Social Study & Parenting Plan Facilitation

Procedures for Order for Social Study and Parenting Plan Facilitation, Pursuant to Fla. Stat. 61.20

1. If the judge determines that a social study and parenting plan facilitation is necessary and appropriate, the parties may either agree to jointly and privately contract with a private facilitator or request that the court appoint a parenting plan facilitator who has been approved by the 12th  Judicial Circuit (herein referred to  as “circuit facilitator”) to conduct a social study and parenting plan facilitation process for a reduced fee. The court may also appoint a circuit facilitator on its  own motion.
2. If the parties use a circuit facilitator, the judge will hear the evidence of each party’s ability to pay for or contribute to the costs of a social study and parenting plan facilitation.
   • The Order will set forth the cost of the social study and facilitation process and the portion to be paid by each party.
   • The family division case manager will select circuit facilitators on a rotating basis from a circuit-approved list of  facilitators.
   • The party/parties ordered to pay the cost of the social study and facilitation must do so before the process will begin.
3. If the parties privately contract for a social study, the facilitator must be a psychologist licensed pursuant to Chapter 490, Florida Statutes; or a clinical   social worker, marriage and family therapist or mental health counselor licensed pursuant to Chapter 491, Florida Statutes. Proof of licensure and a current resume and/or curriculum vitae of the evaluator must be included with the final  report.

Payment for Social Study and Facilitation Conducted By Circuit  Facilitators

1. In accordance with Florida Statute §61.20, parties will be assessed a fee for the cost of a social study.  The charge for a study conducted by a circuit facilitator  is $1,800. It is within the court’s discretion to determine the responsibility and ability of each party to pay for or contribute to this cost.
2. Unless the order indicates otherwise, payment for the social study must be made directly to the circuit facilitator within fifteen (15) business days of the parties receiving the written introduction to the circuit facilitator assigned to the  case.
3. If payment is not made within fifteen (15) business days, the circuit facilitator shall submit to the case manager a Request For Status Conference, indicating that one or both parties have not paid in order for the study or facilitation process to begin. 

Assignment & Completion of Social Study and Facilitation  Process

1. There is no obligation on the part of the court or the case manager to assign cases to specific circuit facilitators. Although generally assigned by rotation, the decision to use a particular circuit facilitator rests with the court and the case manager. Neither the parties nor counsel may request a particular circuit facilitator.
2. If the case has settled, the parties or their attorneys must give immediate written notice to the case manager before the case is assigned to a circuit facilitator. If notice of settlement is received after the case is assigned to a circuit facilitator, the social study will be completed as ordered until further order of the  court.
3. Pursuant to the Order for Social Study and Parenting Plan Facilitation, the facilitator will appear before the court for three (3) judicial reviews. The first judicial review should be scheduled no more than five (5) weeks after the Order is signed.
4. The facilitator shall participate in each judicial review, but may, with court approval, appear by telephone or other electronic means. Communications with  the court by the facilitator shall be governed by FLA. R. FAM. P. 12.363(d) and use of the social study report as evidence shall be pursuant to FLA. R. FAM. P. 12.363(e) § 61.20, FLA. STAT.
5. The facilitator shall prepare a brief written report of the facilitator’s progress with the parties, including any important information the court may need to consider  for each judicial review hearing. (See interim report  outline.)
6. Each social study report and parenting plan recommendation may/must contain, but is not limited to, the following  assessments/information:
   • The facilitator may use the 12th Judicial Circuit’s assessment tool “Instructions and Assessments for Your Parenting Plan;
   • The facilitator may use the recommended 12th  Judicial Circuit approved parenting plans, the Basic Plan, the Long Distance Plan, the Safety Focused Plan, or the Highly Structured Plan, if  appropriate;
   • The  facilitator must complete a local related cases public records  search;
   • The facilitator must follow the social study report outline that is included in the 12th  Judicial Circuit training materials.
7. Each circuit facilitator must accompany the completed social study report and recommended parenting plan with the Order for Social Study and Parenting Plan Facilitation, and submit all documents to the case manager within ninety (90) days after the date of entry of the order, and in no case later than thirty (30) days prior to the date set for trial, whichever should occur first. (See report  outline.)
8. Failure of a circuit facilitator to meet deadlines will result in an imposition of a probationary period resulting in no further assignments for a period of time to be determined by the Family Administrative Judge.
9. The case manager will file the original report in the court file within two (2) business days of receiving the report from the circuit facilitator and mails copies to the parties or counsel.
10. All privately contracted parenting plan facilitators shall submit their social study reports and parenting plans, attached to the Order, to the court and file the original with the Clerk of Court. The privately contracted parenting plan facilitator is responsible for distributing copies of his/her report to the parties or  counsel.

