EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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.
Italics indicate opposite chamber/conference committee amendments.
*sb0017*
SENATE BILL 17
D4, D1 (2lr0998)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senator West
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 17
(2019 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Family Law 4
9–101.3. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “CHILD ABUSE” HAS THE MEANING STAT ED IN § 5–701 OF THE 8
FAMILY LAW ARTICLE THIS ARTICLE. 9
(3) “DOMESTIC VIOLENCE ” HAS THE MEANING STAT ED IN § 4–701 OF 10
THE FAMILY LAW ARTICLE THIS ARTICLE. 11
(A) (B) THE MARYLAND JUDICIARY, IN CONSULTATION WITH DOMESTIC 12
VIOLENCE AND CHILD A BUSE ORGANIZATIONS , SHALL: 13
(1) DEVELOP AND UPDATE AS APPROP RIATE A TRAINING PROGRAM 14
FOR JUDGES AND MAGISTRATES PRESIDING OVER CHILD CUSTODY CASES 15
INVOLVING CHILD ABUS E OR DOMESTIC VIOLEN CE; AND 16
(2) REVIEW AND UPDATE TH E TRAINING P ROGRAM AT LEAST ONCE 17
EVERY 2 YEARS. 18
(B) (C) THE TRAINING PROGRAM DESCRIBED UNDER SUBS ECTION (A) (B) 19
OF THIS SECTION SHAL L INCLUDE TRAINING O N: 20
(1) THE TYPICAL BRAIN DE VELOPMENT OF INFANTS AND CHILDREN ; 21
(2) THE IMPACT OF ADVERS E CHILDHOOD EXPERIENCES , TRAUMA, 22
COMPLEX TRAUMA , AND CHRONIC TOXIC ST RESS ON A CHILD ’S BRAIN 23
DEVELOPMENT AND THE WAYS THAT A CHILD ’S RESPONSE TO TRAUMA VARIES; 24
(3) THE PROCESS FOR INVE STIGATING A REPORT O F SUSPECTED 25
CHILD ABUSE OR CHILD SEXUAL ABUSE , INCLUDING: 26
(I) THE ROLE OF CHILD AD VOCACY CENTERS AND F ORENSIC 27
INTERVIEWS; 28
SENATE BILL 17 3
(II) THE LIMITATIONS ROLE OF LOCAL DEPARTMENTS OF 1
SOCIAL SERVICES IN I NVESTIGATING REPORTS OF SUSPECTED CHILD A BUSE AND 2
CHILD SEXUAL ABUSE ; AND 3
(III) THE LIMITATIONS OF T HE INVESTIGATION PROCES S, 4
INCLUDING THAT CHILD ABUSE AND CHILD SEXUAL ABUSE M AY HAVE OCCURRED 5
EVEN WITHOUT AN INDI CATED FINDING OF ABU SE, ANY PHYSICAL EVIDENC E OF 6
ABUSE, OR A VERBAL DISCLOSU RE OF ABUSE BY THE C HILD; 7
(4) THE DYNAMICS AND EFF ECTS OF CHILD SE XUAL ABUSE , 8
INCLUDING GROOMING B EHAVIORS AND THE DIS CLOSURE OF CHILD SEX UAL ABUSE 9
BASED ON THE DEVELOP MENTAL STAGES OF THE CHILD, INCLUDING DELAYED 10
DISCLOSURE; 11
(5) THE DYNAMICS AND EFF ECTS OF PHYSICAL AND EMOTIONAL 12
CHILD ABUSE; 13
(6) THE DYNAMICS AND EFF ECTS OF DOMESTIC VIO LENCE, 14
INCLUDING COERCIVE C ONTROL, LETHALITY ASSESSMENT S, LITIGATION ABUSE , 15
AND THAT DOMESTIC VI OLENCE CAN OCCUR WIT HOUT A PARTY SEEKING OR 16
OBTAINING A PROTECTI VE ORDER OR WITHOUT DOCUMENTED EVIDENCE OF ABUSE; 17
(7) THE IMPACT OF EXPOSU RE TO DOMESTIC VIOLE NCE ON 18
CHILDREN AND THE IMP ORTANCE OF CONSIDERI NG THE IMPACT OF EXP OSURE TO 19
