Guidelines for Professional Parenting Time Supervisors: Section II: Qualifications and Duties of Professional Supervisors

Section II of the Probate and Family Court's Guidelines for Professional Parenting Time Supervisors, which outlines the qualifications and duties of professional supervisors.

A. Supreme Judicial Court Rule 1:07

Whenever a professional parenting time supervisor is named to supervise a parenting time event or exchange, the Court shall make an Order of Appointment in accordance with SJC Rule 1:07. No appointment is effective until the professional parenting time supervisor files a written acceptance with the Court. 

An appointment as a professional parenting time supervisor is a fee generating appointment falling within the provisions of SJC Rule 1:07. The Administrative Office of the Probate and Family Court has promulgated an application process, including an application, interview, and mandatory training, and yearly, mandatory continuing education requirements to maintain a list of qualified professional parenting time supervisors. Approved professional parenting time supervisors shall be included on the Category AA fee generating list for a period of 5 years, unless otherwise removed for cause or failure to comply with continuing education requirements. Each professional parenting time supervisor seeking to be eligible for court appointments must be on the list of approved supervisors. The list is maintained by the Administrative Office of the Probate and Family Court. If, in accordance with SJC Rule 1:07, the Court determines that a professional parenting time supervisor who is not on the court-approved list shall be appointed, the Court shall state in the Order of Appointment how the person qualifies to be a professional parenting time supervisor. 

Any professional parenting time supervisor no longer performing supervision services shall provide written notification to the Administrative Office of the Probate and Family Court and the supervisor’s name will be removed for the Category AA fee generating list.

B. Uniform Practice I. Removal from fee generating list

The Supreme Judicial Court has established a process for a person, usually a litigant or attorney, to request the involuntary removal of another person from a court-approved fee generating list. The request for involuntary removal is addressed in the first instance by the Chief Justice of the Probate and Family Court, and ultimately can result in the suspension or removal from a court-approved fee generating list.

C. Qualifications

To be considered for the court-approved fee generating list, the professional parenting time supervisor candidate must at a minimum:

1. have a bachelor’s degree and a minimum of 3 years working with children in a professional capacity; and
2. submit sufficient information to the Administrative Office of the Probate and Family Court for a search of the CORI, CARI, WMS, and DCF systems or any comparable system in another relevant jurisdiction, including, but not limited to, his or her full legal name, previous names, other names known by, date and place of birth, mother’s maiden/birth name, social security number; and
3. not be an employee of the Massachusetts Trial Court; and
4. have no current or past court order in which the supervisor is the person being supervised; and
5. be a mandated reporter pursuant to G. L. c. 119, § 21 due to profession and/or licensure, or have been a mandated reporter in the last five years; and
6. maintain liability insurance with minimum coverage of $100,000; and
7. have no felony or misdemeanor convictions; no CWOFs (continued without a finding) related to a crime against a child; no open case with the Department of Children and Families (“DCF”); have not had a G. L. c. 119, § 51B supported against them; or be under a current order for electric monitoring; and
8. if a licensed professional, be in good standing with that licensing board/agency.

In addition, the professional parenting time supervisor candidate:

1. must be capable of objective observation and of intervening effectively to maintain the safety of the child(ren) and parties and have the demonstrated ability to set appropriate limits when needed.
2. must maintain a neutral role by refusing to discuss the merits of the case with the parties, or agree with one party over another. Any discussion between a supervisor and the parties should be for the purposes of arranging parenting time and providing for the safety of the child(ren) and parents.
3. if an employee of DCF, shall not access the parties’ DCF file or information electronically or physically. The professional parenting time supervisor shall not discuss supervised parenting time appointments with DCF co-workers, unless it is for purposes of filing or responding to a G. L. c. 119, § 51A investigation. If the Court requires records from DCF, the provisions of Standing Order 2 – 11 must be followed.
4. to avoid a conflict of interest, when accepting an appointment, unless otherwise approved by the Court, shall not:
   1. be financially dependent on;
   2. be an employee of; or
   3. have or have had an intimate relationship with 

the person being supervised, either parent in the case, and/or the attorneys of record for the parties

