AcknowledgmentsIntroductionGenesis of the Advisory Committee's
RecommendationsSummary of the Advisory Committee's Conclusions and
RecommendationsChapter 1: Guiding FrameworkChapter 2: Foundation Principles And
RecommendationsChapter 3: Child Protection SystemChapter 4: Domestic Violence Services For
FamiliesChapter 5: CourtsOrdering InformationEffective Intervention in Domestic Violence & Child Maltreatment Cases: Guidelines for Policy and PracticeSusan Schechter
University of Iowa (http://www.uiowa.edu/)
Jeffrey L. Edleson
University of
Minnesota (http://www.umn.edu)
Publication Date:
June 1999Table of ContentsAcknowledgmentsIntroductionGenesis of the Advisory Committee's
RecommendationsSummary of the Advisory Committee's Conclusions and
RecommendationsChapter 1: Guiding FrameworkChapter 2: Foundation Principles And
RecommendationsChapter 3: Child Protection SystemChapter 4: Domestic Violence Services For
FamiliesChapter 5: CourtsOrdering Information
Acknowledgments
This is the Executive Summary of "Effective Intervention
in Domestic Violence & Child Maltreatment Cases:
Guidelines for Policy and Practice". Recommendations are from
the
National Council of
Juvenile and Family Court Judges Family Violence
Department (http://www.ncjfcj.org/)
.
National Council of Juvenile and Family
Court Judges
Family Violence Department
University of Nevada
P.O. Box 8970
Reno, NV 89507
775/784-6012
FAX 775/784-6628
Louis W. McHardy
Executive Director and Dean
National College of Juvenile and Family Law
Meredith Hofford
Director
Family Violence Department
With Major Contributions by:
Judge Leonard P. Edwards
, Santa Clara County Superior Court
Linda Spears
, Child Welfare League of America
Ann Rosewater
, U.S. Department of Health and Human Services
Elizabeth Ann Stoffel
, National Council of Juvenile and Family Court Judges
This project was supported by Grant No.
90-XA-00031-01, awarded by the U.S. Department of Health
and Human Services; Grant No. 90-CA-1627 and Grant No.
98-VF-GX-K002, awarded by the Office for Victims of Crime,
Office of Justice Programs, U.S. Department of Justice;
and the David and Lucile Packard Foundation and the
Johnson Foundation. Points of view or opinions in this
document are those of the authors and do not necessarily
represent the official position or policies of the
funders.
Introduction
Although two decades of research have confirmed that
adults and children often are victimized in the same family,
little was made of this finding until recently. For years, in
fact, most communities have treated the abuse of a woman and
the maltreatment of a child in the same family as separate
phenomena having little to do with each other.
Now, however, communities are asked to confront a new and
compelling set of facts: (1) adult domestic violence and
child maltreatment often occur together and (2) new responses
are required of
everyone
, if violence within families is to stop.
To date, community institutions and families have been
offered few resources and tools to resolve the complex issues
raised by overlapping domestic violence and child
maltreatment in a family. The task of
Effective Intervention in Domestic Violence & Child
Maltreatment Cases: Guidelines for Policy and Practice
(
Effective Intervention)
is to offer a more comprehensive set of responses to
eliminate or decrease the enormous risks that individual
battered mothers, caseworkers, and judges must take on behalf
of children.
As communities work to improve their responses to families
experiencing domestic violence and child maltreatment,
Effective Intervention
offers a framework for developing interventions and measuring
progress. Leaders of communities and institutions should use
the principles and recommendations in this book as a
context-setting tool to develop public policy aimed at
keeping families safe and stable.
Genesis of the Advisory Committee's
Recommendations
To gain the perspectives of different social and legal
systems, the National Council of Juvenile and Family Court
Judges convened an Advisory Committee of diverse
professionals from the courts, child welfare and domestic
violence services, federal agencies, and the academic
community. Over a series of three meetings, spanning a period
of seven months, the Advisory Committee met to discuss draft
recommendations developed by the authors, Susan Schechter and
Jeffrey L. Edleson. These deliberations guided and informed
the authors in the development of the principles and
recommendations summarized below.
