SB 675
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
Senate Bill 675 (Senator Lee)
Judicial Proceedings
Child Custody - Cases Involving Child Abuse or Domestic Violence - Training
for Judges and Child's Counsel
This bill requires the Judiciary, in consultation with domestic violence and child abuse
organizations, to develop a training program for judges presiding over child custody cases
involving child abuse or domestic violence. Among other provisions, the bill also
(1) requires the court to order a danger and lethality assessment in specified circumstances;
(2) establishes minimum training requirements for judges presiding over child custody
cases involving child abuse or domestic violence; and (3) establishes minimum training
requirements for individuals serving as child’s counsel in a custody case involving child
abuse or domestic violence. The bill generally takes effect July 1, 2021; however,
numerous provisions are subject to a delayed effective date of July 1, 2023.
Fiscal Summary
State Effect: Potential significant operational impact for the Judiciary and general fund
expenditures, as discussed below. Revenues are not affected.
Local Effect: Potential significant operational impact and expenditure increase for the
circuit courts. Local revenues are not affected.
Small Business Effect: Potential meaningful.
 Analysis
Bill Summary:
Judicial Training
The training must include numerous specified topics, including:
 the typical brain development of infants and children;
 the process for investigating a report of suspected child abuse or child sexual abuse,
as specified;
 the dynamics and effects of child sexual abuse, physical and emotional child abuse,
and domestic violence;
 the impact of exposure to domestic violence on children and the importance of
considering this impact when making child custody and visitation decisions;
 the potential impacts of explicit and implicit bias on child custody decisions;
 specified information regarding parental alienation; and
 standards for the knowledge, experience, and qualifications of child sexual abuse
evaluators and treatment providers and the legal and ethical considerations of
appointing an unqualified evaluator or allowing an evaluator to practice outside of
his or her fields of expertise.
The training program must be reviewed and updated at least once every two years.
The Judiciary must make educational and training materials relating to the training of
judges assigned to child custody cases involving child abuse or domestic violence available
on request. The Judiciary must adopt procedures, including the uniform screening of initial
pleadings, to identify child custody cases that may involve child abuse or domestic violence
as soon as possible to ensure that only judges who have received training as specified above
are assigned these cases.
The above provisions take effect July 1, 2021.
Danger and Lethality Assessments
In any custody or visitation proceeding, if the court has reasonable grounds to believe that
the case may involve child abuse or domestic violence, the court must order a danger and
lethality assessment to be conducted by an appropriate individual to help ensure the safety
of the parties and the children. This provision takes effect July 1, 2021.
SB 675/ Page 2
Minimum Training Requirements
Beginning July 1, 2023, before presiding over a child custody case involving child abuse
or domestic violence, a judge must receive at least 60 hours of initial training approved by
the Judiciary that meets the requirements of the training program specified above. A judge
who has received the initial training and who continues to preside over child custody cases
involving child abuse or domestic violence must receive at least 10 hours of additional
training every five years. A judge who is assigned to preside over a child custody case
involving child abuse or domestic violence more than three years after receiving the initial
training must register for and attend the next offered initial training.
Child’s Counsel
Beginning July 1, 2023, before an individual may serve as child’s counsel in a child custody
case involving child abuse or domestic violence, the individual must receive at least
60 hours of initial training on the topics required for judges, as specified above. After
meeting these initial training requirements, the individual must receive at least 10 hours of
ongoing training on the aforementioned topics every five years in order to continue to serve
as a child’s counsel. “Child’s counsel” includes a Child’s Best Interest Attorney, a Child’s
Advocate Attorney, or a Child’s Privilege Attorney.
Current Law: Although judicial training requirements are not addressed in statute, a
2016 Administrative Order from Chief Judge Mary Ellen Barbera generally specifies
training requirements for judges, including 12 hours of continuing judicial education
annually. Pursuant to that order, the Judicial College of Maryland within the
Administrative Office of the Courts serves as the primary entity through which judicial
education is provided. The order has specific requirements regarding a Family Law
Education program, whereby judges (and magistrates) who are assigned to hear family law
cases must attend “Family Law University” according to specified timeframes.
