Piqui's Law
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IEFV & CPPA | Forward Together Virtual Conference | 11/05/21
ICAN Childhood Grief and Traumatic Loss Conference | 03/02/22
Dune's Law (WY)
Draft written by Barry Goldstein,
This section shall be cited as “Dune's Law, the Wyoming Safe Child Act” The Legislature finds and declares the following:
(1) Approximately 1 in 15 children is exposed to domestic violence each year.
(2) Most child abuse is perpetrated in the family and by a parent. Intimate partner violence and child abuse overlap in the same families at rates between 30 and 60 percent. A child’s risk of abuse increases after a perpetrator of intimate partner violence separates from a domestic partner, even when the perpetrator has not previously directly abused the child. Children who have witnessed intimate partner violence are approximately 4 times more likely to experience direct child maltreatment than children who have not witnessed intimate partner violence.
(3) More than 75 percent of child sexual abuse is perpetrated by a family member or a person known to the child. Data from the federal Department of Justice shows that family members are 49 percent, or almost half, of the perpetrators of crimes against child sex assault victims younger than 6 years of age.
(4) Research suggests a child’s exposure to a batterer is among the strongest indicators of risk of incest victimization. One study found that female children with fathers who are batterers of their mothers were 6.5 times more likely to experience father-daughter incest than female children who do not have abusive fathers.
(5) Child abuse is a major public health issue in the United States. Total lifetime financial costs associated with just 1 year of confirmed cases of child maltreatment, including child physical abuse, sexual abuse, psychological abuse, and neglect, result in $124,000,000,000 in annual costs to the economy of the United States, or approximately 1 percent of the gross domestic product of the United States.
(6) Empirical research indicates that courts regularly discount allegations of child physical and sexual abuse when those allegations are raised in child custody cases. Courts believed less than 1⁄4 of claims that a father has committed child physical or sexual abuse. With respect to cases in which an allegedly abusive parent claimed the mother ‘‘alienated’’ the child, courts believed only 1 out of 51 claims of sexual molestation by a father. Independent research indicates that child sexual abuse allegations are credible between 50 and 70 percent of the time.
(7) Empirical research shows that alleged or known abusive parents are often granted custody or unprotected parenting time by courts. Approximately 1 ⁄3 of parents alleged to have committed child abuse took primary custody from the protective parent reporting the abuse, placing children at ongoing risk.
(8) Researchers at the Center for Judicial Excellence have documented more than 860 child murders in the United States since 2008 committed by a divorcing or separating parent. More than 100 of these child murders are known to have occurred after a court ordered the child to have contact with the dangerous parent over the objection of a safe parent or caregiver.
(9) Scientifically unsound theories that treat abuse allegations of mothers as likely false attempts to undermine fathers are frequently applied in family court to minimize or deny reports of abuse of parents and children. Many experts who testify against abuse allegations lack expertise in the relevant type of alleged abuse, relying instead on unsound and unproven theories.
(10) Judges presiding over custody cases involving allegations of child abuse, child sexual abuse, and domestic violence are rarely required to receive training on these subjects, and most States have not established standards for such training.
(11) There is now a substantial body of scientific research that can be used in custody cases involving domestic violence or child abuse that would help courts recognize and respond effectively to abuse. The National Council of Juvenile and Family Court Judges seeks to train other judges about ACE (adverse childhood experiences) and Saunders. Most custody cases in Wyoming have not had the benefit of this research. Without ACE, courts routinely minimize the harm from domestic violence and child abuse and without Saunders, courts routinely disbelieve true reports of abuse. ACE and Saunders demonstrate that many common court practices work poorly for children. These routine flawed practices are not neutral in the sense that they apply to both parents. Each practice benefits abusers and tilts courts to risk children.
(12) The ACE Research found that children exposed to domestic violence and child abuse will live shorter lives and face a lifetime of health and social problems. Most of the harm does not come from immediately physical injuries, but from the fear and stress living with abusers cause. Contested custody cases are often the last chance to save children from the awful consequences. The Saunders Study found court professionals need very specific training that includes screening for domestic violence, risk assessment, post-separation violence and the impact of domestic violence on children. Today, most court professionals in Wyoming do not have this information. Saunders recommends a multi-disciplinary approach.
