Model Domestic Violence Policy for Counties

 

Introduction

Return to Contents

Coordinated Community Response to Domestic Violence

 

During the past decade, New York State has made tremendous progress in addressing domestic violence. Major legislative reforms have strengthened the response of the criminal justice system to the crime of domestic violence by imposing mandatory arrest provisions for law enforcement and increasing penalties, especially for violating orders of protection. These reforms have contributed greatly to the creation of a safer, more secure New York for women and children.

 

The virtual whirlwind of legislative and criminal justice reforms must not, however, distract us from the "bigger picture." We must continue to act on the knowledge that the solution to the problem of domestic violence lies within the community as a whole, with both formal and informal "systems" becoming active partners in efforts to establish a coordinated community response that promotes victim safety and reinforces abuser accountability. Everyone— employers, human services workers, mental health practitioners, health care professionals, substance abuse counselors, educators, child welfare workers, youth leaders, and members of civic, religious, cultural, and ethnic groups and organizations—has an important role to play in creating a climate of zero tolerance for domestic violence.

 

There is no shortage of notable examples of coordinated community response initiatives currently under way in communities across the State of New York. These efforts clearly illustrate the valuable roles that a wide variety of community agents play in combating domestic violence. They illustrate, as well, the results that can be achieved with creativity, resourcefulness, and persistence, even in the face of unyielding fiscal constraints.

The Model Policy for Counties

 

With the goal of consistency and coordination by and between county level agencies and departments, this model domestic violence policy is offered as a tool providing additional guidance to county communities in their efforts to strengthen responses to domestic violence. It represents the collective "best thinking" of New York State counties, a statewide Task Force, the New York State Office for the Prevention of Domestic Violence (OPDV) Advisory Council, and extensive public comment received from communities across the state. Integration of the policy recommendations into local community responses will help to ensure that best practices, policies, protocols, and procedures are used throughout the State of New York to address the issue of domestic violence.

 

The model policy includes Definitions, Problem Statement, Purpose and Policy Statement, and Guiding Principles. The Guiding Principles are the universal benchmarks by which programs, policies, protocols, and procedures across all systems (both formal and informal) can be measured to assess the extent to which they support the following goals:

• Victim Safety and Self-determination;
  
• Abuser Accountability;
  
• Systems' Responsibility; and
  
• Promoting a Coordinated Community Response Grounded in the Principles of Zero Tolerance.

 

The policy also includes seven additional sections that provide further recommendations specific to Employers and the following formal systems: Criminal Justice, Legal and Judicial; Health Care; Substance Abuse Treatment; Child Welfare; Mental Health; and Primary, Secondary, and Post-secondary Education.

 

This model policy is intended to assist in evaluating current policies and practices, identifying existing gaps, and setting goals for future action. It is not intended to provide detailed, specific "how to's" since both formal and informal helping systems vary dramatically across New York State. Where available, sample policies and protocols are referenced in the appendices and can be obtained through the OPDV Clearinghouse.

 

Further, the model policy is not intended to serve as an exhaustive set of recommendations, but rather as a solid foundation to further reinforce the work of counties. There are many potential formal and informal helping systems—community-based agencies, women's centers, departments of social services, child care centers, clergy and other religious leaders, domestic violence service providers, neighborhood groups, and homeless housing networks, to name a few—that are not specifically focused on in this policy, but for whom the policy should provide significant information and guidance regarding their responses to domestic violence.

Implementation and Technical Assistance

 

This model policy is being widely disseminated to county executives and managers, domestic violence programs, local domestic violence coalitions and task forces, statewide domestic violence advocacy organizations, district attorneys, probation departments, and other interested parties. The framers of the model policy encourage counties across the state to develop a written policy on domestic violence, both to formally acknowledge their commitment to addressing the problem of domestic violence, and to increase awareness and promote appropriate interventions by criminal justice, health and human service agencies, and the community at large.

