Witnessing Domestic Violence as a Child Protection Issue

1
Witnessing Domestic Violence as a Child
Protection Issue

• Whats going on
• in other jurisdictions?

Gary Direnfeld, MSW, RSW www.yoursocialworker.com
2
Why Care?

• Our ability to help is in part bound by the
  system in which we are a part.
• To increase our effectiveness, we must learn
  about our system and work within whilst promoting
  change.

3
All States Recognize Domestic Violence

• All jurisdictions in the United States have laws
  that define domestic or family violence.

National Clearinghouse on Child Abuse and
Neglect Information State Statutes Series
2004 Children and Domestic Violence http//nccanch
.acf.hhs.gov
4
But not necessarily as it related to children

• Approximately 40 States, the District of
  Columbia, and the U.S. Territories Guam, Northern
  Mariana Islands, and Puerto Rico include children
  as a class of protected persons in some way
  within their definitions of domestic violence.

National Clearinghouse on Child Abuse and
Neglect Information State Statutes Series
2004 Children and Domestic Violence http//nccanch
.acf.hhs.gov
5
But not necessarily as it related to children
Colorado, Iowa, Kansas, Massachusetts, New
Hampshire, New Jersey, Oregon, South Carolina,
Wisconsin, and Wyoming do not currently include
children in their definitions of domestic
violence.
National Clearinghouse on Child Abuse and
Neglect Information State Statutes Series
2004 Children and Domestic Violence http//nccanch
.acf.hhs.gov
6
And then there are the exceptions

• The most common exception, in seven States and
  Guam, is for acts of self-defense. Guam also
  exempts defense of others, and Delaware and
  Louisiana exempt acts committed in defense of a
  child. Three States (Georgia, Illinois, and
  Maryland) provide an exception for reasonable
  acts of discipline of a child. Verbal abuse or
  argument is exempted by Connecticut.

National Clearinghouse on Child Abuse and
Neglect Information State Statutes Series
2004 Children and Domestic Violence http//nccanch
.acf.hhs.gov
7
But, what about witnessing

• Approximately 20 States and Puerto Rico have
  enacted legislation that specifically includes
  children who witness domestic violence as a class
  of persons in need of legal protection.

Alaska, Arizona, Arkansas, California, Delaware,
Florida, Georgia, Hawaii, Idaho, Illinois,
Indiana, Minnesota, Mississippi, Montana, North
Carolina, Ohio, Oklahoma, Oregon, Utah, and
Washington.
National Clearinghouse on Child Abuse and
Neglect Information State Statutes Series
2004 Children and Domestic Violence http//nccanch
.acf.hhs.gov
8
But, what about witnessing

• If only 20 States and Puerto Rico have enacted
  legislation that specifically includes children
  who witness domestic violence as a class of
  persons in need of legal protection what does
  that say about the legislation of other States?
• The legislation of other states regarding
  domestic violence and children is restricted to
  children as direct victims as in the case of
  physical or sexual abuse.
• So, does witnessing count?

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We can make it count if we know the legislation

• The Child Abuse Prevention and Treatment Act
  (CAPTA) is the Federal legislation that provides
  minimum guidelines States must incorporate in
  their statutory definitions of child abuse and
  neglect. This Act has been updates as
• Keeping Children and Families Safe Act of 2003

National Clearinghouse on Child Abuse and Neglect
Information 2003 Child Abuse and Neglect State
Statute Series Statutes-at-a-Glance Definitions
of Child Abuse and Neglect http//nccanch.acf.hhs.
gov
10
Accordingly and as per the Act,

• The term child abuse and neglect means, at a
  minimum, any recent act or failure to act on the
  part of a parent or caretaker, which results in
  death, serious physical or emotional harm, sexual
  abuse or exploitation, or an act or failure to
  act which presents an imminent risk of serious
  harm

http//www.acf.hhs.gov/programs/cb/laws/capta03/se
c_I_111.htm
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Then what happens to those definitions?

• Based on CAPTA guidelines, each State and U.S.
  Territory provides its own definitions of child
  abuse and neglect.

National Clearinghouse on Child Abuse and Neglect
Information 2003 Child Abuse and Neglect State
Statute Series Statutes-at-a-Glance Definitions
of Child Abuse and Neglect http//nccanch.acf.hhs.
gov
12
Are definitions standardized?

