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