SECTION 1. (a) It is the intent of the Legislature to increase the priority given to child safety and health in any State court divorce, separation, visitation, paternity, child support, civil protection order, or family custody court proceeding affecting the custody and care of children, excluding child protective, abuse, or neglect proceedings and juvenile justice proceedings.
(2) It is the intent of the Legislature to strengthen the abilities of courts to recognize and adjudicate domestic violence and child abuse allegations based on valid, admissible evidence; and enter orders that protect and minimize the risk of harm to children; and (3) It is the intent of the Legislature to ensure that professional personnel involved in cases containing domestic violence or child abuse allegations receive trauma-informed and culturally appropriate training on the dynamics, signs, and impact of domestic violence and child abuse, including child sexual abuse.
Section XXX of the Family Code is added to read: XXX. (a) The paramount concern of all child custody decisions must be to provide complete health and safety for the child, when determining the best interests of the children. Courts shall look to current, valid scientific research concerning domestic violence to inform its decisions in all cases where domestic violence or child abuse is raised during the course of custody litigation. Courts shall not permit practices or approaches that do not have scientific basis and are not accepted practice within the specialized field of practice of domestic violence and child abuse. Professionals who engage in practices based upon such unscientific beliefs shall not be qualified to participate in custody cases where domestic violence or child abuse is raised during the course of litigation.
(b) A parent shall not be penalized for making a good faith complaint about domestic violence or child abuse. Therefore, in a child custody proceeding a court shall not, in order to improve a deficient relationship with the alleged abusive other parent of a child, remove the child from a parent or litigating party during a child custody proceeding;
(1) who is competent, protective, and not physically or sexually abusive; and;
(2) with whom the child is bonded or to whom the child is attached;
(c) In a child custody proceeding in which a parent has been alleged to have committed domestic violence, or child abuse, including child sexual abuse, expert evidence from a court-appointed or outside professional relating to the alleged abuse 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, to fully understand safety issues including behaviors that are associated with higher lethality or injury risks; domestic violence dynamics; effects of domestic violence on children; ability to recognize domestic violence and research about batterer narratives.
(1) A postgraduate degree in mental health such as psychology, psychiatry, or social work absent specialized and approved training, shall not be considered sole proof of domestic violence expertise. A court shall not refuse to qualify an individual as a domestic violence expert because the witness does not possess a postgraduate degree if the witness can demonstrate expertise based upon training and experience.
(d) In cases in which there are allegations of domestic violence, a history between the parties that includes restraining orders, criminal charges, or other evidence of possible domestic violence, early in the proceeding, before the appointment of any GAL, evaluator, or other neutral professional the court shall conduct an evidentiary hearing to determine if one of the parties has engaged in a pattern of domestic violence. If the court finds domestic violence and the non or less abusive parent is safe the court shall award custody to the safe parent and supervised visitation to the abusive parent. Courts shall not use approaches developed for high conflict cases designed to encourage parents to cooperate in any litigated custody case if there have been allegations of domestic violence and or child abuse which have been supported with an expert report opining there is a reasonable risk to children and shared parenting shall not be permitted in these cases absent voluntary consent of both parties. Consent must be determined to be without coercion or undue pressure. A finding denying the allegations of domestic violence shall not prevent the court from considering additional evidence of domestic violence later in the case.
(1) In a child custody proceeding 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.
(e) In cases in which allegations of domestic violence are supported by the preponderance of the evidence, the safe or safer parent shall receive sole custody absent clear and convincing proof that the parent creates an imminent safety risk to the children. The parent who has committed domestic violence shall be permitted only supervised visitation pending a risk assessment by a domestic violence/child abuse professional. In order for the abusive parent to obtain unsupervised visitation, the parent must complete at least a six-month accountability program, accept full responsibility for past abuse, commit to never abusing the children or future partners, understand the harm the abuse caused and convince the court that the benefit of unsupervised visitation outweighs any risk. Termination of all visitation should be considered upon proof of failure to comply as it will present the children with a known dangerous circumstance.
(f) In any case in which the trial judge engaged in or tolerated gender biased practices or permitted practices or approaches based on myths, non-scientific evidence, stereotypes or other bias, an appellate court shall not defer to the judgment of the trial court.
