2021 Judicial Conference Program

GOALS/INITIATIVES FOR THE UPCOMING YEAR

The committee will continue work to develop domestic violence best practice standards and resources for judges; coordinate with the Judicial College to ensure consistency and use of best practices in domestic violence trainings for judges; continue work to implement the Court Process Work Group’s parenting plan recommendations; continue work to implement the Guardianship & Vulnerable Adults Work Group’s recommendations and support best practices in the management and monitoring of guardianship cases; expand partnerships with external guardianship stakeholders; work on developing best practices for screening for abuse and determining whether contested domestic cases are appropriate for mediation; update existing and develop new domestic, guardianship, and domestic violence protective order and peace order forms; and, support training programs for child counsel, court-appointed attorneys in guardianship proceedings, and elder/guardianship mediators. The committee will also continue to monitor the impact of COVID-19 on families and the courts. Domestic Violence and Peace Order Subcommittee During the reporting period, the Domestic Violence and Peace Order Subcommittee, chaired by Hon. James H. Green, worked with the Rules Committee to amend Rule 3-326 (Dismissal or Transfer of Action). The amendments permit the transfer of a final protective order to the circuit court when there is a divorce or child custody action pending there. The amendments went into effect on July 1, 2020. The subcommittee also outlined best practices in handling modification and recession requests. The guidance was distributed to all District Court judges and adapted for the circuit courts. Members also met with the domestic violence advocacy community, reviewed scripts for a video series on domestic violence that is being developed by Juvenile & Family Services and Access to Justice, and monitored domestic violence legislation. Court Process Work Group During the reporting period, the Court Process Work Group, chaired by Hon. Richard Sandy, continued to implement its 2017 recommendations to weave a parenting plan process into Maryland’s child custody decision-making fabric. The new rules and rule changes implementing the recommendations went into effect on January 1, 2020. The work group helped finalize the Maryland Parenting Plan Instructions, Maryland Parenting Plan Tool, and Joint Statement of the Parties Concerning Decision—Making Authority and Parenting Time. The work group also supported the development of a webpage with information about the parenting plan process and a seven-part parenting plan video series. Work group members and staff gave presentations on the new process to groups including the Second, Fifth, and Seventh Circuit benches and Charles and Harford circuit court judges, magistrates, court staff, and the family support service coordinators. They also presented at events hosted by Wicomico Circuit Court, Maryland Legal Aid Bureau’s Family Law Task Force, and Anne Arundel Community College and provided technical assistance to internal and external stakeholders throughout the reporting period. In November 2019, Judge Sandy, work group member Hon. Cynthia Callahan, and Rules Committee member Delegate Kathleen Dumais were honored by the National Family Resiliency Center for their contributions in bringing parenting plans to Maryland and improving outcomes for children in general. The work group’s efforts were also highlighted in the March 2020 edition of the Daily Record’s Family Law Update. Custody Evaluator Standards and Training Work Group During the reporting period, the Custody Evaluator Standards and Training Work Group, chaired by Hon. Deborah S. Eyler (Ret.), developed recommendations to increase the evidentiary value of custody evaluations and promote confidence on the part of litigants that evaluations are conducted fairly. In May 2020, the work group solicited feedback from judges, magistrates, court staff, attorneys, and mental health professionals on its preliminary recommendations. Based on that feedback, the work group developed eight recommendations, which were adopted by the Domestic Law Committee in September 2020. The recommendations will be presented to the Conference of Circuit Judges in November 2020. The work group recognized that COVID-19 presented unique challenges for custody evaluators and the courts who need them. During the pandemics, evaluations were not ordered or were not taking place. COVID-19 also SUBCOMMITTEES AND WORK GROUPS

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