Bill > S2337

Introduced Session

This bill establishes a training and educational program for certain court personnel, includes child safety as a factor in court decision-making when a party raises abuse allegations or safety concerns, and implements expert evidence standards in child abuse and domestic violence proceedings. This bill requires the Administrative Director of the Courts to create a training and educational program related to child abuse that includes information concerning all aspects of abuse, including sexual abuse, physical abuse, emotional abuse, implicit and explicit bias, trauma, neglect, maltreatment, and the impact of child abuse and domestic violence on children. The program is required to implement best practices from evidence-based and peer-reviewed research. Under the bill, a judge is prohibited from ordering a child to be removed from or restricted from contacting a parent who is competent, protective of the child, and not physically or sexually abusive, or a parent with whom the child is bonded or to whom the child is attached, solely for the purpose of improving a deficient relationship with the other parent. The court also is prohibited from ordering reunification therapy that is predicated on removing or restricting a child from a parent with whom the child is bonded or attached. Further, in making an award for custody, a court is required to consider the existence of any prior restraining order or protective order against a parent. Finally, this bill implements minimum requirements for expert evidence and evidence that may be admissible in child custody proceedings where a parent has been alleged to have committed domestic violence or child abuse. Expert evidence may be admitted only if the professional possesses demonstrated expertise and clinical experience working with domestic violence or child abuse victims. Further, in making a finding regarding any allegation of domestic violence or child abuse, evidence of past sexual or physical abuse committed by the accused parent may be considered including, but not limited to, any: (1) past or current restraining orders or protection orders against the accused parent, including sexual violence abuse protection orders; or (2) arrests or convictions of the accused parent for domestic violence, sexual violence, or child abuse. This bill implements the "Kayden's Law" provisions of the federal "Violence Against Women Act Reauthorization Act of 2022," enacted in March 2022. The "Kayden's Law" provisions were named for seven-year-old Kayden Mancuso of Lower Makefield, PA. In 2018, Kayden was murdered by her father during an unsupervised visitation period ordered by the court. Kayden's mother had objected to unsupervised visitation on the grounds that Kayden's father had a history of violence and was mentally unstable.

AI Summary

Committee Categories

Raj Mukherji (D)*,  Brian Stack (D)*,  Shirley Turner (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/29/2024)

Official Document