Amends TCA Title 36 and Title 37.

ON MARCH 25, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2760, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the following changes to the present law relevant to child custody. CHILD CUSTODY In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, present law requires the determination to be made on the basis of the best interest of the child. In taking into account the child’s best interest, the court must order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child, the location of the residences of the parents, the child’s need for stability and all other relevant factors. The court must consider, along with several other factors, evidence of physical or emotional abuse to the child, to the other parent or to any other person. The court must, where appropriate, refer any issues of abuse to juvenile court for further proceedings. This amendment revises the present law and, instead, requires the court to consider evidence of physical or emotional abuse to the child, to the other parent, or to any other person, including the child's siblings. The court may, where appropriate, refer any issues of abuse to juvenile court for further proceedings. As required by the existing law regarding a permanent parenting plan, only if the limitations of the existing law regarding a permanent parenting plan are not dispositive of the child's residential schedule, then this amendment requires the court to consider the factors found in the present law relevant to child custody regarding making a determination based on the best interest of the child. REQUIRED TRAINING FOR JUDGES Present law requires all judges involved in child custody proceedings 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. This amendment adds to the present law by requiring the training to (i) be provided by a judge or retired judge with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse or a professional with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; and (ii) rely on evidence-based research by recognized experts in the listed topics. This amendment also requires a court to take into account the training required by the present law above in a custody proceeding. REUNIFICATION TREATMENT This amendment prohibits the court from ordering reunification treatment to reestablish a relationship with a parent or caregiver if a court has made findings against the parent or caregiver (i) that a parent has engaged in willful abandonment that continues for an extended period of time or substantial refusal to perform parenting responsibilities, or physical or sexual abuse or a pattern of emotional abuse of the parent, child or of another person living with that child; (ii) if a parent, or if a parent resides with an adult who, has been convicted as an adult of a sexual offense or has been found to be a sexual offender; or (iii) relating to severe child abuse, unless the court finds that reunification efforts are in the best interest of the child. The court must file written findings of fact that are the basis of its conclusions on that issue in the order addressing reunification. An order of reunification must not cut off contact with a parent who is non-abusive. In any proceeding in which a court makes an initial custody or custody modification determination after a court has made findings against a parent or caregiver as mentioned in the provision above, then this amendment prohibits the court from issuing an order restoring parenting time of the child to the parent or caregiver unless the court finds that the child will not be subject to further abuse or harm. The court must file written findings of fact that are the basis of its conclusions on that issue in the order addressing parenting time. However, if the court made findings against the parent or as mentioned in the provisions above and finds that reunification efforts are in the best interest of the child, then the court may order reunification treatment to reestablish a relationship with a parent or caregiver. The court must consider the safety of the child during and after reunification treatment and must file written findings of fact that are the basis of its conclusions on the issues of reunification treatment and the child's safety within 30 days of the close of the hearing or, if an appeal or petition for certiorari is filed, within five days thereafter, excluding Sundays. An order of reunification must not cut off contact with a parent who is non-abusive.