Summary of the Advisory Committee's Conclusions and
Recommendations
Effective Intervention
focuses on three primary systems: the child protection
system, the network of community-based domestic violence
programs, and the juvenile or other trial courts which have
jurisdiction over child maltreatment cases. Many other
systems-including law enforcement, child welfare, faith
institutions, schools, health care systems, extended
families, and community-based agencies-contribute in
important ways to the solutions outlined below, and many of
the recommendations in
Effective Intervention
are relevant to these systems as well.
Chapter 1: Guiding Framework
Community leaders should join together to establish
responses to domestic violence and child maltreatment that
provide meaningful help, supports, and services for
families. Simultaneously, communities should hold violent
perpetrators responsible for their behavior and provide
legal interventions and services to stop this violence.
This first principle is an overriding one from which flow
most other principles and recommendations in the book.
Three core values
. To implement this guiding principle, interventions
should be designed to create safety, enhance well-being,
and provide stability for children and families.
Children in the care of their non-offending
parents
. To ensure stability and permanency, children should
remain in the care of their non-offending parent (or
parents), whenever possible. Making adult victims safer
and stopping batterers' assaults are two important ways to
do this.
Community service system with many points of
entry
. To provide safety and stability for families, a
community service system with many points of entry should
be created. This service system should be characterized by
the provision of services in appropriate settings as soon
as problems are identified; services providers trained to
respond meaningfully and respectfully; services designed
to minimize the need for victims to respond to multiple
and changing service providers; and adequate resources to
allow service providers to meet family needs and avoid
out-of-home placements.
Differential response.
Community leaders should design interventions and
responses that are appropriate to the diverse range of
families experiencing domestic violence and child
maltreatment. Families with less serious cases of child
maltreatment and domestic violence should be able to gain
access to help without the initiation of a child
protection investigation or the substantiation of a
finding of maltreatment. Because domestic violence
encompasses a wide range of behaviors-from the extremely
dangerous to the less serious-families require a range of
interventions, some of them voluntary and some
mandated.
Chapter 2: Foundation Principles And
Recommendations
Collaboration for the safety, well-being, and
stability of children and families
. Every community should have a mechanism to close gaps in
services, coordinate multiple interventions, and develop
interagency agreements and protocols for providing basic
services to families. Existing coordination efforts should
be expanded to include active involvement of domestic
violence advocates, child protection workers, and
community residents.
Expansion and reallocation of resources to create
safety, well-being, and stability.
The services recommended in
Effective Intervention
require the expenditure of significant additional
resources. Some of these services include placing battered
women's advocacy and support services within courts and
child protection services, locating family support
services in domestic violence agencies, and providing
services for every victim of domestic violence and child
maltreatment who needs or requests them.
Respect and dignity for all people coming before
agencies and courts
. Agency leaders should make an ongoing commitment to
fact-finding in order to determine whether children and
families of diverse backgrounds are served fairly and
capably by their agencies. Agencies and juvenile courts
should develop meaningful collaborative relationships with
diverse communities in an effort to develop effective
interventions in those communities.
Commitment to building internal capacity to
respond effectively to families experiencing domestic
violence and child maltreatment.
Every community should cross-train its service providers
on identification, assessment, referral, and safety
interventions. Agencies and courts should build staff
capacity to attend more competently to clients from
diverse communities and income levels.
Fact-finding and confidentiality.
Agencies and courts should develop memos delineating the
mandates of each system, their confidentiality
requirements, and agreements for sharing information.
Child protection services and the juvenile courts should
support the principle and policy goal of privileged
communication protections for battered women.
Development of information gathering and
evaluation systems to determine the intended and
unintended outcomes of collaborative efforts.
Policy makers and program developers should support
evaluation and research studies that directly inform
policy and program decision-making.
Chapter 3: Child Protection System
Leadership in developing new services and publicly
articulating the need for additional resources to promote
family safety.
Child protection services and community-based child
welfare agencies should collaborate with others to assess
the availability of resources in the community, develop
new responses, and monitor the effectiveness of community
programs.
Improvement in capacity to promote safety for all
family members
. Child protection services should develop screening and
assessment procedures, information systems, case
monitoring protocols, and staff training to identify and
respond to domestic violence and promote family
safety.
