HomeMy WebLinkAboutE-08 Staff Report - Approve Letter of Support for Con. Res. 72 regarding Child SafetyCONSENT ITEM
E-8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: DON PENMAN, INTERIM CITY MANAGER
FROM: LOUIE F. LACASELLA, SENIOR MANAGEMENT ANALYST
DATE: NOVEMBER 6, 2017
SUBJECT: APPROVE LETTER OF SUPPORT FOR H.CON.RES. 72 REGARDING CHILD
SAFETY
SUMMARY:
In recent history, there have been cases of identified failures in the State family court system to properly
hear and evaluate claims of child abuse and domestic violence during custody disputes. According to
the Leadership Council on Child Abuse and Interpersonal Violence, an estimated 58,000 U.S. children a
year are court-ordered into the unsafe custody or care of abusive parents, over the objections of caring
parents. The resulting physical, sexual, and emotional abuse and trauma leaves survivors with a lifetime
of physical and mental suffering. It also imposes billions of dollars in health and other social costs that
could easily be avoided by safer custody and visitation adjudications. H.Con.Res. 72 cosponsored by
Congresswoman Grace Napolitano, encourages state courts to adjudicate family violence claims and
risks to children before considering other best interest factors. The resolution also encourages states to
adopt qualification standards for third-party appointees and makes clear that Congress will use its
oversight authority to protect at-risk children. The proposed action approves a letter of support for
H.Con.Res. 72.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1) Approve a letter of support for H.Con.Res. 72.
DISCUSSION:
The Problem
In recent history, there have been cases of identified failures in the State family court system to properly
hear and evaluate claims of child abuse and domestic violence during custody disputes. According to the
Leadership Council on Child Abuse and Interpersonal Violence, an estimated 58,000 U.S. children a
year are court-ordered into the unsafe custody or care of abusive parents, over the objections of caring
APPROVED
COUNCIL MEETING
11/6/2017
Letter of Support for H.Con.Res. 72
November 6, 2017
Page 2
parents. The resulting physical, sexual, and emotional abuse and trauma leaves survivors with a lifetime
of physical and mental suffering. It also imposes billions of dollars in health and other social costs that
could easily be avoided by safer custody and visitation adjudications.
Why Congressional Action is Necessary
In 1990, Congress passed H.Con.Res. 172, which played a critical role in catalyzing states’ adoption of a
presumption against awarding custody to a batterer. A similar intervention is needed now, to address
some of the ways even these legal protections are being side-stepped and to return courts’ focus to the
safety and best interest of the child. The Department of Justice is using Violence Against Women Act
(VAWA) funds to provide a limited number of lawyers and courts with technical assistance to improve
representation and family court adjudications of abuse claims. But a shift in focus nationwide is needed
to protect the thousands of children who are at risk in thousands of courts.
H.Con.Res. 72
H.Con.Res. 72 cosponsored by Congresswoman Grace Napolitano encourages state courts to adjudicate
family violence claims and risks to children before considering other best interest factors. The
resolution also encourages states to adopt qualification standards for third-party appointees and makes
clear that Congress will use its oversight authority to protect at-risk children.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Prepared by: Reviewed and Approved:
Louie F. Lacasella Don Penman
Senior Management Analyst Interim City Manager
Attachment:
1) Letter of Support for H. Con. Res. 72
November 6, 2017
Honorable Grace Napolitano
Congresswoman 32nd District
4401 Santa Anita Ave, Suite 201
El Monte, CA 91731
RE: H.Con.Res. 72 - Notice of Support
Dear Congresswoman Napolitano:
On behalf of the City of Azusa, we are pleased to express our support for H.Con.Res. 72.
In recent history, there have been cases of identified failures in the State family court system to
properly hear and evaluate claims of child abuse and domestic violence during custody disputes.
According to the Leadership Council on Child Abuse and Interpersonal Violence, an estimated
58,000 U.S. children a year are court-ordered into the unsafe custody or care of abusive parents,
over the objections of caring parents. The resulting physical, sexual, and emotional abuse and
trauma leaves survivors with a lifetime of physical and mental suffering. It also imposes billions
of dollars in health and other social costs that could easily be avoided by safer custody and
visitation adjudications.
H.Con.Res. 72 encourages state courts to adjudicate family violence claims and risks to children
before considering other best interest factors. The resolution also encourages states to adopt
qualification standards for third-party appointees and makes clear that Congress will use its
oversight authority to protect at-risk children.
For these reasons, the City of Azusa is happy to support H.Con.Res. 72.
Sincerely,
The Azusa City Council
Joseph Romero Rocha
Mayor
Edward J. Alvarez Angel Carrillo
Councilmember Councilmember
Uriel Edward Macias Robert Gonzales
Mayor Pro-Tem Councilmember