This project began with a fundamental premise--that child welfare agencies
need to take some action to incorporate considerations of domestic violence into
their case practice. Staff from the Office of the Assistant Secretary for
Planning and Evaluation (ASPE) and other sponsoring agencies viewed the evidence
for co-occurrence of physical violence toward mothers and child abuse, reviewed
in Chapter I, as compelling enough to warrant an examination of current
activities around the country. While many of these efforts are in their
infancy, sponsors felt that interest was strong enough and the issues important
enough to justify this preliminary exploration and report.
With the need for action as a given, the focus of fieldwork was to discover
what different agencies were doing, what lessons they had learned, and what
issues agencies need to consider in order to make these new efforts work well.
The following themes can be distilled from our fieldwork:
Child welfare agencies have begun initiating changes from different
organizational points within their agencies and have taken different approaches
to changing case practice. Each starting point has advantages and
disadvantages. Agencies need to think through which approach makes sense for
them.
Child welfare agencies have experience acting to protect children but
are breaking new ground when they attempt to address domestic violence. These
agencies cannot make appropriate changes without major and continuing
collaboration with community stakeholders who work with domestic violence
victims and perpetrators and know the issues involved. There are complicated
policy and practice issues that can only be handled appropriately if child
welfare agencies work together with people specializing in domestic violence
services. Chief among these issues is the need to refrain from actions that
increase danger to mothers and their children.
Changes to child welfare agency practice around domestic violence
will also benefit from collaborative policy development with police, civil and
criminal courts, corrections (probation and parole), the schools, and local
clinics and hospitals.
This chapter summarizes and integrates findings from the site visits and
literature review. Reflecting the still early and developing state of the
field, we do not provide definitive examples of successful practice. Instead we
review issues to consider and resolve. Our "findings" are that some
challenges are common to most communities but that different agencies approach
them in different ways. There is no universal resolution or "right"
approach for all agencies.
The chapter first looks at approaches to changing case practice within child
welfare agencies including where within the agency to start; how to expand;
issues of staff motivation, understanding, and commitment; and issues of
resources and tools internal to the agency. We then turn to the community
context and the need to coordinate with other agencies and service providers.
In the case of organizations experienced in working with victims of domestic
violence, such collaboration is essential for shaping changes in child welfare
agency policy and practice. Other cross-agency collaborations are critical for
ensuring that new approaches to the co-occurrence of domestic violence and child
maltreatment are successful, including approaches that leverage the
investigative powers of the police or the enforcement powers of courts and
corrections. We conclude by reviewing several complex policy issues for child
welfare agencies. Many of these complexities reflect the challenges involved in
balancing multiple goals: helping battered women help their children, holding
perpetrators of domestic violence responsible for their actions, and working
with batterers who continue to be involved in children's lives.
Approaches to Addressing Domestic Violence Issues
within Child Welfare Agencies
The communities visited as part of this study have adopted different
approaches to addressing domestic violence among families involved in the child
welfare system. Communities in two states--Massachusetts and Oregon--have
sought to change case practice throughout all of CPS, taking an agency-wide
approach from the outset. In San Diego, by contrast, the Children's Services
Bureau established a newly formed unit specifically for cases active to both CPS
and adult probation. The Bureau focused its initial efforts on changing
practice for these cases and then training other CPS workers on how to handle
domestic violence in the regular CPS caseload. In Michigan, the link between
CPS and the domestic violence community was forged through the state's family
preservation program, and has focused on families just below the threshold for
out-of-home placement. Finally, in Hilo, Hawaii, efforts to understand and
serve families affected by domestic violence have been concentrated among the
CPS agency's intake unit staff.
Starting with the Whole Agency
Massachusetts and Oregon have state-administered child welfare systems in
which the state agency initiated changes intended to affect all public child
welfare workers. Massachusetts' efforts began in the late 1980s when staff in
the state's Department of Social Services (DSS) began to meet with battered
women's organizations as part of a collaborative planning effort for a federal
Family Violence Prevention and Services grant. During these meetings, the "disconnect"
between the child protection and domestic violence communities became apparent.
DSS staff believed that their mission to protect children overrode concerns
about mothers and that battered women's advocates wrongly emphasized women's
rights to self-determination while ignoring children's needs. Domestic violence
service providers felt that battered women were re-victimized by DSS case
workers who were insensitive to the presence and nature of domestic violence and
often forced women to choose between their children and the batterer. Over the
next several years DSS began to redesign its approach to families affected by
domestic violence. It set out to shift its clinical practice in such a way as
to "protect children by protecting their mothers." DSS's Domestic
Violence Program is based on the principle that the best interests of children
in families with domestic violence cannot be separated from the best interests
of their mothers.
In 1990 DSS hired its first domestic violence advocate. Her job was to
train staff in how to identify domestic violence, explore safe interventions,
and find appropriate resources in the community. DSS's Domestic Violence
Program has evolved into a separate unit, based in the central office and
staffed by 11 domestic violence advocates or "specialists" and two
full-time staff who supervise and support the advocates and help formulate
agency policy on domestic violence. In two of its local offices, DSS has
piloted interagency teams that bring the strength of a multi-disciplinary
approach (including domestic violence) to case consultations. Successful
approaches to managing cases involving domestic violence were identified and
compiled into a "domestic violence protocol" that has since been
adopted agency-wide. DSS believes, however, that without the clinical support
of the domestic violence specialists, the protocol alone would not be terribly
effective. All DSS workers in Massachusetts have been trained in how to
recognize domestic violence in their cases and how to work with these families.
All newly hired social workers are trained in domestic violence as part of their
pre-service training.
Oregon's efforts began in 1994 with a grant from the Office of Community
Services' Family Violence Prevention and Services Program to conduct agency-wide
training. Oregon's State Office for Services to Children and Families (SCF)
worked with domestic violence advocates to develop and present a training
curriculum in eight regional conferences throughout the state. Every local
child welfare office was invited to send staff for training and most did.
Oregon also used the OCS grant to encourage dialogue and collaboration at
the local level by funding seven meetings around the state focusing on building
collaboration between SCF branch managers, SCF supervisors, and domestic
violence program directors. The meetings included small group discussions about
specific cases that involved domestic violence--what current casework practice
is and how SCF might respond differently. The groups identified various ways
their localities could collaborate further including holding joint staffings and
training, and developing support groups. SCF is encouraging its branch staff to
sit on their local domestic violence councils and invite domestic violence
participation on multi-disciplinary teams.
