MD
Maryland Senate Bill SB17

Maryland 2022 Regular Session

Maryland Senate Bill SB17 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 351
21
3-– 1 –
4-Chapter 351
5-(Senate Bill 17)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0017*
810
9-Child Custody – Cases Involving Child Abuse or Domestic Violence – Training
10-for Judges
11+SENATE BILL 17
12+D4, D1 (2lr0998)
13+ENROLLED BILL
14+— Judicial Proceedings/Judiciary —
15+Introduced by Senator West
1116
12-FOR the purpose of requiring the Maryland Judiciary, in consultation with domestic
13-violence and child abuse organizations, to develop a training program for judges
14-presiding over child custody cases involving child abuse or domestic violence;
15-requiring a judge who hears child custody cases involving child abuse or domestic
16-violence to receive certain child custody training or continued training; and generally
17-relating to the training of judges for child custody cases involving child abuse or
18-domestic violence.
17+Read and Examined by Proofreaders:
1918
20-BY adding to
21- Article – Family Law
22-Section 9–101.3
23- Annotated Code of Maryland
24- (2019 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2523
26- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27-That the Laws of Maryland read as follows:
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2825
29-Article – Family Law
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3027
31-9–101.3.
28+______________________________________________
29+President.
3230
33- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
34-INDICATED.
31+CHAPTER ______
3532
36- (2) “CHILD ABUSE” HAS THE MEANING STAT ED IN § 5–701 OF THE
37-FAMILY LAW ARTICLE THIS ARTICLE.
33+AN ACT concerning 1
3834
39- (3) “DOMESTIC VIOLENCE ” HAS THE MEANING STAT ED IN § 4–701 OF
40-THE FAMILY LAW ARTICLE THIS ARTICLE.
35+Child Custody – Cases Involving Child Abuse or Domestic Violence – Training 2
36+for Judges 3
4137
42- (A) (B) THE MARYLAND JUDICIARY, IN CONSULTATION WITH DOMESTIC
43-VIOLENCE AND CHILD A BUSE ORGANIZATIONS , SHALL:
38+FOR the purpose of requiring the Maryland Judiciary, in consultation with domestic 4
39+violence and child abuse organizations, to develop a training program for judges 5
40+presiding over child custody cases involving child abuse or domestic violence; 6
41+requiring a judge who hears child custody cases involving child abuse or domestic 7
42+violence to receive certain child custody training or continued training; and generally 8
43+relating to the training of judges for child custody cases involving child abuse or 9
44+domestic violence. 10
4445
45- (1) DEVELOP AND UPDATE AS APPROP RIATE A TRAINING PROGRAM
46-FOR JUDGES AND MAGISTRATES PRESIDING OVER CHILD CUSTODY CASES
47-INVOLVING CHILD ABUS E OR DOMESTIC VIOLEN CE; AND
48- Ch. 351 2022 LAWS OF MARYLAND
46+BY adding to 11
47+ Article – Family Law 12
48+Section 9–101.3 13
49+ Annotated Code of Maryland 14 2 SENATE BILL 17
4950
50-– 2 –
51- (2) REVIEW AND UPDATE TH E TRAINING PROGRAM A T LEAST ONCE
52-EVERY 2 YEARS.