5. when accepting an appointment, must speak the languages of the party being supervised and the child(ren), or select and provide a neutral interpreter over the age of 18 to be paid as set forth in the Order of Appointment.
6. if the supervisor will transport the child, must have age-appropriate car seats/boosters, as required by law, and, if a person with an appearance in the case requests proof of automobile insurance coverage, a current motor vehicle registration, and a valid driver’s license, so provide it with identifying information redacted.
7. must be able to demonstrate:
   1. knowledge of the laws relevant to intimate partner abuse and domestic violence; and
   2. an understanding of the dynamics of intimate partner abuse and domestic violence; and
   3. an understanding of the impact of intimate partner abuse and domestic violence on victims of abuse and their child(ren); and
   4. an understanding of the needs of victims of abuse and their child(ren).
8. must know and understand the child abuse and neglect reporting laws, including, but not limited to:
   1. the difference between mandated and non-mandated reporting requirements; and
   2. the obligation as a mandated reporter to file a G. L. c. 119, § 51A report with DCF whenever required; and
   3. the ability to contact local law enforcement agencies about suspected abuse or neglect.
9. must be trained in performing the functions of a professional parenting time supervisor, including at a minimum, how to:
   1. conduct an intake screening with all of the essential elements, including explaining the lack of confidentiality as the professional parenting time supervisor (See Sections II (D) (4) and (7));
   2. prepare the child(ren) for the parenting time event (See Section II (D) (4) (c));
   3. take the necessary steps to ensure the safety of the child(ren), parents, and supervisor, including how to terminate a parenting time event (See Sections II (D) (1) (a) and (D) (3));
   4. manage a parenting time event;
   5. maintain records, including how to record observations on the Supervised Parenting Time Log (See Sections II (D) (1) (b) and (c));
   6. report to the Court (See Sections II (D) (6) and (7);
   7. identify risks that may arise for children of different ages from contact with a non-custodial parent, including: parental conflict, physical or sexual abuse, sexual exploitation, substance use, mental illness, intimate partner abuse, or interruption of contact (See Section II (D) (5)); and
   8. identify implicit bias and its impact on the supervisor’s reporting
10. must be available to testify if subpoenaed.
11. must be familiar with these Guidelines.

D. Duties

1. Reporting and Record Maintenance

a. Incidents of Abuse

The professional parenting time supervisor must file a report pursuant to G. L. c. 119 if the professional parenting time supervisor has reasonable cause to believe that a child is suffering from or has died as a result of abuse or neglect.

b. Case File

The professional parenting time supervisor shall keep a case file. The case file must include: 

1. names of each parent and child, and guardian if applicable;
2. dates of birth of each parent and child, and guardian if applicable;
3. address of each parent and child, and guardian if applicable;
4. telephone numbers of each parent, and guardian if applicable;
5. emergency contact and telephone number;
6. copy of the Order of Appointment;
7. the written agreement between the parties and the professional parenting time supervisor;
8. if applicable, other persons authorized to participate in or be excluded from the parenting time event;
9. relevant court orders;
10. consents for release of information, if any; and
11. observation notes, reports, and Supervised Parenting Time Logs.

All observation notes, reports, and Supervised Parenting Time Logs filed with the Court must be limited to facts, observations, and direct statements made by the child(ren) and parties, and not include conclusions, suggestions, or opinions of the supervisor. All contact, whether in person, in writing, or by telephone, between the supervisor and either party, the child(ren), the Court, and the attorneys shall be documented in the supervisor’s case file. All entries shall be dated and signed by the person Page 10 of 18 recording the entry. All case records shall be retained for 7 years (See Section II (D) (4) (a)).

c. Supervised Parenting Time Log

Each professional parenting time supervisor shall be required to maintain a Supervised Parenting Time Log for each parenting time event. The professional parenting time supervisor shall file a completed log with the Court as directed by the Order of Appointment and upon the request of a party or the attorney for either party or the attorney for the child.

