5/14/2018 1 A SAF e R APPROACH TO PARENTING ARRANGEMENTS IN CASES INVOLVING INTIMATE PARTNERVIOLENCE Loretta M. Frederick, J.D. Senior Legal and Policy Advisor Battered Women’s Justice Project AFCC Webinar May 15, 2018 Funding for this project was made available through the US Department of Health and Human Services, Grant #90EV0440.The viewpoints contained in this document are solely the responsibility of the author(s) and do not represent the official views or policies of the department and do not in any way constitute an endorsement by the Department of Health and Human Services. SAF e R Sponsored by OurFamilyWizard.com Learning Objectives At the conclusion of this webinar, participants will be better able to: •Apply a systematic, behaviorally‐specific method of recognizing and understanding the nature and context of any IPV in a child custody dispute, the SAF e R approach •Analyze the impact of any IPV on children, parenting, and the best interests of the child •Develop concrete, individualized parenting arrangements that account for the context and implications of the IPV SAF e R Screen for IPV Assess the Nature & Context of IPV Focus on the Effects of IPV Respond to IPV Is abuse an issue here? What is actually going on? Why does it matter? What can be done about it?
Transcript
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A SAFeR APPROACH TO PARENTING ARRANGEMENTS
IN CASES INVOLVING INTIMATE PARTNER VIOLENCE
Loretta M. Frederick, J.D.
Senior Legal and Policy Advisor
Battered Women’s Justice Project
AFCC Webinar
May 15, 2018
Funding for this project was made available through the US Department of Health and Human Services, Grant #90EV0440. The viewpoints contained in
this document are solely the responsibility of the author(s) and do not represent the official views or policies of the department and do not in any way constitute an endorsement by the Department of Health and Human
Services.
SAFeR
Sponsored by OurFamilyWizard.com
Learning Objectives
At the conclusion of this webinar, participants will be better able to:
•Apply a systematic, behaviorally‐specific method of recognizing and understanding the nature and context of any IPV in a child custody dispute, the SAFeR approach
•Analyze the impact of any IPV on children, parenting, and the best interests of the child
•Develop concrete, individualized parenting arrangements that account for the context and implications of the IPV
SAFeR
Screen for IPV
Assess the Nature & Context of
IPV
Focus on the Effects
of IPV
Respond to IPV
Is abuse an issue here?
What is actually going on?
Why does itmatter?
What can be done
about it?
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SAFeR
S A Fe RScreen Assess Focus on Effects Respond
Worksheets
Screening for IPV Assessing IPV Focusing on Effects of IPV
Responding to IPV
S A Fe R
WorksheetsS
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WorksheetsA
WorksheetsFe
WorksheetsR
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SAFeR
Screen for IPV
Is abuse an issue here?
What is DV Screening?
Identify Domestic Abuse
Understand the Nature & Context of
Abuse
Determine the
Implications of Abuse
Account for Abuse in Actions & Decisions
A routine process for identifying a potential problem• It’s tentative (not a judgment, ruling or diagnosis)•A way to find out if there is reason to take a closer look• Distinct from an assessment
Deciding Whether to Disclose
•What do I hope to gain by disclosing?
•Is disclosure likely to get me what I need?Why disclose?
•What does this person need to know?
•What happens if they don’t know it?What to disclose?
•What is the best way to convey this information?
•Should it come from me or somebody else?How to disclose?
•Is now the time to disclose?
•What happens if I wait? What happens if I don’t?When to disclose?
•Does this person need to know and can I trust him/her?
•What will s/he do with the information?To whom to disclose?
•What will the likely effect(s) of disclosure be?
•Can negative effects be mitigated and, if so, how?At what cost?
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Strategies:
•Explain your role & function in the case.
•Explain why you are asking about domestic abuse.
•Explain how you will use the information.
•Explain whether & how information will be shared.
•Explain whether information will be in your report.
•Explain the scope and/or limits of confidentiality.
•Explain your duty to report.
Identify Domestic Abuse
Screening Protocols
• Elements of a good screening protocol
• Systematic and universally applied
• Behaviorally‐specific
• Focused on multiple forms of abuse
• Attuned to both past abuse and more recent abuse
• Alert to established risk factors
• Structured in a way that promotes safe and informed disclosures
Identify Domestic Abuse
WorksheetsS
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SAFeRScreen for IPV
SAFeR
Screen for IPV
Assess the Nature & Context of
IPV
Focus on the Effects
of IPV
Respond to IPV
What is actually going on?