5351
54- (B) (C) THE TRAINING PROGRAM DESCRIBED UNDER SUBS ECTION (A) (B)
55-OF THIS SECTION SHAL L INCLUDE TRAINING O N:
52+ (2019 Replacement Volume and 2021 Supplement) 1
5653
57- (1) THE TYPICAL BRAIN DE VELOPMENT OF INFANTS AND CHILDREN ;
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
55+That the Laws of Maryland read as follows: 3
5856
59- (2) THE IMPACT OF ADVERS E CHILDHOOD EXPERIEN CES, TRAUMA,
60-COMPLEX TRAUMA , AND CHRONIC TOXIC ST RESS ON A CHILD ’S BRAIN
61-DEVELOPMENT AND THE WAYS THAT A CHILD ’S RESPONSE TO TRAUMA VARIES;
57+Article – Family Law 4
6258
63- (3) THE PROCESS FOR INVESTIGATI NG A REPORT OF SUSPE CTED
64-CHILD ABUSE OR CHILD SEXUAL ABUSE , INCLUDING:
59+9–101.3. 5
6560
66- (I) THE ROLE OF CHILD AD VOCACY CENTERS AND F ORENSIC
67-INTERVIEWS;
61+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
62+INDICATED. 7
6863
69- (II) THE LIMITATIONS ROLE OF LOCAL DEPARTMENTS OF
70-SOCIAL SERVICES IN I NVESTIGATING REPORTS OF SUSPECTED CHILD ABUS E AND
71-CHILD SEXUAL ABUSE ; AND
64+ (2) “CHILD ABUSE” HAS THE MEANING STAT ED IN § 5–701 OF THE 8
65+FAMILY LAW ARTICLE THIS ARTICLE. 9
7266
73- (III) THE LIMITATIONS OF T HE INVESTIGATION PRO CESS,
74-INCLUDING THAT CHILD ABUSE AND CHILD SEXUAL ABUSE M AY HAVE OCCURRED
75-EVEN WITHOUT AN INDI CATED FINDING OF ABU SE, ANY PHYSICAL EVIDENC E OF
76-ABUSE, OR A VERBAL DISCLOSURE OF ABUSE BY THE CHILD ;
67+ (3) “DOMESTIC VIOLENCE ” HAS THE MEANING STAT ED IN § 4–701 OF 10
68+THE FAMILY LAW ARTICLE THIS ARTICLE. 11
7769
78- (4) THE DYNAMICS AND EFF ECTS OF CHILD SEXUAL ABUSE,
79-INCLUDING GROOMING B EHAVIORS AND THE DIS CLOSURE OF CHILD SEX UAL ABUSE
80-BASED ON THE DEVELOP MENTAL STAGES OF THE CHILD, INCLUDING DELAYED
81-DISCLOSURE;
70+ (A) (B) THE MARYLAND JUDICIARY, IN CONSULTATION WITH DOMESTIC 12
71+VIOLENCE AND CHILD A BUSE ORGANIZATIONS , SHALL: 13
8272
83- (5) THE DYNAMICS AND EFFECTS OF PHYSICAL AND EMOT IONAL
84-CHILD ABUSE;
73+ (1) DEVELOP AND UPDATE AS APPROP RIATE A TRAINING PROGRAM 14
74+FOR JUDGES AND MAGISTRATES PRESIDING OVER CHILD CUSTODY CASES 15
75+INVOLVING CHILD ABUS E OR DOMESTIC VIOLEN CE; AND 16
8576
86- (6) THE DYNAMICS AND EFF ECTS OF DOMESTIC VIO LENCE,
87-INCLUDING COERCIVE C ONTROL, LETHALITY ASSESSMENT S, LITIGATION ABUSE ,
88-AND THAT DOMESTIC VI OLENCE CAN OCCUR WIT HOUT A PARTY SEEKING OR
89-OBTAINING A PROTECTIVE ORDER O R WITHOUT DOCUMENTED EVIDENCE OF ABUSE ;
77+ (2) REVIEW AND UPDATE TH E TRAINING P ROGRAM AT LEAST ONCE 17
78+EVERY 2 YEARS. 18
9079
91- (7) THE IMPACT OF EXPOSU RE TO DOMESTIC VIOLE NCE ON
92-CHILDREN AND THE IMP ORTANCE OF CONSIDERI NG THE IMPACT OF EXP OSURE TO LAWRENCE J. HOGAN, JR., Governor Ch. 351