Development of service plans and referrals that
focus on the safety, stability, and well-being of victims
and hold domestic violence perpetrators
accountable.
Agency policy should state clearly when children can
remain safely with non-abusing parents; the assessment
required to determine safety; and the safety planning,
services, support, and monitoring that will be required in
these cases. Child protection services should develop
separate service plans for victims and perpetrators, and
assess thoroughly the possible harm to a child resulting
from being maltreated or witnessing domestic violence and
develop service plans to address this harm. Child
protection services should avoid, or use with great care,
disfavored practices that are enumerated in the book.
Community treatment programs
. Community agencies providing services to families in the
child protection services caseload should screen every
family member privately and confidentially for domestic
violence and provide help to them, including safety
planning and meeting basic human needs. By policy, they
should allow workers adequate time to assist domestic
violence victims.
Chapter 4: Domestic Violence Services For
Families
Leadership to promote collaborations and develop
new resources for adult and child safety and
well-being.
Domestic violence programs should collaborate with others
to develop new joint service models for families, develop
joint protocols to remove interagency policy and practice
barriers and enhance family safety and well-being, and
improve access to services. Domestic violence
organizations should develop a community dialogue about
the prevention of family violence, and provide leadership
to inform policymakers and funders about the economic,
legal, emotional, and social supports that battered women
and their children need to be safe and secure.
Development of internal capacity to respond to the
safety and support needs of families.
Domestic violence organizations should create supportive
interventions for battered women who maltreat their
children, and provide child-friendly environments for the
families they serve. All domestic violence organizations,
especially shelters and safe homes, should have
well-trained, full-time children's advocates on staff to
provide services or develop referral linkages. They also
should consider the needs of battered women with boys over
the age of 12 who are often turned away and families with
substance abuse and other mental health problems, as well
as ways to provide community-based services to women who
are referred to them voluntarily and involuntarily by
child protection services and the juvenile court.
Programs for perpetrators of domestic
violence
. Interventions with perpetrators of domestic violence
should be part of larger, coordinated networks of criminal
justice responses and community services, address the
safety and well-being of both child and adult victims, and
hold perpetrators accountable for stopping violent and
threatening behavior.
Chapter 5: Courts
Full participation in national and local efforts
to improve juvenile courts
. Juvenile courts must have sufficient judicial and staff
resources to allow appropriate time and attention for each
case, treat each case with the highest priority, adopt
recognized best practices in administering the juvenile
court, and collaborate with other courts that may be
dealing with family members and others involved in the
case, including criminal court, civil court, and domestic
relations and family court.
Leadership to ensure that the goals of the
juvenile court law are realized.
The juvenile court should take a leadership role to ensure
cooperation among all parts of the juvenile court system,
identify needed resources to serve families experiencing
domestic violence, and develop strategies to obtain these
resources. Judges should collaborate with others to
determine what resources must be made available in the
community. They also should have specific powers to enable
them to ensure family safety and should use their judicial
powers to see that adequate efforts to ensure safety for
child and adult victims are provided. Where there is
domestic violence in a child protection case, judges
should make orders which keep the child and parent victim
safe, keep the non-abusive parent and child together
whenever possible, hold the perpetrator accountable,
identify the service needs of all family members, and
create clear, detailed visitation guidelines which focus
upon safe exchanges and safe environments for visits.
Best practices for the management of cases
involving child maltreatment and domestic
violence.
Petitioners in child protection proceedings should allege
in petitions or pleadings any domestic violence which has
caused harm to a child. The juvenile court should
prioritize removing any abuser before removing a child
from a battered mother, and work with child welfare and
social service agencies to ensure that separate service
plans for the perpetrator and the victim of domestic
violence are developed.
Ordering Information
To order a copy of Effective Intervention in Domestic
Violence and Child Maltreatment Cases: Guidelines for Policy
and Practice call the National Council of Juvenile and Family
Court Judges' Resource Center on Domestic Violence: Child
Protection and Custody at 800/527-3223.
This document was not developed by Violence Against Women Online
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(http://www.ojp.usdoj.gov/vawo/) and Minnesota Center Against
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