VAWA II, SEC.
241. CHILD CUSTODY, CHILD ABUSE, AND VICTIMS OF DOMESTIC VIOLENCE.
[emphasis
added]
SEC.
241. CHILD CUSTODY, CHILD ABUSE, AND VICTIMS OF DOMESTIC VIOLENCE.
It is the sense of Congress that--
(1) for purposes of determining child
custody, it is in the best interest of children to have a presumption
that children should have their main physical residence with
their primary caretaker parent unless that parent is unfit;
(2) for purposes of determining child custody, it is not in
the best interest of children to--
(A) force parents to share custody over the objection of one
or both parents when there is a history of domestic violence;
(B) punish abused or protective parents who protect themselves
or their children;
(C) presume that allegations of domestic
violence or child sexual assault are likely to be made falsely
or for tactical advantage during custody and divorce proceedings;
and
(D) make `friendly parent' provisions a factor when there is
abuse by one parent against the other or a child;
(3) child abuse and child sexual abuse allegations should be
fully and impartially investigated regardless of when they are
raised or whether the child has withdrawn the allegation;
(4) States should be far more protective
of victims of domestic violence and sexual assault in custody
and visitation determinations and not order mediation, couples
counseling, shared custody, mutual orders of protection, unsupervised
visitation, or other measures when they may endanger the other
parent or the child; and
(5) States should provide training in domestic violence and
sexual assault, as they impact custody, child support and visitation
determinations, to all professionals who interact with children
and parents (including judges, attorneys, guardians ad litem
and other individuals appointed to represent children, therapists
and mental health professionals, custody evaluators, child protective
services personnel, and court appointed special advocates).
Subtitle E--Child Welfare Worker Training on Domestic Violence
and Sexual Assault
SEC. 251. CHILD WELFARE WORKER TRAINING ON DOMESTIC VIOLENCE
AND SEXUAL ASSAULT.
(a) PURPOSE- The purpose of this program is to encourage States,
Indian tribal governments, and units of local government to
recognize and treat, as part of their ongoing child welfare
responsibilities, domestic violence as and sexual assault as
serious problems threatening the safety and well-being of its
child and adult victims.
(b) GRANT AUTHORITY- The Attorney General shall make grants
jointly with the Secretary of Health and Human Services (the
Secretary) to eligible States, Indian tribal governments, or
units of local government to enable child welfare service agencies
to train staff and modify policies, procedures, programs, and
practices so that policies, practices, and services are consistent
with the following principles:
(1) They protect the children.
(2) They increase the safety and well-being of the children,
including increasing the safety of the nonabusing parents.
(3) They increase the safety of the
children by supporting the autonomy and capacity of the adult
victims.
(4) They hold perpetrators, not the
victims, responsible for stopping the abusive behaviors.
(c) GOALS OF GRANT- The activities under the grant shall be
directed to achieve at least 1 or more of the following goals:
(1) Identify and assess the presence of domestic violence and
sexual assault in child protection cases, in a way that assures
the safety and confidentiality of those involved.
(2) Recognize the overlap between child abuse and domestic violence
in families, the dangers posed to both child and adult victims,
and the physical, emotional, and developmental impact on children.
VAWA II, SEC.
241. CHILD CUSTODY, CHILD ABUSE, AND VICTIMS OF DOMESTIC VIOLENCE.
[emphasis
added]
SEC.