 

For assistance in implementation, Appendix A lists agencies in New York State that offer training and technical assistance on domestic violence generally, and/or on domestic violence as it impacts diverse groups; and Appendix B lists print resources available from OPDV and other New York State agencies. OPDV staff and Task Force members are available to provide information, technical assistance and/or training in the implementation of the model policy.

 

OPDV will be surveying New York State communities during 1998 regarding their progress in implementing the model policy in order to provide a report back to the Governor and the Legislature. We look forward to working together toward creating an environment of zero tolerance of domestic violence in our New York State communities.

History of Model County Policy Development

 

In June 1994, New York State, through the passage of Chapter 396 of the Laws of 1994, amended Section 575 of the Executive Law to include a section requiring the New York State Office for the Prevention of Domestic Violence to convene a task force to develop a model county domestic violence policy "to provide consistency and coordination by and between county agencies and departments. . .by municipalities or other jurisdictions within the county and other governmental agencies and departments, by assuring that best practices, policies, protocols and procedures are used to address the issue of domestic violence."

 

As directed, OPDV convened a task force comprised of "county level municipal officials, municipal police and members of the judiciary, or their representatives, and directors of domestic violence programs, including representatives from a statewide advocacy organization for the prevention of domestic violence" to develop the model county domestic violence policy. In addition, since responses to victims and perpetrators of domestic violence by human services and health agencies were specified as integral to the policy, representatives of these systems were also included on the task force.

 

A total of twenty-eight individuals participated on the task force, including representatives from domestic violence programs, law enforcement, district attorneys' offices, the judiciary, probation, schools, employee assistance, substance abuse treatment, mental health, child welfare, social services, and health care. The task force was geographically representative, with task force members from Long Island, New York City, and the upstate regions of the state.

 

One of the first tasks undertaken as part of this project was the dissemination of a survey to county governments requesting information related to existing policies, procedures, or protocols on domestic violence in each respective county's criminal justice system, the courts, health care services, social and human services, and non-public services. The information collected informed the development of an initial draft of the model county policy. The Task Force, through a series of meetings, reviewed the draft, proposed changes, discussed options, and made recommendations for revision. The revised model policy, based on the recommendations made by the Task Force, was then circulated for public comment.

 

In August 1997, OPDV convened groups of about thirty professionals in six communities—Clinton, Monroe, Onondaga, Orange, and Steuben counties, and New York City—to discuss the usefulness of the policy as a tool to assist counties in strengthening their responses to domestic violence. The forums included the participation of domestic violence programs, law enforcement, district attorneys' offices, the judiciary, probation, schools, employee assistance, substance abuse treatment, mental health, child welfare, social services, health care, members of faith communities, and community-based agencies. This local community perspective generated constructive ideas for not only improving the model policy language, but in developing strategies for implementation.

 

In addition to the community forums, public comment was also sought from a team of field reviewers, chosen on the basis of Task Force recommendations, geographical representation, systems' diversity, and organizational affiliation. Their feedback, in conjunction with the input from the community forums, guided the final revision process. The revised draft was submitted to the Task Force for final approval, and the model policy was submitted to the Governor and the Legislature and disseminated throughout the state.

Development of State Domestic Violence Policy

 

Chapter 396 further directed OPDV to develop a state domestic violence policy. To facilitate this process, OPDV surveyed every state agency to determine any "activities, programs, rules, regulations, guidelines, or statutory requirements that have a direct or indirect bearing on the state's efforts and abilities to address the issue of domestic violence." OPDV collected and compiled the survey results and provided a report, with appropriate comments and recommendations, to the Governor and the Legislature in January, 1997.

 

The state agency survey results will provide valuable guidance to the OPDV Advisory Council in the state policy development process. The Council, a group composed of representatives from twenty-two state agencies and appointees of the Governor and the Legislature, including domestic violence advocates, was established to promote policy development and interagency coordination. The state domestic violence policy is scheduled for completion and submission to the Governor and the Legislature in 1998.