2010 First Judicial District Domestic Violence Conference

Improving the Response to Children in Domestic

Violence CasesSarah Buel, Clinical Professor & Director, Halle

Center for Family Justice, AZ State U.

Sandra Day O’Connor College of Law

sarah.buel@asu.edu

Please turn off all cell phonesOr put them on vibrate.

Thank you!

Action Planning. . . BASED ON WHAT I’VE LEARNED @ THIS

CONFERENCE, I WILL MAKE AT LEAST 2 CHANGES IN MY WORK:

WHAT I’LL DO: #1____________________________

#2____________________________

From Nat’l Council of Juvenile & Family Court Judges

I. Successful Prevention

A. Early intervention is key for children exposed to DV.

*Risk factors include “premature birth, conduct problems, parental mental illness or substance abuse, physical abuse, exposure to violence, homelessness and poverty.”

*Children’s resilience is closely tied to their battered mother’s safety, so early intervention must be holistic . . .

Abigail H. Gewirtz and Jeffrey L. Edleson, Young Children’s Exposure to Intimate Partner Violence: Towards a Developmental Risk and Resilience Framework for Research and Intervention, 22 J. FAM. VIOL. 151 (April 2007).

1. Relief Nursery, www.reliefnursery.org

Crisis response for families in urgent need Outreach for Isolated and/or New Families Therapeutic Early Childhood Classrooms Home Visits Alcohol & Drug Recovery Support Parent Education & Support Mental Health and Special Education Transportation and Basic Needs Assistance

Relief Nursery outcomes: Child Abuse Reports: After 1 year with the program, 95% of

families receive no further reports of abuse or neglect.

Foster Care: 99% of the children attending the Relief Nursery require no foster care and are able to remain safely at home.

Healthy Development: 90% of the children attending the Relief Nursery are developing at age-appropriate levels and 10% receive special education services on-site.

Clean and sober life style: 85% of parents with a history of substance abuse who participate in the Relief Nursery alcohol and drug recovery support program are still clean and sober seventeen months after treatment.

Survivor Support Network = Students & community volunteers

assist victims with ANY need Fundraise to pay rent

& other bills

Help write resumes & find jobs

Assist w budget & to access resources

Help kids aging out of foster care

Mentor foster & high risk youth

Find child care

Provide rides

(512) 232-7855

www.utexas.edu/ law/students

COURT WATCHES: Volunteers document victim

treatment in the courts for civil, criminal & child support proceedings.

Developing a Court Monitoring Program Manual

For Materials and information contact

www.watchmn.org

2. Harlem Children’s Zone www.hcz.org

Founder Geoffrey Canada: "If your child comes to this school, we will guarantee that we will get your child into college. We will be with you with your child from the moment they enter our school till the moment they graduate from college."

Promise Academy Baby College Pay youth $150 per month to do homework Raised $100 million with business plan 1 teacher for every 6 kids Extraordinary success rate!

www.hcz.org Nearly all the children in HCZ live in poverty

— & 2/3 of them score below grade level on standardized tests.

HCZ combines educational, social & medical services, covering participants from birth all the way through college.

100% of the past three Harlem Gems (preschool) classes tested "school ready."

In ’05 only 11% of Promise Academy's 100 kindergartners initially tested above grade level, 80% had reached that point by the end of the school year.

III. Responding to Children at the Crime Scene

A. Law Enforcement Response to Children at the Crime Scene

Sure access to document evidence from & about children is at crime scene.

1. Focus groups with kids of DV: Asked kids:

1. “What are we doing that helps?”

2. “What are we doing that does NOT

help?”

3. “What else can we do to help?”

Based on kids’ responses, we’ve changed our interventions.

6 Essentials with Kids @ Scene: 1. Put in report # kids living in home + # who

witnessed incident;

2. Talk with kids alone;

3. Sit at child’s level;

4. Look for kids hiding in closet & beds;

5. Take photos of traumatized kids;

6. Document kid’s statements; &

7. Go over Youth Safety Plan.

www.abanet.org/domviol (free)

B. Non-Testimonial Statements to:

Neighbors Teachers Doctors Friends Family Anyone NOT a government agent.

