Florida Parenting Coordinator Rules
The Supreme Court of Florida amended the Florida Rules for Qualified and Court-Appointed Parenting Coordinators (“Parenting Coordinator Rules”). See In Re: Amendments to the Florida Rules for Qualified and Court-Appointed Parenting Coordinators, 345 So. 3d 714 (Fla. 2021). Effective October 1, 2023, the Parenting Coordinator Rules define “coparent,” list many functions of a parenting coordinator, and say how a parenting coordinator may withdraw before the court okays the withdrawal. See In re: Amendments to the Florida Rules for Qualified and Court-Appointed Parenting Coordinators, 367 So. 3d 1206 (Fla. 2023). Summary of Florida Parenting Coordinator Rules Qualifications, Rostering, and Renewing: Part I Florida’s Parenting Coordinator Rules have four parts. First, Part I of the Florida Parenting Coordinator Rules provides for qualifications and rostering of Parenting Coordinators. Each judicial circuit must create and maintain a roster of parenting coordinators. From the roster, a trial court may appoint a qualified parenting coordinator. Section 61.125, Florida Statutes provides for qualification and disqualification of Parenting Coordinators (PCs). See Parenting Coordinator Rules 15.000 – 15.020. Parenting Coordinator Rule 15.020 states the chief judge or designee in each circuit shall require qualified PCs to renew their qualifications. To be included on the roster, PCs must submit a statewide renewal form and verify they’ve completed 16 hours of continuing PC education every two years. Renewals for qualified PCs and verification of continuing PC education are due on or before December 31 of every odd-numbered year. Ethical Standards for Florida Parenting Coordinators: Part II Second, Part II of the Parenting Coordinator Rules states ethical standards of professional conduct for parenting coordinators. See Parenting Coordinator Rules 15.200 – 15.299. The Florida Supreme Court amended Part II effective October 1, 2023. These standards include parenting coordination concepts, functions, responsibilities to the courts, duties to explain the parenting coordination process, to clarify the PC’s role, and to stay neutral and free from outside pressure, bias, fear of criticism, or self-interest. Discipline Procedures and Operating Procedures: Parts III and IV Third, Part III of the Parenting Coordinator Rules states discipline procedures for PCs. See Parenting Coordinator Rules 15.300 – 15.385. For much more, see the discipline procedures below. Finally, Part IV of the Parenting Coordinator Rules authorizes the Committee on Alternative Dispute Resolution Rules and Policy to promulgate, adopt, and amend operating procedures for training of PCs, for continuing PC education, and for approving and reporting compliance by PCs with the requirements. See Parenting Coordinator Rule 15.400. What is Parenting Coordination? Parenting coordination is a way coparents work with a neutral professional to resolve parenting disputes. When coparents are unsuccessful in working out disputes, a parenting coordinator assists them in creating or implementing a parenting plan. By educating coparents and making recommendations, parenting coordinators facilitate resolving disputes. In some cases, with the court’s and the parents’ prior authorization, parenting coordinators may make limited decisions when parents get stuck. Fundamental Parenting Coordination Principles Parenting coordination is based on communication, education, negotiation, facilitation, and problem-solving. Parenting coordinators integrate skills and knowledge drawn from mental health, law, and conflict resolution. See Parenting Coordinator Rule 15.020. What Do Florida Parenting Coordinators Do? We’ve seen what Parenting Coordination is. So what do Parenting Coordinators do? According to Florida Parenting Coordinator Rule 15.205(b) (effective October 1, 2023), Parenting Coordinators’ functions include: Relationships with Other Professionals Further, the Florida Parenting Coordinator Rules contemplate respecting and working with professionals from other disciplines. Parenting Coordinators: “must respect the role of other professional disciplines in the parenting coordination process and must promote cooperation between parenting coordinators and other professionals.” See Parenting Coordinator Rule 15.299 (Effective October 1, 2023) The Collaborative Divorce process contemplates and welcomes such respect and cooperation with Parenting Coordinators and other Allied Professionals. In the next sections, we look at Parenting Coordinator Responsibilities under the Parenting Coordination Rules. Parenting Coordinator Responsibilities In Florida, besides what Parenting Coordinators do, they have multiple duties. Candor, Ethics, Following the Rules Among other duties, Parent Coordinators must: Qualifications, Education, Competence, Capacity Parenting Coordinators must: Explaining the PC’s Role and Process Parenting Coordinators must educate participants. So, Parenting Coordinators must: Integrity, Diversity, Freedom from Coercion or Influence Parenting Coordinators, further, must: Impartiality, Neutrality, No Conflicts of Interest Parenting Coordinators must act impartially and neutrally, free from bias and conflicts of interests. Thus, they must: A Parenting Coordinator may only make recommendations and decisions the PC believes are in the best interest of the child. That means, a Parenting Coordinator can favor outcomes the Parenting Coordinator believes are in the child’s best interests. Doing so doesn’t breach the PCs duty of neutrality. Rule 15.251. Confidentiality and Records Regarding communications and records, Parenting Coordinators must: Meaningful Participation by Parties and Safety When any party can’t participate meaningfully in the parenting coordination sessions, the Parenting Coordinator must terminate the process. Moreover, once the Parenting Coordinator decides continuing the process would be unsafe, the Parenting Coordinator must suspend the process and notify the court. Rule 15.286). The above discussion summarizes Parenting Coordination, describes the process, and discusses Parenting Coordinators’ duties. In the next section, we look at discipline procedures of Parenting Coordinators under the Florida Parenting Coordinator Rules. Florida Parenting Coordinators: Discipline Procedures The Talent Pool “PCRB” – Parenting Coordinator Review Board – 20 people, 4-year terms (3-term max) “RVCC” – Rule Violation Complaint Committee – Investigates the complaint. The judge or attorney chairing the RVCC may compel: (1) the attendance of any person at an RVCC meeting; (2) any person to give statements, testimony, and depositions; and (3) production of documents, records, and other evidence; The RVCC shall perform its investigatory function and have concomitant power to resolve cases prior to panel referral. The “Panel” – Adjudicates the formal charges associated with a rule violation complaint against a parenting coordinator. The Panel comprises 3 members of the PCRB the DRC selects who didn’t serve on the RVCC. Each panel shall have jurisdiction and powers to conduct the proper and speedy adjudication and disposition of any proceeding before it. The panel must perform the adjudicatory function, but no investigatory functions. The panel chair may: (1) compel the attendance of witnesses; (2) issue subpoenas to compel
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