ADVISORY COMMITTEE ON ACCESS AND VISITATION

MINUTES OF THE MEETING

January 21, 1999

A meeting of the Advisory Committee on Access and Visitation convened on Thursday, January 21, 1999, at the Embassy Suites Hotel in Montgomery. The meeting began at approximately 10:40 a.m.

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

Aubrey Ford, District Judge, Macon County
Mike Criswell, Esq., Circuit Clerk, Blount County
Kaye Barbaree
Gordon F. Bailey, Jr., Esq.
Earnestine S. Sapp, Esq.
Tim Smith, Esq.
Renate Dauser, Office of Child Support Enforcement, DHR
Ruth A. Stock, Assistant Attorney General, DHR, Mobile
Dan Cobb
Ron Price

Guests included: The Honorable Charlie Fleming, District Judge, Geneva County
Mr. James Blackston, Jefferson County Chapter of the National Congress for Fathers and Children

AOC Staff attending included: Al Frazier, Scott Hoyem, Bob Maddox and Peg Walker.

Approval of Minutes of October 23, 1998, Meeting: The members present were asked to review the minutes of the October 23, 1998, meeting and to propose any additions or corrections. The Committee approved the minutes without any additions or deletions.

Requests for Proposals: On November 6, 1998, a memorandum was sent to all juvenile court judges, inviting them to submit proposals of programs that would improve non-custodial parents' access to and visitation with their children. Scott Hoyem discussed the proposals received:

(1) Madison County - Wishes to establish a supervised visitation program in the Family Services Center currently in place. The Committee was impressed at how the community has come together in support of this project. The Committee did, however, express concern about the reference in the proposal regarding family preservation services; the Committee emphasized that persons in Madison County be advised that this grant money should not be used for such services, especially since Madison County is currently receiving funding for a pilot project from the Family Preservation Court Improvement grant.

(2) Coffee County - The Committee noted that it was unclear as to what specific programs Coffee County wished to implement and asked Scott Hoyem to call personnel in that county to obtain more information about their proposed program. If Coffee County proposes to start parenting education programs, the Committee agrees that the Committee would work with them in establishing a self-supporting program and let them decide whether the parenting classes would be voluntary or mandatory. The Committee reiterated that in some circuits, mandatory education programs are thriving, even without assistance in funding. The Committee generally agreed that funding for education programs should be targeted for indigent parents and not all attendees.

(3) Mobile County - Wishes to expand the use of Court Appointed Special Advocates (CASA) in domestic relations cases. The Committee recommended that Judge Rosemary Chambers be contacted concerning exactly what role the CASA's would play in these cases. Also, this program may possibly be funded through the current Judicial Volunteer Program in place at AOC, and Scott Hoyem was requested to coordinate with Dr. Rich Hobson, AOC Volunteer Program Coordinator, for further action.

(4) Jefferson County - Wishes to expand joint effort to help children. It was unclear as to what Jefferson County wished to accomplish in this program. The Committee asked Scott Hoyem to contact persons in Jefferson County for more details concerning their proposal and report back to the Committee.

(5) Baldwin County - Wishes to start a "Children's Cope with Divorce" program. As stated previously, the Committee will work with counties in establishing a parenting education program and then let them decide whether the parenting classes would be voluntary or mandatory.

(6) Lowndes County - Wishes to use Both Parents Funding to implement mediation and education programs. Both concepts, the Committee felt, were feasible and, along with the Madison County proposal, was deemed a high priority for immediate implementation.

Judge Hamner also recognized that a proposal for grant funding was also received from Mr. Blackston of the National Congress for Fathers and Children. Judge Hamner asked Mr. Blackston if he would like to address the Committee. Mr. Blackston noted that his organization assists non-custodial parents in a 100-mile radius of Birmingham. Mr. Blackston had given Chairman Hamner a letter dated January 15, 1999, requesting some funding for their organization. The Committee asked Mr. Blackston what problems he noted with non-custodial parents. First, Mr. Blackston responded by saying that non-custodial parents feel like attorneys, judges, and DHR are adversaries and will not help them in any way. Another problem is that indigent persons cannot obtain effective legal representation at little or no cost. Sometimes, the organization provides materials on child support guidelines and other pertinent information.

The Committee asked Mr. Blackston to send a copy of these materials for their review. The Committee further requested that, prior to convening the next Access/Visitation Committee meeting, AOC disseminate Mr. Blackston's proposal, as well as the Chapter's instructional materials, so that the Committee may further examine Mr. Blackston's request at that meeting.

Reports from Subcommittees

Due to the limited nature of this particular meeting (review of requests for proposals), only one subcommittee report was made by Bob Maddox, as follows:

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

(a) Proposed Rule of Judicial Administration: Bob Maddox stated that the proposed rule of judicial administration concerning standards for guardians ad litem is still pending and awaits action by the Standing Committee on ARJA. Bob said that he met with Keith Norman, Esq., Executive Director of the Alabama State Bar, and Ed Patterson, Esq., Director of Programs of the Alabama State Bar on November 20, 1998, concerning the State Bars compilation of the guardian ad litem list. It was agreed that the State Bar continue to keep records of seminars attorneys attend and to send a 99list" of the ones attending guardian ad litem related seminars to the AOC for distribution to the judges who appoint guardians ad litem.

(1)) Future CLE Training Opportunities: Bob stated that he did not know specifically when more guardian ad litem training sessions will be conducted, but that guardians ad litem on local Dependency Case Task Forces and the guardians ad litem who attended the seminars in October will be able to learn more about the Adoption and Safe Families Act (ASFA) at seminars conducted around the State in March. Bob said that pursuant to the Committee's recommendation at the last meeting, he will get with Judge Hamner to work on a sample letter for the juvenile court judges to send encouraging guardians ad litem to participate in future seminars.

Parenting Classes: Gordon Bailey expressed that the Committee should move toward allowing the use of parenting classes in all Alabama counties preferably if a rule of judicial administration authorizing the same is adopted. Mr. Bailey stated that he would get with Bob Maddox concerning this matter. The Committee asked the staff to send a questionnaire to all the courts in Alabama asking what parenting education programs they currently have and whether these programs are voluntary or mandatory.

The next meeting will be held on Friday, February 26, 1999 at 10:00 a.m., Judicial Building, Montgomery.

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