The Family Court Accountability Act (FCAA)
A National Reform Initiative Created by Expose and Reform Now (EARN)
The Family Court Accountability Act is designed to modernize family court proceedings in a way that prioritizes child safety, survivor protection, and transparency while ensuring fairness for all parties, including self-represented (pro se) litigants. Key components include:
- Trauma-Informed Evaluations: Custody decisions are informed by professional assessments that account for the psychological and developmental impact of abuse on children, preventing placement with unsafe individuals.
- Mandatory Recording and Accountability: All child interviews and court proceedings are recorded. These recordings are auditable, secure, and accessible to parties of the case, ensuring accountability for guardians ad litem, CPS personnel, and evaluators.
- Virtual Hearings for Alleged Abuse: Abuse allegations trigger secure video hearings to protect children and survivors from physical risk and retraumatization.
- Pro Se Litigant Support: A statewide e-file system with pre-written motions, legal guidance, and mandatory attorney review ensures that self-represented parents can advocate for themselves effectively, without procedural disadvantages.
- Verifiable Parenting Time and Child Support: Parenting time is verified as direct care, and child support is distributed via auditable Child Benefit Cards to ensure funds are used for the child’s needs.
Addressing Common Pushback
- “There’s not enough money for cameras.”
- Modern body or clip-on cameras cost as little as $15–$20. These can be deployed for all child interviews and court sessions.
- Storage is feasible with secure cloud services, automatically saving recordings. Parents receive court-stamped, watermarked copies to prevent tampering, ensuring accountability without ongoing physical storage costs.
- “What about child privacy?”
- Recordings are not public. They are FOIA-accessible only to parties of the case, including parents and their legal representatives. Sensitive material is protected while still providing transparency and oversight.
- “Women may lie about abuse.” / “False allegations could ruin a parent’s life.”
- The Act emphasizes evidence-based verification. Abuse allegations are only actionable if supported by trauma-informed investigations and prior documentation.
- If prior abuse reports exist and no action was taken, the system shifts the burden to evaluate why the accused parent didn’t act to leave a harmful situation. This prevents manipulative claims while still protecting children.
- Both men and women are subject to the same scrutiny, decentralizing bias that historically favors one gender. The approach recognizes that fear, power imbalance, or societal pressures can delay reporting and ensures fair evaluation of both survivors and the accused.
- “Court delays make justice impossible.”
- The FCAA imposes timelines for mandatory hearings and standardizes procedures for evidence submission, virtual participation, and pro se filings. This reduces court bottlenecks and ensures decisions are made promptly when evidence of abuse exists.
- “Abuse reports are complicated or subjective.”
- The Act requires that submissions be factual, documented, and trauma-informed, limiting claims based purely on opinion or emotion. Pre-written motions and attorney review ensure all filings meet procedural and evidentiary standards.
Why the FCAA Is Fair and Practical
- Safety-First: Protects children and survivors immediately while investigations proceed.
- Accountable: Recording and verification mechanisms hold all parties, including court officials, responsible.
- Accessible: Pro se litigants gain the ability to represent themselves effectively without procedural discrimination.
- Evidence-Based: Reduces false allegations through mandatory documentation, audits, and trauma-informed investigation.
- Balanced Scrutiny: Fairly evaluates the actions or inaction of both abused and accused parents, taking into account realistic circumstances like fear, societal pressures, or delayed reporting.
- Child-Centered: Every reform is grounded in the well-being and protection of children while respecting the rights of parents.
Overall, the FCAA creates a modern, practical, and equitable family court system that leverages technology, transparency, and trauma-informed practices to reduce abuse, protect children, and hold all actors accountable, while maintaining fairness for both survivors and accused parents.
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The Family Cout Accountability Act (FCAA) is an original federally protected legislative package authored by Expose and Reform Now (EARN™) and Founder & CEO Cagney Gaudiz.
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