Many local offices in Oregon are beginning to incorporate these suggestions
into practice. As noted in Chapter V, however, the training proved to be only a
first step. Most workers found they could not incorporate what they learned
into case practice without more intensive and more structured assistance. SCF
was able to provide this assistance in two counties by using leftover grant
money from several federal sources to support part-time domestic violence
advocates to work directly with the local child welfare workers. In both
counties this training made a great difference to changing workers'
understanding of the issues and their actual practice. With a second grant,
Oregon is continuing the approach of locating domestic violence advocates
directly in four local child welfare branch offices.
Both Massachusetts and Oregon have thus come to the same point by different
routes and attest to the effectiveness of having domestic violence expertise
onsite to help implement and solidify the lessons learned in training.
Starting with a Service Focus
Two interesting alternatives to beginning with an agency-wide training
approach were found in San Diego County and Michigan. San Diego's Children's
Services Bureau was able to build on the county's tradition of interagency
collaboration by establishing a new unit (the Family Violence Project) that
bureaucratically bridges CPS and adult probation. This unit only serves
families active to both of these agencies (a fairly small proportion of either
agency's caseload). From the perspective of CPS, a strength of this model is
that it takes advantage of the offending parent's probation status to hold him
more accountable than would otherwise be possible, since the CPS agency's only
real sanction is to remove a child from his or her home, whereas probation can
put the offender in jail. The linkage with adult probation has another
important advantage in that it deals with some of CPS's hardest-to-serve
families and most violent perpetrators. Even if other CPS agencies in the
country do not set up such a formal arrangement with adult probation, they could
gain many of the same advantages by collaborating closely with adult probation.
For example, the two agencies could work together to ensure that CPS's service
and treatment requirements are explicitly incorporated into the perpetrator's
probation terms.(1) Such a collaboration can
also save public resources by eliminating duplication of effort around drug
testing and other monitoring activities.
An important limitation of such an approach is that only a small share of
CPS cases affected by domestic violence is likely to be eligible for the
program. To serve all families affected by domestic violence more effectively,
CPS needs to go beyond a narrowly focused unit such as the Family Violence
Project. San Diego is doing this by building on Family Violence Project staff's
expertise and knowledge to develop training curricula and protocols for all CPS
agency case workers. Family Violence Project staff (along with community groups
such as the police department and battered women's advocates) train other CPS
workers directly and consult with workers on cases involving domestic violence.
This model of first establishing a specialty unit that is ultimately expected to
help modify case practice throughout the entire agency, is an interesting
alternative to trying to change case practice through agency-wide training
alone.
Michigan's initial collaborative efforts focused solely on its family
preservation program, Families First, for several reasons. Both Families First
and domestic violence programs share the goal of violence-free families, an
empowerment philosophy, and strength-based service interventions. The family
preservation model appears to be ideally suited to working with women and their
children who are in or recovering from an abusive relationship, because it
focuses on strengths within the family and empowering the family to use those
strengths to change.
Administrators have taken very seriously the task of training all Families
First workers, including those who receive referrals from CPS and those who
receive referrals from shelters to respond to domestic violence. In conjunction
with Washington state's HomeBuilders program, Michigan's Families First worked
with the Family Violence Prevention Fund in San Francisco to develop a domestic
violence training curriculum specifically for family preservation workers
(Schechter and Ganley 1995).(2) Elaborate
training on domestic violence allows Families First workers to respond more
effectively to the needs of families referred by CPS. Training is also
important for safety reasons. Family preservation workers in Michigan were
among the first to request training because in spending 10 to 20 hours in a
family's home each week, domestic violence issues in the family threatened not
only children's safety but workers' safety as well.
Michigan's Families First is the largest family preservation program in the
country, offering services to almost 40 percent of the state's CPS caseload.
The state's focus on training Families First workers as a starting point may
benefit almost half of CPS families. Still, Michigan has begun the process of
expanding this collaboration beyond family preservation and is currently in the
process of developing a training curriculum and other policy changes for all CPS
workers in the state.
Another aspect of Michigan's collaboration that began as a demonstration but
has since been institutionalized and expanded provides funding for some domestic
violence shelters to hire their own Families First staff. These shelters can
refer to their own Families First worker any families at risk of homelessness
and those living in abusive or neglectful environments that pose a potential
danger to a child. However, abuse or neglect of children that meets mandatory
reporting laws must still be referred to CPS.
It is worth noting that both agencies that adopted relatively narrower
approaches to integrating domestic violence within child welfare (San Diego and
Michigan) are working toward broadening their efforts within their agencies.
Sometimes this expansion is informal, as when a specialized worker shares his or
her newly developed expertise with other child welfare workers on a personal
basis. Sometimes the expansion is formal and involves training and support for
all CPS staff. This movement suggests that wherever one starts within the
system, a comprehensive approach to domestic violence within the child welfare
system is ultimately needed. It is important to start somewhere.
Prerequisites for Success within CPS
A key lesson from this study is that even with the investment of financial
and other resources, changing CPS case practice around domestic violence
requires a great deal of time and commitment. Key elements for success are:
Basic levels of awareness, understanding, and motivation around
making needed changes, and
The tools and other resources needed to act safely and effectively
on this awareness and understanding.
All of these elements are necessary. The elements of the first
group--awareness, understanding, and motivation--are closely related to one
another but are not the same. Awareness refers to having a basic knowledge of
the problem of domestic violence, including knowing that it may be present in a
family and needs to be addressed. Understanding domestic violence implies a
deeper and more thorough comprehension and familiarity with the many dimensions
of domestic violence, its underlying dynamics, and the many different
manifestations of the problem. A full understanding of domestic violence also
means that one knows safe and effective ways of working with families affected
by such violence. Finally, motivation refers to a willingness to do something
about domestic violence once one is aware of it. One can be aware of a problem
without fully understanding it or being motivated to do anything about it.
Similarly, one can be motivated to address a problem one is aware of without
fully understanding many of the complexities involved.
Tools and resources are two additional distinct elements with more concrete
characteristics. Tools include specific screening, case management, and other
types of protocols, as well as techniques for investigation, assessment, safety
planning, and referral. These types of tools are often included in CPS domestic
violence protocols like those adopted in Massachusetts and San Diego County.
