Sara Block, JD
IPAN Presentation
July 18, 2014
Two-Step Analysis for Assessing “Environment Injurious” Allegations
Assessment of Neglect: General ((applicable when the allegation of neglect does not
include, domestic violence, mental illness, substance abuse or prior harm to a sibling)
This assessment framework is applicable to general circumstances of neglect.
If the investigation involves allegation of harm concerning domestic
violence, substance abuse, mental health, and prior harm to a sibling,
use the specific Information Gathering and Assessment framework
below
Step 1: Harm
•
What real, significant, and imminent likelihood of harm has the
child experienced, if any? If there is no real, significant and
imminent likelihood of harm, the case should be unfounded. If
real, significant, and imminent likelihood of harm has occurred,
then identify the parent or caregiver responsible for the harm, and
go to Step 2 regarding that parent or caregiver. A parent or
caregiver who has not caused the likelihood of harm, should be
unfounded for neglect.
•
Step 2: Precautionary Measures
•
What reasonable precautionary measures has the
parent/caregiver exercised to prevent or mitigate the real,
significant and imminent likelihood of harm?
•
Examples of reasonable precautionary measures
that the parent or caregiver has exercised or is
exercising to prevent or mitigate real, significant
and imminent likelihood of harm to the child can
include but are not limited:
•
Attempts to stop the cause of the
likelihood of harm
•
Takes steps to protect child from the
likelihood of harm
•
Responds to any harm the child has
experienced
•
Reaches out to support system
•
Utilizes social services to address needs
in the family
•
Possesses and utilizes parenting skills
•
Attends to the child’s emotional,
psychological, physical, educational and
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Sara Block, JD
IPAN Presentation
July 18, 2014
•
•
•
•
•
•
•
medical needs
Maintains a healthy and loving
relationship with the child
Considers child’s best interest
Meets the child’s medical, psychological
and education needs, when appropriate
Maintains a healthy and loving parental
relationship with the child
Provides stability – emotional,
educational, relational, financial – for
the child
Cooperates with current efforts to address
stressors or risk factors in the home
Any “precautionary measures” listed in
the assessment section for domestic
violence, mental health, substance abuse
and prior harm to a sibling
Conclusion: The Investigative Finding
If the parent or caregiver failed to exercise reasonable
precautionary measures to prevent or mitigate the real,
significant, and imminent likelihood of harm to child, the
parent blatantly disregarded his/her parental
responsibility, and should be indicated for environment
injurious (neglect).
If the parent or caregiver has exercised or is exercising reasonable
precautionary measures to prevent or mitigate real, significant and
imminent likelihood of harm to the child, the parent did not
blatantly disregard his/her parental responsibility, and should be
unfounded for environment injurious (neglect).
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Sara Block, JD
IPAN Presentation
July 18, 2014
A)
Domestic Violence
Definition of Domestic Violence: Domestic violence is the establishment of
power and control through a pattern of coercive behaviors that include
physical, sexual, verbal, and emotional assaults perpetrated by one intimate
partner against another (DCFS Domestic Violence Practice Guide).
Information Gathering – Utilize the Domestic Violence Screen
In order to collect and document information gathered during an investigation involving
domestic violence, use the Domestic Violence Screen (SACWIS/CANTS 17A/DV. In
addition, the information gathered during the investigations should respond to and be able to
answer the following questions and history:
.
i)
There is a history of past incidents of domestic violence as
confirmed through interviews with family members,
collateral contacts, police and LEADS reports.
ii)
Who is the perpetrator of the domestic violence and who is
the adult victim? Whenever there are allegations of a
likelihood of harm based upon domestic violence, it is
imperative to correctly identify the perpetrator of the
domestic violence and the adult victim of the domestic
violence. ( Also see the Domestic Violence Practice Guide
for expanded interview questions)
iii)
What is the nature of the domestic violence (e.g., yelling
and screaming vs. physical contact or injury)?
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Sara Block, JD
IPAN Presentation
July 18, 2014
iv)
Have weapons been used?
v)
What is the level of involvement of the children (e.g.,
present, attempting to intervene, out of immediate area)?
vi)
Does the victim of domestic violence have the ability to use a
support system?
