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Legislative Year: 2023 Change

Bill Detail: HB23-1178

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Title Court Personnel And Domestic Violence Awareness
Status Governor Signed (05/25/2023)
Bill Subjects
  • Children & Domestic Matters
  • Civil Law
  • Courts & Judicial
House Sponsors M. Froelich (D)
Senate Sponsors F. Winter (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 02/08/2023

To comply with the federal Keeping Children Safe From Family
Violence Act (federal act), the bill requires courts that hear proceedings
concerning the allocation of parental responsibilities involving domestic
violence or child abuse, including child sexual abuse, to admit expert
testimony and evidence only if the expert demonstrates expertise and
experience working with victims of domestic violence or child abuse,
including child sexual abuse. The court is also required to consider
evidence of past sexual or physical abuse committed by the accused party.
A court shall not remove or restrict contact between a child from
a protective party who is competent, protective, not physically or sexually
abusive, and with whom the child is bonded or attached solely in order to
improve a deficient relationship with the accused party.
The bill provides that a court shall not order reunification
treatment (treatment) that is predicated on cutting off the relationship
between a child and a protective party with whom the child is bonded and
attached. If a court orders treatment, the treatment must be generally
accepted and there must be scientifically valid proof of the safety,
effectiveness, and therapeutic value of the treatment.
The bill directs the task force created in House Bill 23-1108 to
study victim and survivor awareness and responsiveness training
requirements to study the training requirements required by the federal act
for any judge or magistrate who presides over parental responsibility
The bill requires court personnel, including guardians ad litem,
representatives of a child, counsel for youth, special masters, mediators,
child and family investigators, and parental responsibilities evaluators, to
complete no less than 20 hours of initial training and no less than 15
hours of ongoing training every 5 years. The training must focus on
domestic violence and child abuse.
A professional trainer is required to conduct the training. The
professional trainer shall have substantial experience in assisting
survivors of domestic violence or child abuse.
The bill requires the judicial branch to apply to the federal
department of justice's office of the attorney general for a grant increase
in compliance with the federal act.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (06/30/2023) (most recent)  
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