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

Are Children in Need of Protection As a Result of Exposure to Domestic Violence?

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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How Should Child Protection Assess For Change In the Man?

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)

HOW DO WE ASSESS FOR LETHALITY RISK?

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.....

What Child Protection Can Do When the Risk is Too High?

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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And what about the situations where child

protection exits early on

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…

Getting Involved with Parents Who Are In Dispute About Custody and Access Is Difficult

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

Promising Practices….

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

And The KeyCollaboration, Collaboration, Collaboration, Collaboration