Maryland Rule 9-205.1 generally governs the appointment of an attorney for a child in
actions involving child custody or child access. The Rule notes that appointment may be
most appropriate in cases that involve past or current child abuse or neglect, actual or
threatened family violence, or consideration of terminating or suspending parent time. The
Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in
Cases Involving Child Custody or Child Access complements Maryland Rule 9-205.1 and
specifies standards for minimum training and experience. Under the guidelines, unless
waived by the court, an attorney serving in one of these three roles should have completed
at least six hours of training that includes specified topics, including (1) effectively
communicating with children; (2) recognizing, evaluating, and understanding evidence of
child abuse and neglect; and (3) family dynamics and dysfunction, domestic violence, and
substance abuse.
SB 675/ Page 3
State/Local Fiscal Effect: The Judiciary advises that the bill’s requirements have a
potentially significant operational and fiscal impact on the courts.
Effective July 1, 2021, the courts must ensure that danger and lethality assessments are
ordered in specified cases. Although the Judiciary is unable to provide a precise estimate
regarding this impact, it notes that it will need to identify or develop a validated assessment
tool, develop procedures to facilitate the assessments, and either hire or train staff or
procure outside services to perform the assessments.
While the Judiciary has until July 1, 2023, to ensure that judges presiding over child
custody cases involving child abuse and domestic violence are trained in accordance with
the bill’s requirements, the comprehensive nature of the training program likely increases
general fund expenditures, potentially significantly, to develop and sustain the training.
Furthermore, operationally, the Judiciary (1) will initially need to accommodate a number
of judges being unavailable to preside over normal dockets/cases during the time they will
instead be in training and (2) must develop procedures to ensure that after July 1, 2023,
only judges who have received the specified trainings are assigned to preside over child
custody matters involving child abuse or domestic violence. Both of these impacts may be
particularly exacerbated in smaller jurisdictions.
Similar impacts are attributed to the training requirements for child’s counsel. The
Judiciary notes that in fiscal 2019 (the last full fiscal year unaffected by restrictions on
court operations due to COVID-19), courts appointed 1,078 individuals to serve as child’s
counsel. The Judiciary advises that many attorneys serve as child’s counsel on a pro bono
(or reduced fee) basis and may not be willing or able to complete a lengthy training program
in order to continue to be eligible to serve. Furthermore, there is no single existing training
program that satisfies the requirements and, unlike the bill’s requirements regarding
judicial training, no entity specifically tasked to develop or provide such training. Although
not required to do so by the bill, if the Judiciary elects to offer training specific to child’s
counsel in order to facilitate the availability of qualified child’s counsel under the bill’s
requirements, general fund expenditures further increase. The Judiciary also notes that the
more stringent requirements for child’s counsel may increase the costs for such services,
which are often funded by the courts when parties qualify for and are granted a fee waiver.
To the extent that child’s counsel does increase fees and those costs are assumed by the
courts, general fund/circuit court expenditures increase.
To the extent that a child in need of assistance (CINA) proceeding is deemed to be a “child
custody case involving child abuse or domestic violence,” the Department of Human
Services advises it incurs general fund expenditures of approximately $100,000 annually
to provide training for CINA attorneys.
SB 675/ Page 4
Small Business Effect: Attorneys serving as child’s counsel will be subject to more
stringent requirements in order to remain eligible for appointment by the court.
Additional Comments: The bill implements numerous recommendations of the
Workgroup to Study Child Custody Court Proceedings Involving Child Abuse or Domestic
Violence Allegations. The workgroup, chaired by the Secretary of State, submitted its final
report in September 2020.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 1036 (Delegate Atterbeary) - Judiciary.
Information Source(s): Judiciary (Administrative Office of the Courts); Department of
Human Services; Department of Legislative Services
Fiscal Note History: First Reader - February 23, 2021
rh/lgc
Analysis by: Jennifer K. Botts Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 675/ Page 5


Statutes affected:
Text - First - Child Custody - Cases Involving Child Abuse or Domestic Violence - Training for Judges and Child's Counsel: 9-101.3 Family Law, 9-101.4 Family Law, 9-101.3 Family Law, 9-109 Family Law