The Basic Definitions
A nonprofessional provider is a person who is not paid for providing supervised visitation services. A professional provider includes a person who is paid, as well as an independent contractor, employee, intern, or volunteer operating independently or through a supervised visitation center or agency.
Professional Provider Requirements
Professional providers must satisfy the full set of statutory qualifications, including the 24-hour education requirement, Live Scan, TrustLine registration, the professional-provider declaration, and the additional professional duties involving contracts, order review, records, reporting, and written reasons for suspension or termination.
Nonprofessional Provider Requirements
Unless otherwise ordered or stipulated, nonprofessional providers must satisfy the requirements that apply to unpaid supervision, including specified criminal-history restrictions, automobile insurance when transporting the child, no current or prior order in which the provider was supervised, agreement to enforce the order, and the applicable nonprofessional declaration.
Why Paid Status Is Not the Only Practical Difference
A professional provider is expected to operate with structured intake, written procedures, neutrality, objective records, safety protocols, and accountability. A friend or relative serving without pay may not have the same professional infrastructure, although all providers must prioritize safety and follow the court order.
Who Chooses the Provider Type?
The court determines the manner of supervision and may consider the circumstances, resources, risk factors, and the child’s best interest. In cases where the court has determined there is domestic violence or child abuse or neglect and supervision is necessary, the court must consider whether to use a professional or nonprofessional provider based on the child’s best interest.
Do not assume that “volunteer” means nonprofessional. The statutory professional-provider definition can include an intern or volunteer operating independently or through a center or agency.