[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 150 Introduced in House (IH)]

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114th CONGRESS
  2d Session
H. CON. RES. 150

    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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2016

 Mr. Poe of Texas submitted the following concurrent resolution; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                         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 visitation 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 
        if the perpetrator has not previously abused the child;
Whereas researchers have documented 175 instances of children killed in a 2-year 
        period by parents involved in divorce, separation, custody, visitation, 
        or child support proceedings, and hundreds more over a period of 
        approximately seven years, often after access was provided by custody 
        courts over the objections of a protective parent;
Whereas scientifically unsound theories such as parental alienation syndrome, 
        enmeshment, and others are frequently applied to reject women's 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 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;
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, on top 
        of attorneys' fees; and
Whereas the Inter-American Commission on Human Rights found that the United 
        States is failing in its legal obligation to protect women and children 
        from domestic violence: 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 
        visitation adjudications, and courts should resolve safety 
        risks and claims of family violence first, as a fundamental 
        consideration, before assessing other best interest factors;
            (2) quasi-scientific evidence should be admitted by courts 
        only when it meets admissibility standards for scientific 
        evidence;
            (3) evidence from court-affiliated or appointed fee-paid 
        professionals regarding adult or child abuse allegations in 
        custody cases should be considered 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 adjudication 
        of children's safety and civil rights.
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