C. Protect Mom = Protect Child

Interveners must remember that when a victim recants or seeks to withdraw orders, she is often trying to stay alive.

Often best way to protect children is to protect their abused parent.

G. Talk to Recanting/ Reconciling Victim

1. I’m afraid for your safety.2. I’m afraid for the safety of your

children.3. It will only get worse.4. Contact us anytime for help.5. You don’t deserve to be abused.6. How can I/we help?

24/7 ~ 140 languages

Nat’l Domestic Violence Hotline:

1-800-799-SAFE

Some Faith Community Resources:1. Faith Trust Institute provides technical

assistance on DV & Sxl Assault and Faith www.faithtrustinstitute.org

2. Rev. Joe Parker, David Chapel Missionary Baptist Church, Austin, TX. www.davidchapel.org

3. Jewish Women’s Int’l www.jwi.org4. Catholic Church

www.archdpdx.org/othercath 5. I can send you 3 half-page articles for

church bulletin on DV & kids

V. PROTECTING CHILDREN PRE-TRIAL

A. WITNESS TAMPERING: High levels of child witness intimidation and coercion, with devastating impact on the child targets.

B. Tampering with child witnesses is common in family violence, child sexual assault, abuse, and neglect cases. The defendant’s fear tactics induce both compliance and long-term trauma.[1]

[1] See William W. Harris, Alicia F. Lieberman, and Steven Marans, In the Best Interests of Society, 48 J. of CHILD PSYCHOLOGY AND PSYCHIATRY 392 (2007)

…

C. WARN CHILDREN THEY MAY BE THREATENED & TO TELL YOU IF THEY ARE.

D. PROVIDE CHILDREN WITH ARRAY OF SAFETY PLANNING TOOLS, ranging from SAFETY PLAN brochures and 24/7 hotline numbers, to cell phones and frequent check-ins.

VI. PROTECTING CHILDREN DURING TRIAL

A. Trained victim advocates accompany victims to and during court, to the extent the judge will permit.

B. Subpoena child and adult victims to the prosecutor’s office, not directly to court.

C. TRAINED DOGS for CHILD ABUSE VICTIMS

Valerie Wynn, Mary Parrish Ctr,

Nashville # 615-256-5959Betty Ann Whitten, Tyler (TX) District

Attorney’s Office #903-535-0520

VII. PROTECTING CHILDREN POST-TRIAL

A. On-going SAFETY PLANNING, including warning of possible retaliation

B. On-going check-ins & home visits.

VIII. JUST AS UNIVERSAL

SCREENING FOR DOMESTIC VIOLENCE HAS BECOME PART OF THE STANDARD OF CARE FOR MEDICAL AND MENTAL HEALTH PRACTITIONERS,

OTHER PROFESSIONALS MUST SCREEN EVERY CHILD FOR ABUSE.

…

A. Interveners must initiate questions about abuse in the household during the first meeting to assess the immediate safety issues.

B. Ask: “Does anyone hit or scare you at home?” and “What happens when people in your home get mad?”

C. It is malpractice for attorneys, medical and mental health providers, social workers, child protection and child care staff, and educators to not conduct universal screening.

VIII. Community Safety Audits

The question to be answered is, “How does this (practice,

policy, rule etc.) enhance or diminish child safety and offender accountability?”

www.praxisinternational.org

Adapted from:“The Duluth Safety and

Accountability Audit; A Guide to Assessing Institutional

Responses to Domestic Violence”

by Ellen Pence & Kristine Lizdas

A. Include in Audit1. Child Protective Services2. Child Advocacy Center3. Law Enforcement4. Prosecutor’s Office5. Courts (family, juvenile, child protection)6. Probation & Parole7. Pre-Trial Services8. CASA &/0r Guardian Ad Litem Program9. Other entities involved in child protection

B. Start with most receptive organizations.

Makes sense to go through process most cases follow, but not always possible May need to call it something else, e.g. ‘safety check’ Think how adapt this process to focus on children’s services.

