The Nexus between Domestic
Violence and Child
Maltreatment
Randy H. Magen, Ph.D.
School of Social Work
University of Alaska Anchorage
Handouts
• PowerPoint Slides
• List of References
• On Display (please don’t remove)
– Child Protection in Families Experiencing
Domestic Violence by the Children’s Bureau
– Nicholson v. Williams opinion
– Effective Intervention in Women Battering & Child
Maltreatment Cases by the National Council of
Juvenile & Family Court Judges
The overlap between
woman abuse and child
maltreatment
•The majority of the studies indicate that in
30% to 60% of families where one form of
abuse is occurring you will find the other form
of abuse
See: Edleson 1999
Recent Study by Kohl et al.
DV Reported by Caregiver
DV
Identified
by CPS
Worker
YES
NO
totals
YES
8%
4%
12%
NO
23%
65%
78%
totals
31%
69%
Recent Study by Kohl et al.
False
Positive
DV Reported by Caregiver
DV
Identified
by CPS
Worker
YES
NO
totals
YES
8%
4%
12%
NO
23%
65%
78%
totals
31%
69%
False
Negative
Different Histories & Services
While child protective service workers and
battered women’s advocates both, “...share an
interest in stopping the violence, their
perspectives and approaches are frequently in
conflict.”
Source: Cummings and Mooney (1988)
What is holding us back from
doing better?
•
•
•
•
Different History
Different Ideology
Different Services
Mistaken Beliefs
Different History
Child Maltreatment
•“Rediscovered’ in 1962 with
The battered child syndrome
by Kemp
Domestic Violence
Different History
Child Maltreatment
Domestic Violence
•“Rediscovered’ in 1962 with
The battered child syndrome
by Kemp
•Battered Wives by
Del Martin in 1976
Different Ideology
Child Protective
Services
• Child or family centered
approach
Battered Women’s
Shelters
Different Ideology
Child Protective
Services
Battered Women’s
Shelters
• Child or family centered
approach
• Woman-centered
approach
Different Services
Child Protective
Services
Battered Women’s
Shelters
• Child or family centered
approach
• Woman-centered
approach
• Goal of working “in the best
interests of the child”
= Permanency
Different Services
Child Protective
Services
Battered Women’s
Shelters
• Child or family centered
approach
• Woman-centered
approach
• Goal of working “in the best
interests of the child”
= Permanency
• Goal of safety and
empowering women.
Myths We May Hold
• Violence begets violence or the
Intergenerational transmission of
violence.
– Research by Cathy Spats Widom
“early child abuse and neglect place one at
increased risk…a large portion of abused
or neglected children do not succumb.”
(Widom,1989, 164)
Are pregnant women at
greater risk of DV than nonpregnant women?
• Please choose one of the following
– Yes
– No
– Maybe/I don’t know
– I’m afraid to answer
Are pregnant women at
greater risk of DV than nonpregnant women?
• Review of the literature by Jasinski (2004)
“Research using national probability
samples…have consistently reported no
difference in risk due to pregnancy.” (p. 52)
“these studies, although finding no increased risk
for victimization, also have not found a decreased
risk.” (p. 52)
Effects of Witnessing
• Children between ages of 8 and 12 are
more likely to be affected
• Both boys and girls are affected
• A child may act more aggressively, more
vigorously or more impulsively
• Boys are more likely to be aggressive
– High exposure increases the degree to which
boys engage in serious violence
Effects of Witnessing
• Externalized problems
– Conduct disorder, delinquency, antisocial
behavior, aggression
• Internalized problems
– Depression, anxiety, withdrawal
Effects of Witnessing
• Acting out behaviors
• High levels of stress
• Depression
Effects of Witnessing
• Children between ages of 8 and 12 are
more likely to be affected
• Both boys and girls are affected
• A child may act more aggressively, more
vigorously or more impulsively
• Boys are more likely to be aggressive
– High exposure increases the degree to which
boys engage in serious violence
From: Liebert, Sprafkin & Davidson (1981) The Early Window
Effects of Witnessing
• Externalized problems
– Conduct disorder, delinquency, antisocial
behavior, aggress
• Internalized problems
– Depression, anxiety, withdrawal
•From: Emery (1994)
Effects of Witnessing
• Acting out behaviors
• High levels of stress
• Depression
•From: Garbarino (1992)
What does “Witnessing
Domestic Violence” mean?
•
•
•
•
Directly involved in the violence?
Within visual range of the violence?
Hearing the violence?
Observing the aftermath of the
violence?
