[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
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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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