Texas 2019 - 86th Regular

Texas House Bill HCR92 Compare Versions

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11 86R14374 CLE-F
2- By: Miller, Leach, Meyer, White, H.C.R. No. 92
3- Davis of Dallas
2+ By: Miller H.C.R. No. 92
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65 CONCURRENT RESOLUTION
76 WHEREAS, State courts play an increasingly important role in
87 assessing the risk of domestic violence and child abuse in
98 families, and the risk to children of such violence and abuse is
109 well documented; and
1110 WHEREAS, Research shows that more than 50,000 children
1211 annually are left in the care of an abuser following a family
1312 separation and that after a perpetrator of domestic violence
1413 separates from the family, a child's risk of abuse increases even if
1514 the perpetrator has not previously abused the child; and
1615 WHEREAS, The U.S. Department of Justice estimates that in 30
1716 to 60 percent of cases in which domestic violence or child
1817 maltreatment is identified in the home, children in the home have
1918 experienced both forms of abuse; and
2019 WHEREAS, According to the Domestic Violence Legal
2120 Empowerment and Appeals Project, abusive parents who are proven
2221 batterers are often granted sole or joint custody of children or
2322 given unprotected parenting time by a court over the objection of
2423 the other parent, placing children at risk of abuse; and
2524 WHEREAS, Researchers for the Center of Judicial Excellence
2625 documented the deaths in Texas since 2008 of 68 children who were
2726 murdered by a parent involved in a divorce, separation, custody,
2827 visitation, or child support proceeding; often, the court granted
2928 access to the child over the objection of a protective parent; and
3029 WHEREAS, It is critical to provide comprehensive training on
3130 domestic violence and child abuse issues to state court officials
3231 in order to better prepare them for their vital work; now,
3332 therefore, be it
3433 RESOLVED, That the 86th Legislature of the State of Texas
3534 hereby respectfully urge the Texas Judicial Council to require all
3635 court-related professionals to be trauma-informed and trained in
3736 recognizing, evaluating, and understanding the evidence and
3837 impacts of domestic violence and child abuse; and, be it further
3938 RESOLVED, That family court professionals prioritize the
4039 safety of a child who has witnessed domestic violence or is injured
4140 or abused and resolve child safety risks and claims of family
4241 violence before taking other actions in the best interest of the
4342 child; and, be it further
4443 RESOLVED, That the Texas Legislature schedule hearings on
4544 family court practices with regard to the objective, fair, and
4645 unbiased adjudication of children's safety and civil rights; and,
4746 be it further
4847 RESOLVED, That the Texas secretary of state forward official
4948 copies of this resolution to the clerk of the Texas Supreme Court
5049 and to the Texas Judicial Council.