241. CHILD CUSTODY, CHILD ABUSE, AND VICTIMS OF DOMESTIC VIOLENCE.
It is the sense of Congress that--
(1) for purposes of determining child
custody, it is in the best interest of children to have a presumption
that children should have their main physical residence with
their primary caretaker parent unless that parent is unfit;
(2) for purposes of determining child custody, it is not in
the best interest of children to--
(A) force parents to share custody over the objection of one
or both parents when there is a history of domestic violence;
(B) punish abused or protective parents who protect themselves
or their children;
(C) presume that allegations of domestic
violence or child sexual assault are likely to be made falsely
or for tactical advantage during custody and divorce proceedings;
and
(D) make `friendly parent' provisions a factor when there is
abuse by one parent against the other or a child;
(3) child abuse and child sexual abuse allegations should be
fully and impartially investigated regardless of when they are
raised or whether the child has withdrawn the allegation;
(4) States should be far more protective
of victims of domestic violence and sexual assault in custody
and visitation determinations and not order mediation, couples
counseling, shared custody, mutual orders of protection, unsupervised
visitation, or other measures when they may endanger the other
parent or the child; and
(5) States should provide training in domestic violence and
sexual assault, as they impact custody, child support and visitation
determinations, to all professionals who interact with children
and parents (including judges, attorneys, guardians ad litem
and other individuals appointed to represent children, therapists
and mental health professionals, custody evaluators, child protective
services personnel, and court appointed special advocates).
Subtitle E--Child Welfare Worker Training on Domestic Violence
and Sexual Assault
SEC. 251. CHILD WELFARE WORKER TRAINING ON DOMESTIC VIOLENCE
AND SEXUAL ASSAULT.
(a) PURPOSE- The purpose of this program is to encourage States,
Indian tribal governments, and units of local government to
recognize and treat, as part of their ongoing child welfare
responsibilities, domestic violence as and sexual assault as
serious problems threatening the safety and well-being of its
child and adult victims.
(b) GRANT AUTHORITY- The Attorney General shall make grants
jointly with the Secretary of Health and Human Services (the
Secretary) to eligible States, Indian tribal governments, or
units of local government to enable child welfare service agencies
to train staff and modify policies, procedures, programs, and
practices so that policies, practices, and services are consistent
with the following principles:
(1) They protect the children.
(2) They increase the safety and well-being of the children,
including increasing the safety of the nonabusing parents.
(3) They increase the safety of the
children by supporting the autonomy and capacity of the adult
victims.
(4) They hold perpetrators, not the
victims, responsible for stopping the abusive behaviors.
(c) GOALS OF GRANT- The activities under the grant shall be
directed to achieve at least 1 or more of the following goals:
(1) Identify and assess the presence of domestic violence and
sexual assault in child protection cases, in a way that assures
the safety and confidentiality of those involved.
(2) Recognize the overlap between child abuse and domestic violence
in families, the dangers posed to both child and adult victims,
and the physical, emotional, and developmental impact on children.
VAWA II, SEC.
241. CHILD CUSTODY, CHILD ABUSE, AND VICTIMS OF DOMESTIC VIOLENCE.
[emphasis added]
SEC.
241. CHILD CUSTODY, CHILD ABUSE, AND VICTIMS OF DOMESTIC VIOLENCE.
It is the sense of Congress that--
(1) for purposes of determining child custody, it is in the best interest of children to have a presumption that children should have their main physical residence with their primary caretaker parent unless that parent is unfit;
(2) for purposes of determining child custody, it is not in the best interest of children to--
(A) force parents to share custody over the objection of one or both parents when there is a history of domestic violence;
(B) punish abused or protective parents who protect themselves or their children;
(C) presume that allegations of domestic violence or child sexual assault are likely to be made falsely or for tactical advantage during custody and divorce proceedings; and
(D) make `friendly parent' provisions a factor when there is abuse by one parent against the other or a child;
(3) child abuse and child sexual abuse allegations should be fully and impartially investigated regardless of when they are raised or whether the child has withdrawn the allegation;
(4) States should be far more protective of victims of domestic violence and sexual assault in custody and visitation determinations and not order mediation, couples counseling, shared custody, mutual orders of protection, unsupervised visitation, or other measures when they may endanger the other parent or the child; and
(5) States should provide training in domestic violence and sexual assault, as they impact custody, child support and visitation determinations, to all professionals who interact with children and parents (including judges, attorneys, guardians ad litem and other individuals appointed to represent children, therapists and mental health professionals, custody evaluators, child protective services personnel, and court appointed special advocates).