IX. The Northwestern (MA.) District Safety and Accountability Audit - INTRODUCTION

It is a look at whether the responses we have created to address the DV issues in our homes and communities actually serve their intended purpose.

A. 6 steps to performing a safety audit:

1. Forming and preparing an audit team

2. Determining what stage of the process to examine

3. Defining the scope of the audit4. Collecting data5. Analyzing data6. Recording findings that lead to

recommendations

B. Scope of the Audit

Eventually want audit all systems, but it made the most sense to start at the beginning of the chain.

MA. county chose 6 police departments, including dispatchers.

Interviews Personnel were eager to talk about their

thoughts & feelings regarding their work. Many greatly appreciated the opportunity

to relate some of their ideas based on the day-to-day reality of witnessing & responding to domestic violence.

There is a wealth of knowledge, deep thought and creativity among the people on the front lines.

C. Focus Groups While the rest of the audit team was

conducting interviews and observations, the safety audit coordinator was scheduling focus groups.

Focus groups consisting of domestic violence victims, prosecutors and various advocacy groups were conducted throughout the audit.

G. Police ~ Training Training is central to addressing

many of the identified issues with police response.

What should include? _______________________ _______________________ _______________________

Police ~ Recommendations

1. Every police department should have comprehensive written policies specific to responding to child abuse & DV.

2. Standardized, comprehensive training on child abuse & DV response should be available to all police officers.

State guidelines for investigation should be followed, including:

1. Complete identification & interview of reporting parties & children;

2. Identification and interviews of neighbors & any potential witnesses;

3. In-depth review of past acts; &4. Necessary follow-up

investigation.

Risk Questions for Adult ~ Adapt for Kids

1. Do you think s/he will seriously injure or kill you or your children?

2. What makes you think so? What makes you think not?

3. How frequently and seriously does s/he intimidate, threaten or assault you?

4. Does s/he threaten harm to himself?5. Describe the most frightening

event/worst incidence of violence.

Predominant Aggressor Considerations,

Including JuvenileCompare the following: Severity of injuries of each party &

level of fear Use of force & intimidation Prior abuse by each party Likelihood of each suspect to cause

further injury Fear each person has of being

injured by the other

Additional Issues: Response time Including Children in Protective

Orders Protective Orders & Police Response Tracking High-Risk Cases DV/ Child Abuse Among Police Resources Self-Defense

IX. Zero Tolerance for Witness Tampering/ Retaliation

= most common child abuse & DV offense but least charged

A. How does your community respond to Witness Tampering, Bribery & Retaliation involving abused children?

Q: What Works to counter witness tampering?

A: WRAPPING CHILDREN IN

SERVICES – providing what child needs to be safe .

. .

B. Next Steps to Meet Standard of “INTENT TO SILENCE”

VICTIM:1. Document FULL HISTORY of

ABUSE, including isolation & threats 2. Document all conduct indicative of

WITNESS TAMPERING3. Identify potential WITNESSES4. Use an EXPERT in difficult cases

Post-Crawford, Davis & Giles Need:

1. Photos (not testimonial)2. Medical & EMT Records (with

diagnosis)3. Business Records (phone, work) -

803(6)4. Public Records (Parole or Prison

records)5. Jail Phone Calls & Letters to Kids

or Mom

C. FRE Rule 404(b) permissible purposes for admitting DEFENDANT’S PRIOR BAD ACTS:

1. proof of motive, 2. intent, 3. plan, 4. knowledge, and 5. identity, *but this is not an exclusive list.

Classic Abusive Relationship, cont’d. Justice Souter’s concurrence: intent to silence should be inferred

with proof of “CLASSIC ABUSIVE RELATIONSHIP”

+ argues that there is no basis to suspect framers would have disagreed with the inference that forfeiture’s requisite intent could be met with evidence of a “classic abusive relationship”.