DOMESTIC VIOLENCE ON CHILDREN WHEN MAKING CHILD CUSTODY AND 20
VISITATION DECISIONS ; 21
(8) THE POTENTIAL IMPACT S OF EXPLICIT AND IM PLICIT BIAS ON 22
CHILD CUSTODY DECISI ONS; 23
(9) BEST PRACTICES TO EN SURE THAT REASONABLE AND FEASIBLE 24
PROTECTIVE MEASURES ARE TAKEN TO REDUCE THE RISK OF TRAUMATI ZING OR 25
RETRAUMATIZING A CHI LD THROUGH THE COURT PROCESS, INCLUDING AVAILABLE 26
METHODS TO OBTAIN RE LEVANT INFORMATION WITHO UT THE NECESSITY OF 27
REPEATED, DETAILED TESTIMONY F ROM THE CHILD ; 28
(10) AVAILABLE PROTECTION S FOR FAMILIES , INCLUDING THE 29
SEALING OF RECORDS ; 30
(11) PARENTAL ALIENATION , INCLUDING: 31
(I) THE ORIGINS OF PAREN TAL ALIENATION ; 32
4 SENATE BILL 17
(II) THE INVALIDITY OF PA RENTAL ALIENATION AS A 1
SYNDROME; AND 2
(III) THE INAPPROPRIATENES S OF THE USE OF PARE NTAL 3
ALIENATION IN CHILD CUSTODY CASES ; 4
(12) THE BENEFITS AND LIMITATIONS OF SEXUA L OFFENDER 5
EVALUATIONS AND RISK ASSESSMENTS ; 6
(13) (12) THE TOOLS COURTS CAN USE TO ASSESS THE CR EDIBILITY 7
OF A CHILD WITNESS AND INFORMATION ON H OW CHILD THERAPY MET HODS, 8
INCLUDING EXPRESSIVE ARTS, ARE LEGITIMATE THERA PEUTIC TOOLS TO MEAS URE 9
THE DEGREE OF TRAUMA TIC IMPACT AND THE E FFECTIVENESS OF THER APEUTIC 10
AND SYSTEM INTERVENTI ON; 11
(14) (13) THE CORRELATION BETW EEN CHILD SEXUAL ABU SE AND 12
CHILD PORNOGRAPHY ; AND 13
(15) (14) STANDARDS FOR THE KN OWLEDGE, EXPERIENCE, AND 14
QUALIFICATIONS OF CH ILD SEXUAL ABUSE EVA LUATORS AND TREATMEN T 15
PROVIDERS AND THE LEGAL AND ETHICAL CONSIDERATIO NS OF APPOINTING AN 16
UNQUALIFIED CHILD SE XUAL ABUSE EVALUATOR OR ALLOWING AN EVALU ATOR TO 17
PRACTICE OUTSIDE THE EVALUATOR’S FIELDS OF EXPERTIS E; AND 18
(14) ANY OTHER RELEVANT S UBJECT MATTER . 19
(C) (D) (1) AN ORGANIZATION PROVI DING TRAINING UNDER 20
SUBSECTION (B) OF THIS SECTION ON C HILD ABUSE MUST HAVE AT LEAST 3 YEARS’ 21
EXPERIENCE IN TRAINING PROFESSIONA LS ON CHILD ABUSE OR HAVE PERSONNEL 22
OR PLANNING COMMITTEE MEMBERS WH O HAVE AT LEAST 5 YEARS’ EXPERIENCE IN 23
WORKING DIRECTLY IN THE FI ELD OF CHILD ABUSE P REVENTION AND TREATM ENT 24
AN INDIVIDUAL TRAINER OR ORGANIZATION PROV IDING TRAINING ON CH ILD ABUSE 25
UNDER SUBSECTION (C) OF THIS SECTION SHAL L POSSESS OR HAVE PE RSONNEL 26
POSSESSING AT LEAST 5 YEARS’ EXPERIENCE IN DIRECT LY ASSISTING ABUSE 27
SURVIVORS ENGAGED IN CUSTODY LITIGATION , INCLUDING CASES INVO LVING 28
CHILD ABUSE OR AT LE AST 5 YEARS’ PROFESSIONAL EXPERIE NCE IN PROVIDING 29
EXPERT ASSESSMENT , PROTECTION , AND TREATMENT TO SUR VIVORS OF CHILD 30
ABUSE. 31
(2) AN ORGANIZATION PROVI DING TRAINING UN DER SUBSECTION (B) 32
OF THIS SECTION ON D OMESTIC VIOLENCE MUS T HAVE AT LEAST 3 YEARS’ 33