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Zoe, ReMovedFilm (2017)
WorksheetsA
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Abuse of the Victim Parent
Child’s Experience• Exposure during pregnancy• Direct intervention• Direct harm• Direct/indirect observation• Witness initial effects• Experience aftermath
Child’s Experience• Exposure during pregnancy• Direct intervention• Direct harm• Direct/indirect observation• Witness initial effects• Experience aftermath
Abuser’s Parenting• Physical safety• Emotional support• Economic support• Protection from abuse• Taking responsibility• Attunement to needs• Support of other parent
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Abuse of the Victim Parent
ABUSE OF VICTIM‐PARENT
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Abuse of the Victim Parent
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Child’s Experience• Exposure during pregnancy• Direct intervention• Direct harm• Direct/indirect observation• Witness initial effects• Experience aftermath
Evolving Concepts
DV is just between the parents.
Evolving Concepts
Children often witness or are exposed to DV.
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Evolving Concepts
Children actively experience and resist DV.
Evolving Concepts
DV is just between the parents.
Children often witness or are exposed to DV.
Children actively experience and resist DV.
Child’s Experience• Exposure during pregnancy• Direct intervention• Direct harm• Direct/indirect observation• Witness initial effects• Experience aftermath
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Direct intervention in IPV
•Includes things like:•Pleading with the abuser to stop
•Calling for help
•Blocking the abuser’s access to the victim
•Pulling the abuser off the victim
•In what ways did Zoe directly intervene in the IPV?
Direct harm from IPV
•Includes things like:•Getting caught in the crossfire
•Being blamed for the IPV
•Being ridiculed for crying in the face of IPV
•Being told “you’re next”
•Getting punished for intervening
•How did Zoe experience this sort of harm in the course of the IPV?
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Experiencing Initial Effects of IPV
•Includes things like:•Seeing blood, bruises, and other injuries
•Watching a parent taken away by ambulance
•Seeing a parent being arrested
•Having all the furniture broken up
•Dealing with intense emotions and traumatic effects
•What are some of the initial effects of IPV that Zoe experienced?
Living with the Aftermath of IPV
•Includes things like:•Parental anxiety
•Separation or relocation
•Severed social ties
•Breakdown in trust
•Chaos, uncertainty, disruption to routine
•What did Zoe’s life look like in the aftermath of IPV?
Child’s Experience• Exposure during pregnancy• Direct intervention• Direct harm• Direct/indirect observation• Witness initial effects• Experience aftermath
Abuser’s Parenting• Physical safety• Emotional support• Economic support• Protection from abuse• Taking responsibility• Attunement to needs• Support of other parent
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SAFeR
Screen for IPV
Assess the Nature & Context of
IPV
Focus on the Effects
of IPV
Respond to IPV
Why does itmatter?
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WorksheetsFe
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Harm to Physical Safety
•Includes things like:•Hitting, punching, slapping, pushing the child
•Using excessive or coercive discipline
•Denying food, clothing, necessary medical care
•Violating child’s physical space/privacy
•Abducting or threatening to abduct the child
•Exposing the child to pornography, drugs, criminal activity
•Any indication of any of that in the video clip?
Emotional Harm
•Includes things like:•Violating the child’s boundaries
• Interfering with school or homework
•Exposing the child to violence
•Disrupting the child’s social structures or routines
•Mocking the child’s interests or ambitions
•Creating a chaotic or unpredictable home life
•Promoting gender bias or disrespect of women
•Any indication of any of that in the video clip?
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Economic Harm
•Includes things like:•Refusing to pay child support
•Trading money or support for visitation
•Emptying bank accounts or hiding assets
•Using limited resources to pay for personal extravagances
•Denying the other parent access to resources
• Interfering with the other parent’s work
•Any indication of any of that in the video clip?
Using the Child as a Tool of Abuse
•Includes things like:•Threatening to harm or take the child
•Using the child to spy upon or harass the other parent
•Pitting the child against the other parent
•Using the child to bargain with the other parent
•Using the child to gain access to the other parent
•Neglecting the child on visits
•Any indication of any of that in the video clip?
