Dating Violence Victimization and associated Health Risks among Adolescent Females:

1
Juley Fulcher, Esq. Director of Policy
Programs Washington, DC
2
Confidentiality

• Right to have your participation, communications
  and records kept private.
• 5 key components of youth-friendly services (2000
  study)
• Environment
• Access
• Communication
• Service Delivery
• Confidentiality The 1 component of whether a
  clinic was teen-friendly
• Teens reported not accessing care or raising
  sensitive concerns if they feared the information
  would be shared with parents or discovered by
  peers.

3
Are Parents the Last to Know?

• 75 of parents of abused teens were unaware that
  their teen had been physically hurt or bruised by
  their partner.
• 69 of parents were unaware that their teen was
  pressured by their partner to perform oral sex.
• 58 of parents were unaware that their teen had
  been hit, slapped, pushed, punched, kicked or
  choked by their partner.

4
I dont want my parents to know

• Teens do not want to share private information
  about the relationship

? They do not want to reveal drug use or illegal
activity intimately connected with the abuse ?
They do not want to reveal the extent of their
sexual activity or are embarrassed to discuss
sexual abuse or coerced sexual activity ? They do
not want to reveal their sexual orientation to
their parents
5
My parents will react badly

• Teens may lose their independence or freedom if
  they tell about the abuse
• The abuser also may be the intimate partner of
  the teens mother or a family friend
• They may have witnessed or experienced abuse in
  the home, sometimes at the hand of a parent

6
I dont get along with my parents

• They may be away from home on an internship or at
  college
• They may have moved out to be with their
  partner/abuser
• The may have been isolated from potentially
  supportive adults by the abuser
• Their parents may have kicked them out for
  getting pregnant or being gay, etc.

7
Rights of Parents v. Rights of Minors

• Parents have the right to control their
  childrens upbringing.
• Minors have rights to access critical services
  independent of their parents.
• State laws vary about where to strike a
  balance between these two interests.

8
Service Delivery Dilemma

• Primary supports for survivors of domestic
  violence
• Confidential shelter
• Mental health services, including counseling
  and support groups
• Medical care, including sexual health
• Legal
• Are these supports available to unemancipated
  minors?

9
Shelter

• Generally parents have the right to custody of
  their children.
• State laws limit minors access to shelter
• Parental notification and consent, mandated
  reports.
• State licensing requirements differ for
  unaccompanied minors
• Many domestic violence shelters arent
  licensed for this purpose.
• Minors pushed to RHY shelters that dont offer
  confidentiality.

10
Minor Consent to Medical Services

• In most states, generally parents must give
  consent for minors medical care.
• State law makes exceptions for sensitive
  services.
• STI testing and treatment
• Access to contraceptives
• Mental health services
• Pregnancy-related treatment
• Substance abuse treatment.
• All states allow minors to consent to STI
  testing/treatment.

11
Privacy of Records

• Federal laws provide baseline protections
• Family Education Rights and Privacy Act
  (FERPA) gives parents the right to control
  education records.
• Health Insurance and Portability and
  Accountability Act (HIPAA) gives parents the
  right to control the release of medical records
  with limited exceptions.
• Consideration Minors in the child welfare or
  juvenile justice systems
• Complex state laws practices about sharing
  information between a large number of actors.

12
Access to Courts

• Civil Justice System
• Minors right to sue
• Protective order statutes
• Age, relationship type, parental involvement,
  remedies
• Example NH is the only state to allow all minors
  of any age to apply without parental involvement.
• Example MOs protective orders are only
  available to adults.
• What about holding minor abusers accountable?

13
Access to Courts

• Criminal Justice System
• Definitions of domestic violence crimes,
  treatment of juvenile offenders
• Family Court System
• Custody statutes
• Can a minor apply for custody of their own child?
• Age, relationship type, parental involvement,
  remedies

14
Mandated Reporting

• State statutes define child abuse and mandated
  reporting guidelines
• No separate scheme for reporting dating violence
• Caveat injury reporting laws, duty to warn
• Am I required to report suspected dating
  violence?
• Does it matter who the perpetrator is?
• What will happen to my report?

15
Mandated Reporting

• In 1/3 of states, child abuse can only be
  perpetrated by a person responsible for care
• Example Florida
• Knowledge of or reasonable cause to suspect that
  a child is abused, abandoned, or neglected by a
  parent, legal custodian, caregiver, or other
  person responsible for the childs welfare
• Example California
• Knowledge of or reasonable suspicion that a child
  has been the victim of child abuse by any person.
• Not all statutory rape is a reportable offense.

16
Building Relationships

• Whom do you have a relationship with?
• To whom do you owe your professional duties?
• Barriers to forming trusted relationships with
  minors
• Minors ability to contract or sign agreements
• Services consented to or paid for by
  parents/guardians
• Funding requiring adult consumers

17
Changing Laws and Systems

• Make sure laws cover dating violence
• Make sure laws give access to court to minors
• Make sure laws hold minors accountable
• Make sure law enforcement and court personnel are
  educated on the issue
• Make sure appropriate services exist

18
Resources for Teens

• Break the Cycle
• 1.888.988.TEEN or www.TheSafeSpace.org
• National Center for Victims of Crime
• www.ncvc.org/tvp
• National Teen Dating Abuse Helpline
• www.loveisrespect.org

19
Juley Fulcherjuley.fulcher_at_breakthecycle.org

• Break the Cycle
• P.O. Box 21034
• Washington, DC 20009
• 202.824.0707 (phone)
• 202.824.0747 (fax)
• www.breakthecycle.org