ADVISORY COMMITTEE ON ACCESS AND VISITATION MINUTES OF THE MEETING July 1, 1998

ADVISORY COMMITTEE ON ACCESS AND VISITATION
MINUTES OF THE MEETING
July 1, 1998

The sixth meeting of the Advisory Committee on Access and Visitation convened on Wednesday, July 1,1998, after the Visitation Conference was held at the Quality Inn, Gulf Shores, AL. The meeting began at approximately 3:30 p.m.

In addition to Chairman Herschel Hamner, the following members were present:

The Honorable Lyn Stuart, Circuit Judge, 28th Judicial Circuit
The Honorable Mark Anderson, Circuit Judge, 15th Judicial Circuit
The Honorable Warren Laird, District Judge, Walker County
Agnes Wormly, Referee, Jefferson County
Dan Cobb, Juvenile Probation Officer, Winston County
Kaye Barbaree, Dothan
Gordon F. Bailey, Jr., Esq., President, Family Law Section, Alabama State Bar
Renate Dauser, Office of Child Support Enforcement, DHR.
Tim Smith, Esq.
Karen Sellers

AOC Staff attending included: Rich Hobson, Bob Maddox and Peg Walker.

1998 Grant Application: Peg Walker briefed the committee on the 1998 funding programs. The Office of Child Support Enforcement held a briefing on May 26, 1998, in Washington concerning the Access/Visitation program. At that meeting, notice was given of the 1998 finding levels and it was announced that applicants would be required to provide a 10 percent match, which could be cash or in-kind. In addition, it was announced that states could request an extension time to close out 1997 activities - provided all funds were committed in accordance with state laws by September 12, 1998. The deadline for the 1998 application was announced as June 26, 1998.

At the last meeting of the committee, a subcommittee was appointed to discuss priorities for the 1998 program. The subcommittee, chaired by Judge Warren Laird, recommended that the state encourage the establishment of comprehensive mediation and parenting education programs. The 1998 application submitted by the Administrative Office of Courts calls for the creation of a Both Parents program. Under this program, jurisdictions that wished to participate would be asked to establish a local advisory committee to identify the needs of that community relative to improving the involvement of both parents in the lives of their children and particularly to enhance non-custodial parents' access to and visitation of their children. It is anticipated that these programs will include mediation and parenting education components.

Judge Laird, speaking as chairman of the subcommittee, stated that he looked over the grant application and that it complied with the recommendations of the subcommittee. Judge Laird made a motion that the grant application, as submitted, be approved. The motion was approved. Peg Walker stated that the application had been sent to the federal Office of Child Support Enforcement and that we would hear something in a short period of time.

Obligation of Uncommitted 1997 Funds. Peg Walker stated that the committee needed to discuss ways to obligate any balance in current year funding - all monies related to the grant must be committed by 9/12/98. Peg said that "committed" can mean obligated or under contract, e.g., even the work contracted for is carried out after 9/12/98. States can ask for an extension of 3-6 months to disburse the committed monies. Peg Walker asked the members for recommendations on how to allocate any uncommitted monies.

Karen Sellers mentioned that Wayne Turner requested administrative help with the Montgomery County mediation program, but Rich Hobson pointed out that the program which needs assistance is one funded through the Alabama Center for Dispute Resolution, not this grant.

Judge Laird raised the possibility of contracting with an independent person to speed up the initiation of the Both Parents program.

Peg Walker noted that the state's original application provided for the development of informational materials on custody and visitation. The committee discussed the possibility of contracting with the Family Law Section of the Alabama State Bar to help develop these materials, including brochures and audio-visual materials. Gordon Bailey thought it was possible to do this and he would talk with a person at the Bar concerning this matter.

If a videotape were made, Gordon Bailey noted that this would be a beneficial way to use time while litigants were waiting in the courthouse. However, Mr. Bailey pointed out that separate videos should be made for divorce and non-divorce cases. Mr. Bailey and Judge Stuart suggested that the videos contain basic court procedures, including what to expect and where to pay when ordered to pay support or other monies. Information concerning the income withholding process and the New Hire Registry should be also included.