Inclusion on the 12th  Judicial Circuit List Requirements

1. Mental health professionals must meet all licensure requirements and experience qualifications, as well as follow all application requirements, in order to be included on the 12th Judicial Circuit’s list for the Social Study and Parenting Plan Facilitation Program.
2. Upon the Expert Witness Review Committee’s approval of a professional to be included on the list, each applicant must be trained on the 12th Judicial Circuit’s policies and procedures. Contact the Family Court Manager for training materials and upcoming training opportunities.
3. Mental health professionals that are currently on the 12th Judicial Circuit list as a Custody Monitor or Custody Evaluator will not be required to reapply for inclusion on the list for the Social Study and Parenting Plan Facilitation Program, as long as the professional meets the licensure, training, and experience criteria required for inclusion.
4. Professionals currently on the list must obtain training on the new parenting  statute and must be trained as to the 12th Judicial Circuit’s policies and procedures to accept appointments under the Social Study and Parenting Plan Facilitation Program. Current professionals must submit proof of attendance of training on the new parenting statute and parenting plans prior to accepting their first  appointment.
5. All professionals on the list must continuously update the Family Court Manager with their contact information.

All Parenting Plan Facilitators under Fla. Stat. 61.20 shall have the following  qualifications:

1. Licensure as a mental health professional under F.S. Ch. 490 or Ch. 491, in clear and active status;
2. Completed a Florida Supreme Court Certified Family Mediation Training Course (certification as a family court mediator not  required);
3. Substantial continuing education that pertains to family law, including but not limited to; 10 CEU’s relating to family law, and 4 CEU’s relating to domestic violence within the last 3 years;
4. At least one year of experience working with high conflict families or, in  the alternative, performed six custody evaluations or social investigations and parenting plan recommendations during the past  year;
5. Familiarity with prevailing industry standards for providing optimal services in the area of social investigations involving children’s  issues;
6. Familiarity with 12th Judicial Circuit Parenting Plans, Assessment, and Administrative Order 2008 16.12;
7. Complete 12th Circuit Social Study and Parenting Plan Facilitation Training;
8. An office or use of a conference room to meet with  clients.

To be included on the list, all professionals shall submit the  following:

1. Completed Twelfth Judicial Circuit Application to conduct social study and perform parenting plan facilitation.
2. Two references with letters of recommendation. One letter of recommendation must be from a mental health professional licensed in Florida.
3. Proof of professional liability insurance of no less than $1,000,000 aggregate/$100,000 per occurrence with expiration  date.
4. Signed release to run criminal history and drivers license  checks.
5. One sample report that you have written with identifying information redacted.

Gathering Information

1. A copy of all Orders for Social Study and Parenting Plan Facilitation appointed under the Circuit’s reduced fee program will be sent to the case manager. When  a facilitator is appointed, the case manager must review the order and prepare  an Information Sheet for the facilitator. The case manager will also prepare a packet that includes information that the facilitator may need to help prepare his/her report.
2. The data required to be included on the Information Sheet is as  follows:
   • Name, address and phone number of each  party;
   • Name, address and phone number of the attorney for each  party;
   • Names of children and their dates of  birth;
   • Language spoken by parties, if not  English;
   • Case number;
   • Date of trial;
   • Date final report is due to the case  manager.
3. The case manager will provide the facilitator with a copy of the Order for Social Study and Parenting Plan Facilitation.

