Columnist Sandy Thompson: Don’t let hurdles block Donna’s House

Sandy Thompson

Friday, Jan. 18, 2002 | 4:37 a.m.

A PILOT PROJECT set to begin last November to provide for the safe exchange of children in certain contentious custody and abuse cases has yet to get off the ground.

After working for more than a year on the project, Family Court officials last fall contracted with Palo Verde Child and Family Services to open a home-like facility for the exchange of children for visitation. It also would provide a safe, appropriate setting for supervised visitation in certain domestic violence and child abuse and neglect cases. Court-ordered supervised visitation between children and their parents can be costly. Under the project, it would be $5 per person per visit.

The facility was named Donna's House, in memory of Donna Hernandez, a Family Court clerk who was murdered by her abusive ex-husband in front of their then 3-year-old daughter. Staff for the project was hired and trained, and Donna's House was set to open Nov. 1 in a home in the Sahara-Torrey Pines area. However, snags developed in obtaining the necessary permits and ensuring the facility met specifications of the Americans with Disabilities Act. In short, it would have cost a ton of money to meet the specifications, which was not an economical option for a one-year pilot project.

Rather than open Donna's House at a less-suitable site, Palo Verde has been working with the home's owner, who is leasing the property to the program. The owner will take care of some of the renovations. On Feb. 7 the Zoning Commission will consider granting Donna's House a special-use permit so it can open -- hopefully by March 1.

Dr. Laura Birholtz of Palo Verde and Christina Chandler, assistant court administrator, will be walking the area around Donna's House to talk to neighbors about the project.

Initially, Donna's House will be open only on Fridays, Saturdays and Sundays for visitation exchanges and on Saturdays for supervised visitation.

This project is long overdue. It would alleviate some of the problems when hostile parents exchange their children for visitation, which typically occurs at McDonald's or police stations. It not only would benefit children caught in the crossfire of warring parents, but should cut down on police calls regarding contentious custody matters.

The latter has become such a concern that Family Court judges have formed a committee, with representation from Metro Police, to come up with a practical system to deal with contested custody matters outside the courtroom. Litigants have told judges that the police will not enforce their custody orders.

District Attorney Stewart Bell said Metro does not have the time or the manpower to handle disputes over visitation and custody arrangements.

"Typically, the top priority of Metro is domestic violence, which may be lethal," Bell told the judges at a recent meeting. "People are fighting. The police want to protect the kids. They can't settle a dispute (over visitation or custody)."

Parents may show police two different court orders (with two different dates). It's not up to the police to play judge and determine which order is correct.

"If a judge says he needs an officer to pick up a child for Child Haven, the police will respond," Bell said. "If a citizen calls up and says a child is five minutes late (from being returned to the custodial parent), they will not dispatch anyone."

Donna's House would go a long way toward taking the hostility and stress out of these situations. A custodial parent would drop off a child at the facility and leave. The non-custodial parent, located in a different area of the facility, would then take the child for visitation. There would be no chance for an exchange of angry words or physical fighting as sometimes is the case.

It's sad that such a facility is needed because adults can't be civil to each other, especially in front of their children. But that's the reality Family Court and police officers deal with routinely.

Donna's House is a well-thought-out project that ultimately will benefit children. Let's hope it can clear the remaining hurdles.