Federal Laws to State Laws

President Biden Signs Kayden's Law in VAWA

 A monumental step forward for child safety in family court - 2022

Kayden's Law in VAWA Signed into Law

WASHINGTON, D.C., March 16, 2022 -Signed by President Biden, Keeping Children Safe from Family Violence, or "Kayden's Law" for short, in VAWA is the first child safety federal law that incentivizes states to adopt private, child safety legislaton to help end our family court crisis.  Our thanks to Congressman Brian Fitzpatrick (PA-01) for his bill; for Danielle Pollack and Joan Meier working to write this bill; and for Congressmembers Sen. Feinstein, Sen. Durbin, Sen. Ernst and Sen. Murkowski for leading VAWA (and including Kayden's Law) as well as all who signed on  and supported this bill.  

  • What is Keeping Children Safe from Family Violence or "Kayden's Law"

    Kayden's Law is named after Kayden Mancuso.  Her protective parent, Kathy Sherlock, fought to protect her from her abusive father with a documented history of violence and mental instability.  The courts refused to protect Kayden with full protective orders.  On an unsupervised visit with her father, Kayden, only seven years old,  was violently murdered by him on August 5, 2018.  


    Kathy immediately starting advocating for child safety at the state level where Danielle Pollack was already working to introduce federal and state level  child safety laws.  Together with  her colleague Joan Meier at The National Family Violence Law Center at GW, Danielle and Joan helped Congressman Brian Fitzpatrick introduce a new bill that was based on the Pennsylvania state bill they wrote with Richard Ducote for PA State Senators Santarsiero and Baker as well as Representative Davis.


    Kayden's Law was added into VAWA, passed in Congress with the Omnibus package, and signed by President Biden on March 16, 2022.


    The Keeping Children Safe From Family Violence Act or "Kayden’s Law" in VAWA, incentivizes states to ensure that their child custody laws adequately protect at-risk children by:

     

    1. Restricting expert testimony to only those who are appropriately qualified to provide it.

    Evidence from court-appointed or outside professionals regarding alleged abuse may be admitted only when the professional possesses demonstrated expertise and experience in working with victims of domestic violence or child abuse, including child sexual abuse.

     

    2. Limiting the use of reunification camps and therapies which cannot be proven to be safe and effective. No “reunification treatment" may be ordered by the court without scientifically valid and   generally accepted proof of the safety, effectiveness and therapeutic value of the particular treatment.

     

    3. Providing evidence-based ongoing training to judges and court personnel on family violence subject matter, including: (i) child sexual abuse; (ii) physical abuse; (iii) emotional abuse; (iv) coercive control; (v) implicit and explicit bias; (vi) trauma; (vii) long and short-term impacts of domestic violence and child abuse on children; and (viii) victim and perpetrator behaviors.


  • Keeping Children Safe from Family Violence or "Kayden's Law" Language to Use (page 2294)

    TITLE XV—KEEPING CHILDREN

    14 SAFE FROM FAMILY VIOLENCE

    15 SEC. 1501. SHORT TITLE.

    16 This title may be cited as the ‘‘Keeping Children Safe

    17 From Family Violence Act’’ or ‘‘Kayden’s Law’’. 


    or on the Congressional website: 


    https://www.congress.gov/bill/117th-congress/house-bill/2471/text 


    (do a find for Keeping Children Safe from Family Violence")


    or print this page for a handout


  • Watch President Biden's Conference

     Watch President Biden's Conference from March 16, 2022 when Kayden's Law was signed into VAWA.


    https://youtu.be/dnjNvic4JjE 


Bringing Kayden's Law to your State

Now that Keeping Children Safe from Family Violence or Kayden's Law is a federal law, you can bring this exact language to your state.  Our thanks to all protective parents, including Kathy Sherlock, Kayden's mom,  who have leaned in to be the change despite the trauma.  Advocates working with experts is the key to bringing this to the state level. 


Here are the next steps:

  • Join the Advocacy Group

    Forward together means joining forces with others across the nation to be the change.  Protective parents, advocates, experts are coming together with the National Safe Parent Organization.  


    You can join the advocacy group, connect with others in your state and work together to bring Kayden's Law to your state legislators.


    Join by going to the National Safe Parent Organization website.


    Founded in January 2022, the National Safe Parents Organization (NSPO) represents dozens of family court reform and advocacy organizations, including more than 100,000 survivor parents and concerned citizens in the United States advocating for evidence-based policies which put child safety and risks at the forefront of child custody decisions.

  • Work on your Story

    All protective parents have a story.  Knowing how to share your story is important.


    When you meet wtih your legislators, you may only have three  to 15 minutes to share.  You want to make sure you share how the court was unable to aid you, how any abuse may have been dismissed and present the solution of Kayden's Law.

  • Know your State Legislators

    Every state has senators and assembly members or representatives.  You can look them up online, ask for a meeting either in your local office or at your state capitol.  