(g) In a child custody proceeding a court shall not order a reunification treatment, unless there is scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment. Additionally,
(1) a court shall also 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
(2) any order to remediate the resistance of a child to have contact with an accused violent or abusive parent must primarily address 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.
(3) For purposes of this paragraph “reunification treatment” means a treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged, abusive, or rejected parent or other family member of the child.
(h) 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, shall be required to complete, not less than 60 hours of initial domestic violence and child abuse training; and not less than 20 hours of ongoing domestic violence and child abuse training every 2 years as described.
(1) The standards required in this shall apply to any 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;
(2) The standards required in this section shall not, count towards a professional serving as an expert witness’s 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; for the purpose of complying with section b of this Act.
(3) The training program described in section (h) is an ongoing training and education program which shall be designed to improve the ability of courts to recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in all family victims, particularly children; and make appropriate custody decisions that prioritize child safety and well-being; and are culturally sensitive and appropriate for diverse communities. It shall:
(a) focus 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) be provided by a professional with substantial experience in assisting survivors of domestic violence or child abuse, which must include at least one victim service provider (as defined in section 40002 of the Violence Against Women Act 13 of 1994 (34 U.S.C. 12291)); and if possible, a survivor of domestic violence or child physical or sexual abuse.
(c) rely on evidence-based and peer-reviewed research by recognized experts in the types of abuse described in paragraph (a);
(d) not include theories, concepts, or belief systems unsupported by the research described in paragraph (c ).
(i) This section is intended to bring Wyoming into compliance with the federal Violence Against Women Act reauthorization of 2022, and make the state eligible for federal STOP grant funding as appropriated for states which are meeting the requirements in that law
*It needs to be put into legislative language and reference particular Wyoming Statutes.
*Draft provided by the Center for Judicial Excellence.
https://nfg-dm-bee.s3.amazonaws.com/images/centerforjudicialexcellence/Final%20Senate%20Judic%20Sponsor%20Ltr%20on%20SB%20616%208_22.docx.pdf
https://nfg-dm-bee.s3.amazonaws.com/images/centerforjudicialexcellence/Fact%20Sheet%20on%20SB%20616%20%28Rubio%29%20Piqui%27s%20Law-3.pdf
IEFV & CPPA | Forward Together Virtual Conference | 11/05/21
ICAN Childhood Grief and Traumatic Loss Conference | 03/02/22
Dune's Law (WY)
Draft written by Barry Goldstein,
This section shall be cited as “Dune's Law, the Wyoming Safe Child Act” The Legislature finds and declares the following:
(1) Approximately 1 in 15 children is exposed to domestic violence each year.
(2) Most child abuse is perpetrated in the family and by a parent. Intimate partner violence and child abuse overlap in the same families at rates between 30 and 60 percent. A child’s risk of abuse increases after a perpetrator of intimate partner violence separates from a domestic partner, even when the perpetrator has not previously directly abused the child. Children who have witnessed intimate partner violence are approximately 4 times more likely to experience direct child maltreatment than children who have not witnessed intimate partner violence.
(3) More than 75 percent of child sexual abuse is perpetrated by a family member or a person known to the child. Data from the federal Department of Justice shows that family members are 49 percent, or almost half, of the perpetrators of crimes against child sex assault victims younger than 6 years of age.
(4) Research suggests a child’s exposure to a batterer is among the strongest indicators of risk of incest victimization. One study found that female children with fathers who are batterers of their mothers were 6.5 times more likely to experience father-daughter incest than female children who do not have abusive fathers.
(5) Child abuse is a major public health issue in the United States. Total lifetime financial costs associated with just 1 year of confirmed cases of child maltreatment, including child physical abuse, sexual abuse, psychological abuse, and neglect, result in $124,000,000,000 in annual costs to the economy of the United States, or approximately 1 percent of the gross domestic product of the United States.
(6) Empirical research indicates that courts regularly discount allegations of child physical and sexual abuse when those allegations are raised in child custody cases. Courts believed less than 1⁄4 of claims that a father has committed child physical or sexual abuse. With respect to cases in which an allegedly abusive parent claimed the mother ‘‘alienated’’ the child, courts believed only 1 out of 51 claims of sexual molestation by a father. Independent research indicates that child sexual abuse allegations are credible between 50 and 70 percent of the time.
