Domestic Violence Training for Child Care Providers with notes Sept

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Strategies for Addressing
Domestic Violence
Objectives of Training
• Define Domestic Violence
• Establish the Dynamics of Domestic Violence
• Challenges of Escaping Domestic Violence
• Identify Effects of DV on Children
• Identify Reporting Requirements
• Establish Availability of Community Resources
KRS 403.720
• KRS 403.720 defines domestic violence as
. . . physical injury, serious physical injury,
sexual assault, or the infliction of fear of
imminent physical injury, serious physical
injury, sexual abuse, or assault.
Statistics
• 1 in 4 women will be a victim of domestic violence in
her lifetime
(DOJ, 2000).
• About 85% of the victims of domestic violence are
women
.
(Bureau of Justice Statistics Crime Data Brief, Intimate Partner Violence, 1993-2001, February 2003)
• An estimated 1.3 million women are victims of
physical assault by an intimate partner each year
•
(Costs of Intimate Partner Violence Against Women in the United States. 2003. Centers for Disease Control and Prevention, National
Centers for Injury Prevention and Control. Atlanta, GA).
Statistics, cont.
• Over 22 percent of women surveyed, compared to
7.4 percent of men, reported being physically
assaulted by a current or former partner in their
lifetime.
(Tjaden, P. & Thoennes, N. (2000, July). Extent, nature and consequences of intimate partner violence:
Findings from the National Violence Against Women Survey. (NCJ 181867). Washington, DC: National
Institute of Justice/Centers for Disease Control and Prevention. from
http://www.ncjrs.gov/pdffiles1/nij/181867.pdf).
What’s In It For Me?
Why do child care providers need to know
about Domestic Violence?
• It affects the children you work with.
• It affects the families you work with.
• It affects your co-workers
What’s In It for Me?
How will learning about Domestic Violence help
me do my job?
• Give you information on how and what to
report
• Help you to understand the children and
families that you work with each day.
• Help you to identify risk factors
The Dynamics of Domestic Violence
Domestic Violence is about
POWER AND CONTROL!
Dynamics of Domestic Violence
• Violence is learned through . . . .
–Observation
–Experience
–Reinforcement
Who Are Battered Women?
• any race, ethnicity, religion, education, socioeconomic group
• married, divorced, single
• heterosexual, bisexual, lesbian
• young or old
• may or may not have children
• may be economically dependent or may have
a good job and income
Who Are Battered Women?
• may or may not have seen violence in her
home as a child
• may be of any size or strength
• may be documented or undocumented
• could be forced into prostitution or sex work
• may or may not have mental or physical
disabilities
Who Are Battered Women?
• may be from a rural area, town, or big city
• may be passive or aggressive or assertive
• may be English speaking or LEP (Limited
English Proficiency)
• may have great self-esteem or low selfesteem
Who Are Battered Women?
• may be alcoholic, drug addicted,or sober
• may be isolated or may have an active
community life
There is no typical woman who will be
battered!
The best determinant of abuse is gender.
Characteristics of Abusers
Abusers may demonstrate some or none of the
following traits:
• Excessive jealousy and possessiveness
• Emotional dependency on the victim
• Poor impulse control, explosive temper, limited
frustration
Characteristics of Abusers
• Controlling partners thoughts, feelings and actions
• History of family violence
• Objectifies women seeing them as property or sex
objects
• Cruelty to animals
Characteristics of Abusers
• Demonstrates little remorse or guilt for actions
• Blames abuse on alcohol or drug use
• Minimizes and/or denies his violent behavior by
blaming outside forces of influences
• A Dr. Jekyll-Mr. Hyde personality
Domestic Violence is NOT caused by:
•
•
•
•
•
Genetics
Illness
Alcohol and drugs
Anger and stress
Behavior of the victim or problems in the
relationship
Domestic Violence is a choice and a crime
The #1 Question of DV
“Why does she stay?”
We are a judgmental society that judges
the victim more than the criminal.
Why Does She Stay?
Leaving a violent partner is
the most dangerous time of
the relationship.
Seperation
• The rate of attacks on women separated from their
husbands was 3x higher than that of divorced
women and 25x higher than that of married women.
