Received in Senate (09/26/2018)
H. CON. RES. 72
IN THE SENATE OF THE UNITED STATES
September 26, 2018
Expressing the sense of Congress that child safety is the first priority of custody and visitation adjudications, and that State courts should improve adjudications of custody where family violence is alleged.
Whereas approximately 15 million children are exposed each year to domestic violence and/or child abuse, which are often linked;
Whereas child sexual abuse is significantly under-documented, and under-addressed in the legal system;
Whereas child abuse is a major public health issue in the United States, with total lifetime estimated financial costs associated with just one year of confirmed cases of child maltreatment (including physical abuse, sexual abuse, psychological abuse and neglect) amounting to approximately $124 billion;
Whereas according to the Centers for Disease Control and Prevention, federally launched, funded and tracked longitudinal research into “adverse childhood experiences” (the ACEs study) has shown that “children who experience abuse and neglect are also at increased risk for adverse health effects and certain chronic diseases as adults, including heart disease, cancer, chronic lung disease, liver disease, obesity, high blood pressure, high cholesterol, and high levels of C-reactive protein”;
Whereas research confirms that allegations of domestic violence, child abuse, and child sexual abuse are often discounted when raised in child custody litigation;
Whereas research shows that abusive parents are often granted custody or unprotected parenting time by courts, placing children at ongoing risk;
Whereas research confirms that a child’s risk of abuse increases after a perpetrator of domestic violence separates from a domestic partner, even when the perpetrator has not previously abused the child;
Whereas researchers have documented a minimum of 653 children murdered in the United States since 2008 by a parent involved in a divorce, separation, custody, visitation, or child support proceeding, often after access was provided by family courts over the objections of a protective parent;
Whereas scientifically unsound theories are frequently applied to reject parents’ and children’s reports of abuse;
Whereas in cases involving allegations of family violence courts should rely on the assistance of third-party professionals only when they possess the proper experience or expertise for assessing family violence and trauma, and apply scientifically sound and evidence-based theories;
Whereas most States lack standards defining required expertise and experience for court-affiliated or appointed fee-paid professionals in custody litigation or the required contents of custody-related expert reports; and
Whereas custody litigation involving abuse allegations is sometimes prohibitively expensive, resulting in parental bankruptcy, as a result of court-mandated payments to appointed fee-paid professionals, in addition to attorneys’ fees: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that—
(1) child safety is the first priority of custody and parenting adjudications, and courts should resolve safety risks and claims of family violence first, as a fundamental consideration, before assessing other best interest factors;
(2) all evidence admitted in custody and parenting adjudications should be subject to evidentiary admissibility standards;
(3) evidence from court-affiliated or appointed fee-paid professionals regarding adult or child abuse allegations in custody cases should be admitted only when the professional possesses documented expertise and experience in the relevant types of abuse, trauma, and the behaviors of victims and perpetrators;
(4) States should define required standards of expertise and experience for appointed fee-paid professionals who provide evidence to the court on abuse, trauma and behaviors of victims and perpetrators, should specify requirements for the contents of such professional reports, and should require courts to find that any appointed professionals meet those standards;
(5) States should consider models under which court-appointed professionals are paid directly by the courts, with potential reimbursement by the parties after due consideration of the parties’ financial circumstances; and
(6) Congress should schedule hearings on family courts’ practices with regard to the objective, fair, and unbiased adjudication of children’s safety and civil rights.
Passed the House of Representatives September 25, 2018.
CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION
Relative to Piqui’s Resolution.
LEGISLATIVE COUNSEL'S DIGEST
HR 113, as amended, Rubio.
WHEREAS, According to the California Partnership to End Domestic Violence, one-half of the approximately 15,000 victims sheltered in California’s state-funded domestic violence programs each year are children and 75 percent of domestic violence victims have children; and
WHEREAS, The United States Department of Justice estimates that in 30 to 60 percent of families where either domestic violence or child maltreatment is identified, children experience both forms of abuse within the home; and
WHEREAS, According to the federal Centers for Disease Control and Prevention (CDC), child abuse is a major public health issue, with a lifetime cost of over $200,000 for each victim; and
WHEREAS, According to the CDC, children who experience adverse childhood experiences, also known as ACEs, including abuse, are at an increased risk for chronic, adverse physical health effects as adults; and
WHEREAS, According to the UCLA Women’s Law Journal, research shows that victims of domestic violence are at a great disadvantage in child custody disputes and mediations when there is an allegation of domestic violence; and
WHEREAS, According to the Domestic Violence Legal Empowerment and Appeals Project, abusive parents, including those who are accused and adjudicated batterers, tend to be granted sole custody or joint custody by the courts, placing children at risk; and
WHEREAS, Article I of the California Constitution declares that all people have the inalienable right to pursue and obtain safety. A child’s safety should be a priority over all other considerations; and
WHEREAS, Court reporters should be present to create records in all family law matters, particularly in domestic violence and contested custody cases; now, therefore, be it
Resolved by the Assembly of the State of California, That all court-related professionals should be trauma-informed and trained in recognizing, evaluating, and understanding evidence and the impacts of domestic violence and child abuse; and be it further
Resolved, That a court reporter should record all hearings in domestic violence and contested custody cases, and all litigants should have access to the court records; and be it further
Resolved, That when a child witnesses domestic violence or
Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the California Supreme Court, the Judicial Council, and the author for appropriate distribution.