EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0017*
SENATE BILL 17
D4, D1 2lr0998
SB 675/21 – JPR (PRE–FILED) CF 2lr0999
By: Senator West
Requested: October 28, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Child Custody – Cases Involving Child Abuse or Domestic Violence – Training 2
for Judges 3
FOR the purpose of requiring the Maryland Judiciary, in consultation with domestic 4
violence and child abuse organizations, to develop a training program for judges 5
presiding over child custody cases involving child abuse or domestic violence; 6
requiring a judge who hears child custody cases involving child abuse or domestic 7
violence to receive certain child custody training or continued training; and generally 8
relating to the training of judges for child custody cases involving child abuse or 9
domestic violence. 10
BY adding to 11
Article – Family Law 12
Section 9–101.3 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Family Law 18
9–101.3. 19
(A) THE MARYLAND JUDICIARY, IN CONSULTATION WITH DOMESTIC 20
VIOLENCE AND CHILD A BUSE ORGANIZATIONS , SHALL: 21
(1) DEVELOP A TRAINING P ROGRAM FOR JUDGES PR ESIDING OVER 22
CHILD CUSTODY CASES INVOLVING CHILD ABUS E OR DOMESTIC VIOLEN CE; AND 23 2 SENATE BILL 17
(2) REVIEW AND UPDATE TH E TRAINING PROGRAM A T LEAST ONCE 1
EVERY 2 YEARS. 2
(B) THE TRAINING PROGRAM DESCRIBED UNDER SUBS ECTION (A) OF THIS 3
SECTION SHALL INCLUD E TRAINING ON: 4
(1) THE TYPICAL BRAIN DE VELOPMENT OF INFANTS AND CHILDREN ; 5
(2) THE IMPACT OF ADVERS E CHILDHOOD EXPERIEN CES, TRAUMA, 6
COMPLEX TRAUMA , AND CHRONIC TO XIC STRESS ON A CHIL D’S BRAIN 7
DEVELOPMENT AND THE WAYS THAT A CHILD ’S RESPONSE TO TRAUMA VARIES; 8
(3) THE PROCESS FOR INVE STIGATING A REPORT O F SUSPECTED 9
CHILD ABUSE OR CHILD SEXUAL ABUSE , INCLUDING: 10
(I) THE ROLE OF CHILD AD VOCACY CENTERS AND FORENSIC 11
INTERVIEWS; 12
(II) THE LIMITATIONS OF L OCAL DEPARTMENTS OF SOCIAL 13
SERVICES IN INVESTIG ATING REPORTS OF SUS PECTED CHILD ABUSE A ND CHILD 14
SEXUAL ABUSE ; AND 15
(III) THE LIMITATIONS OF T HE INVESTIGATION PRO CESS, 16
INCLUDING THAT CHILD ABUSE AND CHILD SEXUAL ABUSE MAY HAV E OCCURRED 17
EVEN WITHOUT AN INDI CATED FINDING OF ABU SE, ANY PHYSICAL EVIDENC E OF 18
ABUSE, OR A VERBAL DISCLOSU RE OF ABUSE BY THE C HILD; 19
(4) THE DYNAMICS AND EFF ECTS OF CHILD SEXUAL ABUSE, 20
INCLUDING GROOMING B EHAVIORS AND THE DIS CLOSURE OF CHILD SEXUAL ABUS E 21
BASED ON THE DEVELOP MENTAL STAGES OF THE CHILD, INCLUDING DELAYED 22
DISCLOSURE; 23
(5) THE DYNAMICS AND EFF ECTS OF PHYSICAL AND EMOTIONAL 24
CHILD ABUSE; 25
(6) THE DYNAMICS AND EFF ECTS OF DOMESTIC VIO LENCE, 26
INCLUDING COERCIVE C ONTROL, LETHALITY ASSESSMENTS , LITIGATION ABUSE , 27
AND THAT DOMESTIC VI OLENCE CAN OCCUR WIT HOUT A PARTY SEEKING OR 28
OBTAINING A PROTECTI VE ORDER OR WITHOUT DOCUMENTED EVIDENCE OF ABUSE; 29
(7) THE IMPACT OF EXPOSU RE TO DOMESTIC VIOLE NCE ON 30
CHILDREN AND THE IMP ORTANCE O F CONSIDERING THE IM PACT OF EXPOSURE TO 31 SENATE BILL 17 3
DOMESTIC VIOLENCE ON CHILDREN WHEN MAKING CHILD CUSTODY AND 1
VISITATION DECISIONS ; 2
(8) THE POTENTIAL IMPACT S OF EXPLICIT AND IM PLICIT BIAS ON 3
CHILD CUSTODY DECISI ONS; 4
(9) BEST PRACTICES TO EN SURE THAT REASONABLE AND FEASIBLE 5
PROTECTIVE MEASURES ARE TAKEN TO REDUCE THE RISK OF TRAUMATI ZING OR 6
RETRAUMATIZING A CHI LD THROUGH THE COURT PROCESS, INCLUDING AVAILABLE 7
METHODS TO OBTAIN RE LEVANT INFORMATION W ITHOUT THE NECESSITY OF 8
REPEATED, DETAILED TESTIMONY F ROM THE CH ILD; 9
(10) AVAILABLE PROTECTION S FOR FAMILIES , INCLUDING THE 10
