The Nexus between Domestic Violence and Child

Maltreatment

Randy H. Magen, Ph.D.

School of Social Work

University of Alaska Anchorage

Handouts

• PowerPoint Slides• List of References• On Display (please don’t remove)

– Child Protection in Families Experiencing Domestic Violence by the Children’s Bureau

– Nicholson v. Williams opinion– Effective Intervention in Women Battering & Child

Maltreatment Cases by the National Council of Juvenile & Family Court Judges

The overlap between woman abuse and child maltreatment•The majority of the studies indicate that in

30% to 60% of families where one form of

abuse is occurring you will find the other form

of abuse

See: Edleson 1999

Recent Study by Kohl et al.

DV Reported by Caregiver

DV Identified by CPS Worker

YES NO totals

YES 8% 4% 12%

NO 23% 65% 78%

totals 31% 69%

Recent Study by Kohl et al.

DV Reported by Caregiver

DV Identified by CPS Worker

YES NO totals

YES 8% 4% 12%

NO 23% 65% 78%

totals 31% 69%

FalsePositive

FalseNegative

Different Histories & Services

While child protective service workers and

battered women’s advocates both, “...share an

interest in stopping the violence, their

perspectives and approaches are frequently in

conflict.”

Source: Cummings and Mooney (1988)

What is holding us back from doing better?• Different History

• Different Ideology

• Different Services

• Mistaken Beliefs

Different History

Domestic ViolenceChild Maltreatment

•“Rediscovered’ in 1962 with

The battered child syndrome

by Kemp

Different History

Domestic ViolenceChild Maltreatment

•“Rediscovered’ in 1962 with

The battered child syndrome

by Kemp

•Battered Wives by

Del Martin in 1976

Different Ideology

Battered Women’s

Shelters

Child Protective Services

• Child or family centered

approach

Different Ideology

Battered Women’s

Shelters

Child Protective Services

• Child or family centered

approach

• Woman-centered approach

Different Services

Battered Women’s

Shelters

Child Protective Services

• Child or family centered

approach

• Goal of working “in the best

interests of the child”

= Permanency

• Woman-centered approach

Different Services

Battered Women’s

Shelters

Child Protective Services

• Child or family centered

approach

• Goal of working “in the best

interests of the child”

= Permanency

• Woman-centered approach

• Goal of safety and empowering women.

Myths We May Hold

• Violence begets violence or the Intergenerational transmission of violence.– Research by Cathy Spats Widom“early child abuse and neglect place one at

increased risk…a large portion of abused or neglected children do not succumb.” (Widom,1989, 164)

Are pregnant women at greater risk of DV than non-pregnant women?

• Please choose one of the following– Yes– No– Maybe/I don’t know– I’m afraid to answer

Are pregnant women at greater risk of DV than non-pregnant women?• Review of the literature by Jasinski (2004)

“Research using national probability samples…have consistently reported no difference in risk due to pregnancy.” (p. 52)

“these studies, although finding no increased risk for victimization, also have not found a decreased risk.” (p. 52)

Effects of Witnessing• Children between ages of 8 and 12 are

more likely to be affected• Both boys and girls are affected• A child may act more aggressively, more

vigorously or more impulsively• Boys are more likely to be aggressive

– High exposure increases the degree to which boys engage in serious violence

Effects of Witnessing

• Externalized problems– Conduct disorder, delinquency, antisocial

behavior, aggression

• Internalized problems– Depression, anxiety, withdrawal

Effects of Witnessing

• Acting out behaviors

• High levels of stress

• Depression

Effects of Witnessing• Children between ages of 8 and 12 are

more likely to be affected• Both boys and girls are affected• A child may act more aggressively, more

vigorously or more impulsively• Boys are more likely to be aggressive

– High exposure increases the degree to which boys engage in serious violence

From: Liebert, Sprafkin & Davidson (1981) The Early Window

Effects of Witnessing

• Externalized problems– Conduct disorder, delinquency, antisocial

behavior, aggress

• Internalized problems– Depression, anxiety, withdrawal

•From: Emery (1994)

Effects of Witnessing

• Acting out behaviors

• High levels of stress

• Depression

•From: Garbarino (1992)

What does “Witnessing Domestic Violence” mean?

• Directly involved in the violence?

• Within visual range of the violence?

• Hearing the violence?

• Observing the aftermath of the violence?

