EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0017*
SENATE BILL 17
D4, D1 2lr0998
SB 675/21 – JPR (PRE–FILED) CF HB 561
By: Senator West
Requested: October 28, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 13, 2022
CHAPTER ______
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
2 SENATE BILL 17
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “CHILD ABUSE” HAS THE MEANING STAT ED IN § 5–701 OF THE 3
FAMILY LAW ARTICLE. 4
(3) “DOMESTIC VIOLENCE ” HAS THE MEANING STAT ED IN § 4–701 OF 5
THE FAMILY LAW ARTICLE. 6
(A) (B) THE MARYLAND JUDICIARY, IN CONSULTATION WITH DOMESTIC 7
VIOLENCE AND CHILD A BUSE ORGANIZATIONS , SHALL: 8
(1) DEVELOP A TRAINING P ROGRAM FOR JUDGES PR ESIDING OVER 9
CHILD CUSTODY CASES INVOLVING CHILD ABUS E OR DOMESTIC VIOLEN CE; AND 10
(2) REVIEW AND UPDATE TH E TRAINING PROGRAM A T LEAST ONCE 11
EVERY 2 YEARS. 12
(B) (C) THE TRAINING PROGRAM DESCRIBED UNDER SUBS ECTION (A) (B) 13
OF THIS SECTION SHAL L INCLUDE TRAINING O N: 14
(1) THE TYPICAL BRAIN DEVELOPMENT OF INFAN TS AND CHILDREN ; 15
(2) THE IMPACT OF ADVERS E CHILDHOOD EXPERIEN CES, TRAUMA, 16
COMPLEX TRAUMA , AND CHRONIC TOXIC ST RESS ON A CHILD ’S BRAIN 17
DEVELOPMENT AND THE WAYS THAT A CHILD ’S RESPONSE TO TRAUMA VARIES; 18
(3) THE PROCESS FOR INVE STIGATING A REPORT OF SU SPECTED 19
CHILD ABUSE OR CHILD SEXUAL ABUSE , INCLUDING: 20
(I) THE ROLE OF CHILD AD VOCACY CENTERS AND F ORENSIC 21
INTERVIEWS; 22
(II) THE LIMITATIONS OF L OCAL DEPARTMENTS OF SOCIAL 23
SERVICES IN INVESTIG ATING REPORTS OF SUS PECTED CHILD ABUSE AND CHILD 24
SEXUAL ABUSE ; AND 25
(III) THE LIMITATIONS OF T HE INVESTIGATION PRO CESS, 26
INCLUDING THAT CHILD ABUSE AND CHILD SEXU AL ABUSE MAY HAVE OC CURRED 27
EVEN WITHOUT AN INDI CATED FINDING OF ABU SE, ANY PHYSICAL EVIDENC E OF 28
ABUSE, OR A VERBAL DISCLOSU RE OF ABUSE BY THE CHILD ; 29
(4) THE DYNAMICS AND EFF ECTS OF CHILD SEXUAL ABUSE, 30
INCLUDING GROOMING B EHAVIORS AND THE DIS CLOSURE OF CHILD SEX UAL ABUSE 31 SENATE BILL 17 3
BASED ON THE DEVELOP MENTAL STAGES OF THE CHILD, INCLUDING DELAYED 1
DISCLOSURE; 2
(5) THE DYNAMICS AND EFF ECTS OF PHYSICAL AND EMOTION AL 3
CHILD ABUSE; 4
(6) THE DYNAMICS AND EFF ECTS OF DOMESTIC VIO LENCE, 5
INCLUDING COERCIVE C ONTROL, LETHALITY ASSESSMENT S, LITIGATION ABUSE , 6
AND THAT DOMESTIC VI OLENCE CAN OCCUR WIT HOUT A PARTY SEEKING OR 7
OBTAINING A PROTECTI VE ORDER OR WITHOUT DOCUMENTED E VIDENCE OF ABUSE ; 8
(7) THE IMPACT OF EXPOSU RE TO DOMESTIC VIOLE NCE ON 9
CHILDREN AND THE IMP ORTANCE OF CONSIDERI NG THE IMPACT OF EXP OSURE TO 10
