The Basics of Domestic Violence, Part 3

by Child Welfare Information Gateway

(Page 3 of 9)

Society's recognition that domestic violence is no longer a private matter, but a widespread social problem, is evidenced in the establishment of approximately 2,000 shelters and domestic violence programs, legislation in every State identifying domestic violence as a criminal act, legal rights to civil protection orders, and Federal legislation that provides funding and national recognition regarding its seriousness. Exhibits 3-1 and 3-2 outline Federal legislation that addresses domestic violence and child maltreatment and provides a legal framework and guidance for providing services and intervention.

Exhibit 3-1 Federal Domestic Violence Legislation

Family Violence Prevention and Services Act of 1984 (P.L. 98-457)

The Family Violence Prevention and Services Act of 1984 (FVPSA) was Congress' first attempt to address domestic violence in the country. This legislation was intended to assist States with their efforts to increase public awareness about domestic violence and to provide Federal funding for domestic violence shelters and victim services. States and nonprofit organizations also were awarded grants to develop domestic violence and child maltreatment programs and to provide training and technical assistance for law enforcement officers and community service providers.

Violence Against Women Act (VAWA), Title IV of the Violent Crime Control and Law Enforcement Act (P.L. 103-322)

In 1994, Congress passed the Violence Against Women Act, which marked a turning point in Federal recognition of the extent and seriousness of domestic violence. This legislation demonstrated the Federal government's commitment to address domestic violence. There are four titles within the Act - the Safe Street Act, Safe Homes for Women, Civil Rights for Women and Equal Justice for Women in the Courts, and Protections for Battered Immigrant Women and Children - and each act addresses domestic violence, sexual assault, stalking, and protection against gender-motivated violence. The provisions of VAWA call for improving law enforcement and criminal justice responses, creating new criminal offenses and tougher penalties, mandating victim restitution, and requiring system reform geared towards protecting victims of domestic violence during prosecution of the perpetrator. VAWA also authorized support for increased prevention and education programs, victim services, domestic violence training of community professionals, and protections from deportation for battered immigrant women.

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) - Wellstone/Murray Amendment (P.L. 104-193)

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) replaced the Aid to Families with Dependent Children (AFDC) program with the Temporary Assistance to Needy Families program. The Wellstone/Murray Amendment of PRWORA includes a provision entitled the Family Violence Option, which addresses the safety and economic barriers faced by victims of domestic violence. Through this amendment, each State has the option to enact procedures that temporarily exempt identified victims of domestic violence from meeting certain time limit and other work requirements.

Exhibit 3-2 Federal Child Abuse and Neglect Legislation

The Child Abuse Prevention and Treatment Act (CAPTA) of 1974 (P.L. 93-247) was established to ensure that victimized children are identified and reported to appropriate authorities. The Act was most recently amended in 1996 (P.L. 104-235) and continues to provide minimum standards for definitions and reports of child maltreatment.

Family Preservation and Support Services Program enacted as part of the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) provides funding for prevention and support services for families at risk of maltreatment and family preservation services for families experiencing crises that might lead to out-of-home placement.

The Adoption and Safe Families Act (ASFA) of 1997 (P.L. 105-89) was built on earlier laws and reforms in the field to promote the safety, permanency, and well-being of maltreated children. A component of ASFA is the Promoting Safe and Stable Families (PSSF) Program, which was developed from and expanded upon the Family Preservation and Support Services Program mentioned above. While the legislation reaffirms the importance of making reasonable efforts to preserve and reunify families, it also specifies instances where reunification efforts do not have to be made (e.g., when a child is not safe with his or her family), establishes tighter time frames for termination of parental rights, and promotes adoption initiatives.

Promoting Safe and Stable Families Program Reauthorization of 2002 (P.L.107-133) continued to build upon ASFA by extending the PSSF Program for an additional 5 years and increasing discretionary funding. It also created several new programs including a new State grant program that provides education and training vouchers for youth aging out of foster care and a mentoring program for children with incarcerated parents.

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