4 | 3 | | |
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5 | 4 | | |
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6 | 5 | | CONCURRENT RESOLUTION |
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7 | 6 | | WHEREAS, State courts play an increasingly important role in |
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8 | 7 | | assessing the risk of domestic violence and child abuse in |
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9 | 8 | | families, and the risk to children of such violence and abuse is |
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10 | 9 | | well documented; and |
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11 | 10 | | WHEREAS, Research shows that more than 50,000 children |
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12 | 11 | | annually are left in the care of an abuser following a family |
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13 | 12 | | separation and that after a perpetrator of domestic violence |
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14 | 13 | | separates from the family, a child's risk of abuse increases even if |
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15 | 14 | | the perpetrator has not previously abused the child; and |
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16 | 15 | | WHEREAS, The U.S. Department of Justice estimates that in 30 |
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17 | 16 | | to 60 percent of cases in which domestic violence or child |
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18 | 17 | | maltreatment is identified in the home, children in the home have |
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19 | 18 | | experienced both forms of abuse; and |
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20 | 19 | | WHEREAS, According to the Domestic Violence Legal |
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21 | 20 | | Empowerment and Appeals Project, abusive parents who are proven |
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22 | 21 | | batterers are often granted sole or joint custody of children or |
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23 | 22 | | given unprotected parenting time by a court over the objection of |
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24 | 23 | | the other parent, placing children at risk of abuse; and |
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25 | 24 | | WHEREAS, Researchers for the Center of Judicial Excellence |
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26 | 25 | | documented the deaths in Texas since 2008 of 68 children who were |
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27 | 26 | | murdered by a parent involved in a divorce, separation, custody, |
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28 | 27 | | visitation, or child support proceeding; often, the court granted |
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29 | 28 | | access to the child over the objection of a protective parent; and |
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30 | 29 | | WHEREAS, It is critical to provide comprehensive training on |
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31 | 30 | | domestic violence and child abuse issues to state court officials |
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32 | 31 | | in order to better prepare them for their vital work; now, |
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33 | 32 | | therefore, be it |
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34 | 33 | | RESOLVED, That the 86th Legislature of the State of Texas |
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35 | 34 | | hereby respectfully urge the Texas Judicial Council to require all |
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36 | 35 | | court-related professionals to be trauma-informed and trained in |
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37 | 36 | | recognizing, evaluating, and understanding the evidence and |
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38 | 37 | | impacts of domestic violence and child abuse; and, be it further |
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39 | 38 | | RESOLVED, That family court professionals prioritize the |
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40 | 39 | | safety of a child who has witnessed domestic violence or is injured |
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41 | 40 | | or abused and resolve child safety risks and claims of family |
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42 | 41 | | violence before taking other actions in the best interest of the |
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43 | 42 | | child; and, be it further |
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44 | 43 | | RESOLVED, That the Texas Legislature schedule hearings on |
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45 | 44 | | family court practices with regard to the objective, fair, and |
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46 | 45 | | unbiased adjudication of children's safety and civil rights; and, |
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47 | 46 | | be it further |
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48 | 47 | | RESOLVED, That the Texas secretary of state forward official |
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49 | 48 | | copies of this resolution to the clerk of the Texas Supreme Court |
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50 | 49 | | and to the Texas Judicial Council. |
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