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Bill > HB766
VA HB766
VA HB766Custody and visitation arrangements; best interests of the child, family history of abuse.
summary
Introduced
01/09/2024
01/09/2024
In Committee
01/09/2024
01/09/2024
Crossed Over
Passed
Dead
04/11/2024
04/11/2024
Introduced Session
2024 Regular Session
Bill Summary
Custody and visitation arrangements; best interests of the child; expert testimony; history of abuse. Requires a court to consider any history of family abuse, sexual abuse, child abuse, or an act of violence, force, or threat in determining best interests of a child for purposes of determining custody or visitation arrangements. Under current law, only such history that occurred no earlier than 10 years prior to the filing of a custody or visitation petition is required to be considered. The bill also requires that any expert evidence from a court-appointed or outside professional relating to any alleged abuse of a child subject to such petition shall only be admitted if such professional possesses demonstrated expertise and clinical experience in working with victims of the type of such abuse alleged that is not solely of a forensic nature. The bill further directs the Office of the Executive Secretary of the Supreme Court of Virginia to provide mandatory judicial training on trauma-informed practices in proceedings involving domestic violence to magistrates and judges of the juvenile domestic relations district courts, general district courts, circuit courts, and the Court of Appeals of Virginia, the justices of the Supreme Court of Virginia, and court personnel.
AI Summary
This bill amends the Code of Virginia to require courts to consider any history of family abuse, sexual abuse, child abuse, or acts of violence when determining the best interests of a child for the purposes of custody or visitation arrangements. The bill also requires that any expert evidence related to alleged abuse of the child must be provided by a professional with demonstrated expertise and clinical experience in working with victims of the type of abuse alleged, rather than just forensic experience. Additionally, the bill prohibits courts from ordering reunification treatment, such as counseling or programs, for a child and a parent who has subjected the child or the other parent to the types of abuse specified.
Committee Categories
Justice
Sponsors (1)
Last Action
Continued to 2025 with substitute in Courts of Justice by voice vote (on 02/02/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+HB766 |
| BillText | https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB766H1+hil |
| Substitute for HB766 Courts of Justice, Civil | https://committees.lis.virginia.gov/pdfs/24106546D.pdf |
| Substitute for HB766 Courts of Justice, Civil | https://committees.lis.virginia.gov/pdfs/drafts/24106474D.pdf |
| BillText | https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB766+hil |
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