Assigning Cases to Parenting Plan  Facilitators

1. When an order for a social study is received, the case manager must stamp the copy of the order with the date  received.
2. The case manager assigns the next facilitator from the 12th Circuit Social Investigator/Facilitator List, unless it is determined by the court or case manager that a specific facilitator should be assigned. Neither parties nor their counsel  may request a specific facilitator from the list if the order appoints a circuit facilitator.
3. The case manager shall confirm acceptance of assignment by the facilitator and send introduction notification letters to all parties and their attorneys, if  any.
4. Once a facilitator is assigned, the case manager will provide an informational packet to the facilitator containing information regarding the  parties.
5. Ninety (90) days after the date of the Order appointing a social study and parenting plan facilitator, the completed social study report is due and should be turned in to the case manager.
6. There may be extenuating circumstances that may prevent the timely completion of the facilitator’s report. For relief, the facilitator must take one of two courses of action prior to the expiration of the facilitator’s  deadline:
   • The facilitator may submit a Request for Status Conference to the case manager. The request shall state the reason for the delay and the amount of additional time needed to complete the social study and report. The facilitator must provide copies of the request to all parties or counsel. The case manager will prepare an Order Setting Status Conference, and submit the Request for Status Conference and Order to the judge for consideration. These requests and orders shall also be filed in the court file.
   • The facilitator may submit a Request for Extension of Time to the case manager. The request shall state the reason for the delay and amount of additional time needed to complete the report. The facilitator must provide copies of the request to all parties or counsel. The case manager will prepare an Order Granting/Denying Extension of Time, and submit the Request for Extension of Time and Order to the judge for consideration. These requests and orders shall also be filed in the court  file.

• If the case manager does not receive the facilitator’s report prior to the expiration date, the case manager will contact the facilitator to learn the reason for the  delay. If a facilitator is more than 10 days late on a report without an approved extension, the facilitator may be found in contempt of court and the court may impose sanctions.

Submitting Final Reports

1. The circuit facilitator will submit to the case manager his/her final report attached to the Order for Social Study and Parenting Plan Facilitation. The case manager will file the original in the court file and mail copies to all parties or their  counsel.
2. Private facilitators shall submit to the court his/her final report attached to the Order for Social Study and Parenting Plan  Facilitation.
3. The privately appointed facilitator that is not participating in the reduced fee program is responsible for filing the original in the court file and mailing copies to all parties or their counsel.

Maintaining Records

1. The case manager shall keep a separate file for each assigned case. The file shall include:
   • A copy of the Order for Social Study and Parenting Plan  Facilitation;
   • A copy of the Information Sheet;
   • A copy of the final report;
   • Copies of any letters/correspondence regarding this  case;
   • Documentation of any requests for an extension of time or status conference;

Retain these records until the information contained therein is obsolete, superseded, or the administrative value is lost.

Keeping Statistics

1. The case manager shall maintain statistics on each case assigned and on each circuit facilitator. These statistics shall be submitted upon request by the case manager’s immediate supervisor.
2. The statistics shall include, but are not limited  to:
   • Number of cases referred for social study each month and  YTD;
   • Number of cases assigned to specific circuit  facilitators;
   • Number of cases assigned to private facilitators, if  known;
   • Number of cases each circuit facilitator has; assignment date and final report date; reasons a report was delayed or  incomplete;
   • Origin of the cases referred (judge, general master, mediation, stipulation);
   • Number of cases involving non-English-speaking parties, and the language of the parties.
3. The case manager shall also track each assigned case, including, but not limited to:
   • Date each case was referred for a social  study;
   • Date the case was assigned to a circuit  facilitator;
   • Due date for each final report;
   • Date the final report was returned completed and filed with the  court.