Witnessing Domestic Violence
“Well, I don’t know how it started or anything,
but he began hitting me. The kids were
outside. He told them to stay out. I
remember he was pulling my hair and he
was hitting me with his fist and he had hit
me on the mouth and my lip was
bleeding…” (p.5)
“He shouted at the children, but he didn’t beat
them” (p.121)
•From: McNulty (1980). The Burning Bed
Impact of Domestic Violence on
Children
Effects seem to be affected by:
• Frequency and severity of abuse
• Exposure to and involvement in the violence
• Developmental stage of child (age)
• Gender of child
• Time
Effects of Witnessing Domestic
Violence
• No cause-effect relationship
• Some children develop active coping
strategies
• Some children are resilient and
buffered from the effects
See for example Child Protection in Families Experiencing
Domestic Violence pg. 11-12; Kolbo, 1996
Resiliency Most Likely When:
• When abuse is isolated from other
sources of adversity
• When emotional support is available
from another important adult in child’s
life
(Shonkoff & Phillips, 2000, 255)
The importance of a primary
caregiver
“Who fills this role is far less important
than the quality of the relationship…A
child may not care who cuts his hair or
takes his money at the toy store, but he
cares a great deal about who is holding
her when she is unsure, comforts her
when she is hurt, and shares special
moments in her life.”
(Shonkoff & Phillips, 2000, 266).
OCS Practice
• Safety Appraisal Form
– The immediate evaluation of present danger
– Done in all investigations on the same day as the
first face-to-face contact
• Has one question about domestic violence
– #10 “Domestic violence exists in the home and
poses a risk of serious physical and/or emotional
harm.”
OCS Practice
Safety Appraisal Form definitions:
1. Child previously injured in domestic violence
incident
2. Child exhibits severe anxiety (e.g. nightmares,
insomnia) related to situations associated with
domestic violence
3. Child cries, cowers, cringes, trembles, or
otherwise exhibits fear and domestic violence
exists in the home
4. Child is at potential risk of physical injury
5. Child’s behavior increases risk of injury (e.g. …)
6. The is use of guns, knives or other instruments…
7. Evidence of property damage resulting from
domestic violence
OCS Practice
• Future Risk of Abuse/Neglect (FRAN)
– Question N7 and A8 cover “Problematic
Adult Relationships in the Household”
– History or or current domestic violence
receive a score of 2.
OCS Policy
2.2.6 “Screening for Domestic Violence”
“…in danger because of domestic violence or…the
child needs protection as a result of the presence
of domestic violence in the family…the worker shall
take appropriate steps…”
1. Prevent removal from non DV offender
2. Remove the offender
3. Protect child from being placed or having
unsupervised visits with offender.
Failure to Protect
“does the mother have an obligation to
take her child out of a situation that is
dangerous…the answer is not ‘yes’ or
‘no’ but ‘it depends.’” (p.287)
•From: Berliner, L. (1998). Battered women and abused children:
The question of responsibility. Journal of Interpersonal Violence, 13,
287-288.
Failure to Protect
• “Failure” implies circumstances that are
controllable
• Fathers are equally responsible
• Onus to control and predict the abuse is
placed on the battered women rather
than the perpetrator.
Separation Violence
• Separation is time when potential violence is high,
even if none existed before.
• Violence prior to separation likely to escalate.
• If power & control were central in nonviolent
relationship, violence may be used.
• Separation violence can be deadly.
See :Mahoney, M. R. (1991). Legal images of battered women:
Redefining the issue of separation. Michigan Law Review Association,
90 , 1-94.
Separation Violence
• NVAWS
– Women who live apart from husbands
report more violence than women who live
with husbands (20% vs. 5.4%)
– However, only stalking more likely to occur
after termination of relationship
Separation Violence
Female Physical Assault Victim s
Female Stalking Victims
18.20%
20.80%
4.20%
36.40%
77.60%
Before Relationship Ended
After Relationship Ended
Both Before and After Relationship Ended
From: National Violence Against Women Survey;
Tjaden & Thoennes (2000)
42.80%
Before Relationship Ended
After Relationship Ended
Both Before and After Relationship Ended
Failure to Protect
• Remedy of affirmative defense
“that at the time of the neglect there was a
reasonable apprehension in the mind of
the defendant that acting to stop or
prevent neglect would result in substantial
bodily harm to the defendant or the child
in retaliation. Minn. Stat. Ann., §§609.378 (West 1993)
Nicholson v. Williams
• New York City class action. Decision in March
2002 by Judge Weinstein
• Removals—based on the battering of the mother
rather than treatment of the children—treats the
mothers unequally from other parents who are not
abused.
• New York City should not have a CINA finding of
child neglect in regard to battered mothers solely
because of domestic violence
• New York City’s practices in cases involving
domestic violence harm children more than they
protect them from harm.
Best Practices:
1. Mothers should not be accused of neglect for
being victims of domestic violence.
2. Batterers should be held accountable.
3. Children should be protected by child welfare
agencies by offering battered mothers
appropriate services and protection.
4. Separating battered mothers and children should
be the alternative of last resort.
5. Child welfare employees should be adequately
trained to deal with domestic violence.
6. Agency policy should provide clear guidelines to
caseworkers.
Therapeutic Jurisprudence
“In many of today’s cases, the traditional approach
yields unsatisfying results. The battered wife
obtains a protection order, goes home and is
beaten again. Every legal right of the litigants is
protected, all procedures followed, yet we aren’t
making a dent in the underlying problem. Not
good for the parties involved. Not good for the
community. Not good for the courts
Judge Judith S. Kay, Chief Judge State of New York. Newsweek
October 11, 1999
What should you do?
• Is the assessment happening?
• Is OCS following best practices?
• Is Alaska’s law and its’ implementation
just?
Questions &
Comments?