H.Con.Res. 72House115th Congress (2017-2019)Passed House

Expressing the sense of Congress that child safety is the first priority of custody and visitation adjudications, and that State courts should improve adjudications of custody where family violence is alleged.

Introduced July 24, 2017

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Updated April 15, 2026 at 5:26 PM UTC

This concurrent resolution urges that, in child‑custody and visitation cases, protecting children should come before any other consideration. It calls on state courts to give higher priority to allegations of family violence and to improve how they handle such claims, ensuring that children’s safety is the main focus.

Key Provisions

  • State courts should treat child safety as the top factor in custody decisions and address any family‑violence claims before other "best‑interest" factors.
  • All evidence used in custody cases must meet standard evidentiary rules.
  • Testimony from court‑appointed or fee‑paid professionals about abuse or trauma may be used only if the professional has documented expertise in that type of abuse and its effects.
  • States should create clear standards for the qualifications of these professionals and specify what must be included in their reports.
  • States may consider paying court‑appointed experts directly, with possible reimbursement by the parties based on their ability to pay.
  • Congress should hold hearings to examine how family courts handle children’s safety and civil‑rights issues.

Legislative Activity

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8 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

September 26, 2018

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HouseIntro Referral

Introduced in House

July 24, 2017

HouseIntro Referral

Referred to the House Committee on the Judiciary.

July 24, 2017

HouseFloor

Mr. Rutherford moved to suspend the rules and agree to the resolution, as amended.

September 25, 2018 • 7:48 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8844-8847)

September 25, 2018 • 7:49 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H. Con. Res. 72.

September 25, 2018 • 7:49 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and agree to the resolution, as amended Agreed to by voice vote.(text: CR H8844-8845)

September 25, 2018 • 8:10 PM

HouseFloor

On motion to suspend the rules and agree to the resolution, as amended Agreed to by voice vote. (text: CR H8844-8845)

September 25, 2018 • 8:10 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 25, 2018 • 8:10 PM

SenateIntro Referral

Received in the Senate.

September 26, 2018

Floor Debate

3 members

What members said about H.Con.Res. 72 on the floor

2 Republicans1 Democrat
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 25, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of the House concurrent resolution. I thank my colleague on the Judiciary Committee for his leadership. I want…

Pete Sessions
Rep. Pete SessionsR-TX-32 · Sep 25, 2018

Mr. Speaker, I want to thank the distinguished gentleman, who spent his career not only as a sheriff, but a duly- elected constitutional Member in Florida, but also to the distinguished gentlewoman…

John H. Rutherford
Rep. John H. RutherfordR-FL-4 · Sep 25, 2018

Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 72) expressing the sense of Congress that child safety is the first priority of custody and visitation…

Pete Sessions
Rep. Pete SessionsR-TX-32 · May 18, 2018

Mr. Speaker, I ask unanimous consent that I be considered as the first sponsor of H. Con. Res. 72, originally introduced by Representative Meehan of Pennsylvania, for the purposes of adding…

Bill Text

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Received in SenateIssued September 26, 2018

III

115th CONGRESS

2d Session

H. CON. RES. 72

IN THE SENATE OF THE UNITED STATES

September 26, 2018

Received

CONCURRENT RESOLUTION

Expressing the sense of Congress that child safety is the first priority of custody and visitation adjudications, and that State courts should improve adjudications of custody where family violence is alleged.

Whereas approximately 15 million children are exposed each year to domestic violence and/or child abuse, which are often linked;

Whereas child sexual abuse is significantly under-documented, and under-addressed in the legal system;

Whereas child abuse is a major public health issue in the United States, with total lifetime estimated financial costs associated with just one year of confirmed cases of child maltreatment (including physical abuse, sexual abuse, psychological abuse and neglect) amounting to approximately $124 billion;

Whereas according to the Centers for Disease Control and Prevention, federally launched, funded and tracked longitudinal research into adverse childhood experiences (the ACEs study) has shown that children who experience abuse and neglect are also at increased risk for adverse health effects and certain chronic diseases as adults, including heart disease, cancer, chronic lung disease, liver disease, obesity, high blood pressure, high cholesterol, and high levels of C-reactive protein;

Whereas research confirms that allegations of domestic violence, child abuse, and child sexual abuse are often discounted when raised in child custody litigation;

Whereas research shows that abusive parents are often granted custody or unprotected parenting time by courts, placing children at ongoing risk;

Whereas research confirms that a child’s risk of abuse increases after a perpetrator of domestic violence separates from a domestic partner, even when the perpetrator has not previously abused the child;

Whereas researchers have documented a minimum of 653 children murdered in the United States since 2008 by a parent involved in a divorce, separation, custody, visitation, or child support proceeding, often after access was provided by family courts over the objections of a protective parent;

Whereas scientifically unsound theories are frequently applied to reject parents’ and children’s reports of abuse;

Whereas in cases involving allegations of family violence courts should rely on the assistance of third-party professionals only when they possess the proper experience or expertise for assessing family violence and trauma, and apply scientifically sound and evidence-based theories;

Whereas most States lack standards defining required expertise and experience for court-affiliated or appointed fee-paid professionals in custody litigation or the required contents of custody-related expert reports; and

Whereas custody litigation involving abuse allegations is sometimes prohibitively expensive, resulting in parental bankruptcy, as a result of court-mandated payments to appointed fee-paid professionals, in addition to attorneys’ fees: Now, therefore, be it

That it is the sense of Congress that—

(1)

child safety is the first priority of custody and parenting adjudications, and courts should resolve safety risks and claims of family violence first, as a fundamental consideration, before assessing other best interest factors;

(2)

all evidence admitted in custody and parenting adjudications should be subject to evidentiary admissibility standards;

(3)

evidence from court-affiliated or appointed fee-paid professionals regarding adult or child abuse allegations in custody cases should be admitted only when the professional possesses documented expertise and experience in the relevant types of abuse, trauma, and the behaviors of victims and perpetrators;

(4)

States should define required standards of expertise and experience for appointed fee-paid professionals who provide evidence to the court on abuse, trauma and behaviors of victims and perpetrators, should specify requirements for the contents of such professional reports, and should require courts to find that any appointed professionals meet those standards;

(5)

States should consider models under which court-appointed professionals are paid directly by the courts, with potential reimbursement by the parties after due consideration of the parties’ financial circumstances; and

(6)

Congress should schedule hearings on family courts’ practices with regard to the objective, fair, and unbiased adjudication of children’s safety and civil rights.

Passed the House of Representatives September 25, 2018.

Karen L. Haas,

Clerk.