The proposed bill, known as the "Keeping Children Safe from Family Violence Act" or "Kayden's Law," aims to enhance the judicial system's response to cases involving allegations of domestic violence and child abuse during custody and visitation proceedings. It establishes a new chapter in the General Laws, which includes definitions of key terms such as "accused party," "protective party," and "reunification treatment."
The bill mandates that courts consider expert testimony and evidence from professionals with relevant experience when allegations of abuse are present. It outlines specific restrictions on court orders regarding child custody, ensuring that protective parties are not penalized for their relationship with the child and that any reunification treatment is scientifically validated. The court is required to consider the admission of expert testimony only from professionals with demonstrated expertise in working with victims of domestic violence or child abuse.
Additionally, the bill emphasizes the need for training and education for judges and court personnel on recognizing and addressing domestic violence and child abuse. It establishes a task force to study training requirements and make recommendations for judges or magistrates presiding over parental responsibility proceedings. Child and family investigators and parental responsibilities evaluators involved in these proceedings are required to complete a minimum of twenty hours of initial training and fifteen hours of ongoing training every five years, focusing on various aspects of domestic violence and child abuse.
The act aims to improve the safety and well-being of children involved in custody disputes by prioritizing their protection and ensuring that courts are equipped to handle such sensitive cases effectively. The act will take effect upon passage.