Are Children Living With Domestic Violence in Need of Protection? Helping children without re-victimizing primary caregivers Maureen Reid Program Manager Children’s Aid Society London and Middlesex
Dec 23, 2015
Are Children Living With Domestic Violence in Need of Protection? Helping children
without re-victimizing primary caregivers
Maureen ReidProgram Manager
Children’s Aid Society London and Middlesex
Child protection has a big net when it comes to domestic violence
Some cases are referred following a violent incident
Others open for another reason and we learn about the IPV
In some cases the C.P.W. is well engaged with the victim parent
In others, the victim parent is in conflict with the C.P.W.
To Begin With....
30-60% families where woman abuse or child maltreatment identified likely both forms exist (Edelson 1999)
Presence of woman abuse increases likelihood child maltreatment (Jaffe, Crooks & Bala, 2005)
Are Children Exposed in Need of Protection?
Estimate 40% of c.p. agency caseload related to IPV
2007 survey sample from 221 Londoncases- half were voluntary, half mandated
Prevalence of Domestic Violence Within A Child Protection
Eligibility Spectrum
Exposure not a stand-alone form of child maltreatment & does not meet the definition of a child in need of protection under the CFSA.
Eligibility Spectrum Must have direct or observable impact on a
child’s safety and well being Where the child has either been harmed or
is at risk of being abused physically, sexually, emotionally or neglected because of domestic violence.
CAS is to gather information and assess how the violence has harmed or raised the risk of harm to the child, as defined in the CFSA (CPS-06:S1)
Eligibility Spectrum
exposure falls under the emotional harm (risk)section or physical harm (risk)
Concern has been that including IPV in criteria for finding a child ‘in need of protection will re-victimize the mother
BUT
Currently In Ontario
Utilizing a child protection order to impose an immediate authority structure on the abusive partner can be important tool in risk management
CAUTION THOUGH
CAS makes the application, Judge makes the order, there exists a risk children will be ordered into care if risk by perpetrator is deemed to great to remain with the mother
Dilemma in Child Protection
Ont. C.P. standards require us to query for IPV at referral stage
But when we verify child protection concerns related to IPV and open a file we do so in the name of the mother
NOTIN THE NAME OF THE PARTNER WHO IS CREATING THE RISK
At The Time of Referral…
Child Protection Standards Require Interviewing the Abusing Partner…
“When standard case management does not include engaging with these men, the tendency is to focus on the [abused] woman and place all responsibility for creating safety and ending the abuse on her. This often sets off an escalating spiral of demands and pressure on [women], which culminates in declaring her a case of ‘failure to protect’”
(Mederos, 2004, p.44)
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Child Protection’s Role in Intervening with Men who Expose
Children to Woman Abuse
What do we need to consider about these men as parents
Parent-Child Relationships Are Characterized By:
Authoritarian parenting Under-involved, neglectful or irresponsible
parenting Self-centeredness (his needs are
paramount) Manipulation Undermining of the mother’s authority
and parenting The ability to perform under observation
and appear in public as a ‘good guy’
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Three Considerations When Assessing an Abusive Man’s Parenting Capacity
1. The extent to which the abusive man poses a threat to the child’s safety
2. Parenting style3. Psychological functioning and
implications for parenting(Mederos, 2004)
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Purpose of C.P. involvement with the abusing partner
We need to hold them accountable for their abusive behaviour
Need to assess risk and develop a risk management plan
Increase their motivation to seek help and change their behaviour
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Assessing Change in Abusive Men
1. Has he made full disclosure of his history of physical and psychological abuse?
2. Has he recognized that abusive behaviour is unacceptable?
3. Has he recognized that abusive behaviour is a choice?
4. Does he show empathy for the effects of his actions on his partner and children?
©OACAS December 2010 18
(Bancroft & Silverman, 2002a)
Assessing Change in Abusive Men (Cont’d)
5. Can he identify what his pattern of controlling behaviours and entitled attitudes has been?
6. Has he replaced abuse with respectful behaviours and attitudes?
7. Is he willing to make amends in a meaningful way?
8. Does he accept the consequences of his actions?
©OACAS December 2010 19
(Bancroft & Silverman, 2002a)
Top Three Risk Factors From Ontario DVDRC 2003-2009
History of Domestic Violence 78%
Actual or Pending Separation 78%
Obsessive behaviour by the perpetrator 63%
80% of cases reviewed had 7 or more risk factors
HOWEVER
Child maltreatment risk assessment tools currently required by the Province do not specifically screen for risk of lethality for intimate partner or children
Child Deaths 2003-2009 Ontario
Many of the cases involving IVP are also assessed to have other risks with respect to child protection
Co-occurring issues related to drug use, supervision issues, limited parenting skills make these complicated cases to service
Dilemma for Child Protection
Many cases involve working with parents who either DO reunite or WANT TO reunite BEFORE violence issues are ameliorated
And.....
A Woman-Centred Approach When Children Require Alternate Care Understand a woman’s reasons for
returning/remaining Do not blame her Do not withhold access to her children as a
consequence Ensure the woman has developed a safety
plan Develop a service plan independent of her
partner Offer VAW services in a non-punitive way
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Too often if a woman separates and is seen to be capable of caring for the children, file closes before custody and access is resolved
2006 Ministry ‘Transformation Agenda’ introduced ‘differential response’
Many interpretations in Province of what D.R. means
Criticism in IPV cases- ‘D.R.’ equates to ‘don’t respond’
Criticism of Child Protection
Struggle to find the balance between purposeful helpful interventions and over-use of authority
Risk management should be at the forefront of C.P.W. consideration in light of mandate/accountability
Child Protection Must…
Recent Email I spoke to a woman on the phone today and I am really
concerned for the safety of her children. She is most concerned about her 11 year old. This woman tells me that her ex was charged and convicted of assault with a weapon against this child (he hit her with a beer bottle). CAS was involved and interviewed the woman and her other three children. The woman reports the file was closed because this is a contentious c&a battle and the assault was an isolated incident. According to the woman this is not an isolated incident. Here is the kicker, she is being charged with contempt of court because the child refused to go see her father and the woman didn’t make her. So tomorrow the child has to go spend 1 hr. with him, then next week 2 and so on…….
Challenges for Child Protection
In too many cases woman is responsible for navigating her way through family court to achieve child safety
In the absence of being able to demonstrate the child is presently ‘in need of protection’, CAS is expected to maintain neutrality with respect Family Law matters.
Dilemma is that there is no case management function for parents in family law matters, system broken- costly and slow
Child protection must carefully consider the risks to children when there is a history of domestic violence and protracted family law proceedings
Assessing for the ongoing dynamics of ‘coercive control’ is important
Child protection involvement may provide a much needed conflict management role, or failing that may provided the corroborating evidence needed to support the victim parent
Challenges for Child Protection Post Separation
Presently seeing beginning improvements as a result of our Community Safety Planning Conferences
Shared understanding of risk will help to enhance the safety planning and service coordination that are goal of conferences
Promising Collaborations
Implementing common cross agency risk assessment processes
Managing the volume of service demand and prioritizing services to most risky situations
Developing a potpourri of services that align to the needs of each family- one size fits all just doesn’t work
Challenges for Service Providers