80+ (B) (C) THE TRAINING PROGRAM DESCRIBED UNDER SUBS ECTION (A) (B) 19
81+OF THIS SECTION SHAL L INCLUDE TRAINING O N: 20
9382
94-– 3 –
95-DOMESTIC VIOLENCE ON CHILDREN WHEN MAKING CHILD CUSTODY AND
96-VISITATION DECISIONS;
83+ (1) THE TYPICAL BRAIN DE VELOPMENT OF INFANTS AND CHILDREN ; 21
9784
98- (8) THE POTENTIAL IMPACT S OF EXPLICIT AND IM PLICIT BIAS ON
99-CHILD CUSTODY DECISI ONS;
85+ (2) THE IMPACT OF ADVERS E CHILDHOOD EXPERIENCES , TRAUMA, 22
86+COMPLEX TRAUMA , AND CHRONIC TOXIC ST RESS ON A CHILD ’S BRAIN 23
87+DEVELOPMENT AND THE WAYS THAT A CHILD ’S RESPONSE TO TRAUMA VARIES; 24
10088
101- (9) BEST PRACTICES TO EN SURE THAT REASONABLE AND FEASIBLE
102-PROTECTIVE MEASURES ARE TAKEN TO REDUCE THE RISK OF TRAUMATI ZING OR
103-RETRAUMATIZING A CHI LD THROUGH THE COURT PROCESS , INCLUDING AVAILABLE
104-METHODS TO OBTAIN RE LEVANT INFORMATION W ITHOUT THE NECESSITY OF
105-REPEATED, DETAILED TESTIMONY F ROM THE CHILD ;
89+ (3) THE PROCESS FOR INVE STIGATING A REPORT O F SUSPECTED 25
90+CHILD ABUSE OR CHILD SEXUAL ABUSE , INCLUDING: 26
10691
107- (10) AVAILABLE PROTECTION S FOR FAMILIES , INCLUDING THE
108-SEALING OF RECORDS ;
92+ (I) THE ROLE OF CHILD AD VOCACY CENTERS AND F ORENSIC 27
93+INTERVIEWS; 28
94+ SENATE BILL 17 3
10995
110- (11) PARENTAL ALIENATION , INCLUDING:
11196
112- (I) THE ORIGINS OF PAREN TAL ALIENATION ;
97+ (II) THE LIMITATIONS ROLE OF LOCAL DEPARTMENTS OF 1
98+SOCIAL SERVICES IN I NVESTIGATING REPORTS OF SUSPECTED CHILD A BUSE AND 2
99+CHILD SEXUAL ABUSE ; AND 3
113100
114- (II) THE INVALIDITY OF PA RENTAL ALIENATION AS A
115-SYNDROME; AND
101+ (III) THE LIMITATIONS OF T HE INVESTIGATION PROCES S, 4
102+INCLUDING THAT CHILD ABUSE AND CHILD SEXUAL ABUSE M AY HAVE OCCURRED 5
103+EVEN WITHOUT AN INDI CATED FINDING OF ABU SE, ANY PHYSICAL EVIDENC E OF 6
104+ABUSE, OR A VERBAL DISCLOSU RE OF ABUSE BY THE C HILD; 7
116105
117- (III) THE INAPPROPRIATENES S OF THE USE OF PARE NTAL
118-ALIENATION IN CHILD CUSTODY CASES ;
106+ (4) THE DYNAMICS AND EFF ECTS OF CHILD SE XUAL ABUSE , 8
107+INCLUDING GROOMING B EHAVIORS AND THE DIS CLOSURE OF CHILD SEX UAL ABUSE 9
108+BASED ON THE DEVELOP MENTAL STAGES OF THE CHILD, INCLUDING DELAYED 10
109+DISCLOSURE; 11
119110
120- (12) THE BENEFITS AND LIMITATIONS OF SEXUA L OFFENDER
121-EVALUATIONS AND RISK ASSESSMENTS ;
111+ (5) THE DYNAMICS AND EFF ECTS OF PHYSICAL AND EMOTIONAL 12
112+CHILD ABUSE; 13
122113
123- (13) (12) THE TOOLS COURTS CAN USE TO ASSESS THE CR EDIBILITY
124-OF A CHILD WITNESS AND INFORMATION ON H OW CHILD THERAPY MET HODS,
