H.Con.Res 72 expresses the sense of Congress that child safety is the first priority of custody and parenting adjudications, and courts should resolve safety risks and claims of family violence before assessing other best interest factors. In addition, it expresses that 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, specify requirements for the contents of such professional reports, and require courts to find that any appointed professionals meet those standards; and also that 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.
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Sep 25, 2018.
Expresses the sense of Congress that:
child safety is the first priority of custody and parenting adjudications, and courts should resolve safety risks and claims of family violence before assessing other best interest factors; all evidence admitted in custody and parenting adjudications should be subject to evidentiary admissibility standards; 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; states should define required standards of expertise and experience for appointed fee-paid professionals who provide evidence to the court on behaviors of abuse victims and perpetrators, specify requirements for the contents of such professional reports, and require courts to find that any appointed professionals meet those standards; 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 Congress should schedule hearings on family courts' practices with regard to children's safety and civil rights.
