What Do Professionals Need to Know?
Model Domestic Violence Policy for Counties
Child Welfare System
Historically, service providers and policy makers have viewed domestic violence and child abuse as separate problems, resulting in a pronounced lack of coordination between the two service systems. This lack of coordination is exacerbated by the disparate approaches of the two systems, based in part on the legal and social status of the child versus adult victim of abuse. The child welfare system is authorized by the state to intervene on the child's behalf, and commits significant resources to its reporting and investigation systems. The domestic violence service system, on the other hand, responds to adult victims' need for safety by empowering them with information and support, and supporting their right to self-determination.(28)
Research suggesting that wife battering may be the single most important context for child abuse(29) necessitates improved coordination between the domestic violence and child abuse service systems in order to effectively promote the safety interests of all family members. According to the New York State Office of Children and Family Services (formerly the NYS Department of Social Services), domestic violence is a factor in 45% of all foster care placements. In New York City, the Child Fatality Review panel reported that partner abuse was present in 70% of households in which a child homicide occurred.(30)
There is also considerable research documenting the serious threat that domestic violence poses to children. Men who batter their female partners are likely to also assault their children. In fact, research suggests that more than half of all men who are physically assaultive to their female partners are also physically assaultive to their children.(31) In addition, as many as 90% of children of abusers witness their fathers battering their mothers, or witness the aftermath of these assaults.(32) Both children who are direct targets of abuse and child witnesses to domestic violence often exhibit evidence of somatic, behavioral, or emotional problems.(33)
Separation from an abusive partner often does not end the abuse, nor does it necessarily mitigate the detrimental effects on children. Custody and visitation orders that are entered without adequate regard to the history of abuse can pose a serious threat to both the abused mother and to her children. In recognition of these dangers, Chapter 85 of the Laws of 1996 in New York State requires judges to consider the effects of adult domestic violence in assessing the best interests of a child, or children, when making custody and visitation determinations.
Further, more than half of the estimated 350,000 child abductions that occur annually, happen in the context of domestic violence. Forty percent of these abductions occur after the separation and divorce of the parents. Nearly one-third of these children suffer mild to severe emotional damage as a result of the abduction.(34)
It has been demonstrated that an effective strategy in achieving and maintaining safety for children living in households where there is adult abuse is to identify the safety needs of the vulnerable caretaker or parent and to integrate into case and/or service plans responses that address those safety needs as a primary issue.(35) Put simply, protecting mothers also provides protection to children. When an adult victim's safety needs are acknowledged and met, she is in a far better position to develop an alliance with a child welfare worker that focuses on protecting the safety interests of her children. This is true even when the battered mother has herself been abusive to the children. One study found that eight times as many battered women reported using physical discipline against their children while living with their abusive partner than when living alone or with a non-battering partner.(36)
It is critical therefore that all child welfare workers-protective, investigative, preventive, foster care, and adoptive-heighten their awareness of the connection between adult domestic violence and child abuse and neglect, and integrate strategies that address the safety-related needs of adult victims into strategies to protect the safety interests of children. While individual workers' roles and responsibilities will often vary across the spectrum of protective, investigative, and preventive functions (CPS workers, for example, are often not involved in the development of service plans), appropriate responses to adult domestic violence within the context of all job functions can significantly improve case outcomes.
In addition to incorporating the recommendations outlined in the Guiding Principles and the Employers sections into their responses to domestic violence, and being mindful of the potential need for individualized responses based on factors such as socio-economic status, race, ethnicity, sexual orientation, age, religious affiliation, physical and mental disabilities, immigrant status, education, employment status, urban vs. rural residency, and marital status, child welfare workers should also integrate the following recommendations specific to the child welfare system.
- VICTIM SAFETY AND SELF-DETERMINATION
- Private, routine screening should be conducted with each adult household member to determine if an adult in the household utilizes coercive and abusive tactics to control other household members. When domestic violence is not identified through an initial screening, ongoing assessment should be conducted throughout all phases of a case.
Domestic violence is included as a specific assessment element in the New York State Office of Children and Family Services' Risk Assessment and Services Planning Model, which was developed as a tool for child welfare workers. In addition to the more overt effects of domestic violence, however, domestic violence is often an underlying problem creating or exacerbating a wide variety of other difficulties that compromise family functioning. For example, domestic violence often has a significant impact on the development of alcohol/other drug use by women, children's response to caretakers, availability of social supports, and living conditions, areas of family functioning that are also included in the Risk Assessment.
The ability of child welfare workers to make the connection between the effects of domestic violence and the variety of elements that make up the Risk Assessment is instrumental in the development of effective service plans. Therefore, domestic violence assessment should be conducted in every phase of a case, from an initial investigation to service planning and delivery.
Separate interviews should be routine. Questions about domestic violence should not be asked in the presence of a partner or children, for to do so puts a victim at risk of retaliation for what she may or may not say. Whether the interview is in the client's home or the worker's office, it is important that all female clients are given an opportunity to respond in a safe and private setting.