125-INCLUDING EXPRESSIVE ARTS, ARE LEGITIMATE THERA PEUTIC TOOLS T O MEASURE
126-THE DEGREE OF TRAUMA TIC IMPACT AND THE E FFECTIVENESS OF THER APEUTIC
127-AND SYSTEM INTERVENT ION;
114+ (6) THE DYNAMICS AND EFF ECTS OF DOMESTIC VIO LENCE, 14
115+INCLUDING COERCIVE C ONTROL, LETHALITY ASSESSMENT S, LITIGATION ABUSE , 15
116+AND THAT DOMESTIC VI OLENCE CAN OCCUR WIT HOUT A PARTY SEEKING OR 16
117+OBTAINING A PROTECTI VE ORDER OR WITHOUT DOCUMENTED EVIDENCE OF ABUSE; 17
128118
129- (14) (13) THE CORRELATION BETW EEN CHILD SEXUAL ABU SE AND
130-CHILD PORNOGRAPHY ; AND
119+ (7) THE IMPACT OF EXPOSU RE TO DOMESTIC VIOLE NCE ON 18
120+CHILDREN AND THE IMP ORTANCE OF CONSIDERI NG THE IMPACT OF EXP OSURE TO 19
121+DOMESTIC VIOLENCE ON CHILDREN WHEN MAKING CHILD CUSTODY AND 20
122+VISITATION DECISIONS ; 21
131123
132- (15) (14) STANDARDS FOR THE KN OWLEDGE, EXPERIENCE, AND
133-QUALIFICATIONS OF CH ILD SEXUAL ABUSE EVA LUATORS AND TREATMEN T
134-PROVIDERS AND THE LEGAL AND ET HICAL CONSIDERATIONS OF APPOINTING AN
135-UNQUALIFIED CHILD SE XUAL ABUSE EVALUATOR OR ALLOWING AN EVALU ATOR TO
136-PRACTICE OUT SIDE THE EVALUATOR ’S FIELDS OF EXPERTIS E; AND
124+ (8) THE POTENTIAL IMPACT S OF EXPLICIT AND IM PLICIT BIAS ON 22
125+CHILD CUSTODY DECISI ONS; 23
137126
138- (14) ANY OTHER RELEVANT S UBJECT MATTER . Ch. 351 2022 LAWS OF MARYLAND
127+ (9) BEST PRACTICES TO EN SURE THAT REASONABLE AND FEASIBLE 24
128+PROTECTIVE MEASURES ARE TAKEN TO REDUCE THE RISK OF TRAUMATI ZING OR 25
129+RETRAUMATIZING A CHI LD THROUGH THE COURT PROCESS, INCLUDING AVAILABLE 26
130+METHODS TO OBTAIN RE LEVANT INFORMATION WITHO UT THE NECESSITY OF 27
131+REPEATED, DETAILED TESTIMONY F ROM THE CHILD ; 28
139132
140-– 4 –
133+ (10) AVAILABLE PROTECTION S FOR FAMILIES , INCLUDING THE 29
134+SEALING OF RECORDS ; 30
141135
142- (C) (D) (1) AN ORGANIZATION PROVI DING TRAINING UNDER
143-SUBSECTION (B) OF THIS SECTION ON C HILD ABUSE MUST HAVE AT LEAST 3 YEARS’
144-EXPERIENCE IN TRAINING PROFESSIONA LS ON CHILD ABUSE OR HA VE PERSONNEL
145-OR PLANNING COMMITTEE MEMBERS WH O HAVE AT LEAST 5 YEARS’ EXPERIENCE IN
146-WORKING DIRECTLY IN THE FIEL D OF CHILD ABUSE PRE VENTION AND TREATMEN T
147-AN INDIVIDUAL TRAINER OR ORGANIZATION PROV IDING TRAINING ON CH ILD ABUSE
148-UNDER SUBSECTION (C) OF THIS SECTION SHAL L POSSESS OR HAVE PE RSONNEL
149-POSSESSING AT LEAST 5 YEARS’ EXPERIENCE IN DIRECT LY ASSISTING ABUSE
150-SURVIVORS ENGAGED IN CUSTODY LITIGATION , INCLUDING CASES INVO LVING
151-CHILD ABUSE OR AT LE AST 5 YEARS’ PROFESSIONAL EXPERIE NCE IN PROVIDING
152-EXPERT ASSESSMENT , PROTECTION , AND TREATMENT TO SUR VIVORS OF CHILD
153-ABUSE.