Assessment of Neglect
i)
ii)
Step 1: Harm
i)
What real, significant, and imminent likelihood of harm has
the child experienced, if any, due to the incident of
domestic violence? Exposure to domestic violence affects
children differently and an individualized assessment is
necessary. See the Domestic Violence Practice Guide. If
there is no real, significant and imminent likelihood of
harm, the case should be unfounded. If real, significant,
and imminent likelihood of harm has occurred identify the
parent or caregiver responsible for the harm, and go to Step
2 regarding that parent or caregiver. An incident of
domestic violence in the home that creates a real,
significant, and imminent likelihood of harm to the child is
caused by the perpetrator of the past or present domestic
violence, not the adult victim of domestic violence/nonoffending parent. The adult victim of domestic
violence/non-offending parent who has not caused the real,
significant, and imminent likelihood of harm should be
unfounded for neglect.
Step 2: Precautionary Measures
i)
Adult Victim of Domestic Violence/Non-Offending
Parent: The adult victim of domestic violence/nonoffending parent/caregiver is presumed to be not neglectful
in that she did not create an environment injurious so long
as he/she has exercised reasonable precautionary measures
to prevent or mitigate real, significant and imminent
likelihood of harm to the child.
•
Examples of reasonable precautionary measures
that the adult victim of domestic violence/nonoffending parent/caregiver has exercised or is
exercising to prevent or mitigate real, significant and
imminent likelihood of harm to the child can include
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Sara Block, JD
IPAN Presentation
July 18, 2014
but is not limited to (See Domestic Violence Practice
Guide):
•
Uses knowledge about the abuser and the
situation
•
Uses safety strategies for herself/himself and
the child
•
Takes preventative measures to keep the
child safe in case an incident of
domestic violence occurs (ie keeping
coats and shoes near the child’s bed in
case the non-offending parent and child
need to leave)
•
Attempts to keep the child safe from
harm during an incident of domestic
violence (ie moving to a room where the
child is not; telling the child to leave the
area where the domestic violence is
occurring; instructing the child to seek
outside help that the child can
reasonably be expected to do; shielding
the child from witnessing the domestic
violence)
•
Discusses with the child a plan to maintain
safety during an incident of domestic violence
•
Develops a domestic violence safety plan
individually or with the assistance of an
advocate
•
Physically defends herself/himself in attempt
to stop the perpetrator of abuse from harming
him/her or the child
•
Acknowledges the potential impact that
domestic violence can have on the child
•
Utilizes a support system
•
Attends individual therapy or domestic
violence counseling
•
Seeks guidance from religious leadership
•
Calls the police
•
Seeks legal assistance
•
Obtains or attempts to obtain an Order of
Protection or to initiate other legal proceedings
•
Ceases the relationship with the perpetrator of
the domestic violence
•
Restricts the access of the perpetrator of
domestic violence to the non-offending
parent/adult victim and child
•
Any precautionary measures listed in
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Sara Block, JD
IPAN Presentation
July 18, 2014
“Assessment of Neglect: General” above
Note: A non-offending parent or caregiver who is a victim of domestic
violence, remains in the home where the domestic violence is occurring,
returns to the home where domestic violence is occurring, or decides against
pursuing an Order of Protection is not per se neglectful.
Conclusion: The Investigative Finding
If adult victim of domestic violence/non-offending
parent/caregiver failed to exercise reasonable precautionary
measures to prevent or mitigate the real, significant, and
imminent likelihood of harm to child, the parent blatantly
disregarded his/her parental responsibility, and should be
indicated for environment injurious (neglect).
If the adult victim of domestic violence/non-offending
parent/caregiver has exercised reasonable precautionary
measures to prevent or mitigate the real, significant and
imminent harm to the child, the parent did not blatantly disregard
his/her parental responsibility, and should be unfounded for
environment injurious (neglect).
i)
Perpetrator of Domestic Violence: The perpetrator of the
past or present domestic violence is responsible for the real,
significant and imminent likelihood of harm to the child
and created an environment injurious for the child if he/she
blatantly disregarded his/her parental responsibilities by
failing to exercise reasonable precautionary measures to
prevent or mitigate the real, significant, and imminent
likelihood of harm to the child. (See Domestic Violence
Practice Guide)
Conclusion: The Investigative Finding
If adult victim of domestic violence/non-offending
parent/caregiver failed to exercise reasonable precautionary
measures to prevent or mitigate the real, significant, and
imminent likelihood of harm to child, the parent blatantly
disregarded his/her parental responsibility, and should be
indicated for environment injurious (neglect).
The perpetrator of domestic violence created an
environment injurious if he/she did not exercise reasonable
precautionary measures to prevent or mitigate the real,
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Sara Block, JD
IPAN Presentation
July 18, 2014
significant and imminent likelihood of harm to the child
caused by an incident of domestic violence.
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