Amends TCA Title 36 and Title 37.

This bill prohibits a parent in a child custody proceeding from being penalized for making a good faith complaint about domestic violence or child abuse. This bill prohibits a court from removing the child from a parent or other party during a child custody proceeding in order to improve a deficient relationship with the allegedly abusive other parent of a child if the parent or other party is competent, protective of the child, and not physically or sexually abusive; and the person with whom the child is bonded or to whom the child is attached.<br /> <br /> EXPERT EVIDENCE<br /> <br /> This bill provides that, in a child custody proceeding in which a parent has been alleged to have committed domestic violence or child abuse, expert evidence from a court-appointed or outside professional relating to the alleged abuse can only be admitted if the professional demonstrates expertise and clinical experience in working with victims of domestic violence or child abuse that is not solely of a forensic nature. The court is authorized to consider any evidence of past sexual or physical abuse committed by the accused parent, in addition to any other relevant admissible evidence, including any past or current orders of protection against the accused parent; arrests of the accused parent for domestic violence, sexual violence, or child abuse; and convictions of the accused parent for domestic violence, sexual violence, or child abuse. <br /> <br /> EVIDENTIARY HEARING<br /> <br /> This bill requires that, in a child custody proceeding, before the appointment of a guardian ad litem, evaluator, or other neutral professional, the court must conduct an evidentiary hearing, if requested, to determine if one of the parties has engaged in a pattern of domestic violence or child abuse. If the court finds probable cause of domestic violence of child abuse and the child's other parent is safe, then the court must award full custody to the other parent. The court must not order custody to the abusive parent, and, if the court orders visitation with the abusive parent, then the visitation must be supervised by a professional. If the court does not find a pattern of domestic violence or child abuse, then this finding does not prevent the court from considering additional evidence of domestic violence later in the case. <br /> <br /> EVIDENCE-BASED, SCIENTIFIC RESEARCH<br /> <br /> This bill requires that, in a custody proceeding, the court must apply current, valid, evidence-based, scientific, and peer-reviewed research concerning the types of abuse alleged to help inform the court's decisions in all cases where domestic violence, child abuse, and child sexual abuse are raised during the course of the custody litigation. A court must not permit practices or approaches that do not have scientific bases and are not accepted practice within the specialized field of practice of domestic violence, child abuse, or child sexual abuse. <br /> <br /> REUNIFICATION TREATMENTS<br /> <br /> This bill prohibits courts from ordering a reunification treatment in a child custody proceeding, unless there is scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment. A court is also prohibited from ordering a reunification treatment that is predicated on cutting off the child from a parent with whom the child is bonded or to whom the child is attached. An order to remediate the resistance of a child to have contact with an accused violent or abusive parent must primarily address the behavior of the accused parent or the contributions of that parent to the resistance of the child before ordering the other parent of the child to take steps to potentially improve the relationship of the child with the accused parent.<br /> <br /> COURT PERSONNEL TRAINING<br /> <br /> This bill requires all court personnel involved in child custody proceedings, including judges, judicial commissioners, and magistrates, to complete at least 20 hours of initial domestic violence and child abuse training, and at least 15 hours of ongoing training every five years. This requirement applies to any professional appointed by the court during a child custody proceeding to express an opinion relating to abuse, trauma, or the behaviors of victims and perpetrators of abuse and trauma. The administrative office of the courts must develop a training program that is designed to improve the courts' ability to recognize and respond to child physical and sexual abuse, domestic violence, and trauma in all family victims, particularly children, and make appropriate custody decisions that prioritize child safety and well-being and are culturally sensitive and appropriate for diverse communities. The training must meet the following requirements: <br /> <br /> (1) Focus on domestic and sexual violence and child abuse;<br /> <br /> (2) Be provided by a professional with substantial experience in assisting survivors of domestic violence or child abuse, including at least one victim service provided, and, if possible, a survivor of domestic violence or child physical or sexual abuse; <br /> <br /> (3) Rely on evidence-based and peer-reviewed research by recognized experts in the types of abuse above; and <br /> <br /> (4) Not include theories, concepts, or belief systems unsupported by evidence-based, scientific, and peer-reviewed research.<br /> <br /> ON APRIL 12, 2023, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 722, AS AMENDED.<br /> <br /> AMENDMENT #2 rewrites the provisions of this bill relative to court personnel training, and, instead, provides the following:<br /> <br /> (1) All judges involved in child custody proceedings are required to complete at least two hours of training or continuing education courses on domestic violence or child abuse per year or 10 hours per five years;<br /> <br /> (2) The training or continuing education courses may include the following topics: child sexual abuse; physical abuse; emotional abuse; coercive control; implicit and explicit bias, including biases relating to parents with disabilities; trauma; long-term and short-term impacts of domestic violence and child abuse on children; victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence; and any relevant topic addressing the best interest of the victim; and<br /> <br /> (3) The training and continuing education courses may be offered in person or virtually by the administrative office of the courts in conjunction with the annual meetings of the judicial conferences.<br /> <br /> This amendment also changes this bill's effective date to January 1, 2024.<br />