Domestic Violence : Safety Planning

by Child Welfare Information Gateway

(Page 7 of 10)

Safety Planning with Adult and Child Victims

Safety planning is an individualized plan developed to reduce the immediate and long-term risks faced by the victim and their children. Ideally, safety planning should begin at assessment and continue through case closure. The plan includes strategies that reduce the risk of physical violence and harm by the perpetrator and enhance the protection of the victim and the children. It also contains strategies that address other barriers to safety such as income, housing, health care, child care, and education. Risk assessment and safety planning for domestic violence should be ongoing and should occur concurrently with risk assessment and safety planning for child maltreatment. The safety plans of victims of domestic violence will vary depending on whether they are separated from the abuser, thinking about leaving, or returning to or remaining in the relationship.

CPS caseworkers should involve the victim in developing safety plans. Otherwise, it is merely one more thing being done "to" the victim and is not really a service plan. Specific safety planning activities can include:

• Engaging the victim in a discussion about the options available to keep him or her and the children safe, including what has been tried before.
• Exploring the benefits and disadvantages of specific options, and creating individualized solutions for each family.
• Collecting and gathering important documents and various personal items that will be necessary for relocation of the victim and the children.
• Determining who to call, where to go, and what to do when a violent situation begins or is occurring.
• Developing a security plan that might involve changing or adding door and window locks, installing a security system, or having additional outside lighting.
• Informing friends, coworkers, school personnel, and neighbors of the situation and restraining orders that are in effect.
• Writing down a list of phone numbers of neighbors, friends, family, and community service providers that the victim can contact for safety, resources, and services. This requires CPS caseworkers to stay current about resources, contacts, and legal options.

Additionally, CPS caseworkers can help victims develop a safety plan with their children. This often depends on the child's age and circumstances - some children feel that developing a safety plan helps them feel safer and can provide life-saving strategies, while others need to know that their parents can protect them. CPS caseworkers also should review and practice the safety plan steps with the children. Children's safety plans can include how to:

• Find a safe adult and ask for help whenever they experience violence. This may involve calling supportive family members, friends, or community agencies for help.
• Escape from the house if an assault is imminent or in progress. If they cannot escape, discuss where they can go to be safe in the house.
• Avoid being in the middle of the domestic violence.
• Find a place to go in an emergency and the steps to take to find safety.
• Call the police.

Safety plans are not intended to hold victims responsible for possible future abuse. Instead, these plans can help victims feel empowered and provide concrete steps to help avoid or positively respond to abusive actions. Incorporating domestic violence safety plans into service plans provides realistic and relevant actions for family members living with abuse. The safety plans of victims and children should not be shared with the perpetrator. This is especially true if the plan involves the victim leaving the abusive relationship. In fact, some victims will need to hide their safety plans to avoid potential harm by the abuser. In some cases, safety planning can be conducted with the abuser as a way to hold him or her responsible and should include steps to take to stop the violence (e.g., honoring protection orders, leaving the house, time-outs, going to abuser intervention groups).

Case Decision

After completing the domestic violence assessment and safety planning with family members, CPS caseworkers are confronted with one of the most critical steps in the child protection process - the case decision. For domestic violence cases, unless the child has an actual injury or there is a specific allegation that meets the definition of abuse or neglect in that jurisdiction, CPS caseworkers are left with making subjective interpretations as to whether a child is at risk for imminent danger or harm. Unfortunately, this leads to inconsistent decision-making among CPS caseworkers or among jurisdictions.

Not all families experiencing domestic violence require child protective services, and some are best served through community-based services. Child exposure to domestic violence does not necessarily constitute child maltreatment, but it often can be a significant risk factor in determining child safety. Other elements such as the nature of the domestic violence, the impact on victims and children, their protective and risk factors, and the presence of other issues, such as substance abuse or mental illness, need to be considered in the final determination for ongoing child protective services. In situations where the abuser's violence poses a significant safety threat to children, difficult decisions regarding substantiation and whether children can remain safely in the home also require thoughtful deliberation. CPS intervention may be required in the following domestic violence situations:

• The batterer or adult victim is physically or sexually abusing the child;
• The child is physically harmed as a result of intervening in a violent incident;
• The batterer's abusive behavior includes frequent use of weapons or threats of homicide/suicide towards the adult victim or children.

Substantiation and "Failure to Protect"

Whether to substantiate child maltreatment in cases involving exposure to domestic violence varies from State to State and across jurisdictions, according to established statutes. In some jurisdictions, a common child protection practice is to substantiate "neglect" against victims of domestic violence for "failure to protect" even when they have not maltreated their children. "Failure to protect" is a widely used phrase in legal and child welfare literature but is not found in all child maltreatment statutes. "Failure to protect" allegations imply that victims are neglectful because their actions or inactions in response to the domestic violence place their children at risk for harm. This has raised concerns among domestic violence service advocates who view this procedure as punitive, inaccurate, and harmful to victims and their children. Service providers have accused CPS of "revictimizing" victims of domestic violence by punishing them for the abuser's violent behavior. "Failure to protect" allegations focus on the victim and not on the actual perpetrator who is jeopardizing the children's safety. It also discounts the victim's protective strategies and efforts to secure protection for their children. Unfortunately, this practice prevents many victims of domestic violence from seeking help because they are terrified of losing their children and being labeled a "neglectful" parent.

Some victims of domestic violence do neglect or physically abuse their children, place their children in dangerous situations, or are so affected by their abuse that they are unable to adequately protect or care for their children. In these situations, victims should be substantiated for maltreatment. CPS caseworkers should make diligent efforts to help victims protect their children before coercive measures, such as substantiation or protective custody, are considered. Caseworkers need to consult with their supervisors and service providers before making a final decision. In circumstances where CPS does not have legal jurisdiction over the abuser, caseworkers should make every effort to hold the perpetrator accountable by working with other court and service systems that can impose sanctions and consequences for the behavior. "Failure to protect" is a complex issue that varies from case to case. Not all of the outcomes are negative - there are instances where a "failure to protect" finding can help the victim obtain assistance from the courts. Court-ordered case plans can include provisions that require victims to obtain domestic violence services. In some cases, adult victims may not seek domestic violence services without a court-ordered mandate or the threat of losing custody of their children if they are noncompliant.

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.