- Child welfare workers should inform victims of the extent and limits of confidentiality with regard to information on domestic violence.
Victims of domestic violence should be aware of the extent to which anything they say will be divulged and to whom. Workers should avoid using information provided by the victim to confront the abuser. In cases in which the use of third party information is unavoidable, providers should give prior notification to the victim of what information is to be shared and when, and engage the victim in planning for her safety. (See also Guiding Principles, 1 g.)
- Child welfare workers should assess for dating violence in families with one or more adolescent children. Once identified, workers should provide referrals to appropriate services, if available.
Domestic violence occurs at alarming rates in adolescent dating relationships and teen abusers utilize the same range of coercive tactics that adult abusers do, including physical violence. Assessments for teen dating violence should be a part of a comprehensive approach to developing service and safety plans for adult and/or child victims. Once identified, workers should be prepared to provide information to both the teen and/or the teen's parent(s) about dating violence, and the community resources available.
- When domestic violence is identified, child welfare workers should collaborate with the victim in evaluating the impact of any recommended service plan strategies on her safety, develop service plans that do not compromise her safety-related needs, and pro-actively assist victims in developing short and long-term safety plans.
The ability of victims to follow through on service plans can be compromised by the actions of their abusive partners. Victims should not be expected to comply with service plans that require them to do things that directly or indirectly endanger them. For example, a service plan activity for a client might be to attend parenting classes. Without the cooperation of her partner, however, a victim may not be able to make the necessary child care arrangements, or her partner may simply threaten her with harm if she attempts to leave the house unaccompanied by him. Abusers are often resistant to their partners' access to outside sources of help or support and may increase their use of violence and threats in order to reestablish control. The consequences of service plans should be evaluated with regard to immediate and long-term safety.
Studies demonstrate that when adult domestic violence and child abuse exist simultaneously, advocating for the safety of all vulnerable victims is the most successful strategy. Child welfare workers should be trained to develop both short and long-term safety plans with both mothers and children. (See Guiding Principles, 1.d.)
- Child welfare workers should recognize that, at times, the legitimate safety and survival strategies employed by victims (such as resistance, non-compliance, refusal of services, and dishonesty) may conflict with service plan strategies. Service plans should be continually reviewed and modified, as necessary, to reflect a victim's ongoing safety-related needs.
The safety-related concerns of battered women do not necessarily remain constant. As a result, victims may attempt to protect themselves from the violent and coercive acts of their partners in ways that conflict with agreed upon service plans. A victim's use of survival strategies related to safety should be supported and encouraged and not seen as a failure to comply with the service plan, but as an indication that the service plan is in need of review and modification.
Follow through will be most successful if the victim does not have to jeopardize her own safety for the safety of her children. Actively acknowledging the dilemmas created for victims when service plans conflict with their own safety goes a long way in building a collaborative relationship based on trust, understanding, and concern. Collaborative alliances with adult victims strengthen the ability of child welfare workers to develop strategies in which the immediate and long-term safety needs of all family members are considered.
- Child welfare workers should not refer families in which there is domestic violence to family therapy, marriage or couples counseling, mediation, or other programs in which the victim and abuser must cooperatively participate, and should not recommend that families in which there is domestic violence be required to participate in such services.
In domestic violence cases, the provision of "family" services to children in cooperation with the non-abusing parent may be helpful, but should not include the participation of abusers. Intervention strategies that require cooperative participation between a victim and her abusive partner are collusive and dangerous. (See Guiding Principles, 1.i.)
- Child welfare workers should cultivate cooperative relationships with domestic violence advocates, provide victims with accurate information about available domestic violence residential and nonresidential services, and should actively assist victims in making the linkage with those services, if they so desire.
Child welfare workers should provide victims with information about resources in the community. Workers should be informed about eligibility and availability of local services. In addition, printed material should be available for victims to access, discreetly if necessary. Domestic violence services should never be required, and workers should make every effort to work cooperatively and collaboratively with local domestic violence advocates when providing services to mutual clients.
- Private, routine screening should be conducted with each adult household member to determine if an adult in the household utilizes coercive and abusive tactics to control other household members. When domestic violence is not identified through an initial screening, ongoing assessment should be conducted throughout all phases of a case.
- ABUSER ACCOUNTABILITY
- Child welfare workers should reinforce abusers' sole responsibility for their violent and coercive behavior as the issue emerges in any forum.
Domestic violence is behavior over which abusers have control and should never be justified, excused, or minimized. Abusers will often offer excuses or "explanations" for their violent and controlling behavior. It is important that workers continually reinforce abusers' sole responsibility for their choices to use violent and controlling behavior.
- When there is reason to believe that an abuser's behavior constitutes a crime or family offense that creates harm or a risk of harm to a child or children, child welfare workers should file a petition and/or complaint against the abuser with the appropriate court or law enforcement authorities.
