Domestic Violence : Removal of Children, Case Planning

by Child Welfare Information Gateway

(Page 8 of 10)

Removal of Children

In cases involving domestic violence, the removal of the child from the home is usually unnecessary. While children's safety is the primary and mandated responsibility of CPS caseworkers, removal of children should only be contemplated when all other means of safety have been considered and offered; when the children are at imminent risk; or the victim is unable to protect the children or accept services. Unfortunately, obstacles in deterring the abuser's violent behavior have led some CPS agencies to believe that protective custody is the only viable method to ensure children's safety. As a result, children are removed from victims who, in addition to their abuse, suffer the agonizing loss of their children. If removing the children from the home is considered a possibility and the victim is not willing or able to leave the abusive relationship, CPS caseworkers should discuss their concerns and ask the victim to provide options for the children's safety. CPS caseworkers also should seek the guidance of their supervisor and service providers to ensure that they have explored every possible opportunity to keep children safely with the nonoffending parent. Additionally, caseworkers should consult with the offender's intervention services provider as well as his or her probation or parole officer, where applicable, in order to hold the offender responsible and maintain some legal leverage. As in every CPS case, out-of-home placement should be the last option and CPS caseworkers should work with the adult victim to develop safe alternatives.

Courts are beginning to address this issue. In a 2001 Federal lawsuit, Nicholson v. Scoppetta, a judge issued an injunction ruling that New York City's Administration for Children's Services (ACS) was violating the constitutional rights of mothers and their children by removing children from their homes simply because their parents are victims of domestic violence. It ordered ACS to stop its policy of separating adult victims from their children and to adopt new policies and practices to improve the agency's response to families experiencing domestic violence. Although the ruling was being appealed at the time of publication, it will have tremendous implications for practice in the future. (At the time of publication, the case remains in the appeals process.)

Case Planning for Cases Involving Domestic Violence

The primary goal of case planning with victims and their children is to promote enhanced protection and safety and to hold perpetrators accountable for their abusive behaviors. CPS intervention with families experiencing domestic violence requires ongoing risk assessment and safety planning to ensure that service recommendations are practical, viable, and achievable. CPS caseworkers can help accomplish this by consulting service providers and incorporating their expertise in case plan recommendations.

Additionally, caseworkers can involve an adult victim in case planning efforts by validating experiences, identifying strengths, and building on those strengths to help him or her regain control over his or her life and achieve safety. In doing so, CPS caseworkers avoid victim's perceptions that they are forced into receiving services. Often, when caseworkers prescribe a set of case plan activities without the victim's input, this may mirror the abuser's behavior in that it dictates control over choices. Further, case planning efforts with victims of domestic violence need to be culturally sensitive, supportive, and creative. CPS caseworkers can empower victims by allowing them to make informed decisions regarding safe alternatives and services that will enhance their children's safety.

This section presents case planning activities in cases involving domestic violence, discusses specialized issues related to family team conferencing and assessing community resources and cultural factors, and underscores the importance of careful documentation of domestic violence in CPS case records.

Case Planning for Victims, Children, and Perpetrators of Domestic Violence

Two separate case plans are recommended in CPS cases involving domestic violence. Writing separate case plans for the victim and the perpetrator achieves two goals: (1) they enhance the victim's and children's safety, and (2) they hold abusers accountable for their abusive behaviors. A separate case plan for abusers enhances CPS efforts by focusing on the perpetrator's abusive behaviors and the interventions required to address them.

Certain recommendations may be threatening to perpetrators and can create additional risk to adult and child victims. For safety measures, individual case plans should be developed when service recommendations are as follows:

• The victim plans to leave the home and is coordinating with service providers or other support systems (e.g., church, family members, and friends).
• The victim plans to obtain a restraining order against the abuser.
• The victim plans to call the police as a safety option.
• The victim plans to contact the probation or parole officer regarding violations of the abuser's probation or parole terms.

The victim and children's service plans do not need to be shared with the abuser. CPS caseworkers can seek the victim's guidance on service recommendations to include in the perpetrator's case plan.

Case planning activities are strengthened through collaboration with domestic violence advocacy programs. Service providers can provide consultation on the feasibility of recommended services, educate victims on available or appropriate services, and assist caseworkers with creative ways to engage and help victims and their children. Collaborating with other community service providers (e.g., substance abuse, mental health, economic, and housing services), law enforcement, and the courts also can enhance CPS efforts. These multiple issues, in addition to domestic abuse, will necessitate working with other service providers to help alleviate family conditions that affect children's safety. Caseworkers should assist victims, either directly or by collaborating with others, in the court proceedings processes. Additional information on working with the courts is available in other User Manual Series publications at http://www.childwelfare.gov/pubs/usermanual.cfm.

For families experiencing domestic violence, case planning services should include:

For victims

• Safety planning with child protection and service providers;
• Individual or group counseling with a domestic violence program;
• Specialized assessment services or crisis counseling with a victim's advocate;
• Legal advocacy, housing, medical, economic and daycare services;
• Shelter or transitional living services;
• Visitation or supervised exchange services;
• A review of domestic violence information regarding the dynamics of domestic violence, victim resources, and its effects on the children;
• Mental health or substance abuse referrals, if applicable.

For children

• Safety planning with the CPS caseworker, battered parent, or domestic violence service provider;
• Safety skills development;
• Specialized individual or group counseling for children exposed to domestic violence;
• Mentoring and after-school program referrals;
• Daycare or Head Start referrals;
• Safe visitation and exchange services;
• Community-based enrichment programs.

For perpetrators

• Safety planning with the CPS caseworker or victims of domestic violence advocate;
• Abuser intervention program referrals;
• Safe visitation and supervised exchange services;
• Compliance with probation or parole, restraining orders, and custody orders;
• Parenting programs that include a focus on domestic violence issues;
• Substance abuse and mental health referrals, if applicable;
• Fatherhood programs when appropriate.

In the initial stages of case planning, activities that are not recommended until further risk assessment include:

• Couples or family counseling;
• Court or divorce mediation;
• Visitation arrangements that endanger the victim and children or are in conflict with a restraining or custody order;
• Anger management classes.

Participation in these types of services can increase risks to victims and their children. Couples counseling and divorce mediation is predicated on the assumption that partners who possess equal amounts of power can negotiate a resolution. In abusive relationships, however, there is an unequal balance of power between victims and perpetrators as well as a fear of physical violence or coercive attacks when the abuser feels challenged. Couples counseling or divorce mediation is acceptable only when the victim feels equally empowered and is not afraid that his or her participation will result in retaliation by the abuser. Anger management classes often are not appropriate because they do not focus on the overarching patterns of behavior common in abusive relationships. In addition, anger management classes are not effective in holding perpetrators accountable because it implies that they only have a problem with "managing" their anger.

About the Author

www.childwelfare.gov
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.