2. Permissible and Not Permissible Actions of a Professional Parenting Time Supervisor

a. A professional parenting time supervisor may not:

1. except as permitted below, communicate orally or in writing with the Court or any court personnel regarding the substance of the action;
2. offer legal advice, representation, therapy or counseling; and
3. delegate any portion of the professional parenting time appointment to anyone else, as the appointment is personal in nature.

b. A professional parenting time supervisor may: 

1. produce documents and testify in the action as a fact witness in response to a subpoena issued at the request of a party or an attorney for a child of the parties, or by order of the court; and
2. have access to all non-impounded case records in the action.

3. Safety and Security Procedures

a. Safety Efforts

1. All professional parenting time supervisors should make every effort to ensure the safety and welfare of the child(ren) and adults during the parenting time event, including, but not limited to, inspecting all items brought to parenting time to ensure appropriateness.
2. All professional parenting time supervisors must carry a copy of the Order of Appointment to each parenting time event.
3. All professional parenting time supervisors must have a written procedure that must be followed in the event a child is abducted during a supervised parenting time even

b. Law Enforcement Agencies

Professional parenting time supervisors are encouraged to establish working relationships with local law enforcement agencies. The relationship with the law enforcement agencies should include the establishment of emergency procedures to best ensure that the safety needs of the supervisor and the child(ren) and parents will be met.

c. Interrupting/Terminating/Rescheduling

If a professional parenting time supervisor observes that the terms and conditions of the parenting time have not been complied with by either party such that the parenting time event cannot occur safely, the child(ren) has become acutely distressed, and/or the safety or welfare of the child(ren), a parent, or the supervisor is at risk, the supervisor must: 

1. temporarily interrupt the parenting time event;
2. terminate the parenting time event; or  
3. reschedule the parenting time event. 

When it is safe to do so, the supervisor should advise both parties of the reasons for the interruption, termination, or reschedule. All interruptions, terminations, and reschedules must be recorded in the Supervised Parenting Time Log. 

When the supervisor has terminated a parenting time event and believes that the supervised parenting time order and/or Order of Appointment needs to be reviewed by the Court to proceed safely with future parenting time events, or a parenting time event cannot occur due to lack of payment, within 2 business days of the terminated event, the supervisor shall file with the Court the Motion to Review Supervised Parenting Time. The supervisor must provide notice of the motion to both parties, their attorneys, and the attorney for the child, if any. Notice can be provided by delivery in hand or mailing and the Certificate of Service on the Motion to Review Supervised Parenting Time must be completed. 

The Court will schedule the motion to be heard virtually as expeditiously as possible. If the Court requires an in-person hearing on the motion, the Court shall enter specific written findings as to why a virtual hearing cannot be held. The professional parenting time supervisor must attend the hearing, whether the hearing is virtual or in-person, to present the motion to the Court. 

In the rare case where a professional parenting time supervisor is appointed in a judgment and the professional parenting time supervisor believes that the judgment needs to be reviewed by the Court, the supervisor must notify the parties in writing of this position and the responsibility is on the party or parties to file a Complaint for Modification.

d. Ratio of Children to Professional Parenting Time Supervisor

The ratio of children to a professional parenting time supervisor is contingent on: 

1. the degree of risk factors present in each case;
2. the nature of supervision required in each case;
3. the number and ages of the child(ren) to be supervised during an event;
4. the physical, developmental, and emotional needs of the child(ren), including whether there are any special needs of the child(ren);
5. the number of people, as provided in the Order of Appointment, visiting the child during the event;  
6. the duration and location of the event; and
7. the experience of the provider.

4. Intake Procedures

All professional parenting time supervisors shall do each of the following, prior to commencing any supervised parenting time. 

a. Prepare a written agreement to be signed by the parties. 