EXPERIENCE IN TRAINI NG PROFESSIONALS ON DOMESTIC VIOLENCE OR HAVE 34
PERSONNEL OR PLANNIN G COMMITTEE MEMBERS WHO HAVE AT LEAST 5 YEARS’ 35
EXPERIENCE IN WORKIN G DIRECTLY IN THE F IELD OF DOMESTIC VIO LENCE 36 SENATE BILL 17 5
PREVENTION AND TREAT MENT AN INDIVIDUAL TRAINER OR ORGANIZATION 1
PROVIDING TRAINING O N DOMESTIC VIOLENCE UNDER SUBSECTION (C) OF THIS 2
SECTION SHALL POSSES S OR HAVE PERSONNEL POSSESSING AT LEAST 5 YEARS’ 3
EXPERIENCE IN DIRECT LY ASSISTING ABUSE SURVIVORS ENGAGED IN CUSTODY 4
LITIGATION, INCLUDING CASES INVO LVING DOMESTIC VIOLE NCE OR AT LEAST 5 5
YEARS’ PROFESSIONAL EXPERIE NCE IN PROVIDING EXP ERT ASSESSMENT , 6
PROTECTION , AND TREATMENT TO SUR VIVORS OF DOMESTIC V IOLENCE. 7
(D) (E) THE MARYLAND JUDICIARY SHALL ADOPT PROCEDURES , 8
INCLUDING THE UNIFOR M SCREENING OF INITI AL PLEADINGS, TO IDENTIFY CHILD 9
CUSTODY CASES THAT M AY INVOLVE CHILD ABU SE OR DOMESTIC VIOLE NCE AS SOON 10
AS POSSIBLE TO ENSUR E THAT ONLY JUDGES W HO HAVE RECEIVED TRA INING 11
UNDER THIS SECTION ARE ASSIGNED THOSE CASES. 12
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 13
as follows: 14
Article – Family Law 15
9–101.3. 16
(E) (F) (E) (1) WITHIN A JUDGE’S FIRST YEAR OF PRES IDING OVER CHILD 17
CUSTODY CASES INVOLV ING CHILD ABUSE OR D OMESTIC VIOLENCE , THE JUDGE 18
SHALL RECEIVE AT LEA ST 20 HOURS OF INITIAL TRA INING APPROVED BY TH E 19
MARYLAND JUDICIARY THAT MEETS THE REQUIREMENTS OF SUBSECTION (B) (C) 20
OF THIS SECTION. 21
(2) A JUDGE WHO HAS RECEIV ED THE INITIAL TRAIN ING UNDER 22
PARAGRAPH (1) OF THIS SUBSECTION A ND WHO CONTINUES TO PRESIDE OVER 23
CHILD CUSTODY CASES INVOLVING CHILD ABUS E OR DOMESTIC VIOLEN CE SHALL 24
RECEIVE AT LEAST AN ADDITIONAL 5 HOURS OF T RAINING THAT MEETS T HE 25
REQUIREMENTS OF SUBS ECTION (B) (C) OF THIS SECTION EVER Y 2 YEARS. 26
(3) A JUDGE WHO IS ASSIGNE D TO PRESIDE OVER A CHILD CUSTODY 27
CASE INVOLVING CHILD ABUSE OR DOMESTIC VI OLENCE MORE THAN 3 YEARS AFTER 28
RECEIVING THE INITIA L TRAINING DESCRIBED UNDER PARA GRAPH (1) OF THIS 29
SUBSECTION SHALL REG ISTER FOR AND ATTEND THE NEXT OFFERED INI TIAL 30
TRAINING. 31
(4) THE MARYLAND JUDICIARY SHALL REPOR T THE NAME OF A 32
JUDGE WHO DOES NOT C OMPLY WITH THE TRAIN ING REQUIREMENTS OF THIS 33
SUBSECTION TO THE COMMISSION ON JUDICIAL DISABILITIES. 34
6 SENATE BILL 17
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 1
effect July 1, 2024. 2
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 3
3 of this Act, this Act shall take effect July 1, 2022. 4
Approved:
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Governor.
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President of the Senate.
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Speaker of the House of Delegates.