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CONCURRENT RESOLUTION
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WHEREAS, State courts play an increasingly important role in |
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assessing the risk of domestic violence and child abuse in |
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families, and the risk to children of such violence and abuse is |
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well documented; and |
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WHEREAS, Research shows that more than 50,000 children |
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annually are left in the care of an abuser following a family |
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separation and that after a perpetrator of domestic violence |
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separates from the family, a child's risk of abuse increases even if |
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the perpetrator has not previously abused the child; and |
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WHEREAS, The U.S. Department of Justice estimates that in 30 |
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to 60 percent of cases in which domestic violence or child |
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maltreatment is identified in the home, children in the home have |
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experienced both forms of abuse; and |
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WHEREAS, According to the Domestic Violence Legal |
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Empowerment and Appeals Project, abusive parents who are proven |
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batterers are often granted sole or joint custody of children or |
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given unprotected parenting time by a court over the objection of |
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the other parent, placing children at risk of abuse; and |
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WHEREAS, Researchers for the Center of Judicial Excellence |
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documented the deaths in Texas since 2008 of 68 children who were |
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murdered by a parent involved in a divorce, separation, custody, |
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visitation, or child support proceeding; often, the court granted |
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access to the child over the objection of a protective parent; and |
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WHEREAS, It is critical to provide comprehensive training on |
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domestic violence and child abuse issues to state court officials |
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in order to better prepare them for their vital work; now, |
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therefore, be it |
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RESOLVED, That the 86th Legislature of the State of Texas |
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hereby respectfully urge the Texas Judicial Council to require all |
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court-related professionals to be trauma-informed and trained in |
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recognizing, evaluating, and understanding the evidence and |
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impacts of domestic violence and child abuse; and, be it further |
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RESOLVED, That family court professionals prioritize the |
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safety of a child who has witnessed domestic violence or is injured |
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or abused and resolve child safety risks and claims of family |
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violence before taking other actions in the best interest of the |
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child; and, be it further |
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RESOLVED, That the Texas Legislature schedule hearings on |
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family court practices with regard to the objective, fair, and |
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unbiased adjudication of children's safety and civil rights; and, |
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be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the clerk of the Texas Supreme Court |
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and to the Texas Judicial Council. |