These protocols offer case workers concrete guidance on how to interview family
members, (e.g., they should be interviewed separately and in a certain order),
specific questions designed to uncover domestic violence (e.g., children may be
asked "When mommy and daddy fight, do they fight with words or with their
hands?"), and advice on how to assess the level of risk to the mother and
child(ren), the offender's lethality, and the impact of exposure to violence on
children. Case workers also need tools to design appropriate service plans, to
help mothers and children develop safety plans, and to document information in
case records and other official records in ways that are thorough yet safe and
confidential. Resources are both internal and external to CPS and include
access to information on previous civil and criminal charges involving family
members, effective treatment options, probation and court monitoring of
perpetrators, and other supports such as domestic violence specialists. These
resources benefit both case workers (by giving them options and increasing their
flexibility in meeting family needs) and families (by providing the most
appropriate services and treatment alternatives).
Interplay Among the Five Elements for Success
Many CPS agencies have succeeded in raising awareness about the need to
screen cases for domestic violence. This is often accomplished through
pre-service or in-service training. Frequently, however, workers receiving
training are not given the necessary tools and resources to change case practice
for families affected by domestic violence. These tools include well-developed
screening questions, case management protocols, knowledge of domestic violence
laws and services, and safety planning techniques. Important resources are
experts or other knowledgeable individuals whom case workers can consult when
faced with dangerous, unusual, or unexpected situations; and resources outside
the agency including appropriate treatment options for batterers, advocacy and
supports for survivors and children, and an effective civil and criminal justice
response to the crime of domestic violence. A critical part of the training
process must be educating workers about the existence of these outside resources
and how they and the families they work with can access them. If critical
external resources do not exist, CPS can be instrumental in collaborations that
will develop them.
CPS agencies that appear to have high levels of understanding and motivation
but lack needed tools or resources include Hilo and one local site in Oregon.
CPS workers in the Oregon community reported that the danger they faced had
increased since they began focusing on domestic violence in their caseload.
These workers, who were aware of the importance of domestic violence in their
caseload and were motivated to respond, were not initially provided with the
depth of knowledge or appropriate procedures and protocols to address the issue
adequately once it was identified in a family. In addition, their training did
not cover how to work with batterers without being manipulated. Despite
agreeing that working with these families was important, workers in this office
described the situations they found themselves in as very dangerous. They said
they were hesitant to take these cases and staff turnover had increased with the
new policy.
Examples of what happens when one has many tools and resources but little
motivation were found within some local CPS offices in Massachusetts. All local
agencies were relatively resource-rich in that each had an in-house domestic
violence specialist who was available on a part-time basis to provide ongoing
education and training. However, some CPS case workers and even their
supervisors lacked awareness and understanding about domestic violence, and thus
were not motivated to consult their in-house specialist. Many domestic violence
specialists reported that much of their initial work at the local agency
involved "drumming up business" by conveying to workers why and how
they should use a domestic violence specialist. Not surprisingly, local CPS
agencies and individual case workers varied greatly in their level of
understanding and acceptance of these issues. Cultivating awareness and
understanding of an issue takes time; one should not be discouraged if
motivation among CPS workers is not universally high at the outset. In other
local agencies in Massachusetts where workers' motivation was very high, the
resources needed to support the workers were readily available. Not only did
battered mothers and their children benefit from improved services, but the CPS
social workers were much more confident that they knew how to handle such cases
well.
Fostering awareness, understanding, and motivation among case workers and
their supervisors and providing them with useful tools and resources requires
both initial education and training and ongoing technical assistance and
support. Initial and ongoing training help to establish an awareness and
understanding of the complex issues involved and to maintain the motivation
needed to succeed. Similarly, providing line workers and their supervisors with
technical assistance (e.g., on how to use new protocols and how to access needed
resources) helps them implement changes by giving them the specific tools they
need to approach potentially complex and dangerous situations safely and
effectively. Workers' continued motivation to approach domestic violence cases
in new and creative ways is further enhanced as they use these tools and observe
their benefits directly.
A branch manager in Oregon who oversees two counties--only one of which had
an on-site advocate for six months--noted a dramatic difference in the ability
of the respective line staff to integrate information from training into their
work with families. The office with the on-site advocate made much greater
strides in understanding, motivation, and creative case planning. In both
Oregon and Massachusetts, the presence of an on-site advocate had two major
benefits: knowledge and time. The domestic violence advocate worked to promote
understanding and awareness among the workers and was able to change the way
specific cases were handled. Through case staffing and informal conversations,
she also facilitated the process of translating general knowledge from the
training to actual changes in practice. In addition, the advocate spent a great
deal of effort directly supporting and counseling women in abusive situations,
an activity that the CPS workers themselves rarely have the time to do.
Family preservation workers in Michigan receive in-depth training that
includes specific tools for working with families in domestic violence
situations. Workers receive training both to work with women who are in the
process of leaving their batterer and establishing new households, and to work
with families where domestic violence is an active issue and the batterer is
still in the home. One intent of the training is to increase workers' ability
to effectively solve problems together with the woman in creating a safety plan
for her and her children. One Families First worker explained how one of her
clients, a victim of domestic violence, had no phone at home. As part of her
safety plan, the woman worked out an agreement with some of her neighbors to
call the police if she signaled she was in danger by turning the porch light off
and on. Workers also provide women with information on available resources in
the community, identify supportive friends and family to whom she can turn for
help, and conduct role playing. Families First workers also receive ongoing
support from trainers knowledgeable about the issue in order to work effectively
with these families. In addition, these workers have an important resource that
traditional CPS workers do not: time to work with families intensively for up to
20 hours per week.
Who Should Be Involved
Effectively serving families impacted by domestic violence requires the involvement and commitment of individuals at all levels within CPS. Some examples of what can be initiated at various organizational levels are shown in Exhibit VII.1 (for CPS Administrators/ Managers), Exhibit VII.2 (for CPS Supervisors), and Exhibit VII.3 (for CPS Social Workers/ Caseworkers). Most of the examples at the higher administrative and managerial levels within CPS relate to agency policy. These include allocating resources, developing new criteria for screening, assigning, and investigating cases, and adopting new case management protocols. The agency's overall philosophy toward domestic violence and battered women is also very important, and can strongly affect the success of other efforts within the agency to help families in need.
