Children need an advocate to represent their interests in custody proceedings, and the judges overseeing those typically contentious court cases should be required to incorporate the recommendations of professionals in custody orders.
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| Kayden Mancuso and her father Jeffrey in 2016 |
Those were among the family court-related reforms that the Lower Makefield family of 7-year-old Kayden Mancuso, who was murdered by her father following an intense 18-month child custody fight, discussed in a private meeting Friday with Pennsylvania Gov. Tom Wolf and his senior staff in Harrisburg, the administration confirmed.
The Wolf administration said in a statement that his staff would continue to work with the family, advocates and the legislature on the ideas presented.
“We have the deepest sympathy for Kayden’s mom, stepfather, grandfather, aunts and uncles, and we want to do all that we can to make sure no family suffers the same tragedy they have suffered,” Deputy Press Secretary Sara Goulet wrote.
Kayden was killed last month by her father, Jeffrey Mancuso, 42, of Philadelphia, less than three months after a Bucks County judge issued a custody order that allowed him twice monthly unsupervised visits with her. Her death has attracted international attention and focused new public scrutiny on the family court system and child custody cases.
Kayden’s mother, Kathryn Sherlock, her stepfather, Brian, and other family members have called for the removal of Bucks County Judge Jeffery Trauger for failing to follow a court evaluator’s recommendation that Mancuso be given unsupervised visits with Kayden “contingent” on him entering mental health treatment. Trauger, who was re-elected last year, was appointed to the bench in 2016 after a legal career that focused on real estate, banking, civil and commercial law.
A court-ordered psychological evaluation diagnosed Mancuso with major depressive disorder, moderate anxious distress, narcissistic and antisocial personality traits, according to a copy of the report obtained by this news organization. The report stated that Mancuso was receiving medication management from his primary care doctor, he was encouraged to seek a psychiatrist, and would benefit from psychotherapy and parenting education. He also had previous assault convictions and Sherlock obtained a three-year protection from abuse order against him in December.
At a May 1 custody hearing, Sherlock’s attorney urged Trauger to order Mancuso into mental health treatment and that the mental health professional be advised as the reason for the treatment, according to a copy of the court transcript obtained by this news organization. She also requested sole legal custody, which the court evaluator recommended against.
Instead, Trauger only recommended that Mancuso seek mental health treatment and he reduced his visitation privileges to overnight stays every other weekend, but did not require supervision in his May 24 second amended order. It was during one of those overnight visits last month that Mancuso killed Kayden before taking his own life.
Family spokeswoman Jennifer Sherlock, the girl’s aunt, confirmed the family emphasized four bullet points they want to see enacted with Wolf and his staff. They are reforms dubbed the centerpiece of what they have proposed as “Kayden’s Law.”
- Mandate court-appointed attorneys or “skilled” representatives that would act as child advocates in custody proceedings.
- Require judges hearing custody cases to incorporate recommendations from expert testimony and court evaluations into final orders.
- Create an emergency mechanism to allow families to seek immediate protection in an abuse case, rather than wait six to eight weeks after a request to modify custody is filed until the case gets before a judge.
- Require judges have experience in the field of law for the type of court where they will be seated.
The Wolf administration promised to take a deeper look into the family’s objectives and collect more information, Sherlock said. She added the family will start to meet with local state lawmakers to get the political backing necessary to create a bill.
Child advocates on Friday called the reform ideas that the family is proposing commendable, but expressed reservations that some could be easily enacted. Before proposing changes there needs to be an examination of what is in place now and what is, and isn’t, working and why, they said.
“Any steps we take shouldn’t be driven by this case,” said Cathleen Palm, founder and executive director of the Center for Children’s Justice in Berks County. “As dramatic and unsettling as Kayden’s death is, we have to be careful that we not have it be a singular case that drives policy reform that is not thoughtful.”
Without evidence that a child has been abused or threatened, a parent’s past violent or criminal behavior doesn’t automatically prevent contact with children, according to family law attorneys. Where concerns are raised a parent has serious behavior or mental health problems, judges have the power to tie visitation to mandatory evaluation and treatment in a custody order.
Pennsylvania most recently underwent dramatic changes in its child custody laws in 2010, with new rules designed to hold Common Pleas Court judges more accountable for the reasoning behind custody awards and assuring the best interests of the child are in the forefront. Changes included requiring the court to address 16 custody factors and explain decisions in orders creating a case history for a future judge.
At least five of those 16 factors address violence and potential harm to a child, according to Frank Cervone, executive director of the Support Center for Child Advocates in Philadelphia.
Cervone supports court-assigned legal advocates for children in custody cases to make sure their needs, experiences and wishes are conveyed to the court.
But he is among the minority, he said. Many in the legal profession believe adding a third party to an already contentious and emotionally charged court case can be problematic.
“These cases have two stories, and the notion that there is a clear truth to be told from the child’s perspective that is going to change the decision between the two parties puts the kid in an awkward and somehow too powerful position,” Cervone said. “If I threw my weight behind one party of the case, that matters a lot to the court and it’s unclear whether it should, though there are certainly cases where it should.”
Cervone added that a pathway for emergency custody hearings already exists, and that parents can file for an emergency hearing, though the responsiveness, and what is considered an emergency, could depend on the court. Parents can also file for a protection from abuse order on behalf of a child facing imminent danger of harm.
But Cervone pointed out with Kayden’s case, an emergency custody hearing might not have had the effect the family wanted. If a parent appeals a custody order, the decision is stayed, which means the previous order goes into effect. In the Kayden’s case, the previous order gave her father longer unsupervised visitation.
While “theoretically attractive,” choosing judges based on whether their legal experience matches the court where they’d preside would be hard to administer and could lead to difficulty filling vacancies, Cervone said.
Parent visitation, however, is an issue the child welfare system and legal system should look to start reform efforts, Palm added.
It is common for children to remain in homes or have unsupervised visitation with alleged abusers when child welfare investigations take place, she said. In hostile home environments where parents are incapable of getting along, their anger toward each other can sometimes spill over into their children, Palm added.
“Policy makers don’t understand how often children remain connected to or exposed to a person who may be a direct harm to them.”
While the courts are reluctant to infringe on parents having access to their children, when there are yellow flags it is better to put more restrictions in place, Palm said. But, she added, at the same time the courts and the behavioral health systems need resources in place so parents with behavior, mental or drug issues can get the help they need and continue a relationship with their children.
“You don’t want to penalize every parent who has ever been angry, every parent that has a substance abuse issue, every parent that has mental illness,” Palm said. “That is the challenge in so much of what we do. We talk a good game. We’re going to be in the best interest of the child ... but we don’t do that.”
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