Subtitle E--Child Welfare Worker Training on Domestic Violence and Sexual Assault
SEC. 251. CHILD WELFARE WORKER TRAINING ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT.
(a) PURPOSE- The purpose of this program is to encourage States, Indian tribal governments, and units of local government to recognize and treat, as part of their ongoing child welfare responsibilities, domestic violence as and sexual assault as serious problems threatening the safety and well-being of its child and adult victims.
(b) GRANT AUTHORITY- The Attorney General shall make grants jointly with the Secretary of Health and Human Services (the Secretary) to eligible States, Indian tribal governments, or units of local government to enable child welfare service agencies to train staff and modify policies, procedures, programs, and practices so that policies, practices, and services are consistent with the following principles:
(1) They protect the children.
(2) They increase the safety and well-being of the children, including increasing the safety of the nonabusing parents.
(3) They increase the safety of the children by supporting the autonomy and capacity of the adult victims.
(4) They hold perpetrators, not the victims, responsible for stopping the abusive behaviors.
(c) GOALS OF GRANT- The activities under the grant shall be directed to achieve at least 1 or more of the following goals:
(1) Identify and assess the presence of domestic violence and sexual assault in child protection cases, in a way that assures the safety and confidentiality of those involved.
(2) Recognize the overlap between child abuse and domestic violence in families, the dangers posed to both child and adult victims, and the physical, emotional, and developmental impact on children.
It is the sense of Congress that--
(1) for purposes of determining child custody, it is in the best interest of children to have a presumption that children should have their main physical residence with their primary caretaker parent unless that parent is unfit;
(2) for purposes of determining child custody, it is not in the best interest of children to--
(A) force parents to share custody over the objection of one or both parents when there is a history of domestic violence;
(B) punish abused or protective parents who protect themselves or their children;
(C) presume that allegations of domestic violence or child sexual assault are likely to be made falsely or for tactical advantage during custody and divorce proceedings; and
(D) make `friendly parent' provisions a factor when there is abuse by one parent against the other or a child;
(3) child abuse and child sexual abuse allegations should be fully and impartially investigated regardless of when they are raised or whether the child has withdrawn the allegation;
(4) States should be far more protective of victims of domestic violence and sexual assault in custody and visitation determinations and not order mediation, couples counseling, shared custody, mutual orders of protection, unsupervised visitation, or other measures when they may endanger the other parent or the child; and
(5) States should provide training in domestic violence and sexual assault, as they impact custody, child support and visitation determinations, to all professionals who interact with children and parents (including judges, attorneys, guardians ad litem and other individuals appointed to represent children, therapists and mental health professionals, custody evaluators, child protective services personnel, and court appointed special advocates).
Subtitle E--Child Welfare Worker Training on Domestic Violence and Sexual Assault
SEC. 251. CHILD WELFARE WORKER TRAINING ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT.
(a) PURPOSE- The purpose of this program is to encourage States, Indian tribal governments, and units of local government to recognize and treat, as part of their ongoing child welfare responsibilities, domestic violence as and sexual assault as serious problems threatening the safety and well-being of its child and adult victims.
(b) GRANT AUTHORITY- The Attorney General shall make grants jointly with the Secretary of Health and Human Services (the Secretary) to eligible States, Indian tribal governments, or units of local government to enable child welfare service agencies to train staff and modify policies, procedures, programs, and practices so that policies, practices, and services are consistent with the following principles:
(1) They protect the children.
(2) They increase the safety and well-being of the children, including increasing the safety of the nonabusing parents.
(3) They increase the safety of the children by supporting the autonomy and capacity of the adult victims.
(4) They hold perpetrators, not the victims, responsible for stopping the abusive behaviors.
(c) GOALS OF GRANT- The activities under the grant shall be directed to achieve at least 1 or more of the following goals:
(1) Identify and assess the presence of domestic violence and sexual assault in child protection cases, in a way that assures the safety and confidentiality of those involved.
(2) Recognize the overlap between child abuse and domestic violence in families, the dangers posed to both child and adult victims, and the physical, emotional, and developmental impact on children.