Administrative Office of Courts
                      300 Dexter Avenue
                Montgomery, Alabama 36104-3741
                        (334) 242-0300
FAX:	(334) 242-2099				In-State 1-800-392-8077

MEMORANDUM

TO: Alabama Advisory Committee on Access and Visitation
FROM: Peggy Walker - Director Planning and Research Division
DATE: March 8, 1999
RE: Both Parents Program: Minutes of February Meeting/Scheduling of Next Meeting/ Alabama Family Rights Association Information Packet

For your review, enclosed is a draft of the minutes from the February 26,1999 meeting of the Advisory Committee on Access and Visitation. As noted in the minutes, the next meeting of the Committee has been scheduled for Friday, April 26,1999 at 10:00 o'clock a.m. The meeting will be held in the small Judicial College classroom which is located on the lobby level of the Judicial Building in Montgomery. The Judicial parking area is accessed through the Monroe Street entrance. The code to enter the parking area is *422#.

I have also enclosed an information packet we received from the Alabama Family Bights Association. The information was provided to us by Dr. Weiss, since our last meeting. If you have any questions concerning these minutes, the next meeting, or your sub-committee has an update for the committee please call me as soon as possible.

MINUTES OF THE MEETING

February 26, 1999

A meeting of the Advisory Committee on Access and Visitation convened on Friday, February 26, 1999, at the Judicial Building in Montgomery. The meeting began at approximately 10:15 am.

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

Mark Anderson, Circuit Judge, 15th Judicial Circuit
Aubrey Ford, District Judge, Macon County
Agnes Wormley, Referee, Jefferson County
Kaye Barbaree
Tim Smith, Esq.
Ruth A. Stock, Assistant Attorney General, Mobile County DHR
Dan Cobb
Ron Price

Guests included:

Mr. James Blackston, Jefferson County Chapter of the National Congress for Fathers and Children
Dr. Richard Weiss, PhD., Professor, Auburn University, Member, Alabama Family
Rights Association
Mr. Michael Ruminer, not affiliated, observing

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

Reports from Subcommittees

Judge Hamner asked if there were any reports from subcommittees at this meeting. The following reports were made:

(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 AMA. The latest indication was that the Rules Committee was scheduled to meet in the next three to four weeks and that the Court might consider the rules in late Spring.

(b) 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.

Parenting Classes: At the last meeting, the Committee asked the AOC staff to survey all circuits to determine the availability of parenting education programs throughout the State and to determine if programs offered are voluntary or mandatory. Scott Hoyem reported that responses have been received from only about 1/3 of the counties. He stated he will follow up to obtain input from those counties from which no response was received. Regarding Escambia County's program for "never-marrieds," Peg and Scott agreed to review the program to see if it is adaptable to other circuits. The Committee reiterated the need for AOC to evaluate the effectiveness of other programs, such as Children Coping with Divorce, as well.

Standard Visitation Order: Several members expressed that the standard visitation Order drafted by Judge Hamner is being used and is very helpful.

Scott Hoyem provided the Committee-members a handout updating the current status of Access and Visitation pilot projects in Walker, Montgomery, and Geneva Counties. The following is a synopsis of what the Committee was informed:

Walker County: Scott stated Walker County is presently only able to provide a parenting education program since the mediation aspect of the program has been delayed because their mediator has yet to be certified. The latest possible time frame for certification of the mediator is June, 1999 when AOC has reserved mediation training slots at Jones School of Law, Faulkner University. Efforts to locate a temporary certified mediator in the Walker County vicinity proved unsuccessful. In addition, the Walker County Program Coordinator recently resigned so he must be replaced, as well.

Montgomery County: This program is also currently without a coordinator. Mediation efforts have not yielded the results originally hoped for. Since mediation expenses have run lower than originally projected there is a possibility the additional funds may be used to initiate a parent education program for "never-marrieds," however no formal proposal for restructuring the program had been submitted, as of the date of the meeting.

Geneva County: This program has, thus far, been successful in providing mediation services for pro se parties in divorce cases where child custody and visitation are at issue.

New Site Proposals: Pursuant to the Committee's request at the last meeting, Scott Hoyem visited Madison, Lowndes, and Jefferson counties in order to obtain more detailed information concerning the projects each proposes. Handouts were provided to the members summarizing Scotts findings and budget data for each circuit's request. Copies of these summaries are attached to these minutes. Upon review, the Committee made the following comments and recommendations;

(1) Madison County - The Committee noted that this project's Legal Services/pro se assistance aspect needs to be refined to primarily address access/visitation issues and not child support and other unrelated issues. Tim Smith expressed concern that the $3,000 allocated for development and reproduction costs seemed excessive. Mr. Blackston pointed out that, historically, Legal Services Corporation is viewed as an adversary by fathers - who generally feel Legal Services does not assist them. Judge Ford noted, however, that this perception may prevail because Congress has recently imposed restrictions on what forms of representation Legal Services Corp. may provide and Legal Services Corp., therefore, may have no choice in the matter.