Denying Impact of IPV on Child
•Includes things like:• Justifying or excusing abuse
•Blaming others for the abuse
•Demanding respect for abuse
•Refusing to get help for abuse
• Interfering with the other parent’s efforts to support child
• Forcing unwanted contact with the child
•Any indication of any of that in the video clip?
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Ignoring Child’s Separate Needs
•Includes things like:•Putting one’s own needs above the child’s
•Thinking the child’s needs are identical to one’s own
•Believing that child is a mirror image of the other parent
•Any indication of any of that in the video clip?
Undermining Other’s Parenting
•Includes things like:•Denigrating the other parent in front of the child
•Disrupting the child’s schedule or routine
•Undermining the child’s school work or social life
• Ignoring child’s allergies or illnesses
•Refusing to let the child see a counselor or therapist
•Violating established parenting agreements
•Any indication of any of that in the video clip?
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What parenting arrangements will respond to the DV?
Screen for IPV
Assess the Nature & Context of
IPV
Focus on the Effects
of IPV
Respond to IPV
What can be done
about it?
Say the parents are involved in a custody action...
What institutional responses might be available to address the family’s experience of IPV in this case?
opinions, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice.
This project is supported by Award 2015-TA-AX-K039 from the Office of Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions and recommendations
expressed herein are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice.
The developing fetus experiences abuse in utero, where, for instance, the abuser:
•kicks, punches, terrorizes, or sexually assaults a pregnant partner; deprives a pregnant partner of food, sleep, or prenatal care
IPV during
pregnancy
The child takes affirmative steps to make the abuse end, such as:
•pleading with the abuser to stop, calling for help, blocking abuser's access to victim-parent, pulling the abuser off the victim
Direct intervention
in IPV
The child suffers verbal, physical, or emotional harm during the course of IPV, as when:
•the child gets caught in the crossfire, is blamed for IPV, is ridiculed for crying, is told they're next, is punished for intervening
Direct harm
from IPV
The child joins in the IPV, due to force, coercion, identification with abuser, or self-preservation:
•abuser uses child to spy, taunt, or assault victim; abuser rewards child for participating in IPV; child goes along to stay safe
Direct participation
in IPV
The child sees or hears IPV, either directly or indirectly, where, for instance, the child:
•watches an assault, observes coercive power, hears threats or pleas for mercy, observes degradation, sees intimidation
Observation
of IPV
The child takes cover from IPV by:
•running away from home, hiding under the bed, using alcohol or drugs, locking him/herself in the closet, tuning out the world
Retreat
from IPV
The child observes the immediate effects of IPV, including but not limited to:
•blood, bruises, and other injuries; ambulances and emergency vehicles; a parent being arrested; damaged property; trauma
Witness initial effects
of IPV
The child faces life-altering change as a result of IPV, including but not limited to:
•parental anxiety, separation or relocation, broken social ties, breakdown in trust, chaos, uncertainty, disruption to routines
Experience aftermath
of IPV
The child is told about (or overhears) conversations regarding IPV by:
•parents, extended family members, police, child protection workers, judges, lawyers, guardians ad litem, teachers, therapists
Knowledge
of IPV
Is IPV an issue?
What is the abuser doing?
What's the effect on...?
What can be done about it?