Exhibit VII.1
Examples of What CPS Administrators/Managers Can Do to
Integrate Domestic Violence Issues into CPS Case Practice
State, County, or Local Policy Issues
Change Agency Philosophy: Recognize that in some cases, if a mother is
being battered by her partner, CPS can protect children best by protecting (or
helping to protect) their mother. A mother's true capacity to parent a child
cannot be assessed adequately if she is being abused and traumatized. The
relationship between CPS and a battered mother need not be adversarial; they can
form a common front against the real problem: the abusive behavior of the
offending (battering) parent or partner. Charge battering fathers (not battered
mothers) with "failure to protect."
Allocate Resources: Changes in philosophy and attitudes should be promoted
throughout the agency by providing regularly scheduled training sessions on
domestic violence. Resources should also be made available for other efforts
needed to effect and sustain system-wide change (e.g., in-house domestic
violence specialists, an in-house domestic violence unit, periodic reviews of
agency policies and case practice).
Develop Criteria for Screening, Intake, and Assignment: Determine how
intake workers should treat domestic violence in their initial screening,
prioritization, and referral of incoming reports (e.g., how many incidents of a
child's witnessing domestic violence warrant a CPS investigation? What types of
parental violence or criminal history warrant a CPS investigation? For cases
that are not investigated or screened in, should CPS refer families to other
sources of support?)
Develop Criteria for Investigation and Case Management: Review existing
protocols to ensure that all investigations are handled safely and appropriately
in case domestic violence is present but has not yet been identified (e.g.,
interview parents separately since mother is unlikely to disclose abuse in front
of her partner). Train and encourage all investigation workers to screen for
domestic violence both directly and indirectly (e.g., review criminal history
record of parents; look for signs and clues that mother is a victim of abuse;
ask mother directly about domestic violence; ask child if parents "fight"
with words or hands). Ensure that this domestic violence-related information,
which is usually quite complex and often varies from one family to another, is
integrated into risk assessments and other aspects of case management.
Adopt New, Appropriate Case Management Protocols: For families known to be affected by domestic violence, ensure that appropriate needed services (e.g., safety planning, legal advocacy, batterer intervention services) are known to caseworkers. Ensure that the case management plan (and the case record): (1) takes into account that battered women have often developed many coping mechanisms, protective actions, and other strengths that CPS can build on, and (2) reflects the offending parent's accountability (e.g., through the language used in the case record, the number of services required of the mother versus the father). Also, safety and confidentiality concerns may necessitate separate service plans for each parent. |
Exhibit VII.2
Examples of What CPS Supervisors Can Do to
Integrate Domestic Violence Issues into CPS Case Practice
Local Agency Level Policy and Practice Issues
Set the Tone: Demonstrate to all staff that domestic violence should be
taken seriously and needs to be addressed by CPS. Attend training sessions with
caseworkers and support the development and use of new policies, protocols, and
other resources (such as domestic violence specialists) that will help
CPS-involved families affected by domestic violence.
Support Training Opportunities: Encourage workers to attend non-mandatory
training offered by CPS and others agencies in community. If adequate training
is not available from within CPS, work with local domestic violence service
providers to develop cross-training activities or piggy-back on other domestic
violence training activities in the community.
Support New and Creative Approaches by Workers: Encourage workers to take
advantage of existing resources (in-house advocate, etc.) and find creative ways
to meet need (e.g., by inviting a domestic violence advocate in on a volunteer
basis several hours per week); encourage multidisciplinary case consultation
meetings and include a domestic violence expert; support and encourage workers
to be creative in how they work with families affected by domestic violence.
Identify Gaps In Needed Services: Identify any gaps in services (e.g.,
counseling services for children affected by domestic violence, effective
batterer intervention programs) and communicate these needs to the community at
large and to managers or other CPS administrators responsible for contracting
for needed services.
Participate in Interagency and Other Community-Wide Forums: Participate in
local domestic violence-related community forums and task forces to communicate
CPS's perspectives and help craft joint responses to families in need.
(Encourage interested lineworkers to do the same.)
Value Background Experience with Domestic Violence: As with others areas of expertise (e.g., child sexual abuse), take previous experience with domestic violence into account when hiring new case workers and take full advantage of that experience once such people are hired. Allow workers to specialize in domestic violence cases. |
Exhibit VII.3
Examples of What CPS Social Workers/Caseworkers Can Do to
Integrate Domestic Violence Issues into CPS Case Practice
Local Agency Level Practice Issues
Adopt New Approaches: Always screen for domestic violence (using newly
developed protocols and other tools when available); recognize that the
relationship between CPS and battered mothers need not be adversarial and that
by forming a "common front" CPS can help mothers protect their
children; find new and creative ways to help mothers and children, and always
put their safety first; build on the many coping mechanisms, protective
actions, and other strengths that battered women have often developed; document
all information about domestic violence in the case record and strive, through
the language used in the case record and the number of services required of the
mother versus the father, to hold offending parents accountable (charge
perpetrators of domestic violence, not their victims, with "failure to
protect"). Safety and confidentiality concerns may require that separate
service plans be developed for each parent.
Learn About Domestic Violence and the Legal and Service Interventions to
Stop It: Take advantage of any/all training activities (whether or not they are
mandatory); ask for more training opportunities if needed; consult with domestic
violence specialists (in-house or other) and request that multidisciplinary case
consultation meetings include someone knowledgeable about domestic violence.
Support and encourage co-workers and supervisors to do the same.
Be Proactive Within CPS: Communicate to supervisors and management a lack
of training opportunities, referral sources, or any other resources needed to
help families affected by child maltreatment and domestic violence.
Educate and Inform Others About Child Welfare Issues and CPS: When
interfacing with the domestic violence community, recognize that there are many
misunderstandings and preconceptions about CPS (e.g., many people are not aware
of the legal mandates governing CPS activities). Rather than be discouraged in
the face of this, try to educate and inform others in the community about how
CPS can (with others) help families in need. If possible, participate in
community-wide forums about domestic violence and share CPS's unique
perspectives.