Witnessing Domestic Violence“Well, I don’t know how it started or anything,

but he began hitting me. The kids were outside. He told them to stay out. I remember he was pulling my hair and he was hitting me with his fist and he had hit me on the mouth and my lip was bleeding…” (p.5)

“He shouted at the children, but he didn’t beat them” (p.121)

•From: McNulty (1980). The Burning Bed

Impact of Domestic Violence on Children Effects seem to be affected by:

• Frequency and severity of abuse

• Exposure to and involvement in the violence

• Developmental stage of child (age)

• Gender of child

• Time

Effects of Witnessing Domestic Violence

• No cause-effect relationship

• Some children develop active coping strategies

• Some children are resilient and buffered from the effects

See for example Child Protection in Families ExperiencingDomestic Violence pg. 11-12; Kolbo, 1996

Resiliency Most Likely When:

• When abuse is isolated from other sources of adversity

• When emotional support is available from another important adult in child’s life

(Shonkoff & Phillips, 2000, 255)

The importance of a primary caregiver “Who fills this role is far less important

than the quality of the relationship…A child may not care who cuts his hair or takes his money at the toy store, but he cares a great deal about who is holding her when she is unsure, comforts her when she is hurt, and shares special moments in her life.”(Shonkoff & Phillips, 2000, 266).

OCS Practice

• Safety Appraisal Form – The immediate evaluation of present danger– Done in all investigations on the same day as the

first face-to-face contact

• Has one question about domestic violence– #10 “Domestic violence exists in the home and

poses a risk of serious physical and/or emotional harm.”

OCS PracticeSafety Appraisal Form definitions:

1. Child previously injured in domestic violence incident2. Child exhibits severe anxiety (e.g. nightmares,

insomnia) related to situations associated with domestic violence

3. Child cries, cowers, cringes, trembles, or otherwise exhibits fear and domestic violence exists in the home

4. Child is at potential risk of physical injury5. Child’s behavior increases risk of injury (e.g. …)6. The is use of guns, knives or other instruments…7. Evidence of property damage resulting from domestic

violence

OCS Practice

• Future Risk of Abuse/Neglect (FRAN)– Question N7 and A8 cover “Problematic

Adult Relationships in the Household”– History or or current domestic violence

receive a score of 2.

OCS Policy2.2.6 “Screening for Domestic Violence” “…in danger because of domestic violence or…the

child needs protection as a result of the presence of domestic violence in the family…the worker shall take appropriate steps…”

1. Prevent removal from non DV offender2. Remove the offender3. Protect child from being placed or having

unsupervised visits with offender.

Failure to Protect

“does the mother have an obligation to take her child out of a situation that is dangerous…the answer is not ‘yes’ or ‘no’ but ‘it depends.’” (p.287)

•From: Berliner, L. (1998). Battered women and abused children:

The question of responsibility. Journal of Interpersonal Violence, 13,

287-288.

Failure to Protect

• “Failure” implies circumstances that are controllable

• Fathers are equally responsible

• Onus to control and predict the abuse is placed on the battered women rather than the perpetrator.

Separation Violence

• Separation is time when potential violence is high, even if

none existed before.

• Violence prior to separation likely to escalate.

• If power & control were central in nonviolent relationship,

violence may be used.

• Separation violence can be deadly.See :Mahoney, M. R. (1991). Legal images of battered women:

Redefining the issue of separation. Michigan Law Review Association, 90 , 1-94.

Separation Violence

• NVAWS– Women who live apart from husbands

report more violence than women who live with husbands (20% vs. 5.4%)

– However, only stalking more likely to occur after termination of relationship

Separation ViolenceFemale Physical Assault Victims

77.60%

4.20%

18.20%

Before Relationship Ended

After Relationship Ended

Both Before and After Relationship Ended

Female Stalking Victims

20.80%

42.80%

36.40%

Before Relationship Ended

After Relationship Ended

Both Before and After Relationship Ended

From: National Violence Against Women Survey; Tjaden & Thoennes (2000)

Failure to Protect

• Remedy of affirmative defense“that at the time of the neglect there was a

reasonable apprehension in the mind of the defendant that acting to stop or prevent neglect would result in substantial bodily harm to the defendant or the child in retaliation. Minn. Stat. Ann., §§609.378 (West 1993)

Nicholson v. Williams• New York City class action. Decision in March

2002 by Judge Weinstein• Removals—based on the battering of the mother rather

than treatment of the children—treats the mothers unequally from other parents who are not abused.

• New York City should not have a CINA finding of child neglect in regard to battered mothers solely because of domestic violence

• New York City’s practices in cases involving domestic violence harm children more than they protect them from harm.

Best Practices:1. Mothers should not be accused of neglect for being victims

of domestic violence. 2. Batterers should be held accountable. 3. Children should be protected by child welfare agencies by

offering battered mothers appropriate services and protection.

4. Separating battered mothers and children should be the alternative of last resort.

5. Child welfare employees should be adequately trained to deal with domestic violence.

6. Agency policy should provide clear guidelines to caseworkers.

Therapeutic Jurisprudence“In many of today’s cases, the traditional approach

yields unsatisfying results. The battered wife obtains a protection order, goes home and is beaten again. Every legal right of the litigants is protected, all procedures followed, yet we aren’t making a dent in the underlying problem. Not good for the parties involved. Not good for the community. Not good for the courts

Judge Judith S. Kay, Chief Judge State of New York. Newsweek October 11, 1999

What should you do?

• Is the assessment happening?

• Is OCS following best practices?

• Is Alaska’s law and its’ implementation just?

Questions & Comments?