115TH CONGRESS 
2D SESSION 
H. CON. RES. 72 
CONCURRENT RESOLUTION 
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-docu-
mented, and under-addressed in the legal system; 
Whereas child abuse is a major public health issue in the 
United 
States, 
with 
total 
lifetime 
estimated
•HCON 72 EH 
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 longi-
tudinal research into ‘‘adverse childhood experiences’’ 
(the ACEs study) has shown that ‘‘children who experi-
ence abuse and neglect are also at increased risk for ad-
verse health effects and certain chronic diseases as 
adults, including heart disease, cancer, chronic lung dis-
ease, liver disease, obesity, high blood pressure, high cho-
lesterol, and high levels of C-reactive protein’’; 
Whereas research confirms that allegations of domestic vio-
lence, child abuse, and child sexual abuse are often dis-
counted when raised in child custody litigation; 
Whereas research shows that abusive parents are often grant-
ed custody or unprotected parenting time by courts, plac-
ing children at ongoing risk; 
Whereas research confirms that a child’s risk of abuse in-
creases 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, visita-
tion, or child support proceeding, often after access was 
provided by family courts over the objections of a protec-
tive parent; 
Whereas scientifically unsound theories are frequently applied 
to reject parents’ and children’s reports of abuse;
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Whereas in cases involving allegations of family violence 
courts should rely on the assistance of third-party profes-
sionals 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 exper-
tise 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 re-
solve 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 par-
enting 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 exper-
•HCON 72 EH 
tise and experience in the relevant types of abuse, 
trauma, and the behaviors of victims and perpetra-
tors; 
(4) States should define required standards of 
expertise and experience for appointed fee-paid pro-
fessionals who provide evidence to the court on 
abuse, trauma and behaviors of victims and per-
petrators, should specify requirements for the con-
tents of such professional reports, and should re-
quire 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 par-
ties after due consideration of the parties’ financial 
circumstances; and 
(6) Congress should schedule hearings on fam-
ily 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: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. CON. RES. 72 
CONCURRENT RESOLUTION 
Expressing the sense of Congress that child safety 
is the first priority of custody and visitation ad-
judications, and that State courts should improve 
adjudications of custody where family violence is 
alleged.