Expect Challenges and Be Patient in Addressing Domestic Violence: Recognize that addressing domestic violence within families may require more effort in the beginning but that it will help the mother and child(ren), may prevent the case from re-entering the child welfare system, and may prevent injury and trauma to children. Barriers and mistrust between CPS workers and battered women's advocates will diminish over time with effective communication and collaboration, resulting in improved safety for families. |
Efforts by CPS supervisors can span both policy and practice areas (see
Exhibit VII.2). They set the tone for their unit of caseworkers, can encourage
and support caseworkers to take advantage of training opportunities, and can act
as an important back-up for caseworkers through case consultations and in other
advisory and supervisory processes. Supervisors can also advocate on behalf of
caseworkers and the families they are helping by communicating training and
other resource needs to higher level managers. Finally, there are a number of
changes in case practice that social workers and other line workers can make to
improve services to families affected by domestic violence (see Exhibit VII.3).
These include becoming informed about domestic violence, learning how to screen
for and identify it, placing a high priority on the safety of mothers as well as
that of children, and understanding that in some cases CPS can best help
children by helping their battered mothers.
The efforts underway in the five communities visited as part of this study
range from very low-cost options (adopting new questions and techniques when
interviewing mothers and children) to more expensive ones (hiring full-time
domestic violence specialists to consult with CPS caseworkers and model
best-practice approaches). Some of the most important and effective
prerequisites to bridging child welfare and domestic violence services are
relatively low-cost. These include participating in community-wide interagency
forums, learning and raising others' awareness about the overlap between child
maltreatment and domestic violence, and supporting other agencies' efforts to
improve services for families experiencing violence or abuse.
Low-cost activities are a way to begin changing CPS practice. But as
Massachusetts' experience makes clear, accomplishing system-wide change will
require substantial resources. It may be worthwhile to develop methods to
justify these resources, such as documenting the number of families in need,
tracking these families over time, and observing if they are more likely to
re-enter the child welfare system because of unaddressed domestic violence
concerns. Some of these methods are fairly easy to do and may help attract the
additional resources needed for more costly options such as hiring in-house
domestic violence specialists.
There is no single "right" approach; each one has advantages and
disadvantages. The appropriateness and success of any one approach strongly
depends on the conditions and circumstances within a particular agency and, as
the next section makes clear, the larger community. Agency- and community-level
factors that should be considered include whether CPS is administered at the
state or county level, degree of local agency/individual unit autonomy, ease of
establishing and monitoring the effort, willingness of staff at various levels
to take on new initiatives, previous experiences with new case management
approaches and innovation, the community's overall level of responsiveness to
domestic and family violence, and the level of resources available to devote to
the effort. Other important considerations are the expected longevity of the
initiative and, in the case of efforts that are limited to one part of the
agency, the potential to impact other portions of CPS.
The Importance of the Larger Community
Many agencies and individuals may be involved in responding to family
violence, providing many opportunities for cooperation and collaboration. This
study found many examples of such collaborations. The Family Violence Project
in San Diego was the result of a formal agreement between the adult probation
department and CPS. This link also gave regular CPS staff access to critical
information on criminal histories from the criminal justice system. CPS and
domestic violence agencies in several Oregon counties developed extensive
collaborative linkages including training, case consultation, and therapeutic
services for children. In another Oregon community, CPS and a local mental
health agency collaborated to develop a batterer intervention program in a
community that did not have one. The existence of this new service, in turn,
stimulated judges to include participation in the treatment program as a
condition of restraining orders and probation. Since batterers had to pay for
participation themselves, this further increased service availability. In Hilo,
the judge screens cases on the domestic violence docket and refers them to child
welfare if children appear to be in danger. Below we review the many
community-wide issues that CPS and other agencies involved in helping families
affected by domestic violence will need to consider. We examine various aspects
of the linkage between CPS and the domestic violence service community, as well
as other community-wide collaborations, especially those that foster information
sharing and expand access to treatment services. We conclude with a discussion
of more general community characteristics that may shape efforts to coordinate
services for CPS-involved families affected by domestic violence.
The Domestic Violence Community
To change policy and case practice around domestic violence safely and
effectively, CPS must consult with and involve battered women's advocates and
other experts from the domestic violence community. Without the input of
domestic violence specialists, CPS is likely to make serious and potentially
dangerous mistakes. This input must be sought despite the history of hostility
and antagonism between child protection workers and domestic violence advocates
in many communities. Bridging this gap is an important part of coordinating
services for families. Professionals from both the child welfare and domestic
violence communities have much to learn from one another. As they begin to
communicate and build trust, both sides are likely to evolve and benefit. Child
welfare workers can come to appreciate that in many cases children can be
protected best by protecting their mothers. Battered women's advocates can come
to appreciate that CPS has many legal obligations affecting its work with
families, and that it must act in the best interest of children when there are
conflicts with that interest.
As they work together, the two communities can recognize that while they see
many of the same families, there are also important differences in the
populations being served. As discussed below, domestic violence specialists
based in CPS agencies have found that many cases are much more complex and
dangerous than those they encountered in battered women's shelters. Once CPS
and the domestic violence community begin to share their concerns, experiences,
and perspectives, they can begin to make progress in coordinating efforts to
serve all families in need.
An important issue that arose in several sites concerned the appropriateness of existing battered women's service providers for helping CPS-involved battered women. Communities with well-established child welfare-domestic violence collaborations, including several in Massachusetts and Oregon, provided anecdotal information about the differences between CPS-involved battered women and women who traditionally seek help from battered women's shelters. Most battered women who have turned to emergency shelters and other support services have done so on their own initiative. In contrast, CPS-involved women are generally receiving treatment as part of an externally imposed service plan to keep custody of their children, and may not have reached the point of acknowledging the danger to themselves and their children. If they do seek shelter, it is often because CPS has told them they must do so or lose their children. Often these women are not willing or ready to end their relationships with their partners.(3)
Some communities have found that CPS-involved women are more likely than
women traditionally served by battered women's shelters to have active substance
abuse and serious mental health problems. They are also more likely to have
older children and children with special needs. Finally, some of these mothers
are teen mothers or may not speak English well.(4)
One key question that arises from these observations is whether or not
existing battered women's shelters are able or willing to accept CPS referrals.
