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Code · STATUTE-COMPILATIONS · Consolidated Appropriations Act, 2022 · Sec. 1504

Sec. 1504. INCREASED FUNDING FOR STOP GRANTS

1,824 words·~8 min read·/statute-compilations/comps-16906/sec-1504

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1504 INCREASED FUNDING FOR STOP GRANTS Section 2007 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10446) is amended by adding at the end the following: > > ### “(k) Grant Increases for States With Certain Child Custody Proceeding Laws and Standards > > > #### “(1) Definitions > > In this subsection: > > > ##### “(A) Child custody proceeding > > The term ‘child custody proceeding’— > > > ###### “(i) > > means a private family court proceeding in State or local court that, with respect to a child, involves the care or custody of the child in a private divorce, separation, visitation, paternity, child support, legal or physical custody, or civil protection order proceeding between the parents of the child; and > > > ###### “(ii) > > does not include— > > > ###### “(I) > > any child protective, abuse, or neglect proceeding; > > > ###### “(II) > > a juvenile justice proceeding; or > > > ###### “(III) > > any child placement proceeding in which a State, local, or Tribal government, a designee of such a government, or any contracted child welfare agency or child protective services agency of such a government is a party to the proceeding. > > > ##### “(B) Eligible state > > The term ‘eligible State’ means a State that— > > > ###### “(i) > > receives a grant under subsection (a); and > > > ###### “(ii) > > has in effect— > > > ###### “(I) > > each law described in paragraph (3); > > > ###### “(II) > > the standards described in paragraph (4); and > > > ###### “(III) > > the training program described in paragraph (5). > > > ##### “(C) Reunification treatment > > The term ‘reunification treatment’ means a treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged or rejected parent or other family member of the child. > > > #### “(2) Increase > > > ##### “(A) In general > > The Attorney General shall increase the amount of a grant awarded under subsection
(a)to an eligible State that submits an application under paragraph
(6)by an amount that is not more than 10 percent of the average of the total amount of funding provided to the State under subsection
(a)under the 3 most recent awards to the State. > > > ##### “(B) Term of increase > > An increase of a grant under subparagraph
(A)shall be for 1 fiscal year. > > > ##### “(C) Renewal > > An eligible State that receives an increase under subparagraph
(A)may submit an application for renewal of the increase at such time, in such manner, and containing such information as the Attorney General may reasonably require. > > > ##### “(D) Limit > > An eligible State may not receive an increase under subparagraph
(A)for more than 4 fiscal years. > > > #### “(3) Laws > > The laws described in this paragraph are the following: > > > ##### “(A) > > A law that ensures that, with respect to a child custody proceeding in which a parent has been alleged to have committed domestic violence or child abuse, including child sexual abuse— > > > ###### “(i) > > expert evidence from a court-appointed or outside professional relating to the alleged abuse may be admitted only if the professional possesses demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature; and > > > ###### “(ii) > > in making a finding regarding any allegation of domestic violence or child abuse, including child sexual abuse, in addition to any other relevant admissible evidence, evidence of past sexual or physical abuse committed by the accused parent shall be considered, including— > > > ###### “(I) > > any past or current protection or restraining orders against the accused parent; > > > ###### “(II) > > sexual violence abuse protection orders against the accused parent; > > > ###### “(III) > > arrests of the accused parent for domestic violence, sexual violence, or child abuse; or > > > ###### “(IV) > > convictions of the accused parent for domestic violence, sexual violence, or child abuse. > > > ##### “(B) > > A law that ensures that, during a child custody proceeding— > > > ###### “(i) > > a court may not, solely in order to improve a deficient relationship with the other parent of a child, remove the child from a parent or litigating party— > > > ###### “(I) > > who is competent, protective, and not physically or sexually abusive; and > > > ###### “(II) > > with whom the child is bonded or to whom the child is attached; > > > ###### “(ii) > > a court may not, solely in order to improve a deficient relationship with the other parent of a child, restrict contact between the child and a parent or litigating party— > > > ###### “(I) > > who is competent, protective, and not physically or sexually abusive; and > > > ###### “(II) > > with whom the child is bonded or to whom the child is attached; > > > ###### “(iii) > > a court may not order a reunification treatment, unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment; > > > ###### “(iv) > > a court may not order a reunification treatment that is predicated on cutting off a child from a parent with whom the child is bonded or to whom the child is attached; and > > > ###### “(v) > > any order to remediate the resistance of a child to have contact with a violent or abusive parent primarily addresses the behavior of that parent or the contributions of that parent to the resistance of the child before ordering the other parent of the child to take steps to potentially improve the relationship of the child with the parent with whom the child resists contact. > > > ##### “(C) > > A law that requires judges and magistrates who hear child custody proceedings and other relevant court personnel involved in child custody proceedings, including guardians ad litem, best interest attorneys, counsel for children, custody evaluators, masters, and mediators to complete, with respect to the training program described in paragraph (5)— > > > ###### “(i) > > not less than 20 hours of initial training; and > > > ###### “(ii) > > not less than 15 hours of ongoing training every 5 years. > > > #### “(4) Uniform required standards > > The standards described in this paragraph are uniform required standards that— > > > ##### “(A) > > apply to any neutral professional appointed by a court during a child custody proceeding to express an opinion relating to abuse, trauma, or the behaviors of victims and perpetrators of abuse and trauma; and > > > ##### “(B) > > require that a professional described in subparagraph
(A)possess demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature. > > > #### “(5) Training and education program > > The training program described in this paragraph is an ongoing training and education program that— > > > ##### “(A) > > focuses solely on domestic and sexual violence and child abuse, including— > > > ###### “(i) > > child sexual abuse; > > > ###### “(ii) > > physical abuse; > > > ###### “(iii) > > emotional abuse; > > > ###### “(iv) > > coercive control; > > > ###### “(v) > > implicit and explicit bias, including biases relating to parents with disabilities; > > > ###### “(vi) > > trauma; > > > ###### “(vii) > > long- and short-term impacts of domestic violence and child abuse on children; and > > > ###### “(viii) > > victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence; > > > ##### “(B) > > is provided by— > > > ###### “(i) > > a professional with substantial experience in assisting survivors of domestic violence or child abuse, including a victim service provider (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)); and > > > ###### “(ii) > > if possible, a survivor of domestic violence or child physical or sexual abuse; > > > ##### “(C) > > relies on evidence-based and peer-reviewed research by recognized experts in the types of abuse described in subparagraph (A); > > > ##### “(D) > > does not include theories, concepts, or belief systems unsupported by the research described in subparagraph (C); and > > > ##### “(E) > > is designed to improve the ability of courts to— > > > ###### “(i) > > recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in all family victims, particularly children; and > > > ###### “(ii) > > make appropriate custody decisions that— > > > ###### “(I) > > prioritize child safety and well-being; and > > > ###### “(II) > > are culturally sensitive and appropriate for diverse communities. > > > #### “(6) Application > > > ##### “(A) In general > > An eligible State desiring a grant increase under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. > > > ##### “(B) Contents > > An application submitted by an eligible State under subparagraph
(A)shall include information relating to— > > > ###### “(i) > > the laws described paragraph (3); > > > ###### “(ii) > > the standards described in paragraph (4); and > > > ###### “(iii) > > the training program described in paragraph (5). > > > #### “(7) Use of funds > > An eligible State that receives a grant increase under paragraph (2)(A) shall use the total amount of the increase for the purposes described in subparagraph
(C)or
(D)of subsection (c)(4). > > > #### “(8) Rule of construction > > Nothing in this subsection shall be interpreted as discouraging States from adopting additional provisions to increase safe outcomes for children. Additional protective provisions are encouraged. > > > #### “(9) Authorization of appropriations > > There are authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2023 through 2027.” > .
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Sec. 1504
INCREASED FUNDING FOR STOP GRANTS
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