• The standard for what constitutes abuse varies
  among States. Many States define abuse in terms
  of harm or threatened harm to a child's health
  or welfare. A few States define abuse in terms of
  "serious harm or threat of serious harm."

National Clearinghouse on Child Abuse and Neglect
Information 2003 Child Abuse and Neglect State
Statute Series Statutes-at-a-Glance Definitions
of Child Abuse and Neglect http//nccanch.acf.hhs.
gov
13
Harm Defined as Categories of Maltreatment

• Categories of Maltreatment Defined in Statute
  Include
• Physical abuse
• Neglect
• Sexual abuse
• Sexual exploitation
• Emotional/mental injury
• Abandonment

National Clearinghouse on Child Abuse and Neglect
Information 2003 Child Abuse and Neglect State
Statute Series Statutes-at-a-Glance Definitions
of Child Abuse and Neglect http//nccanch.acf.hhs.
gov
14
Emotional/mental injury

• All Sates and territories include
  emotional/mental injury as a category of
  maltreatment for the purpose of child abuse and
  neglect definitions
• All but THREE STATES
• California, Georgia, and Washington

National Clearinghouse on Child Abuse and Neglect
Information 2003 Child Abuse and Neglect State
Statute Series Statutes-at-a-Glance Definitions
of Child Abuse and Neglect http//nccanch.acf.hhs.
gov
15
PTSD is Emotional Injury

• Thinking constantly about the traumatic event.
• Having nightmares.
• Avoiding places, people, or activities that
  re-mind them of the event.
• Losing interest in doing things that they liked
  before.
• Feeling alone, empty, sad, anxious, or uncaring.
• Becoming irritable, angry, and easily startled.

16
Anxiety and Depression are Emotional Injury
Anxiety and Depression
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Look For The Signs
Missed school or poor school performance
Changes in eating and/or sleeping habits
Withdrawal from friends and/or activities once
enjoyed
Persistent sadness and hopelessness
Overreaction to criticism / Anger and rage /
Problems with authority
Indecision, lack of concentration or forgetfulness
Poor self-esteem or guilt
Frequent physical complaints, such as headaches
and stomachaches
Lack of enthusiasm, low energy or motivation
Drug and/or alcohol abuse
Thoughts of death or suicide / Suicidal behaviour
Developmental regression
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Protecting Children Subject to Witnessing or
Being Affected by Domestic Violence

• Acquaint yourself with the legislation specific
  to your State
• Advocate for specific clients with reference to
  the terms, language and definitions of State
  Legislation. Use the laws to your advantage.
• Advocate for change by using changes in other
  jurisdictions to support the cause.

19
Who knows what?

• Email survey of 1,300 persons identified as
  social workers, family therapists and supervised
  access center workers
• This was not a rigorous investigation by any
  means, yet may yield interesting information

20
Who knows what?

• Is domestic violence and then specifically, child
  witnessing thereof,an issue in your work?
• Is there legislation in your jurisdiction as it
  applies to childprotection and children
  witnessing domestic violence?
• Do you know the legislation in your jurisdiction
  as it applies tochild protection and children
  witnessing domestic violence?
• If yes, please briefly describe the legislation
  or law as it pertains to child protection and
  child witnessing domestic violence.

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Survey Says!

• 46 responses for a response rate of 3.5
• 100 of respondents identified child witnessing
  domestic violence as an issue in their work
• 78 said there was legislation regarding child
  protection and witnessing domestic violence. 11
  were unsure
• 70 said they knew the legislation as it applied
  to child protection and witnessing domestic
  violence. 30 did not
• 63 described the legislation. 37 were unsure or
  unable or omitted descriptions.

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Survey shows

• 100 of respondents identified child witnessing
  of domestic violence, an issue in their work
• However, the deeper the survey drilled with
  regard to knowledge of legislation the less the
  return.

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Key Learning

• Each jurisdiction has different legislation
  regarding child protection and child witnessing
  domestic violence as a child protection matter.
• Worker effectiveness in protecting children
  subject to witnessing domestic violence may
  depend upon the workers knowledge of relevant
  legislation and use of language to couch
  concerns in a manner consistent with the
  legislation.
• Legislation is relevant to child protection!

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Final Thoughts

• Legislation matters.
• Knowledge of legislation is empowering.
• This translates directly to ability to protect
  children.
• Share learning, empower others.
• Read reports go to
• http//nccanch.acf.hhs.gov/topics/issues/domestic.
  cfm

Thank you for viewing!