(7) Empirical research shows that alleged or known abusive parents are often granted custody or unprotected parenting time by courts. Approximately 1 ⁄3 of parents alleged to have committed child abuse took primary custody from the protective parent reporting the abuse, placing children at ongoing risk.
(8) Researchers at the Center for Judicial Excellence have documented more than 860 child murders in the United States since 2008 committed by a divorcing or separating parent. More than 100 of these child murders are known to have occurred after a court ordered the child to have contact with the dangerous parent over the objection of a safe parent or caregiver.
(9) Scientifically unsound theories that treat abuse allegations of mothers as likely false attempts to undermine fathers are frequently applied in family court to minimize or deny reports of abuse of parents and children. Many experts who testify against abuse allegations lack expertise in the relevant type of alleged abuse, relying instead on unsound and unproven theories.
(10) Judges presiding over custody cases involving allegations of child abuse, child sexual abuse, and domestic violence are rarely required to receive training on these subjects, and most States have not established standards for such training.
(11) There is now a substantial body of scientific research that can be used in custody cases involving domestic violence or child abuse that would help courts recognize and respond effectively to abuse. The National Council of Juvenile and Family Court Judges seeks to train other judges about ACE (adverse childhood experiences) and Saunders. Most custody cases in Wyoming have not had the benefit of this research. Without ACE, courts routinely minimize the harm from domestic violence and child abuse and without Saunders, courts routinely disbelieve true reports of abuse. ACE and Saunders demonstrate that many common court practices work poorly for children. These routine flawed practices are not neutral in the sense that they apply to both parents. Each practice benefits abusers and tilts courts to risk children.
(12) The ACE Research found that children exposed to domestic violence and child abuse will live shorter lives and face a lifetime of health and social problems. Most of the harm does not come from immediately physical injuries, but from the fear and stress living with abusers cause. Contested custody cases are often the last chance to save children from the awful consequences. The Saunders Study found court professionals need very specific training that includes screening for domestic violence, risk assessment, post-separation violence and the impact of domestic violence on children. Today, most court professionals in Wyoming do not have this information. Saunders recommends a multi-disciplinary approach.
SECTION 1. (a) It is the intent of the Legislature to increase the priority given to child safety and health in any State court divorce, separation, visitation, paternity, child support, civil protection order, or family custody court proceeding affecting the custody and care of children, excluding child protective, abuse, or neglect proceedings and juvenile justice proceedings.
(2) It is the intent of the Legislature to strengthen the abilities of courts to recognize and adjudicate domestic violence and child abuse allegations based on valid, admissible evidence; and enter orders that protect and minimize the risk of harm to children; and (3) It is the intent of the Legislature to ensure that professional personnel involved in cases containing domestic violence or child abuse allegations receive trauma-informed and culturally appropriate training on the dynamics, signs, and impact of domestic violence and child abuse, including child sexual abuse.
Section XXX of the Family Code is added to read: XXX. (a) The paramount concern of all child custody decisions must be to provide complete health and safety for the child, when determining the best interests of the children. Courts shall look to current, valid scientific research concerning domestic violence to inform its decisions in all cases where domestic violence or child abuse is raised during the course of custody litigation. Courts shall not permit practices or approaches that do not have scientific basis and are not accepted practice within the specialized field of practice of domestic violence and child abuse. Professionals who engage in practices based upon such unscientific beliefs shall not be qualified to participate in custody cases where domestic violence or child abuse is raised during the course of litigation.
(b) A parent shall not be penalized for making a good faith complaint about domestic violence or child abuse. Therefore, in a child custody proceeding a court shall not, in order to improve a deficient relationship with the alleged abusive other parent of a child, remove the child from a parent or litigating party during a child custody proceeding;
(1) who is competent, protective, and not physically or sexually abusive; and;
(2) with whom the child is bonded or to whom the child is attached;
(c) In a child custody proceeding in which a parent has been alleged to have committed domestic violence, or child abuse, including child sexual abuse, expert evidence from a court-appointed or outside professional relating to the alleged abuse 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, to fully understand safety issues including behaviors that are associated with higher lethality or injury risks; domestic violence dynamics; effects of domestic violence on children; ability to recognize domestic violence and research about batterer narratives.