136+ (11) PARENTAL ALIENATION , INCLUDING: 31
154137
155- (2) AN ORGANIZATION PROVI DING TRAINING UNDER SUBSECTION (B)
156-OF THIS SECTION ON D OMESTIC VIOLENCE MUS T HAVE AT LEAST 3 YEARS’
157-EXPERIENCE IN TRAINI NG PROFESSIONALS ON DOMESTIC VIOLENCE OR HAVE
158-PERSONNEL OR PLANNIN G COMMITTEE MEMBERS WHO HAVE AT LEAST 5 YEARS’
159-EXPERIENCE IN WORKIN G DIRECTLY IN THE FI ELD OF DOMESTIC VIOL ENCE
160-PREVENTION AND TREAT MENT AN INDIVIDUAL TRAINER OR ORGANIZATION
161-PROVIDING TRAINING O N DOMESTIC VIOLE NCE UNDER SUBSECTION (C) OF THIS
162-SECTION SHALL POSSES S OR HAVE PERSONNEL POSSESSING AT LEAST 5 YEARS’
163-EXPERIENCE IN DIRECT LY ASSISTING ABUSE S URVIVORS ENGAGED IN CUSTODY
164-LITIGATION, INCLUDING CASES INVO LVING DOMESTIC VIOLE NCE OR AT LEAST 5
165-YEARS’ PROFESSIONAL EXPERIENCE IN PR OVIDING EXPERT ASSES SMENT,
166-PROTECTION , AND TREATMENT TO SUR VIVORS OF DOMESTIC V IOLENCE.
138+ (I) THE ORIGINS OF PAREN TAL ALIENATION ; 32
139+ 4 SENATE BILL 17
167140
168- (D) (E) THE MARYLAND JUDICIARY SHALL ADOPT PROCEDURES ,
169-INCLUDING THE UNIFOR M SCREENING OF INITI AL PLEADINGS, TO IDENTIFY CHILD
170-CUSTODY CASES THAT MAY INVOLVE CHILD AB USE OR DOMESTIC VIOL ENCE AS SOON
171-AS POSSIBLE TO ENSUR E THAT ONLY JUDGES W HO HAVE RECEIVED TRA INING
172-UNDER THIS SECTION A RE ASSIGNED THOSE CA SES.
173141
174- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
175-as follows:
142+ (II) THE INVALIDITY OF PA RENTAL ALIENATION AS A 1
143+SYNDROME; AND 2
176144
177-Article – Family Law
145+ (III) THE INAPPROPRIATENES S OF THE USE OF PARE NTAL 3
146+ALIENATION IN CHILD CUSTODY CASES ; 4
178147
179-9–101.3.
148+ (12) THE BENEFITS AND LIMITATIONS OF SEXUA L OFFENDER 5
149+EVALUATIONS AND RISK ASSESSMENTS ; 6
180150
181- (E) (F) (E) (1) WITHIN A JUDGE’S FIRST YEAR OF PRES IDING OVER CHILD
182-CUSTODY CASES INVOLV ING CHILD ABUSE OR D OMESTIC VIOLENCE , THE JUDGE
183-SHALL RECEIVE AT LEA ST 20 HOURS OF INITIAL TRA INING APPROVED BY TH E LAWRENCE J. HOGAN, JR., Governor Ch. 351
151+ (13) (12) THE TOOLS COURTS CAN USE TO ASSESS THE CR EDIBILITY 7
152+OF A CHILD WITNESS AND INFORMATION ON H OW CHILD THERAPY MET HODS, 8
153+INCLUDING EXPRESSIVE ARTS, ARE LEGITIMATE THERA PEUTIC TOOLS TO MEAS URE 9
154+THE DEGREE OF TRAUMA TIC IMPACT AND THE E FFECTIVENESS OF THER APEUTIC 10
155+AND SYSTEM INTERVENTI ON; 11
184156
185-– 5 –
186-MARYLAND JUDICIARY THAT MEETS THE REQUIREMENTS OF SUBSECTION (B) (C)
187-OF THIS SECTION.
157+ (14) (13) THE CORRELATION BETW EEN CHILD SEXUAL ABU SE AND 12
158+CHILD PORNOGRAPHY ; AND 13
188159
189- (2) A JUDGE WHO HAS RECEIV ED THE INITIAL TRAIN ING UNDER
190-PARAGRAPH (1) OF THIS SUBSECTION A ND WHO CONTINUES TO PRESIDE OVER
191-CHILD CUSTODY CASES INVOLVING CHILD ABUS E OR DOMESTIC VIOLENCE SH ALL
192-RECEIVE AT LEAST AN ADDITIONAL 5 HOURS OF TRAINING TH AT MEETS THE
193-REQUIREMENTS OF SUBS ECTION (B) (C) OF THIS SECTION EVER Y 2 YEARS.