Many shelters have requirements such as sobriety and participation in group
counseling that a newly referred CPS mother may not satisfy. Group counselors
at shelters in Massachusetts, for example, found that the mandated participation
of some CPS-referred mothers was undermining their effectiveness with other
shelter victims. Some of these CPS-referred mothers were unwilling to admit
that their partners had been abusive. As a result, a separate off-site support
group designed especially for CPS-involved mothers was established. It is
co-led by a shelter worker and a CPS domestic violence specialist.
Another feature that distinguishes CPS from voluntary domestic violence
programs is that CPS must work with the child's (abusive) father if he lives in
the child's home or if he wants to remain involved in the child's life. CPS
must also work with any other battering partners who live in the child's home.
This can be difficult if the mother is not prepared to leave her abusive
partner. Anecdotal information suggests that CPS-involved perpetrators of
domestic violence may differ from many of their non-CPS counterparts, just as
their victims often do. In Massachusetts, the clinical director of a batterer
intervention program that serves both CPS referrals and court-ordered
perpetrators observed that CPS-involved men tend to be more pathological,
dangerous, and generally lower functioning. He also remarked that they are
younger and less educated than their non-CPS counterparts, and because they are
not court-ordered into treatment, are much less likely to complete the program.
Differences between CPS-involved families and shelter-involved families
extend to the children as well. Two CPS offices in Oregon collaborated with
local domestic violence programs to develop therapeutic support groups for
children who had been exposed to domestic violence. Both pilot counties had
difficulty establishing these groups because the children were struggling with
many problems in addition to domestic violence, including their own physical or
sexual abuse. In addition, most of the children were in unstable living
situations either because they were in temporary foster care or because they
remained with their mothers in volatile and potentially unsafe environments.
Coordinating transportation for the children in foster care from locations that
were both geographically dispersed and temporary proved very challenging. One
of the specialists also noted that the children needed individual therapy before
they could benefit from group therapy, and that the group required almost one
adult per child to keep things on track.
Communities may want to consider whether existing domestic violence programs
can or should absorb battered women and their children identified by CPS or if
existing agencies should work together to develop spin-offs or new services. If
existing domestic violence services are already at capacity or are not always
appropriate for families involved with CPS, the option of developing new
services may need to be considered. Just as child welfare organizations in many
communities created the demand for new approaches and services for child sexual
abuse, CPS agencies should recognize that if they choose to reallocate funding
they can also foster the development of domestic violence services appropriate
for their families. It should be stressed, however, that whether they use
existing or newly established services for battered women and their children,
CPS should design these services in conjunction with battered women's advocates
and other experts within the domestic violence community, to be sure that
services do not further endanger or victimize mothers or children. Such a
collaborative approach can also ensure that services are not duplicated and
foster positive working relationships by sharing ownership with the domestic
violence community and establishing a two-way education process.
By addressing domestic violence issues within the context of child welfare,
CPS can be the impetus for improving community-based domestic violence services
more generally. Some battered women's service providers may be unable or
unwilling to serve CPS-involved women for a variety of reasons. Others may
recognize that only a small share of battered women in need of help ever enter
their shelter system, and that by coordinating with CPS and developing new
approaches for this population, they can reach a larger group of battered women
who would otherwise remain unserved.
There are many ways for CPS agencies to take advantage of existing domestic
violence resources and expertise in the community. They can bring these
resources directly into their agency, for example, either by hiring domestic
violence specialists (as is being done in Massachusetts), by contracting with
local domestic violence programs to provide staff to work with CPS workers and
families (as in Oregon's pilot sites), or by inviting domestic violence
advocates to sit in CPS offices for case consultations on a weekly or monthly
basis. They can also encourage other private providers with whom they contract
to address domestic violence issues (as Michigan is doing with its family
preservation services). Having domestic violence specialists on staff
demonstrates a high level of commitment to domestic violence concerns and builds
bridges between the domestic violence and child welfare communities. The need
for such bridges is clear: many domestic violence specialists hired by CPS
initially experience tension from within the child welfare system and also from
their former colleagues within the domestic violence community.
Other Options for Collaboration
Helping CPS-involved families affected by domestic violence cannot be done
by CPS alone. Part of any effective intervention with families subject to
domestic violence is to hold the perpetrators of such violence accountable for
their actions and to provide the resources needed to promote the safety of adult
victims. CPS has some role to play in this effort (e.g., by placing
responsibility on the batterer rather than charging the battered woman with
failure to protect her children). But offender accountability is primarily the
responsibility of the criminal justice system, including law enforcement,
prosecution, the courts, and corrections. CPS's only "stick" is the
threat of removing a child from the home: if only the mother cares about losing
her children, this threat is not a deterrent for the batterer. According to
domestic violence advocates in several communities, batterers often use the
threat of CPS action as another lever to intimidate and control their partners.
To hold the ultimate perpetrator accountable, CPS must be able to depend on
outside agencies to respond consistently and effectively to the batterer's
criminal behavior. In addition, CPS agencies must be able to rely on other
organizations in the community to provide many of the treatment services these
families need.
Community Coordination and Information Sharing
In some communities an effective response to domestic violence exists, but
CPS has not used the services of domestic violence programs or the criminal
justice system to its fullest potential. In other places, existing services are
not always appropriate or sufficient for CPS to refer all families in need.
Because the families seen by CPS often have many problems, they may not fit the
client profile accepted by existing community agencies. In any case,
communication between the multiple agencies involved is critical to inform CPS
of existing services and to enable workers to gain access to them, and for
communities to develop new services to meet the unique needs of CPS families in
domestic violence situations. Effective communication can begin to break down
mistrust and misunderstandings. Many communities have built effective responses
to domestic violence through formal task forces, but local child welfare
agencies are rarely involved. In some cases they have not been invited and in
other cases they have chosen not to attend. Conversely, few communities involve
domestic violence representatives on their multidisciplinary child abuse and
child fatality review teams, despite growing evidence that battering is often
present in these cases.