(2) Lowndes County - The Committee noted that this project was an innovative approach and has good potential for replication in other, similar rural counties. Dan Cobb made a motion to approve the Lowndes County request for $25,950. Judge Ford seconded the motion and made a subsequent motion to approve both the Lowndes County request and Jefferson County's request for $30,000. Agnes Wormley seconded the motion. Approved.

(3) Jefferson County #1 (Family Court)- The Committee expressed confidence in the feasibility and ease of implementation for this proposal. Jefferson County on-site facilities are exceptional and the proposal reflected that much consideration has been given to the approach. As previously stated, the grant proposal was approved by the Committee in the amount of
$30,000.

Funding Recommendation: The Committee believed it was prudent to fund the (above) sub-grants incrementally. Ultimately they recommended paying funds out quarterly, and further recommended that additional funding not be provided until such time as each site has submitted a quarterly report to the AOC.

Although Scott did not visit the following counties, he made a report on each as follows:

(1) Coffee County - In the last meeting 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. Scott has been unable to reach personnel in Coffee County regarding this particular project but will continue to do so.

(2) Mobile County - as stated at the last meeting, Scott was to contact Judge Rosemary Chambers in Mobile County concerning how she planned to utilize CASA volunteers in domestic relations cases. He was also to coordinate with Dr. Rich Hobson, Judicial Volunteer Program Coordinator at AOC, concerning the possibility of using CASA's as visitation supervisors. Subsequently, during the course of those discussions, Judge Chambers notified the AOC that she wished to modify her request to state a requirement for a supervised visitation centers. No Committee action taken.

(3) Baldwin County - Wishes to start a "Children Coping 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. Scott will continue to coordinate with personnel in this county.

Jefferson County #2 (Domestic Relations Court): The Committee noted that Jefferson County appears to provide a high likelihood of success for initiating parent education programs. However, the Committee generally agreed that the scope of the Jefferson County Domestic Relations Court request is for a divorce education program, while the proposal previously submitted by Family Court addresses "never-married" parents, thus making it impractical to consolidate the two. The Committee agreed that cost savings may be realized if the two requirements were "merged" to the extent possible (for example; if each program were provided by the same instructor). Additional information is needed regarding the program budget, as well.

National Congress for Fathers and Children Proposal: At the last meeting, the Committee requested that Mr. Blackston submit program materials for their review. Mr. Blackston submitted these materials and they were distributed to the members prior to the meeting. Judge Hamner asked Mr. Blackston to describe his proposal and request for funding. Mr. Blackston answered that his organization requests funding to begin providing the "Nurturing Fathers Program" through his chapter. The objective of the "Nurturing Fathers Program" is to teach fathers more about their nurturing roles, such as discipline without violence, anger management, balancing work and fathering, etc. Also, the fathers will learn how to work in developing a viable parenting plan. A big problem Mr. Blackston perceives is that fathers cannot understand court orders regarding visitation. This problem, too, will be incorporated in the program. The cost of the program is $50 per student with 20 students per class. Each "program" consists of 13 weekly sessions. The program was written by a counselor in Sarasota, Florida and some mothers are also involved in the training sessions. Based on his calculations, Mr. Blackston requested $13,000 in funding to initiate the program.

The Committee raised concerns that the program is not affiliated with any court. Since part of the grant money is matched by the AOC (10%), the Committee has previously stated that programs which receive grant monies must, in some way, be linked to the court system. The Committee asked Mr. Blackston to try and find a "home" for the program with the Courts in Jefferson County. Tim Smith agreed to assist Mr. Blackston in meeting with Jefferson County Domestic Relations and Family Court judges to see if any were interested in working with Mr. Blackston's organization in order for him to receive funding and to identify~ a source for referrals.

Open Forum: Judge Hamner asked Dr. Richard Weiss if he wished to make any comments to the Committee. Dr. Weiss stated that statistics show that a mother wins in 90% of the divorce cases where child custody is at issue. The focus of his organization is to move for legislation which mandates the "sharing of rights and privileges for each parent in raising children." His organization does not see this concept happening through the courts at the present time. He contended studies reveal that both teen pregnancy and teen suicide are directly related~to "fatherlessness." Another problem encountered by non-custodial parents is the problem of "move-away." Custodial parents appear to be unimpeded in that they are able to move away,

Judge Hamner thanked Dr. Weiss for his comments and agreed to distribute copies of materials he brought to the members in a mail-out.

Visitation Terminology

The Committee had a discussion regarding whether the term "visitation" is outdated and misleading. The Committee was in general agreement that the trend in other states is to do away with the term, replacing it with one indicative of both parents involvement and right to custody of a child. Dr. Weiss suggested that a more appropriate term might be "parenting time." Tim Smith agreed that visitation orders are sometimes hard to read even for lawyers. He proposed using different language in forms/orders to make it more understandable for lay people. Tim also said he would try and write an article for publication in The Alabama Lawyer to address simpler more appropriate language. In addition, he suggested that judges and lawyers be educated about these topics at future conferences.