    Gather your group to join you.  Bring print outs of Kayden's Law, know your ask to add this to your state legislation and be ready to share your story.


    The Keeping Children Safe From Family Violence Act or "Kayden’s Law" in VAWA, incentivizes states to ensure that their child custody laws adequately protect at-risk children by:

     

    1. Restricting expert testimony to only those who are appropriately qualified to provide it.

    Evidence from court-appointed or outside professionals regarding alleged abuse may be admitted only when the professional possesses demonstrated expertise and experience in working with victims of domestic violence or child abuse, including child sexual abuse.

     


    2. Limiting the use of reunification camps and therapies which cannot be proven to be safe and effective. No “reunification treatment" may be ordered by the court without scientifically valid and   generally accepted proof of the safety, effectiveness and therapeutic value of the particular treatment.

     

    3. Providing evidence-based ongoing training to judges and court personnel on family violence subject matter, including: (i) child sexual abuse; (ii) physical abuse; (iii) emotional abuse; (iv) coercive control; (v) implicit and explicit bias; (vi) trauma; (vii) long and short-term impacts of domestic violence and child abuse on children; and (viii) victim and perpetrator behaviors.


Advocates and the Media

Forward together! This movement happens with the advocates voices and the media coverage.  Your voice and the movement amplified helps support legislators to move policy and get it passed for your state.  We thank Angelina Jolie who stepped in to speak of Kayden's Law to get it passed, Kate Snow with NBC Nightly News with Lester Holt for covering the crisis and the signing of Kayden's Law in VAWA, and all who have used their voice and position to better tell of this crisis to end it.

House Concurrent Resolution 72 PASSES in United Stated House of Representatives

 A major step forward for child safety in family court - 2018

WASHINGTON, September 25, 2018—In a triumph for parents and children who have been the victims of family violence, the U.S. House of Representatives passed a concurrent resolution urging state courts to determine family violence claims and risks to children before considering other ‘best interest’ factors. The resolution also encourages states to ensure that courts rely only on admissible evidence and qualified experts, and to adopt qualification standards for third-party appointees. It affirms that Congress is prepared to use its oversight authority to protect at-risk children. 

H. Con. Res. 72 is a child safety resolution that will allow for states to ensure that child safety is the first priority in our courts; family violence matters are resolved before assessing best interest of the child; evidence from court and paid officials will only be accepted from those with the proper abuse and trauma training; and there will be oversight hearings to ensure family court practices are safe for children. See the full resolution text here. 

This is a major step forward for child safety in our courts that will help lead to protection and more needed changes from funding to state laws and adherence of laws.




States Bring H. Con. Res. 72 Home

California

Family courts should ensure that
the safety of the child has priority over all other considerations in any custody or visitation decision.

Children have the right to be safe and free from abuse.

New Hampshire

 If there is evidence of domestic violence, child abuse, or neglect the child's wishes shall be considered pursuant to RSA 461-A:6 and the child's safety and rights shall be the first priority in the determination of parenting time.
(f) Adopt as part of this policy H.Con.Res.72, passed by Congress September 25, 2018, "Which expressed 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."

Pennsylvania

When considering an award of custody, ensuring the health and safety of the child must be the court’s first priority.

Texas

 RESOLVED, That family court professionals prioritize the
  safety of a child who has witnessed domestic violence or is injured or abused and resolve child safety risks and claims of family violence before taking other actions in the best interest of the children.

Utah

Shall consider  evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional.
H. Con. Res. 72 Passes in the House with ZERO opposition
Bring Concurrent Resolution 72
Legislation to Your State 
Our thanks
The 115th Congress heard protective parents.  We thank our sponsor, cosponsors and all of the advocates, especially Pillsbury, DV Leap, Center for Judicial Excellence, Ana Estevez and Jacqueline Franchetti for their hard work to bring our country forward for children's right to be safe at home.

Next Steps
Reach out to your House Representative to ask for the oversight hearings as written in the resolution:  (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.

Bring this legislation to your state if you do not already have this language at your state level.

See the full list of Cosponsors here
Along with all who voted for H. Con. Res. 72, we thank all who sponsored this resolution to bring it forward for a vote.  Cosponsors can be seen on this page and here.

Read the full press release here.  
Why This Resolution is Needed
  • 58,000 children a year are court ordered into partial or full custody with their abusive parent after their safe, protective parent attempts to protect them through the family court.
  • At least 771 innocent children have been murdered by a divorcing or separating parent in the U.S. since 2008. When abuse is reported in custody cases, 60 - 75% of abusers gain custody. In one study, this number goes up to 85% in California.
  • The 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) amounts to approximately $124 billion.
  • The CDC and Kaiser Permanente 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.”  
  • The ACE Study also shows many children have a higher risk of addictions, depression, school struggles, anxiety, teenage pregnancy and suicide.
Click internal links for citations
CPPA also has a 501(h) status.  This is to help all understand the importance of passing laws to protect children from abuse.
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