Classic Abusive Relationship, cont’d.

J. Souter adds, “If the evidence for admissibility shows a continuing relationship of this sort, it would make no sense to suggest that the oppressing defendant miraculously abandoned the dynamics of abuse the instant before he killed his victim, say in a fit of anger.” (emphasis added)

. . . OF WHICH OBSESSIVE CONTROL IS A HALLMARK TRAIT.

D. Doctrine of Forfeiture by Wrongdoing

“The rule of forfeiture by wrongdoing (which we accept) extinguishes confrontation claims on essentially equitable grounds.”

Crawford at *1370

Doctrine of FORFEITURE by Wrongdoing = The accused loses the right to confrontation if he causes the witness’s unavailability.

Medical Records Release Form

Authorization For Release of Information

To:_____________________________________________________________________________ (Doctor or Hospital/Clinic)

________________________________________________________________________________ (Address)

I hereby authorize and request you to release to:_____________________________

________________________________________________________________________________ The complete medical records in your possession, concerning my injury or treatment during the period from:

_____________________________ to ____________________________________

_____________________________ to __________________________________

XI. Safety Plan: Action Plan to Keep Child Alive

Adult & Child Safety Plans in every bathroom, school, library, youth organization, waiting area, clerk’s office;

Available from local programs? Youth Safety Plans Not

copyrighted & Free from ABA!

www.abanet.org/domviol

A. Ensure Safety Plan covers:

FAITH – what resources & support? RACE/ CULTURE – what issues are

important for child & parent? LANGUAGE – what are child’s skills?

Need translator? LITERACY – need help learning to

read? IMMIGRATION – is child &/or parent

undocumented? Other, e.g. depression, addiction,

disability

B. 6 Things to Say to Child:

1. I am afraid for your safety.2. I am afraid for your parent’s

safety.3. It will only get worse.4. We are here for you anytime.

Call 911 when you’re in danger.5. You don’t deserve to be abused.6. How can I help?

C. Recanting Child & Adult Victim

Victims report very effective to say:

“YOU DON’T DESERVE TO BE ABUSED.”

You can add: “IT’S AGAINST THE LAW.” “We can help by . . .”

D. Family Economic Empowerment

1. TANF/ welfare for family of 3 per mo: MS. $170 ~ TX $213 ~ OR. $460 ~ MN $532 - Alaska $923

2. Plan: house + car + job training + real job + counseling + medical care + glasses (Lion’s Club) + dentist + food.

Teach Kids S.A.F.E.

S = STAY OUT OF THE FIGHT A = ASK FOR HELP F = FIND an ADULT WHO WILL

LISTEN E = EVERYONE KNOWS IT’S NOT YOUR FAULT

D. Audit to Protect Pregnant Women:

1. 30% pregnant women abused – means must increase screening & resources to them.

Drs. Anne Flitcraft & Evan Stark research

2. Nat’l Comm Prevention Infant Mortality: 25% increase low birth-weight babies if Mom is battered.

*Low birth-weight can be negative predictor of future developmental & expensive problems.

E. Audit to Screen for Kids as Direct or Indirect Victims, e.g., exposure to domestic violence shows increased

rates of: Acting out/ aggression; PTSD; Eating disorders; Sleeping disorders; Allergies; Losing a developmental skillPeter Jaffe, et. al, CHILD CUSTODY & DOMESTIC VIOLENCE, A Call

For Safety & Accountability (2003); and Betsey McAlister Groves, CHILDREN WHO SEE TOO MUCH, Lessons From the Child Witness to Violence Project, (2002).

Drs. Perry, Jaffe, Adams:

“CHILDREN DO NOT NEED TO BE PHYSICALLY ABUSED TO TAKE ON VIOLENT & DELINQUENT BEHAVIOR; IT IS ENOUGH FOR THEM TO BE EXPOSED TO DOMESTIC VIOLENCE.”

e.g., CO: police must document if children saw or heard DV offense.