DOMESTIC VIOLENCE ON CHILDREN WHEN MAKING CHILD CUSTODY AND 11
VISITATION DECISIONS ; 12
(8) THE POTENTIAL IMPACTS OF E XPLICIT AND IMPLICIT BIAS ON 13
CHILD CUSTODY DECISI ONS; 14
(9) BEST PRACTICES TO EN SURE THAT REASONABLE AND FEASIBLE 15
PROTECTIVE MEASURES ARE TAKEN TO REDUCE THE RISK OF TRAUMATI ZING OR 16
RETRAUMATIZING A CHI LD THROUGH THE COURT PROCESS, INCLUDING AVAILABLE 17
METHODS TO OBTAIN RE LEVANT INFORMATION W ITHOUT THE NECESSITY OF 18
REPEATED, DETAILED TESTIMONY F ROM THE CHILD ; 19
(10) AVAILABLE PROTECTION S FOR FAMILIES , INCLUDING THE 20
SEALING OF RECORDS ; 21
(11) PARENTAL ALIENATION , INCLUDING: 22
(I) THE ORIGINS OF PARENTAL ALIENATION; 23
(II) THE INVALIDITY OF PA RENTAL ALIENATION AS A 24
SYNDROME; AND 25
(III) THE INAPPROPRIATENES S OF THE USE OF PARE NTAL 26
ALIENATION IN CHILD CUSTODY CASES ; 27
(12) THE LIMITATIONS OF S EXUAL OFFENDER EVALU ATIONS AND RISK 28
ASSESSMENTS; 29
(13) (12) THE TOOLS COURTS CAN USE TO ASSESS THE CR EDIBILITY 30
OF A CHILD WITNESS A ND INFORMATION ON HO W CHILD THERAPY METH ODS, 31
INCLUDING EXPRESSIVE ARTS, ARE LEGITIMATE THERA PEUTIC TOOLS TO MEAS URE 32 4 SENATE BILL 17
THE DEGREE OF TRAUMA TIC IMPACT AND THE E FFECTIVENESS OF THERAPEUTI C 1
AND SYSTEM INTERVENT ION; 2
(14) (13) THE CORRELATION BETW EEN CHILD SEXUAL ABU SE AND 3
CHILD PORNOGRAPHY ; AND 4
(15) (14) STANDARDS FOR THE KN OWLEDGE, EXPERIENCE, AND 5
QUALIFICATIONS OF CH ILD SEXUAL ABUSE EVA LUATORS AND TREATMEN T 6
PROVIDERS AND THE LE GAL AND ETHICAL CONS IDERATIONS OF APPOIN TING AN 7
UNQUALIFIED CHILD SE XUAL ABUSE EVALUATOR OR ALLOWING AN EVALU ATOR TO 8
PRACTICE OUTSIDE THE EVALUATOR’S FIELDS OF EXPERTIS E. 9
(C) (D) (1) AN ORGANIZATION PROVI DING TRAINING UNDER 10
SUBSECTION (B) OF THIS SECTION ON C HILD ABUSE MUST HAVE AT LEAST 3 YEARS’ 11
EXPERIENCE IN TRAINING PROFESSIONA LS ON CHILD ABUSE OR HAVE PERSONNEL 12
OR PLANNING COMMITTEE MEMBERS WH O HAVE AT LEAST 5 YEARS’ EXPERIENCE IN 13
WORKING DIRECTLY IN THE FIEL D OF CHILD ABUSE PRE VENTION AND TREATMENT 14
AN INDIVIDUAL TRAINER OR ORGANIZATION PROV IDING TRAINING ON CH ILD ABUSE 15
UNDER SUBSECTION (C) OF THIS SECTION SHAL L POSSESS OR HAVE PE RSONNEL 16
POSSESSING AT LEAST 5 YEARS’ EXPERIENCE IN DIRECT LY ASSISTING ABUSE 17
SURVIVORS ENGAGED IN CUSTODY LITIGATION, INCLUDING CASES INVO LVING 18
CHILD ABUSE OR AT LE AST 5 YEARS’ PROFESSIONAL EXPERIE NCE IN PROVIDING 19
EXPERT ASSESSMENT , PROTECTION , AND TREATMENT TO SUR VIVORS OF CHILD 20
ABUSE. 21
(2) AN ORGANIZATION PROVI DING TRAINING UNDER SUBSECTION (B) 22
