[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 72 Received in Senate (RDS)]

<DOC>
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.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.