• Over 75% of spouse on spouse assaults occur at
the point of separation
• The majority of homicide/suicide occur at separation
It is not as simple as leaving; it is about escaping
Barriers to Escaping
Losing Kids
• Threats to take custody of the children
• Threats to hurt the kids if she leaves
• Threats to take her children away from the US,
or report her children to Immigration
Love
• Good times with partner
• Partner promises to change
• People often want the violence to stop, not the
relationship to end
Barriers to Escaping
Financial Dependency
• Language barriers
• Lack of access to services
• Adequate wage
• Does not or cannot have a job
• May not have a social security number or
documentation
• Affordable daycare
Fear
• Threats of deportation
• Violence escalates over time
• Threats to withdraw her petition to legalize her
immigration status
Barriers to Escaping
Isolation
• Emotional, Physical and/or Geographic
separation from friends and family
• Service providers not providing qualified
interpreters
• No transportation
• Not allowed to learn English or have contact
with anyone who speaks her language
Guilt
• Duty to fix relationship
• Feels violence is her fault
Barriers to Escaping
Pressure
• Friends, family, religious institutions and
communities tell her to try to make it work
Shame
• Embarrassed to admit her partner abuses her
• Embarrassed that she stayed in the relationship
• Received a bad response from the community
Barriers to Escaping
Systemic Discrimination
• Discrimination within institutional systems
• Equal services are not provided to all survivors
• Survivors may be stereotyped and therefore
more vulnerable to abuse
Substance Abuse
• Her partner may be her dealer
• She may not be able to take her children with
her to treatment
• Her partner has threatened to report her to
police
Domestic Violence
Watch Domestic Violence
Video Clip
Children Exposed to
Domestic Violence
Statistics
• Approximately 3.3 to 10 million
children witness domestic violence
each year
(NAIC, 2005)
• Research indicates that children
exposed to domestic violence are at
an increased risk of being abused or
neglected
(NAIC, 2005)
Exposure to Domestic Violence
COGNITIVE EFFECTS
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•
•
•
•
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Attention deficits
Blunted intellectual development
Distorted belief systems
Predator-prey schema
Poor identity and boundary distinctions
Negative world view
Exposure to Domestic Violence
BEHAVIORAL EFFECTS
•
•
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•
•
•
•
•
Pecking order battering
Using violence as problem-solving techniques
Treat others like objects
Become overly passive
Over-eager to please adults
Isolation
Poor impulse control
Inability to form boundaries
Exposure to Domestic Violence
SOCIAL - EMOTIONAL EFFECTS
• High levels or constant anxiety-spends time
worrying about when the next outbreak of violence
will occur
• Fear- they are frightened that one parent may die or
be injured; constant state of panic
• Guilt- often blame themselves for the violence; they
feel responsible
Exposure to Domestic Violence
SOCIAL – EMOTIONAL EFFECTS
• Mixed feeling- may both love and hate both
of their parents
• Loss of control of emotions
• Depression- caused by the inability to stop
the abuse
• Issues with trust, poor self-esteem, or PTSD
Exposure to Domestic Violence
PHYSIOLOGICAL EFFECTS
•
•
•
•
•
•
•
Poor health
Failure to thrive, low birth weight
Higher susceptibility of infectious disease
Sleeping difficulties
Speech disorders
Headaches and other stress related ailments
Gastrointestinal disorders, skin diseases, visual
disturbances
• D.V. causes more birth defects than accidents and
illnesses combined
Exposure to Domestic Violence
PERSONALITIES OF CHILDREN WHO
WITNESS DOMESTIC VIOLENCE
• Parentified child: the child that takes on
parental roles in the household
• Overachiever: the child who uses perfection
as a means to cope with the violence
• Aggressor: easily angered, aggressive with
other children, non-compliant
Resiliency
The impact of domestic violence on
children depends on the resiliency
of the child, i.e., not all children
will show signs of
maladaptive adjustment.
Protective Factors
• Social competence
• Intelligence
• High self-esteem
Protective Factors
• Outgoing temperament
• Strong sibling and peer relationships
• Supportive relationship with an adult
Additional Factors
Impact on the child may vary based on . . . .
•The Nature of the Violence
– Children who witness frequent and severe forms
of the violence or fail to observe their caretakers
resolving conflict may undergo more distress
than children who witness fewer incidences of
physical violence and experience positive
interactions between their caregivers.
Additional Factors
• Coping strategies and skills
– Children with poor coping skills are more likely to
experience problems than children with strong coping
skills and supportive social networks
• Age of the child
– Younger children appear to exhibit higher levels of
emotional and psychological distress than older children
– The age-related differences might result from older
children’s more fully developed cognitive abilities to
understand the violence and select various coping
strategies to alleviate upsetting symptoms
Additional Factors
• Elapsed time since exposure
– Children often have heightened levels of anxiety and fear
immediately after a violent event
– Fewer effects are seen in children as more time passes
after the violent event
• Gender
– In general, boys exhibit more “externalized” behaviors
while girls exhibit more “internalized” behaviors
Additional Factors
• Presence of child physical or sexual abuse
– Children who witness domestic violence and are
physically abused are at risk for increased levels
of emotional and psychological maladjustment
than children who only witness violence and are
not abused.
