Documenting Domestic Violence in Child Protection Case Records

by Child Welfare Information Gateway

(Page 10 of 10)

Documenting domestic violence in CPS cases can be helpful or harmful to victims and their children. Disclosing domestic violence can be a difficult process for victims and their children. Feelings of shame, guilt, and fear are connected with their reluctance to reveal the violence in their lives. CPS caseworkers can demonstrate their sensitivity to domestic violence issues by safeguarding information that can compromise victims' and their children's safety and by engaging in documentation practices that reflect competent case practice with families affected by domestic violence.

The goals of documenting domestic violence in cases are to minimize abuser-generated risks to victims and their children, avoid language that blames victims for the violence, and hold perpetrators accountable for their abusive behavior. More specifically, case records and forms should accurately identify the victim and perpetrator of domestic violence, document the effects of domestic violence on the abused partner and children, and delineate the specific domestic violence tactics that are posing a safety threat to family members. Skillful documentation of domestic abuse issues also can be a learning tool for those who have access to the case record. For example, case notes and court reports can educate family court judges and parent attorneys about the complexities of domestic violence dynamics, the challenges faced by victims of domestic violence, and the reasons victims of domestic violence may struggle with meeting certain conditions of a case plan.

Since documentation and disclosure can increase the threat of harm to victims and children, the following guidelines and examples can help CPS caseworkers reduce these risks when information must be shared:

Any information in the case record or public documents (e.g., court records) pertaining to a confidential address of the victims (e.g., shelter location or relocation to new housing) should be flagged and never shared with the abuser.

Disclosures made by the victim and children regarding their safety plan or their accounts of the violence should not be shared with the abuser.

When information must be shared in court proceedings, victims should be notified in advance of the court date so they may plan for their safety. In some States, the caseworker can ask for the information to be kept sealed or the victim can appoint an agent on his or her behalf.

In cases where disclosure of the domestic violence is made during court proceedings, the parents' attorneys may want to share privately with the judge the possible consequences of such disclosure and ask that it be kept sealed.

The safety of the victim and the children must be considered in the planning of case transfer. To protect the mother and children's confidentiality (e.g., new address), the case record should be flagged so that the transferring CPS caseworker will receive this information.

All documentation of domestic violence (case dictation, affidavits, court petitions, court reports) should be written in a manner that holds the abuser responsible and avoids blaming the victim.

Examples of inappropriate case documentation practices: "There is domestic violence between the parents."

This implies that domestic violence is "mutual" and consenting behavior and does not hold the abuser accountable for the violence. "The victim will notify the abuser's probation officer or police when she is assaulted."

This forces the victim to provide sanctions for the perpetrator's behavior and places the victim at risk for harm by the abuser. "The victim will prevent the children from witnessing domestic violence."

The victim cannot stop the violence. It is the perpetrator's responsibility to end the abusive behavior.

Examples of appropriate case documentation:

• "The perpetrator will not verbally, emotionally, psychologically, or physically abuse the victim or children."
• "The abuser will not use threatening or coercive tactics against the victim that compromise his or hers or the children's safety."
• "The offender will take responsibility for his or her coercive, threatening, and abusive behavior by participating in a perpetrator's intervention program and complying with all civil, criminal, and probation orders."

Case Closure

Case closure is a critical decision that involves a final and careful analysis of the harm posed by domestic violence. Some CPS caseworkers assume that if a victim leaves an abusive relationship or if the perpetrator is removed from the home, completes a perpetrator's intervention program, or stops physically assaultive behaviors, it is sufficient evidence to terminate a case. Since some perpetrators are very skilled at manipulative behavior to avoid detection and accountability, CPS caseworkers should be judicious in believing that victims and children are at lower risk for harm when perpetrators express remorse for their violent behaviors, are vehement in their claims that they will not engage in violent behavior, or have completed a perpetrator intervention program. The threat of harm may still be present for victims and children as some perpetrators are likely to revictimize them despite completion of a perpetrator intervention program.

In addition to conducting the final risk assessment for case closure, other criteria that CPS caseworkers should consider in determining whether the victim's and children's safety has been reasonably, if not absolutely, assured include the following:

• The victim and children, when interviewed separately, report feeling safer.
• The victim has knowledge of and access to relevant support services, information, and safety options.
• The victim and the abuser understand the effects of domestic violence on their children.
• The victim of domestic violence has a primary connection to a community service provider who will have ongoing contact with him or her and the children.
• The children and victim have safety plans. The protective parent also can demonstrate what they will do should domestic violence resume. Role playing exercises may be helpful in familiarizing the victims with this process.
• Service providers are in agreement with CPS assessments that the threat of harm has been lowered for the victim and children.
• Domestic violence intervention programs, criminal and civil courts, probation and parole, and other community service providers will continue to monitor and respond with immediate sanctions to any new violent behavior by the abuser.
• New child maltreatment reports have not been filed.
• The perpetrator has access to intervention programs and support services.

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.