OF THIS SECTION ON DOMESTIC V IOLENCE MUST HAVE AT LEAST 3 YEARS’ 23
EXPERIENCE IN TRAINI NG PROFESSIONALS ON DOMESTIC VIOLENCE OR HAVE 24
PERSONNEL OR PLANNIN G COMMITTEE MEMBERS WHO HAVE AT LEAST 5 YEARS’ 25
EXPERIENCE IN WORKIN G DIRECTLY IN THE FI ELD OF DOMESTIC VIOL ENCE 26
PREVENTION AND TREATME NT AN INDIVIDUAL TRAINER OR ORGANIZATION 27
PROVIDING TRAINING O N DOMESTIC VIOLENCE UNDER SUBSECTION (C) OF THIS 28
SECTION SHALL POSSES S OR HAVE PERSONNEL POSSESSING AT LEAST 5 YEARS’ 29
EXPERIENCE IN DIRECT LY ASSISTING ABUSE S URVIVORS ENGAGED IN CUSTODY 30
LITIGATION, INCLUDING CASES INVO LVING DOMESTIC VIOLE NCE OR AT LEAST 5 31
YEARS’ PROFESSIONAL EXPERIE NCE IN PROVIDING EXP ERT ASSESSMENT , 32
PROTECTION , AND TREATMENT TO SUR VIVORS OF DOMESTIC V IOLENCE. 33
(D) (E) THE MARYLAND JUDICIARY SHALL ADOPT PROCEDURES , 34
INCLUDING THE UNIFOR M SCREENING OF INITI AL PLEADINGS, TO IDENTIFY CHILD 35
CUSTODY CASES THAT M AY INVOLVE CHILD ABU SE OR DOMESTIC VIOLE NCE AS SOON 36
AS POSSIBLE TO ENSUR E THAT ONLY JUDGES W HO HAVE RECEIVED TRA INING 37
UNDER THIS SECTION A RE ASSIGNED TH OSE CASES. 38
SENATE BILL 17 5
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Family Law 3
9–101.3. 4
(E) (F) (1) WITHIN A JUDGE’S FIRST YEAR OF PRES IDING OVER CHILD 5
CUSTODY CASES INVOLV ING CHILD ABUSE OR D OMESTIC VIOLENCE , THE JUDGE 6
SHALL RECEIVE AT LEA ST 20 HOURS OF INITIAL TRA INING APPROVED BY TH E 7
MARYLAND JUDICIARY THAT MEETS THE REQUIREMENTS OF SUBSECTION (B) (C) 8
OF THIS SECTION. 9
(2) A JUDGE WHO HAS RECEIV ED THE INITIAL TRAIN ING UNDER 10
PARAGRAPH (1) OF THIS SUBSECTION A ND WHO CONTINUES TO PRESI DE OVER 11
CHILD CUSTODY CASES INVOLVING CHILD ABUS E OR DOMESTIC VIOLEN CE SHALL 12
RECEIVE AT LEAST AN ADDITIONAL 5 HOURS OF TRAINING TH AT MEETS THE 13
REQUIREMENTS OF SUBS ECTION (B) (C) OF THIS SECTION EVER Y 2 YEARS. 14
(3) A JUDGE WHO IS ASSIGNED TO PRESIDE OVER A CHILD CUSTODY 15
CASE INVOLVING CHILD ABUSE OR DOMESTIC VI OLENCE MORE THAN 3 YEARS AFTER 16
RECEIVING THE INITIA L TRAINING DESCRIBED UNDER PARAGRAPH (1) OF THIS 17
SUBSECTION SHALL REG ISTER FOR AND ATTEND THE NEXT OFFERED INI TIAL 18
TRAINING. 19
(4) THE MARYLAND JUDICIARY SHALL REPOR T THE NAME OF A 20
JUDGE WHO DOES NOT C OMPLY WITH THE TRAIN ING REQUIREMENTS OF THIS 21
SUBSECTION TO THE COMMISSION ON JUDICIAL DISABILITIES. 22
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 23
effect July 1, 2024. 24
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 25
3 of this Act, this Act shall take effect July 1, 2022. 26