Domestic Violence : Child Protection Practices

by Child Welfare Information Gateway

The primary mission of child protective services (CPS) is to preserve the safety, permanency, and well-being of abused and neglected children. In CPS cases involving domestic violence, there is an increased concern that abuse suffered by victims can seriously compromise the safety of their children. Families who are affected by both child maltreatment and domestic abuse have multiple needs that compel child protection and domestic violence programs to examine and refine their policies and practices. CPS efforts with families experiencing both forms of violence face added challenges because there are child and adult victims in the same family. Adult victims confront the challenge of ensuring their children's safety when they are often struggling to ensure their own protection from the abuser. Many CPS caseworkers feel frustrated or overwhelmed by the chronic nature of domestic violence, which may be further intensified by co-occurring issues such as substance abuse or mental illness. A solid philosophical framework that guides child protection practice can help caseworkers focus their assessment and intervention practices with families in which domestic violence occurs.

This chapter begins with broad-based guiding principles and desired outcomes for CPS cases that involve domestic violence. It continues with more specific guidelines and considerations for CPS practices - from the initial screening and family assessment through safety planning, case planning, and, finally, case closure.

Guiding Principles and Desired Outcomes

The following guiding principles can serve as a foundation for child protection practice with families when domestic violence has been confirmed.

The safety of abused children often is linked to the safety of the adult victims. By helping victims of domestic violence secure protection, the well-being of the children also is enhanced.

Perpetrators of domestic violence who abuse their partner also emotionally or psychologically harm their children, even if the children are not physically or sexually harmed. Identifying and assessing domestic violence at all stages of the child protection process is critical in reducing risks to children. It is important to understand potential effects of domestic violence to children beyond those that are physical in nature.

If the family's circumstances are clear and it is appropriate, every effort should be made to keep the children in the care of the nonoffending parent. Supportive, noncoercive, and empowering interventions that promote the safety of victims and their children should be incorporated in child protection efforts.

Once domestic violence has been substantiated, the perpetrators must be held solely responsible for the violence while receiving interventions that address their abusive behaviors. CPS must collaborate with domestic violence programs and other community service providers to establish a system that holds abusers accountable for their actions.

Practice Guidelines for Initial Screening

Early identification of domestic violence is the first step in achieving positive and safe outcomes for adult and child victims. Identifying it at the initial screening can help CPS caseworkers conduct thorough assessments and create effective case plans. In cases where domestic violence exists but has not been identified, CPS caseworkers may find they are focusing their efforts on other presenting issues, such as substance abuse, that are often exacerbated by undisclosed domestic violence. Failure to address domestic violence in child protection cases can compromise the safety of victims and children. Additionally, caseworkers should keep in mind the "stages of change" to better assess the readiness for change in both the victim and perpetrator. The generally chronic nature of domestic violence can lead to lengthy agency involvement, foster care placements, and termination of parental rights.

Screening Questions

Assessment for domestic violence should occur on every child abuse and neglect report received by the agency. Initial screening questions typically include:

• Is any adult in the home being assaulted or hurt by his or her partner?
• Have the police ever been to the home to respond to assaults against adults or children?
• Have the children said that one of their caretakers is a victim of violence or is acting violently in the home?
• Have weapons been used to threaten or harm a family member? If so, what kind of weapon and is it still in the home?

If the reporter confirms the presence of domestic violence, the initial screener should continue with additional questions to determine the nature and severity of the abuse and the risks posed to the children. Examples of supplementary questions include:

• Have the children intervened or been physically harmed during a violent assault?
• Is the perpetrator physically or sexually abusing the children?
• How is the violence affecting the children?
• Has the abuser made threats of homicide or suicide?
• Does the abuser have access to dangerous weapons or firearms?
• Is the nonoffending parent able to protect the child? If so, how?

Initial screeners also should ask if the reporter is aware of efforts by the alleged victim to protect the children. Systematically collecting initial information regarding domestic violence will allow the screener to make a competent and informed decision as to whether the report should proceed for further assessment.

Accepting a Report for Ongoing Assessment

Not every child maltreatment report involving domestic violence needs to be accepted for formal investigation. Child abuse or neglect allegations that do not indicate a threat of harm or serious risk to the children or victim should be referred to external community agencies for specialized domestic violence services. Child maltreatment reports that reveal safety threats to victims and children will require further investigation.

CPS agencies should develop policies that specify the criteria for when a report involving domestic violence is accepted for ongoing assessment. The variations in State and local child welfare statutes, policies, and practices will result in different standards for when child exposure to domestic violence warrants CPS involvement. In general, the following criteria can be used when considering accepting a report for investigation:

• A caretaker is physically or sexually abusing the child.
• The child has physically intervened in an incident of domestic violence.
• The child has been physically injured because of intervening in or being present during a violent incident.
• The child exhibits emotional, psychological, or physical effects due to the domestic violence.
• The abuser has made threats of homicide or suicide and has access to weapons or firearms.
• There exists serious, recurring domestic violence or domestic violence in combination with other significant risk factors (e.g., substance abuse).

The Domestic Violence Enhanced Response Team of Colorado

CPS frequently works with local law enforcement in dealing with severe cases of child maltreatment or where there may be instances of domestic violence. In some States, those reporting child abuse and neglect are directed to call the police hotline for the initial report. As law enforcement becomes more involved with these cases, many of the same issues regarding the safety of the children and victims apply. The Domestic Violence Enhanced Response Team (DVERT) of Colorado Springs, Colorado, demonstrates how one community is approaching these issues. Established in 1996, DVERT is a multidisciplinary program that addresses serious domestic violence cases. Its mission is to ensure appropriate containment of high-risk, violent offenders and facilitate local community policing efforts. DVERT partners with approximately 36 agencies, which include law enforcement, prosecutors' offices, social service agencies, and animal abuse programs. The program emerged from the Minneapolis project, a National Institute of Justice (NIJ)-funded study researching the impact of law enforcement arrests in domestic violence cases. Serious or high-risk domestic violence cases are referred to DVERT, and the DVERT team meets to determine whether a case warrants the full use of the team's resources. If so, DVERT directs every aspects of the case, including investigation, intervention, and advocacy services, by collaborating with partnering agencies.

About the Author

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Formerly the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse, Child Welfare Information Gateway provides access to information and resources to help protect children and strengthen families. A service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.