Gives court essential info to better provide services to kids & alert parents to

impact on kids.

F. Make Child Safety #1 Priority of CPS

*Currently most states mandate family preservation & family

unification as priorities. Does yours?

*New York City and Oklahoma: 2 jurisdictions now mandating child

safety is #1.

*Often Best Way to Protect Kids =

Protect Mom/Caretaker

According to Boston & San Diego Children’s Hospital Child Protection

Programs

F. Presumed Restitution

At least 10 states and the federal gov’t now REQUIRE restitution to crime victims for all expenses resulting from the offender’s commission of the crime.

XII. Cultural CompetenceA. Judicial Oversight Initiative:

Milwaukee County: city vs. suburban police responses:

whites often receive citation & fines, Blacks arrested.

As a result:

Blacks = 24% population, but = 66% of domestic

violence cases in DA office;

Whites = 62% pop, but = 32% of dv cases.

B. Similar bias with drugs: African-Americans constitute just

13% of all drug users, But = 35% of defendants arrested

for possessing drugs, 55% of those receiving convictions,

and

74% of those being incarcerated.

Drugs and Human Rights. Who Goes to Prison for Drug Offenses: A Rebuttal to the New York State District Attorneys Association. Human Rights Watch World Report 1999 at http://www.hrw.org/campaigns/drugs/ny-drugs.htm (last visited Dec. 29, 2002).

Women of Color Incarceration of all females increased 88%

from 1990 to 1998, But 2/3 are women of color, most of whom are

African-American. Bureau of Justice Statistics (BJS) predicts a

95% increase in the rate of imprisonment for African-American women;

at the same time it projects a 15% increase

for white women. U.S. Department of Justice, Bureau of Justice Statistics, Special Report: Women Offenders 6 (1999) [hereinafter Special Report], cited in Paula Johnson, Inner Lives, Voices Of African American Women In Prison 5 (2003).

Pregnant women defendants. . .

Research shows drug & alcohol abuse rates are higher for pregnant White women than pregnant Black women, but Black women are about 10 times more likely to be reported to authorities under mandatory reporting laws.

C. Youth of Color

= 32% of youth, but 68% of those in secure detention

Burns Institute works to reduce overrepresentation of youth of

color in the juvenile justice system. This IS a solvable

problem!

www.burnsinstitute.org

XIII. Audit Info to Kids

1. Safety Plan Brochures, coloring books, posters, PSA’s

2. Ensure info to kids at many sources day care, school, library, officer calls

Collaboration w Faith Community

Ensure breaking silence of abuse Faith Trust Institute provides technical

assistance on DV & Sxl Assault and Faith www.faithtrustinstitute.org

Rev. Joe Parker, David Chapel Missionary Baptist Church, Austin www.davidchapel.org

Jewish Women’s Int’l www.jwi.org Catholic Church

www.archdpdx.org/othercath

Nat’l Council of Juvenile & Family Court Judge’s

Resource Ctr on Domestic Violence, Child Protection and Custody

Juvenile Justice Resource Center Technical Assistance Quarterly Journal, Monthly

Newsletter 1-800-52-PEACE www.ncjfcj.org

Resources American Bar Association’s Commission on

Domestic Violence: www.abanet.org/domviol

Battered Women’s Justice Project: 1 of Nat’l Resource Centers on legal issues: www.bwjp.org or 1-800-903-0111

National Council of Juvenile & Family Court Judges 1-800-52-PEACE www.ncjfcj.org

www.mincava.umn.edu/bibs.bibkids.html invaluable database

Helpful Books The Verbally Abusive Relationship by

Patricia Evans (practical guidance) Getting Free by Ginny NiCarthy (advises

victims, colleagues, family through leaving process)

Lessons in Living by Susan Taylor (inspirational guidance)

Trauma & Recovery by Judith Herman (correlates prisoner of war trauma with that of rape & dv victims based on research; & offers guidance for assisting trauma survivors).