Certain situations of domestic violence constitute crimes. Child endangerment charges, should be brought against the abuser whenever possible. When possible, initiating a complaint, having charges brought, and subsequent prosecution should not rely on the victim's testimony or cooperation. Rather, they should be a result of a comprehensive investigation and assessment by the worker and law enforcement.
Whether criminal charges are brought against an abuser or not, child welfare workers should utilize the Family Court, as appropriate, to assist victims in obtaining orders of protection, custody, visitation, and/or child support.
- Child welfare workers should reinforce abusers' sole responsibility for their violent and coercive behavior as the issue emerges in any forum.
- SYSTEMS' RESPONSIBILITY
- Child welfare workers should receive comprehensive and ongoing training on domestic violence, the connection between domestic violence and child abuse and neglect, the effects of domestic violence on children, and child safety-planning.
All child welfare workers should be trained on the issue of domestic violence. The training should include an understanding of the dynamics of domestic violence, assessment tools, appropriate interview and intervention skills, and an adequate understanding of domestic violence resources, as outlined in the Guiding Principles,3.a.. In addition, child welfare workers should receive training on the connection between domestic violence and child abuse and neglect, the ways in which domestic violence can affect areas of family functioning included in the New York State Risk Assessment and Services Planning Model, the effects of domestic violence on children, and the many ways in which abusers can undermine investigations, assessments, safety planning, and overall service planning. Child welfare workers also need state-of-the-art information on safety strategies for child victims and information to enable them to make appropriate referrals.
- Interagency protocols and agreements should be developed to handle domestic violence cases.
Such protocols should be developed between child welfare systems and schools, health care, mental health, substance abuse treatment, law enforcement, prosecutors, and the courts. These documents should be developed in conjunction with domestic violence service providers, and should include mechanisms for implementation, review, and enforcement.
- Child welfare workers should help develop and participate in domestic violence response teams, similar to child sexual assault teams.
Where they exist, child sexual assault teams have proven to be an asset in responding to the needs of both the child victim and the non-abusing parent. They offer an advantage in the investigative process, as well as in the supportive elements of case planning. Similar response teams patterned after this model can be developed for intervention in domestic violence cases.
- Initial and ongoing assessments for adult domestic violence should be conducted with all potential foster and adoptive parents and, if domestic violence is identified, these families should not be used as a child placement option. Further, the adult victim should be provided, at a minimum, with information about local domestic violence services and the statewide domestic violence hotline number.
Protocols should be developed regarding proper procedures to follow if domestic violence is identified. A denial of eligibility for a foster/adoptive family on the basis of domestic violence may precipitate an escalation of an abuser's violence and coercion, increasing the victim's danger. A protocol should include provisions for the safety of the adult victim. For example, the family should not be notified of being denied until the adult victim is provided with information on local domestic violence services, a local or the statewide domestic violence hotline number, and an opportunity to develop and enact a safety plan, if needed.
Conducting ongoing assessments are the best way to accurately identify if domestic violence is occurring. It is possible that domestic violence will not be identified in an initial screening, but will be recognized or exposed after a child placement has already occurred. In these cases, child welfare workers should follow the recommended guidelines outlined in this policy for intervening with the family.
- Child welfare agencies and individual workers should serve as primary advocates with courts, law guardians, and county attorneys for cases in which adult domestic violence and child abuse coexist.
Whenever possible, and with the adult victim's knowledge and consent, child welfare workers should be proactive in their advocacy within ancillary systems. This includes making the appropriate legal representative(s) aware of the presence of domestic violence and enlisting their assistance in facilitating the court's action with regard to orders of protection, stay away orders, and the imposition of appropriate penalties for the abuser's behavior.
- Child welfare workers should receive comprehensive and ongoing training on domestic violence, the connection between domestic violence and child abuse and neglect, the effects of domestic violence on children, and child safety-planning.
(28) National Woman Abuse Prevention Project, in The Exchange: A Forum on Domestic Violence, Vol.2, No.3, August 1988.
(29) Stark and Flitcraft, "Women and Children at Risk: A Feminist Perspective on Child Abuse," International Journal of Health Services, Vol. 18, No.1, 1988.
(30) Report of the Task Force on Family Violence, Behind Closed Doors: The City's Response to Family Violence, New York City, April 1993.
(31) Bowker, Arbitell & McFerron, "On the Relationship Between Wife Beating and Child Abuse," in Feminist Perspectives on Wife Abuse, eds., Yllö & Bograd. Beverly Hills: Sage Publications, 1987.
(32) Walker, Lenore. The Battered Woman Syndrome, 1984.
(33) Jaffe, Wolfe and Wilson, Children of Battered Women, 1990.
(34) Finkelhor, Hotaling and Sedlak, 1990, as cited by B. Hart in Protective Services Quarterly, 1993.
(35) Schechter, S., with Gary, L.T. Health care services for battered women and their abused children: A manual about AWAKE. Boston: Children's Hospital. 1991.