The agreement must inform each party: 

1. of the hourly rate/fee to be charged and for what service (e.g., intake, parenting time event, testimony)
2. whether the fee must be paid before the parenting time event;
3. the terms and conditions of supervised parenting time per the Order of Appointment, including the reasons that a temporary suspension or termination of parenting time may occur;
4. that no confidential privilege exists among the supervisor and the parties and the child(ren);
5. that no discussions of any court matters or DCF cases involving the parties and/or the parties’ children are allowed during a parenting time event; and
6. that the supervisor is required to follow G. L. c. 119A, § 51A, which is the mandated reporter law, and report suspected abuse or neglect of the child(ren) to DCF.

The signed agreement must be provided to the parties. The supervisor shall keep a copy of the agreement for 7 years. If the parties do not sign Page 13 of 18 the agreement, the supervised parenting time may not begin and the Court Liasion listed in the Order of Appointment must be informed.

b. Conduct an intake and screening to assess the capacity of the supervisor to perform the service as ordered. 

The procedures for intake should include separate interviews with each party. 

c. Include each child in the intake or orientation process, if the child is of sufficient age and capacity. 

Any discussion should be presented to the child in a manner appropriate to the child’s developmental stage. 

d. Obtain and review the documents/records as noted in the Order of Appointment from the parties/attorneys during the intake and screening process.

5. Safety Considerations For Sexual Abuse Cases

In cases where sexual abuse has been considered in ordering supervised parenting time, the following additional terms and conditions are applicable to all professional parenting time supervisors unless otherwise ordered by the Court. 

The professional parenting time supervisor shall not allow:

1. the exchange of gifts, money, or cards;
2. photographing, audio taping, or videotaping of the child(ren) or posting same on social media;
3. the following physical contact with the child(ren): lap sitting, hair combing, stroking, prolonged hugging, wrestling, tickling, horse playing, or changing diapers;
4. the parent being supervised to accompany the child(ren) to the bathroom;
5. allow whispering, passing notes, hand signals, or body signals; and
6. supervised parenting time in the location where the alleged sexual abuse occurred or is alleged to have occurred.

6. Filing Requirement and Access to Case File Documents Filed with the Court

If ordered by the Court or requested by a party, the attorney for either party, or the attorney for the child, the Supervised Parenting Time Log and any other documents from the supervisor’s case file must be filed and docketed with the Court and will be impounded. Only facts, observations, and direct statements should be contained in the documents. Any opinions or recommendations shall be redacted prior to filing, unless otherwise ordered by the Court and the original, unredacted log shall be retained by the professional parenting time supervisor.

A copy of any document filed with the Court shall be available at the Court, for reading only, by any attorney of record or pro se litigant, unless otherwise ordered by the Court. 

Absent a court order, any identifying information about the parties and the child(ren), including addresses, telephone numbers, places of employment, and schools, is confidential, should not be disclosed, and should be redacted from documents before filing them.

7. Confidentiality and Access to Case File Documents Not Filed with the Court

Communications between/among the parties, the child(ren) and the professional parenting time supervisor are not protected by any privilege. 

The professional parenting time supervisor should, whenever possible, maintain confidentiality regarding the case and the case file except when: 

1. ordered by the Probate and Family Court;
2. subpoenaed to produce records or testify;
3. requested by a guardian ad litem in conjunction with a court-ordered investigation or evaluation and it is ordered by the Probate and Family Court;
4. required by DCF as a result of a G. L. c. 119, § 51B investigation; or
5. requested by law enforcement pursuant to a valid subpoena. 

Any identifying information about the parties and the child(ren), including addresses, telephone numbers, places of employment, and schools, is confidential, should not be disclosed, and should be redacted from documents before releasing them as authorized above to any attorney, attorney for the child, party, mediator, evaluator, mental health professional, or social worker, except as required in reporting suspected child abuse.