the child welfare system have access to quality services that improve outcomes for their children. The purpose of this paper is to detail how a statewide initiative to increase the number of Florida circuits providing evidence‐based parenting programs to their clients utilized implementation science to guide their process, and the degree to which the participating circuits achieved full implementation of evidence‐based parenting programs.     

INTERNATIONAL PARENTAL CHILD ABDUCTION: WHY WE NEED TO EXPAND CUSTODY RIGHTS PROTECTED UNDER THE CHILD ABDUCTION CONVENTION

The Child Abduction Convention, an international treaty, protects custody rights internationally among its member states by providing a remedy of return in cases where a child was wrongfully removed in violation of a parent's custody right. There is no such remedy for the violation of a parent's access (or visitation) rights. A ne exeat clause in a child custody agreement restrains a custodial parent from removing a child from a predetermined jurisdiction (such as a particular country) and can be issued when there is a risk that the custodial parent might flee to another country with the child(ren). Currently there is a circuit split within the United States as to whether a ne exeat right coupled with the right of access should equal a protected custody right under the Convention. Most international courts protect the ne exeat right under the Convention; however some do not. A ne exeat right should convey a protected custody right for policy reasons. The beneficial implications of a ne exeat right creating a protected custody right under the Child Abduction Convention clearly outweigh the detriments. While there is no instant solution to the inconsistencies among various courts in interpreting the Child Abduction Conventions’ scope in regard to a ne exeat right, there are ways to resolve the problem. If consistency in judicial interpretation cannot be achieved, a movement needs to be initiated to create a protocol to the Child Abduction Convention to further explain the scope of custody rights and ne exeat rights under the Convention.     

INTERPARENTAL CONFLICT AS A RISK FACTOR FOR CHILD MALADJUSTMENT: Implications for the Development of Prevention Programs

This article reviews research on the effects of interparental conflict on children and examines its implications for divorce education programs designed to reduce conflict after divorce. Basic research indicates that prevention programs for parents will be most effective in fostering children's adaptation to divorce if they can reduce the level of destructive conflict that children are exposed to, foster good parent–child relationships, and keep children from being caught in the middle of parental tensions and disagreements. Programs for children are likely to be most helpful if they help children learn ways to cope with situations in which they feel pressured to side with one parent against the other and avoid feeling responsible for parental problems. Although psycho-educational programs are widely available and often court-mandated, evaluation studies are rare and support for their efficacy is mixed.     

A MODEL FOR TELEPHONE MEDIATION

A unique mediation service using the telephone to help parents resolve conflicts over visitation ("access") is described. The program presented special advantages of low cost and high responsiveness to parents and their children and was designed to particularly benefit families that lacked the mobility or financial resources to participate in traditional face-to-face mediation. Because the service featured highly educated and experienced mediators and a child-focused, principle-based mediation approach, family members received reframing, refocusing, informative, and empathic assistance in understanding and dealing with their parenting disputes. Some 700 families and nearly 900 mediation cases were handled during the service's 19 months of operation, and some features of the families and the cases are described. Recommendations and directions for future research are included.     

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.