(1) A postgraduate degree in mental health such as psychology, psychiatry, or social work absent specialized and approved training, shall not be considered sole proof of domestic violence expertise. A court shall not refuse to qualify an individual as a domestic violence expert because the witness does not possess a postgraduate degree if the witness can demonstrate expertise based upon training and experience.
(d) In cases in which there are allegations of domestic violence, a history between the parties that includes restraining orders, criminal charges, or other evidence of possible domestic violence, early in the proceeding, before the appointment of any GAL, evaluator, or other neutral professional the court shall conduct an evidentiary hearing to determine if one of the parties has engaged in a pattern of domestic violence. If the court finds domestic violence and the non or less abusive parent is safe the court shall award custody to the safe parent and supervised visitation to the abusive parent. Courts shall not use approaches developed for high conflict cases designed to encourage parents to cooperate in any litigated custody case if there have been allegations of domestic violence and or child abuse which have been supported with an expert report opining there is a reasonable risk to children and shared parenting shall not be permitted in these cases absent voluntary consent of both parties. Consent must be determined to be without coercion or undue pressure. A finding denying the allegations of domestic violence shall not prevent the court from considering additional evidence of domestic violence later in the case.
(1) In a child custody proceeding 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.
(e) In cases in which allegations of domestic violence are supported by the preponderance of the evidence, the safe or safer parent shall receive sole custody absent clear and convincing proof that the parent creates an imminent safety risk to the children. The parent who has committed domestic violence shall be permitted only supervised visitation pending a risk assessment by a domestic violence/child abuse professional. In order for the abusive parent to obtain unsupervised visitation, the parent must complete at least a six-month accountability program, accept full responsibility for past abuse, commit to never abusing the children or future partners, understand the harm the abuse caused and convince the court that the benefit of unsupervised visitation outweighs any risk. Termination of all visitation should be considered upon proof of failure to comply as it will present the children with a known dangerous circumstance.
(f) In any case in which the trial judge engaged in or tolerated gender biased practices or permitted practices or approaches based on myths, non-scientific evidence, stereotypes or other bias, an appellate court shall not defer to the judgment of the trial court.
(g) In a child custody proceeding a court shall not order a reunification treatment, unless there is scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment. Additionally,
(1) a court shall also 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
(2) any order to remediate the resistance of a child to have contact with an accused violent or abusive parent must primarily address 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.
(3) For purposes of this paragraph “reunification treatment” means a treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged, abusive, or rejected parent or other family member of the child.
(h) 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, shall be required to complete, not less than 60 hours of initial domestic violence and child abuse training; and not less than 20 hours of ongoing domestic violence and child abuse training every 2 years as described.
(1) The standards required in this shall apply to any 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;
(2) The standards required in this section shall not, count towards a professional serving as an expert witness’s 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; for the purpose of complying with section b of this Act.
(3) The training program described in section (h) is an ongoing training and education program which shall be designed to improve the ability of courts to recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in all family victims, particularly children; and make appropriate custody decisions that prioritize child safety and well-being; and are culturally sensitive and appropriate for diverse communities. It shall:
(a) focus 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) be provided by a professional with substantial experience in assisting survivors of domestic violence or child abuse, which must include at least one victim service provider (as defined in section 40002 of the Violence Against Women Act 13 of 1994 (34 U.S.C. 12291)); and if possible, a survivor of domestic violence or child physical or sexual abuse.
(c) rely on evidence-based and peer-reviewed research by recognized experts in the types of abuse described in paragraph (a);
(d) not include theories, concepts, or belief systems unsupported by the research described in paragraph (c ).
(i) This section is intended to bring Wyoming into compliance with the federal Violence Against Women Act reauthorization of 2022, and make the state eligible for federal STOP grant funding as appropriated for states which are meeting the requirements in that law
*It needs to be put into legislative language and reference particular Wyoming Statutes.
*Draft provided by the Center for Judicial Excellence.