Many communities have found formal taskforces and councils to be an
effective means of beginning the process of collaboration. Some communities,
however, have based their interagency collaborations on more informal
connections, including individual-level relationships. Personal working
relationships are an important element of successful collaboration, but
enlisting the formal support of top-level administrators can accelerate the
process of change and make it more consistent. Collaboration that increases the
flow of information between agencies and develops and works toward shared goals
can help different agencies send a consistent message to all family members.(5) Consistency is critical, both to ensure that
a perpetrator is unable to manipulate the system to his advantage and to assure
a victim that her family will be safe after contacting the police or taking
other official action. Prompt police response, prompt issuance and effective
enforcement of restraining orders, and prosecution of violations of orders
involve many players including law enforcement, prosecutors, judges, and
probation officers. Furthermore, a coordinated community response to domestic
violence allows families to access appropriate services regardless of how or
where they enter the social service or justice system--by calling 911 or a
domestic violence shelter or crisis line, applying for a temporary restraining
order, or having contact with a child welfare agency (Clark et al. 1996).
CPS agencies in communities such as those examined in Hawaii, Massachusetts,
and Oregon, have formal access to criminal justice information. Others rely on
the benevolence of particular police officers or are limited to one computer
terminal or one designated worker within the agency to obtain criminal
histories. Other information-sharing arrangements were also found in the states
and communities we visited, including sharing information between probation and
CPS, and joint visits conducted by family preservation or CPS workers with law
enforcement officers to discuss potential legal ramifications for the batterer.
Many professionals throughout the country are mandated to report child abuse to
their state child welfare systems. But opening lines of communication and
building trust have inspired judges, prosecuting attorneys, hospital workers,
and battered women's advocates in some communities to probe more deeply into the
well-being of children in families where only domestic violence is immediately
evident. If evidence is found that children are in danger, these authorities
may then make a referral to CPS.
Increased communication within the court system can also improve the
response to victims in violent households. Families in the justice system due
to both child maltreatment and domestic violence may be involved in several
court cases simultaneously. A child maltreatment case may be active in both
juvenile (civil) court and criminal court, while any of a number of courts may
be involved with domestic violence depending on the nature of the action (civil
or criminal), the level of offense if criminal (misdemeanor or felony), and
locale (district versus municipality). Divorce and custody issues between
parents are often settled in another court (civil family court). Each community
has its own unique and often complex court system. More often than not there is
little or no systematic means of communication among courts, or between the
courts and CPS. This can cause a great deal of confusion for families, and may
have harmful repercussions when orders conflict, as when custody and visitation
provisions are incompatible with the provisions of restraining or stay-away
orders.(6) Small communities and those with
more unified court systems are at an advantage because one judge often presides
over several courts. In these situations, one judge may hear all cases
involving a single family or the judge can call up information about other court
cases when deciding on the matter before the court. It is still up to the
individual judge, however, to access information from other court cases to
inform his/her decisions. Some judges have reported that they intentionally try
to keep cases coming before them quite separate in their minds despite hearing
all of them, while other judges take full advantage of access to information
even when they personally have not heard all of the various related cases.
The sharing of information among cases involving members of a single family
is an important potential advantage to unifying all civil and criminal family
cases into a unified family court. Many nationally recognized domestic violence
experts, however, are concerned about the effects of unified family courts
(Battered Women's Justice Project 1994). One important objection is that by
moving domestic violence cases out of the regular criminal courts, some people
may view domestic violence offenses as being less important or less serious than
other criminal offenses. This concern, which was also raised by battered
women's advocates in Michigan, is quite understandable given that much of the
progress made in addressing domestic violence has been achieved through the
criminal justice system (by ensuring that laws treat domestic violence as a
serious crime). Many advocates at the national level also want to ensure that
battered women continue to have available to them the full range of criminal and
civil court options. Some fear that one side (civil or criminal) may suffer if
unified within a single court. Finally, advocates have also noted that family
violence is only a small share of all court-based family matters. By unifying
all cases within a family court, domestic violence and other forms of family
violence issues might get inadequate attention. In the case of this last
concern, a unified domestic violence court (Merryman n.d.) is less problematic
than a unified family court. These same advocates argue that before
establishing a unified family court, communities should identify the specific
problems that need to be resolved and explore the full range of solutions to
that problem. In the case of inter-court information sharing, they note that
there are many ways of addressing this issue without unifying the courts
involved.
Treatment Services
A critical community resource is the availability of affordable, accessible,
and appropriate and effective treatment services for battered women, children,
and perpetrators. Without adequate referral options, CPS workers may even be
reluctant to screen their cases for domestic violence. Documenting the presence
of domestic violence in the CPS caseload may help agencies justify the need for
new or expanded treatment options.
Many batterer intervention programs are available in this country, but there
is little evidence that they have a long-lasting and significant impact on the
behavior of batterers (see Edleson 1995a; Gondolf n.d.; Tolmon and Edleson
1995). Many of these programs base their approach on the theory that battering
is a manifestation of male power and control supported by societal attitudes and
structural arrangements. Others are based on simple "anger management"
or behavior control principles that treat battering in the same way they would
treat fear of heights or smoking cessation. One promising program that has not
been adequately evaluated bases its approach on psychological principles of
attachment, affect, and individuation theories (Stosny 1995). Some states have
minimum requirements for the number of sessions in approved programs.
California's is among the longest at 52 weeks. In other states, judges order
offenders into programs as short as a single Saturday afternoon.
Community Characteristics
Every community is unique and has a variety of strengths on which to build.
Just as efforts to change case practice for families affected by domestic
violence can begin from a variety of points within the CPS agency, different
starting points can also be found in the community at large. If a community
already coordinates its efforts and collaborates in a given area, child welfare
and domestic violence groups can begin by working within such forums. Hawaii,
for example, has a well-established network of Child Advocacy
Centers--child-friendly centers jointly supported by the state judiciary and
private community donations. These centers were originally designed to help
with the investigation and prosecution of child sexual abuse cases. They are
also a key point of coordination for families involved in multiple court cases.
Center staff are now hoping to attract cases other than sexual abuse. CPS and
other community agencies may want to use such centers when working with families
affected by child maltreatment and domestic violence.
Other community characteristics will also affect how various agencies will be able to come together to help families affected by both child maltreatment and domestic violence. These include a community's size and its urban or rural status. Service delivery systems in rural areas, for example, have several distinct features.(7)
Rural systems are likely to be informal and personal rather than formal or
bureaucratic, even when a service agency is involved. Often agency staff and
their clients know each other or their families quite well.(8)
Service providers are also likely to know one another and to have a long
history of mutual referrals. Often, agency staff know which agencies have
resources at the moment and what types of resources they have. There are also
important informal linkages to religious organizations and other unofficial
sources of community assistance. There are many advantages to this quality of
small-town service delivery. One can build on the many informal supports
present in rural communities.