Responding to Disclosure
• What do I say?
– “ I am so glad you told me about this, I know it is
a hard thing to talk about”
– “Please remember none of this was your fault”
– “I am going to do my very best I can to help you
(or help your mom)”
• What do I NOT say?
• “I promise not to tell anyone what you tell me”- you
will break that promise as a mandatory reporter
Responding to Disclosure
• Always keep in mind:
– Your body language
– Your facial expression
– The tone of your responses
• Any negative expressions and reactions in the
above areas can impact how the person (or child)
will read your response and react in terms of
sharing further information with other individuals
and/or in accessing assistance.
Community Resources
Kentucky Domestic Violence Association
111 Darby Shire Circle
Frankfort, KY 40601
(502) 209-KDVA (5382)
www.kdva.org
Community Resources
• KDVA has 15 domestic violence programs
throughout the state that provide services
such as:
– Legal/Court Advocacy
– Case Management
– Safety Planning
– Support Groups & Counseling
– Housing Assistance
– Job Search Assistance
Local Community Resources
Merryman House
Reporting Domestic
Violence
Important Acronyms
• CHFS – Cabinet for Health and Family
Services
• DCBS – Department for Community
Based Services
Felony vs. Misdemeanor
• Felony – A crime carrying more than one year
possible incarceration. In KY, felonies are
divided into five classes:
–
Capitol Offenses – an offense carrying a sentence of death
–
Class A Felonies – an offense carrying a sentence of at least 20 years but no more than 50 years
–
Class B Felonies – an offense carrying a sentence of at least 10 years but no more than 20 years
–
Class C Felonies – an offense carrying a sentence of at least 5 years but no more than 10 years
–
Class D Felonies – an offense carrying a sentence of at least 1 year but no more than 5 years
Felony vs. Misdemeanor
• Misdemeanor – an offense, other than a
traffic infraction, for which a sentence term of
imprisonment of not more that twelve months
can be imposed.
– Class A Misdemeanor – Any offense for which the sentence of imprisonment
falls between 90 days and 12 months.
– Class B Misdemeanor – Any offense for which the sentence of imprisonment
is a maximum of 90 days.
Felony vs. Misdemeanor
• Domestic Violence can be charged as a
Felony or a Misdemeanor.
• Typical penalties can include fines, jail time,
or alternative penalties like a the use of global
positioning system leg bands to track
domestic violence offenders and individuals
with restraining orders to ensure that they do
not violate the space of the individuals who
they are accused of abusing.
Mandatory Reporting
 SPOUSE ABUSE
KRS 209A.020(4): Adult = person regardless of age who
is victim of abuse/neglect by spouse
KRS 209A.030(2)
Any person having reasonable cause to suspect
that an adult has suffered abuse/neglect SHALL report
to the Cabinet for Health and Family Services (DCBS)
Penalty: class B misdemeanor
KRS 209A: 020
(6) "Abuse" means the infliction of injury,
unreasonable confinement, intimidation, or
punishment resulting in physical harm or
pain, including mental injury
 (9) "Neglect" means a situation in which a
person deprives his or her spouse of
reasonable services to maintain health and
welfare;
Mandatory Reporting
• The statute only requires the reporting of
spouse abuse/neglect, not all intimate
partner abuse/neglect.
• Penalty for failure to report: class B
misdemeanor KRS 209A.030(11)
“Other” Adult Abuse
KRS 209.020
ADULT = 18 YRS or older who because of
mental or physical dysfunctioning is unable to
manage his/her own resources, carry out the
activity of daily life or protect him/herself from
neglect exploitation hazardous abusive situation
Any person having reasonable cause to suspect
abuse/neglect/exploitation shall report to DCBS
KRS 209.020
• (8) "Abuse" means the infliction of injury,
sexual abuse, unreasonable confinement,
intimidation, or punishment that results in
physical pain or injury, including mental
injury;
KRS 209.020
• (9) "Exploitation" means obtaining or using
another person's resources, including but not
limited to funds, assets, or property, by
deception, intimidation, or similar means, with
the intent to deprive the person of those
resources;
KRS 209.020
• (16) "Neglect" means a situation in which an
adult is unable to perform or obtain for
himself or herself the goods or services that
are necessary to maintain his or her health or
welfare, or the deprivation of services by a
caretaker that are necessary to maintain the
health and welfare of an adult;
Where to Report?
