Received in Senate (09/26/2018)
115th CONGRESS
2d Session |
H. CON. RES. 72
IN THE SENATE OF THE UNITED STATES
September 26, 2018
Received
CONCURRENT RESOLUTION
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.
Digest KeyBill Text
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.
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REVISIONS: Heading—Line 2.
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