The Committee also discussed the possibility of contacting the Alabama Law Institute to discuss possibly drafting legislation for the upcoming Legislative Session to change the terminology to "parenting time." The Committee established a subcommittee to study the terminology issue, with Judge Mark Anderson, Agnes Wormley, Ruth Stock, and Tim Smith volunteering to serve as members.

New Chairperson

Judge Hamner introduced the new chairperson of the Committee as being Judge Aubrey Ford, who will take the reins at the next meeting.

Next Meeting

The next meeting will be held on Friday, April 16, 1999 at 10:00 am., Judicial Building, Montgomery.

District Court of Madison County proposes to undertake a two-part program to include supervised visitation and neutral exchange site services for parties referred by the court and the development of pleading packets for use by pro se parties in custody/visitation cases.

The supervised visitation/neutral exchange site project will be coordinated with a wide range of community support organizations and provided through Family Services Center. The center estimates that, by using trained paraprofessional, it can provide between 300 and 500 hours of supervised visits under this grant program. The program will follow standards set forth by the Supervised Visitation Network. Family Services estimates that this program can be implement within three to four months of authorization. (Question: Should Both Parents resources be used for supervised visitation where the child(ren) is in foster care?)

The Legal Services of North Alabama proposes to aid non-custodial parents in completing and filing pro se petitions for requesting and enforcing visitation. Specifically, Legal Services proposed to prepare pleadings packet which can be provided to the pro se parties.

The program would be administrated by Judge Moquin. No funds have been requested for administration.
Budget: $20,000

Supervised Visitation $17,000- 18,000
Contract for visitation supervision by trained paraprofessional at $25/hour.

Pro Se Visitation/Guardianship materials:
Contract with Legal Services Corporation $2,000 -
Development and reproduction of pleadings 3,000

Recommendation:

Lowndes County proposes to provide a comprehensive workshop for never-married parents who are referred by the Court, followed by mediation efforts when needed. The parenting work-shop will initially provide instruction and skill relating to communicating, cooperating, and coordinating in the child(ren)'s best interests. Problem resolution and anger management are other related topics which may be included.

The ultimate goal of the each parenting work-shop will be to guide the parents and assist them in developing a Joint Parenting Plan which outlines each parent's parenting rights and responsibilities for filing with the Court.

A minimum of three two-hour sessions will be necessary to provide the training and hand-on parenting plan development. Upon conclusion of the workshop, if the parties are close to reaching an agreement, yet have been unable to finalize a Joint Parenting Plan, the program provider/coordinator will make a recommendation to the Court for possible referral to a local mediator for additional out-of-court resolution efforts.

As a stand-alone proposal the project will require the hiring of at least one part-time (20-25 hour-per-week) coordinator/program provider who will develop the program materials, schedule referred parties for attendance, conduct the workshops, and notify the Court of the parties' success or failure to reach a parenting agreement. The coordinator/program provider will be responsible for all program tracking and reporting. The coordinator/program provider will make recommendations to the Court with regard to mediation and its likelihood for success, as well.

There is presently no education program for never-married parents in either Lowndes County or Montgomery County, and cost savings could be realized if services are later extended (as a satellite) to Montgomery County and/or surrounding counties.

Budget: $25,950
Personnel and Fringe $13,000
Education Materials 500
Office Supplies 300
Postage/Shipping 100
Professional Liability Insurance 800

Estimated Cost of Mediation:
Cost of each mediation session: $150
Judge's estimated # per year: X 75
$11,250 11.250

Family Court of Jefferson County proposes to provide comprehensive parent education programs to patties who are referred by the court. Generally, these will be never-married parties. The project will be provided through Jefferson, Blount, and St. Clair County Mental Health.

This will be a seven-week program, with five program cycles per year. Classes will last two-hours and will be limited to 30 to 35 participants (serving 150 - 175 persons per year). The program will be given in the evenings at the Jefferson County Family Court. The program, if approved, could be implemented within one month.

The course will include conflict resolution, anger management, communication and trust building, family court policy and procedures and practices, and money management. Parties will be referred by the court. A fee will be assessed based on a sliding scale, up to maximum of $35 per adult. A separate track for children age 8 to 15; child care will be provided for children under age 8.

Where appropriate, treatment recommendations will be made to the family and the court. Reporting will include attendance of families per cycle, progress reports, treatment recommendations, and other information required by the court.

Budget: $30,000

Personnel and Fringe 27,300
Program Manager
Program Presenters (2) master level therapists/counselors
Youth Counselors (2) bachelor lever counselors
Child Care Specialists (2)

Educational Materials 850

Office Supplies 500

Travel Reimbursement 400

Postage/Shipping 100

Professional Liability Insurance 800

Recommendation:

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