Sec. 1605. Increased funding for formula grants authorized
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The Attorney General shall increase the amount provided to a State under the covered formula grants in accordance with this title if— The State has in place a law ensuring that, in a custody proceeding where a parent has been alleged to have committed domestic violence or child abuse, including child sexual abuse, evidence from court-appointed or outside professionals regarding the alleged abuse may be admitted only when the professional possesses demonstrated expertise and clinical, not solely forensic, experience in working with victims of domestic violence or child abuse, including child sexual abuse.
The State has in place a law ensuring that, in a custody proceeding where a parent has been alleged to have committed domestic violence or child abuse, including child sexual abuse, evidence of past sexual or physical abuse committed by a party, including but not limited to any past or current protection from abuse orders, sexual violence abuse protection orders, arrests, or convictions, must be considered in determining the truth of any allegations of family violence. The State has in place uniform required standards of domestic violence and child abuse expertise and experience for all court-appointed neutral professional opinions related to abuse, trauma, and the behaviors of victims and perpetrators, which meet the criteria in paragraph (1)(A).
The state has in place a law ensuring that— No child shall be removed from the care of a competent protective, non-physically or sexually abusive parent or litigating party to whom the child is bonded or attached, nor shall the child’s contact with such parent be restricted, solely in order to improve a deficient relationship with the other parent. No reunification treatment may be ordered by the court without scientifically valid and generally accepted proof of the safety, effectiveness and therapeutic value of the particular treatment, nor may any treatment predicated on cutting off a child from the parent to whom they are bonded or attached be ordered.
Any order to remediate a child’s contact resistance must address the resisted parent’s behaviors or contributions to the child’s resistance first, before ordering the preferred parent to take steps to potentially improve the child’s relationship with the parent they resist. The state has in place an ongoing education and training program for judges and magistrates who hear custody matters, and relevant court personnel, including guardians ad litem, best interest attorneys, counsel for children, custody evaluators, masters, and mediators, focusing solely on domestic violence and child abuse, including— child sexual abuse; physical abuse; emotional abuse; coercive control; implicit and explicit bias; trauma; long and short-term impacts of domestic violence and child abuse on children; and victim and perpetrator behaviors.
Training must be provided by — professionals with substantial experience in assisting survivors of domestic violence or child abuse, such as a victim service provider; and where possible, survivors of domestic violence, or child physical or sexual abuse. The education and training program in subparagraph
(A)shall rely on evidence-based and peer-reviewed research by recognized experts in the types of abuse designated under this section. The education and training program shall not include theories, concepts, and belief systems unsupported by valid, credible scientific research. The education and training program shall be designed to improve the ability of courts to recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma on all family victims, particularly children, and make appropriate custody decisions that prioritize child safety and well-being, and shall be culturally sensitive and appropriate for diverse communities. Judges and all other personnel identified in subparagraph
(A)must receive at least 60 hours of initial training on these identified topics, and at least 20 hours of this ongoing training every two years. Prior to being appointed in a case, a custody evaluator shall, at a minimum, hold a Master’s degree in a relevant field and must have completed the training requirements of subparagraph (D). The state shall notify parties of the importance of legal representation and shall direct the parties to appropriate resources. The amount of the increase provided to a State under the covered formula grant under this title shall be equal to not more than 10 percent of the average of the total amount of funding provided to the State under the covered formula grant under the 3 most recent awards to the State.