160+ (15) (14) STANDARDS FOR THE KN OWLEDGE, EXPERIENCE, AND 14
161+QUALIFICATIONS OF CH ILD SEXUAL ABUSE EVA LUATORS AND TREATMEN T 15
162+PROVIDERS AND THE LEGAL AND ETHICAL CONSIDERATIO NS OF APPOINTING AN 16
163+UNQUALIFIED CHILD SE XUAL ABUSE EVALUATOR OR ALLOWING AN EVALU ATOR TO 17
164+PRACTICE OUTSIDE THE EVALUATOR’S FIELDS OF EXPERTIS E; AND 18
194165
195- (3) A JUDGE WHO IS ASSIGNE D TO PRESIDE OVER A CHILD CUSTODY
196-CASE INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE MO RE THAN 3 YEARS AFTER
197-RECEIVING THE INITIA L TRAINING DESCRIBED UNDER PARAGRAPH (1) OF THIS
198-SUBSECTION SHALL REG ISTER FOR AND ATTEND THE NEXT OFFERED INI TIAL
199-TRAINING.
166+ (14) ANY OTHER RELEVANT S UBJECT MATTER . 19
200167
201- (4) THE MARYLAND JUDICIARY SHALL REPOR T THE NAME OF A
202-JUDGE WHO DO ES NOT COMPLY WITH T HE TRAINING REQUIREM ENTS OF THIS
203-SUBSECTION TO THE COMMISSION ON JUDICIAL DISABILITIES.
168+ (C) (D) (1) AN ORGANIZATION PROVI DING TRAINING UNDER 20
169+SUBSECTION (B) OF THIS SECTION ON C HILD ABUSE MUST HAVE AT LEAST 3 YEARS’ 21
170+EXPERIENCE IN TRAINING PROFESSIONA LS ON CHILD ABUSE OR HAVE PERSONNEL 22
171+OR PLANNING COMMITTEE MEMBERS WH O HAVE AT LEAST 5 YEARS’ EXPERIENCE IN 23
172+WORKING DIRECTLY IN THE FI ELD OF CHILD ABUSE P REVENTION AND TREATM ENT 24
173+AN INDIVIDUAL TRAINER OR ORGANIZATION PROV IDING TRAINING ON CH ILD ABUSE 25
174+UNDER SUBSECTION (C) OF THIS SECTION SHAL L POSSESS OR HAVE PE RSONNEL 26
175+POSSESSING AT LEAST 5 YEARS’ EXPERIENCE IN DIRECT LY ASSISTING ABUSE 27
176+SURVIVORS ENGAGED IN CUSTODY LITIGATION , INCLUDING CASES INVO LVING 28
177+CHILD ABUSE OR AT LE AST 5 YEARS’ PROFESSIONAL EXPERIE NCE IN PROVIDING 29
178+EXPERT ASSESSMENT , PROTECTION , AND TREATMENT TO SUR VIVORS OF CHILD 30
179+ABUSE. 31
204180
205- SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
206-effect July 1, 2024.
181+ (2) AN ORGANIZATION PROVI DING TRAINING UN DER SUBSECTION (B) 32
182+OF THIS SECTION ON D OMESTIC VIOLENCE MUS T HAVE AT LEAST 3 YEARS’ 33
183+EXPERIENCE IN TRAINI NG PROFESSIONALS ON DOMESTIC VIOLENCE OR HAVE 34
184+PERSONNEL OR PLANNIN G COMMITTEE MEMBERS WHO HAVE AT LEAST 5 YEARS’ 35
185+EXPERIENCE IN WORKIN G DIRECTLY IN THE F IELD OF DOMESTIC VIO LENCE 36 SENATE BILL 17 5
207186
208- SECTION 4. AND BE IT FURTHER ENACTED, That, ex cept as provided in Section
209-3 of this Act, this Act shall take effect July 1, 2022.
210187
211-Approved by the Governor, May 16, 2022.
