III 

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 


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HCON 72 RDS 

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; 


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HCON 72 RDS 

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 feepaid 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 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that— 

3 (1) child safety is the first priority of custody 

4 and parenting adjudications, and courts should re5 solve safety risks and claims of family violence first, 

6 as a fundamental consideration, before assessing 

7 other best interest factors; 

8 (2) all evidence admitted in custody and par9 enting adjudications should be subject to evidentiary 

10 admissibility standards; 

11 (3) evidence from court-affiliated or appointed 

12 fee-paid professionals regarding adult or child abuse 

13 allegations in custody cases should be admitted only 

14 when the professional possesses documented experVerDate Sep 11 2014 03:50 Oct 12, 2018 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HC72.RDS HC72

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HCON 72 RDS 

1 tise and experience in the relevant types of abuse, 

2 trauma, and the behaviors of victims and perpetra3 tors; 

4 (4) States should define required standards of 

5 expertise and experience for appointed fee-paid pro6 fessionals who provide evidence to the court on 

7 abuse, trauma and behaviors of victims and per8 petrators, should specify requirements for the con9 tents of such professional reports, and should re10 quire courts to find that any appointed professionals 

11 meet those standards; 

12 (5) States should consider models under which 

13 court-appointed professionals are paid directly by 

14 the courts, with potential reimbursement by the par15 ties after due consideration of the parties’ financial 

16 circumstances; and 

17 (6) Congress should schedule hearings on fam18 ily courts’ practices with regard to the objective, 

19 fair, and unbiased adjudication of children’s safety 

20 and civil rights. 

Passed the House of Representatives September 25, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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