Agnes Wormly noted that the videos should stress the importance of continuing to be parents. Tim Smith echoed these comments stating that the video can go from general matters relating to divorce to more specific information.

Mr. Bailey said that judges would need to be encouraged to use these materials in their courts and waiting areas. Each courthouse should be equipped with a TV and VCR. Judge Stuart suggested that if equipment was not available, the DA's offices should be encouraged to use their funds to purchase the equipment.

Judge Hamner moved that we consider contracting with the Family Law Section of the Bar to help develop informational materials on custody and visitation. The motion carried. Tim Smith stated that he would consult with the Bar as to what types of brochures and videos could be made, what the costs attached to these are, and whether they could get it under a firm contract.

Peg Walker will work with Al Frazier, federal fund accountant at the Administrative Office of Courts, to determine the amount of uncommitted funds and develop a proposal for development of the educational materials.

Access/Visitation Programs Eligible for IV-D Funding: Peg Walker advised the committee that David Ross, commissioner of the Office of Child Support Enforcement, has received an interpretation from the Department of Health and Human Services to the effect that access/visitation programs could be eligible for a "waiver" to allow funding under the federal participation program in Title IV-D (66 percent federal match).

Reports from Subcommittees:

Education and Training of Guardians ad Litem in Custody/Visitation (Smith, Anderson)

(a) Proposed Rule of Judicial Administration: During the panel discussion segment of the Visitation Conference on July 1st Gordon Bailey mentioned that the proposed rule of judicial administration concerning standards for guardians ad litem was forwarded to the Supreme Court Clerk's Office on April 28, 1998, to be placed on the next agenda for the Standing Committee on Alabama Rules of Judicial Administration. Alex Jackson of the Clerk's Office stated that a meeting time has not been scheduled yet.

(b) Future CLE Training Opportunities: Judge John Davis discussed the guardian ad litem training sessions for August 12 (tele-conference) and the fall during the June 30th segment dealing with timely processing of dependency cases and the Court Improvement Project.
Parent Education Programs in Domestic Relations Cases (Bailey and Suttle):

During the panel discussion on July 1st Gordon Bailey mentioned that a proposed rule of judicial administration concerning parenting classes was sent to the Supreme Court Clerk's Office on April 28,1998. A meeting has not been scheduled yet.

Letter from Fathers Rights Representative: The committee received written comments from Mr. Arthur Ignatiadis, of Seattle, Washington. While Mr. Ignatiadis is a member of the Alabama Fathers Rights Association (AFRA), he indicated that the comments and research contained in his letter were his and not the associations'. Also, Mr. Ignatiadis made a number of recommendations for the committee to consider. Judge Laird made a motion that the minutes reflect that Mr. Ignatiadis' letter was received and reviewed by the committee. The chairman will write Mr. Ignatiadis and thank him for his interest and suggestions.

Other Items of Discussion

Judge Anderson suggested that a statewide rule be drafted to empower a judge to require counseling in divorce cases where the grounds are incompatibility and/or irreconcilable
differences. A question arose as to who would be the "counselor?" Licensed by the State of Alabama? A counselor by the parties' consent? The committee agreed that this suggestion should be explored. Judge Hamner said that he would discuss this with Bob McCurley of the Alabama Law Institute.

Karen Sellers mentioned that it would be beneficial to know how parenting education classes are working in other States. Mr. Bailey wondered if the committee could obtain feedback from the Feds concerning what other States have done.

Mr. Bailey also suggested that a pilot training program be developed for use in general jurisdiction courts that handle several types of cases, including family law matters. He said that this training could be coordinated with the Family Law Section of the Bar. Mr. Bailey also recommended that Alabama establish a family court in each county. Rich Hobson pointed out that this issue is currently being studied as a subcommittee of the Judicial Study Commission.

Regarding training for judges, Judge Anderson mentioned that updates at upcoming conferences are needed, and Judge Stuart suggested that a family law bench book be developed with different topics for easy access.

Next Meeting: Because of the short time frame within which the committee has to decide how to commit unallocated current year monies, the committee asked the AOC, as soon as possible, to conduct a tele conference or a mail-out with all the suggestions for funding. Then, the members can respond by mail or telephone (or fax). A firm date for the next meeting was not scheduled at this time.

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