SEALING OF RECORDS ; 11
(11) PARENTAL ALIENATION , INCLUDING: 12
(I) THE ORIGINS OF PAREN TAL ALIENATION ; 13
(II) THE INVALIDITY OF PA RENTAL ALIENATION AS A 14
SYNDROME; AND 15
(III) THE INAPPROPRIATENESS OF THE USE OF PARENTAL 16
ALIENATION IN CHILD CUSTODY CASES ; 17
(12) THE LIMITATIONS OF S EXUAL OFFENDER EVALU ATIONS AND RISK 18
ASSESSMENTS ; 19
(13) THE TOOLS COURTS CAN USE TO ASSESS THE CR EDIBILITY OF A 20
CHILD WITNESS AND IN FORMATION ON HOW C HILD THERAPY METHODS , INCLUDING 21
EXPRESSIVE ARTS , ARE LEGITIMATE THERA PEUTIC TOOLS TO MEAS URE THE 22
DEGREE OF TRAUMATIC IMPACT AND THE EFFEC TIVENESS OF THERAPEU TIC AND 23
SYSTEM INTERVENTION ; 24
(14) THE CORRELATION BETW EEN CHILD SEXUAL ABU SE AND CHILD 25
PORNOGRAP HY; AND 26
(15) STANDARDS FOR THE KN OWLEDGE, EXPERIENCE, AND 27
QUALIFICATIONS OF CH ILD SEXUAL ABUSE EVA LUATORS AND TREATMEN T 28
PROVIDERS AND THE LE GAL AND ETHICAL CONS IDERATIONS OF APPOIN TING AN 29
UNQUALIFIED CHILD SE XUAL ABUSE EVALUATOR OR ALLOWING AN EVALU ATOR TO 30
PRACTICE OUTSIDE THE EVALUATOR’S FIELDS OF EXPERTIS E. 31
4 SENATE BILL 17
(C) (1) AN ORGANIZATION PROVI DING TRAINING UNDER SUBSECTION (B) 1
OF THIS SECTION ON CHILD ABUSE MUST HAVE AT LEAST 3 YEARS’ EXPERIENCE IN 2
TRAINING PROFESSIONA LS ON CHILD ABUSE OR HAVE PERSONNEL OR PL ANNING 3
COMMITTEE MEMBERS WH O HAVE AT LEAST 5 YEARS’ EXPERIENCE IN WORKIN G 4
DIRECTLY IN THE FIEL D OF CHILD ABUSE PRE VENTION AND TREATMEN T. 5
(2) AN ORGANIZAT ION PROVIDING TRAINI NG UNDER SUBSECTION (B) 6
OF THIS SECTION ON D OMESTIC VIOLENCE MUST HAVE AT LEAST 3 YEARS’ 7
EXPERIENCE IN TRAINI NG PROFESSIONALS ON DOMESTIC VIOLENCE OR HAVE 8
PERSONNEL OR PLANNIN G COMMITTEE MEMBERS WHO HAVE AT LEAST 5 YEARS’ 9
EXPERIENCE IN WORKING DIRECTLY IN THE FIELD OF DOMESTI C VIOLENCE 10
PREVENTION AND TREAT MENT. 11
(D) THE MARYLAND JUDICIARY SHALL ADOPT PROCEDURES , INCLUDING 12
THE UNIFORM SCREENIN G OF INITIAL PLEADIN GS, TO IDENTIFY CHILD CU STODY 13
CASES THAT MAY INVOL VE CHILD ABUSE OR DO MESTIC VIOLENCE AS SOON A S 14
POSSIBLE TO ENSURE T HAT ONLY JUDGES WHO HAVE RECEIVED TRAINI NG UNDER 15
THIS SECTION ARE ASS IGNED THOSE CASES . 16
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18
Article – Family Law 19
9–101.3. 20
(E) (1) WITHIN A JUDGE ’S FIRST YEAR OF PRES IDING OVER CHILD 21
CUSTODY CASES INVOLV ING CHILD ABUSE OR D OMESTIC VIOLENCE , THE JUDGE 22
SHALL RECEIVE AT LEAST 20 HOURS OF INITIAL TRA INING APPROVED BY TH E 23
MARYLAND JUDICIARY THAT MEETS THE REQUIREMENTS OF SUBSECTION (B) OF 24
THIS SECTION. 25
(2) A JUDGE WHO HAS RECEIV ED THE INITIAL TRAIN ING UNDER 26
PARAGRAPH (1) OF THIS SUBSECTION A ND WHO CONTINUES TO PRESIDE OVER 27
CHILD CUSTODY CASES INVOLVING CHILD ABUS E OR DOMESTIC VIOLEN CE SHALL 28
RECEIVE AT LEAST AN ADDITIONAL 5 HOURS OF TRAIN ING THAT MEETS THE 29
REQUIREMENTS OF SUBS ECTION (B) OF THIS SECTION EVER Y 2 YEARS. 30
(3) A JUDGE WHO IS ASSIGNE D TO PRESIDE OVER A CHILD CUSTODY 31
CASE INVOLVING CHILD ABUSE OR DOMESTIC VI OLENCE MORE THAN 3 YEARS AFTER 32
RECEIVING THE INITIA L TRAINING DESCRIBED UNDER PARAGRAPH (1) OF THIS 33
SUBSECTION SHALL REG ISTER FOR AND ATTEND THE NEXT OFFERED INI TIAL 34
TRAINING. 35
SENATE BILL 17 5
(4) THE MARYLAND JUDICIARY SHALL REPOR T THE NAME OF A 1
JUDGE WHO DOES NOT C OMPLY WITH THE TRAIN ING REQUIREMENTS OF THIS 2
SUBSECTION TO THE COMMISSION ON JUDICIAL DISABILITIES. 3
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 4
effect July 1, 2024. 5
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 6
3 of this Act, this Act shall take effect July 1, 2022. 7