188+PREVENTION AND TREAT MENT AN INDIVIDUAL TRAINER OR ORGANIZATION 1
189+PROVIDING TRAINING O N DOMESTIC VIOLENCE UNDER SUBSECTION (C) OF THIS 2
190+SECTION SHALL POSSES S OR HAVE PERSONNEL POSSESSING AT LEAST 5 YEARS’ 3
191+EXPERIENCE IN DIRECT LY ASSISTING ABUSE SURVIVORS ENGAGED IN CUSTODY 4
192+LITIGATION, INCLUDING CASES INVO LVING DOMESTIC VIOLE NCE OR AT LEAST 5 5
193+YEARS’ PROFESSIONAL EXPERIE NCE IN PROVIDING EXP ERT ASSESSMENT , 6
194+PROTECTION , AND TREATMENT TO SUR VIVORS OF DOMESTIC V IOLENCE. 7
195+
196+ (D) (E) THE MARYLAND JUDICIARY SHALL ADOPT PROCEDURES , 8
197+INCLUDING THE UNIFOR M SCREENING OF INITI AL PLEADINGS, TO IDENTIFY CHILD 9
198+CUSTODY CASES THAT M AY INVOLVE CHILD ABU SE OR DOMESTIC VIOLE NCE AS SOON 10
199+AS POSSIBLE TO ENSUR E THAT ONLY JUDGES W HO HAVE RECEIVED TRA INING 11
200+UNDER THIS SECTION ARE ASSIGNED THOSE CASES. 12
201+
202+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 13
203+as follows: 14
204+
205+Article – Family Law 15
206+
207+9–101.3. 16
208+
209+ (E) (F) (E) (1) WITHIN A JUDGE’S FIRST YEAR OF PRES IDING OVER CHILD 17
210+CUSTODY CASES INVOLV ING CHILD ABUSE OR D OMESTIC VIOLENCE , THE JUDGE 18
211+SHALL RECEIVE AT LEA ST 20 HOURS OF INITIAL TRA INING APPROVED BY TH E 19
212+MARYLAND JUDICIARY THAT MEETS THE REQUIREMENTS OF SUBSECTION (B) (C) 20
213+OF THIS SECTION. 21
214+
215+ (2) A JUDGE WHO HAS RECEIV ED THE INITIAL TRAIN ING UNDER 22
216+PARAGRAPH (1) OF THIS SUBSECTION A ND WHO CONTINUES TO PRESIDE OVER 23
217+CHILD CUSTODY CASES INVOLVING CHILD ABUS E OR DOMESTIC VIOLEN CE SHALL 24
218+RECEIVE AT LEAST AN ADDITIONAL 5 HOURS OF T RAINING THAT MEETS T HE 25
219+REQUIREMENTS OF SUBS ECTION (B) (C) OF THIS SECTION EVER Y 2 YEARS. 26
220+
221+ (3) A JUDGE WHO IS ASSIGNE D TO PRESIDE OVER A CHILD CUSTODY 27
222+CASE INVOLVING CHILD ABUSE OR DOMESTIC VI OLENCE MORE THAN 3 YEARS AFTER 28
223+RECEIVING THE INITIA L TRAINING DESCRIBED UNDER PARA GRAPH (1) OF THIS 29
224+SUBSECTION SHALL REG ISTER FOR AND ATTEND THE NEXT OFFERED INI TIAL 30
225+TRAINING. 31
226+
227+ (4) THE MARYLAND JUDICIARY SHALL REPOR T THE NAME OF A 32
228+JUDGE WHO DOES NOT C OMPLY WITH THE TRAIN ING REQUIREMENTS OF THIS 33
229+SUBSECTION TO THE COMMISSION ON JUDICIAL DISABILITIES. 34
230+ 6 SENATE BILL 17
231+
232+
233+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 1
234+effect July 1, 2024. 2
235+
236+ SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 3
237+3 of this Act, this Act shall take effect July 1, 2022. 4
238+
239+
240+
241+
242+
243+Approved:
244+________________________________________________________________________________
245+ Governor.
246+________________________________________________________________________________
247+ President of the Senate.
248+________________________________________________________________________________
249+ Speaker of the House of Delegates.