SAFeR
LIMIT OR MONITOR ABUSIVE PARENT’S ACCESS TO CHILD OR VICTIM PARENT: □ Limit methods of communication (no in-person, telephonic or social media contact) □ Prescribe frequency and methods of communication (email only, text only, etc.) □ Restrict length and/or content of communication (1-page, 10-minutes, scope, etc.) □ Limit access to sensitive information (addresses, account numbers, SSNs, records) □ Issue and enforce no contact orders and orders for protection □ Require neutral exchange locations (school, place of business, etc.) □ Require third party exchanges (professional, friend, family member, etc.) □ Restrict visitation to designated location (grandparent’s home, public park, church) □ Restrict visitation to a geographical area (25-mile radius, in town, state, or country) □ Condition visitation on having third party present (professional, friend, family) □ Restrict what can happen during visitation (no alcohol or drugs, no weapons, etc.) □ Establish benchmarks for unsupervised access (no abuse, no threats, no violations) □ Condition access on compliance with established terms (sobriety, BIP, car seat, etc.) □ Appoint a post-visitation safety monitor to ensure visits are safe and go as planned □ Periodically monitor and conduct risk and danger assessments □ Define consequences for non-compliance with access restrictions □ Other:
MONITOR AND ENFORCE ABUSIVE PARENT’S COMPLIANCE WITH PARENTING PLAN: □ Conduct review hearings □ Establish schedule for abusive parent to demonstrate compliance with plan □ Set automatic consequences for non-compliance with parenting plan □ Appoint a compliance monitor at abusive parent’s cost □ Hold abusive parent accountable for unjustified, unexcused, intentional violations □ Other:
REQUIRE ABUSIVE PARENT TO PARTICIPATE IN REMEDIAL INTERVENTIONS AND/OR
SERVICES: □ Refer abusive parent to batterer intervention for assessment and proper services □ Refer abusive parent to parenting after violence for assessment/proper services □ Other:
LIMIT ABUSIVE PARENT’S RULEMAKING OR DECISION-MAKING AUTHORITY: □ Grant sole legal custody to victim parent, with or without specified exceptions □ Grant parallel legal custody, with or without specified exceptions □ Appoint a parenting consultant to confer with abuser on all major decisions □ Appoint a parenting monitor to oversee and periodically assess abuser’s parenting □ Limit abuser’s ability to dispose of real or personal property or to dissipate assets □ Appoint a special master to monitor and effectuate property allocations □ Other:
SUPPORT VICTIM PARENT’S EFFORTS TO PROTECT CHILD: □ Link parental decision-making authority to parental responsibility for child’s care □ Designate victim parent as the custodian of records □ Provide victim parent with information about available community-based resources □ Facilitate victim parent’s access to available community-based resources □ Establish self-executing parenting plan enforcement mechanisms □ Allow direct and expedited access to parenting plan enforcement mechanisms □ Establish automatic bill-paying processes for abuser’s financial obligations □ Delineate reasonable house rules □ Limit grounds upon which abuser may object to the victim’s parenting decisions □ Permit the victim to relocate with the child in accordance with the law
STRENGTHEN CHILD’S SYSTEMS OF SUPPORT: □ Ensure that parenting plan accommodates child’s interests, activities and supports □ Provide sufficient parenting time flexibility to adapt to child’s age and social needs □ Structure parenting time to maintain access to child’s support system □ Connect child and victim parent to available community based resources
opinions, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice.
RESPONDING TO IPV (DETAIL)
Is IPV an issue?
What is the abuser doing?
What's the effect on...?
What can be done about it?
SAFeR
•Do you have access to your own resources, like money, bank accounts, food, housing, transportation, and healthcare?
•Who decides how you spend money and manage your financial affairs?
Interference with Resources
•How much freedom do you have in your everyday life to come and go as you please, manage your own time, make your own decisions, set your own priorities, interact with other?
Interference with Daily Affairs
•Is there anything that gets in your way of getting to work or school, doing your work or studying without interruption, pursuing a career or education, or succeeding at work or school?
•Is there anything that gets in the way of your immigration status?
Interference with Work, School, Immigration
Status
•Is there anything that gets in your way of eating, sleeping, keeping and maintaining a home, getting from place to place, providing for yourself, exercising, seeking medical attention when you need it, keeping up with medications, having time to yourself, keeping current on your bills and obligations?
Interference with Ability to Meet Daily
Needs
•Is there anything that gets in your way of protecting and caring for your children?
•Do you have any concerns about your children or fears for their safety?
•Has the other ever used or threatened to use the children to manipulate, control, or monitor you?
Interference with
Parenting
•Is there anything that gets in your way of keeping in touch with your friends and family, connecting with your religious and cultural communities, practicing your faith, staying true to your cultural values and beliefs, or getting together with people who matter to you?
Interference with Social or Cultural Connections
•Has the other ever followed you, constantly checked up on you, opened your mail, examined your phone records, hacked into your email, grilled you or timed your activities, used others to spy on you, invaded your space or privacy, misused social network sites, reported you to authorities without reason or cause?
This project is supported by Award 2015-TA-AX-K039 from the Office of Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions and recommendations
expressed herein are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice.