• Child/Vulnerable Adult Abuse –
1-800-752-6200
• Spouse Abuse – 1-800-544-2022
What Information to Report?
• Contact Information
• The exact information that was
witnessed by you or reported to you
(who, what, when, where, how)
• Any prior documentation that is relative
to the current situation
Document Your Phone Call
• The Date of the Phone Call
• Who I Spoke with on the Call
• Also, ask the person on the call to report back
what you said to make sure that you were
understood correctly.
How to Document
• Make sure to record factual statements (not
opinions) Ex. The child has a 2-inch bruise
over the left ribs vs. the child has bruises all
over the chest.
• Try to document exact phrases reported (if
you can remember) instead of a summary.
How to Document
Record . . . .
• The condition and physical appearance of the
child or abused adult
• The behavior of the child or adult after the
alleged abuse occurred
• Exact statements of the child or adult who
experienced the alleged abuse
Reporting to Police vs. DCBS
• Reporting to Police – Immediate and on
the Premises
• Reporting to DCBS – Suspicion of DV
Occurring in the Home
What Happens When I Report?
• The Victim Can File Charges Against
the Perpetrator and Receive Assistance
• The Victim Can Reject Assistance
The Difference in Reporting DV
• Reporting Child Abuse
– The Victim is a Minor. Consent is not needed to
report.
– The Child’s Legal Guardian Could Be the
Abuser.
• Reporting Domestic Violence
– The Victim is an Adult.
– The Victim Can Refuse Help.
– Remember that living with a violent partner is
complicated.
Legal Remedies of Protection
Who Can Get a Protective Order?
"Family member" means a spouse, including a
former spouse, a grandparent, a parent, a
child, a stepchild, or any other person living
in the same household as a child if the child
is the alleged victim;
KRS 403.720(2)
Legal Remedies of Protection
Who Can Get a Protective Order?
Member of an unmarried couple: allegedly have
a child in common, any children of that
couple, or currently living together or have
lived together in the past. KRS 403.720 (2)(3)
– Ireland v. Davis (1997) same sex couple qualify
Living/Have Lived Together
Sexual relations while sharing living quarters
Sharing of income/expense
Joint use/ownership of property
Holding out as husband + wife
Continuity of relationship
Length of relationship
Who May File for an Order?
Any family member or member of an
unmarried couple who is a resident of this
state, or
Has fled to this state to escape domestic
violence and abuse.
In county of usual residence or if fled b/c of
domestic violence, then county of current
residence. KRS 403.730
Emergency Protective Orders
• Upon reviewing the petition for a protective order, if
the court determines that the allegations indicate
the presence of an immediate and present danger
of domestic violence and abuse, the court shall
issue the EPO. KRS 403.740
• If an EPO is not issued, the Court must note on the
petition, for the record, the action denied and the
reason for it. KRS 403.735 (4)
• The Court must still set a hearing on the matter and
serve the petition on the Respondent. KRS 403.745
Domestic Violence Orders
If the judge determines after the hearing that
domestic violence has occurred and may
occur again, the judge should grant the DVO.
KRS 403.750
Preponderance of the Evidence Standard
Domestic Violence Orders
May be good for up to three (3) years, and
may be extended, upon application, after that.
Not required that another act of DV happens
in order to get order renewed.
Kingrey v. Whitlow (2004)
How Do I Help a DV Victim?
• Be Supportive
• Provide Resources
• Be Ready to Help if the Person Decides to
Leave
Reminders
• Keep documentation so that you can report if the
situation calls for it.
• The behavior of the victim is NOT the cause of the
abuse!
• Use continuous positive reinforcement with children
living in homes with domestic violence. Someone
needs to be praising them!!
Case Study
Remy is a three-year-old in your child care program, and he
seems to be extremely shy. He usually plays alone while other
children in the room are in small groups. His mother is also
quiet, so this is probably where Remy learned this social
behavior. He also seems to react strongly to low noises, even
when the teacher raises her voice. One day Remy’s mother
drops him off for school and you notice bruising on the left side
of her face and she is carrying her left arm in a strange way.
Later that day, Remy begins to cry when two children in the
block area are fighting over a truck. You attempt to comfort
Remy, and he tells you that fighting scares him and the children
need to stop. What concerns do you have about Remy and his
situation? How would you handle your concerns?
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