Small communities may have to rely on the willingness and ability of one
critical person, such as a judge, to cooperate in this effort. Once this person
is on board, however, change can occur more quickly in smaller communities than
in larger ones. Other members of the community can lay the groundwork to
educate and encourage all higher officials to understand the importance of
particular issues and to take advantage of new opportunities as they arise.
Other factors such as isolation, large geographical distances, a lack of
resources, local attitudes and politics (including a denial of social problems),
and a lack of knowledge of successful efforts in other communities mean that
rural service providers may find it difficult to organize an efficient service
delivery network for families affected by violence.
Complex Policy Questions
The site visits conducted for this study uncovered a number of complex
policy issues which communities find themselves addressing either explicitly or
indirectly. These policy questions, which reflect many philosophical issues
include: (1) Should CPS actively seek out domestic violence cases potentially
involving child abuse/neglect, in addition to screening for domestic violence in
its existing caseload? (2) How should CPS handle cases in which a child
witnesses domestic violence, but in which direct evidence of physical abuse or
neglect is lacking? (3) Should CPS mandate battered mothers into counseling or
other treatment services related to domestic violence, especially if the mandate
involves forcing her to leave her home (and leaving the batterer in it)?
There is no one right answer to these questions. What is right and makes
sense for one family or community may not for another. What is important,
however, is to include major community stakeholders in the decision-making
process and to begin by building on the community's strengths. Working with the
larger community means that everyone knows what has been decided, and may ensure
that a family's service needs beyond the scope of CPS are met by other
organizations in the community. As expert members of a recent policy roundtable
on many of these issues advised, communities should move ahead one step at a
time, blend policy and practice, and recognize that CPS is a finite resource.(9) They also noted that it is important to stay
grounded in reality and to be practical.
Identifying Cases Affected by Both Child Maltreatment and Domestic Violence
The first issue that CPS and other agencies will want to consider is how to
identify families and children who are affected by both child maltreatment and
domestic violence. As a first step CPS should screen its own new and existing
cases for domestic violence, and be prepared to offer needed services
accordingly. These services may be offered directly by CPS or through referral
to experienced providers in the community.
Once CPS has established safe and effective screening procedures and service
systems for its existing cases involving domestic violence, it may want to work
with other service providers or agencies in the community to ensure that those
families with domestic violence who are also maltreating children are referred
to CPS promptly. One way to do this is to train organizations and individuals
who see victims of domestic violence to ask about the presence of children in
the household, and to get a sense of their exposure to the domestic violence and
their risk of being harmed. Child welfare and battered women's experts, working
together, should develop screening and interviewing questions to be used in
these efforts. People to be trained might include domestic violence service
providers, law enforcement officers, emergency room personnel, and judges or
court clerks who review applications for protection orders. Many of these
individuals are mandatory reporters who must report incidents of child abuse or
neglect once they become aware of it. In Hilo, for example, the family court
judge asked about the presence and whereabouts of children during the court
proceedings on protection orders and their violations. He only referred cases
where he thought the harm to the child was enough to warrant CPS involvement
regardless of the domestic violence, and he uncovered these situations by
probing beyond the standard practice of most courts. In Ann Arbor, the domestic
violence program has teams on call to respond immediately to homes where a
report of domestic violence has been made to the police and children are
present. While one advocate talks to the adult victim, the other advocate
speaks with the children. If a referral to CPS seems necessary, the advocate
encourages the mother to contact CPS herself or makes the referral directly.
Some local communities have established systems in which law enforcement
agencies automatically route all reports of domestic violence to CPS when
children are in the home. CPS then screens the cases as it would any other CPS
referral, and acts if the threat of harm is detected. While this approach may
succeed in identifying families in real need of CPS intervention, CPS should
expect a major increase in referrals and should carefully consider whether it
can handle the volume of screening and is able to provide all such families with
safe, effective services. In mid-1995, for example, referrals to San Diego
County's Children's Services Bureau more than doubled after the City Police
Department began referring all domestic violence cases with children in the
home. The state of Massachusetts implemented this policy in 1989 but revoked it
in 1990, after experiencing a dramatic increase in the number of reports and
observing that battered women were less likely to seek help if their children
were automatically reported to CPS. Massachusetts adopted its 1989 policy
before providing appropriate training or clinical support and concluded that it
was ineffective and potentially dangerous.
Child welfare and domestic violence workers alike are concerned that if
automatic referrals of domestic violence cases to CPS are handled
inappropriately, battered women may be placed in further danger or be less
likely to seek help. For example, one local office in San Diego County was
unable to respond in person to all the domestic violence police reports it
received, and instead sent an information packet to each woman's home. Other
child welfare staff worried that these packets might be seen by the batterer,
who might then blame the mother for seeking assistance. Another child welfare
caseworker was concerned that women would be less likely to seek help from
police if they learned that they would be reported to CPS. Domestic violence
workers in a community in Oregon shared these fears. These examples illustrate
that even the simplest actions may have unexpected consequences, and need to be
carefully considered.
Many families experiencing domestic violence do not meet legal definitions
of child maltreatment and do not belong in the CPS system. Often, these
families would be best served by other local agencies or organizations in the
community. In general, CPS should work with battered women's organizations and
others:
To determine the criteria under which children in families with
domestic violence should be referred to CPS for investigation,
To establish how risk of abuse and neglect should be assessed in an
environment of domestic violence, and
To develop appropriate services and service delivery strategies for
these families in a variety of community agencies as well as CPS.
One factor that should be considered when determining how to help families
affected by domestic violence--but in which there is no direct (threat of) abuse
or neglect of the children--is the availability of supportive services for
children and their mothers and sanctions against batterers other than those
provided through CPS.
Does Witnessing Equal Abuse?
A second and related issue concerns whether or not witnessing domestic
violence in and of itself constitutes child abuse that warrants CPS
intervention. As CPS agencies and communities generally become more aware of
children who live in families experiencing domestic violence, there is a natural
inclination to include them in CPS protection efforts. States and localities
must use extreme caution, however, in expanding legal definitions of child
maltreatment based on new levels of awareness or current trends. What is
essential is that the risk of harm to children be assessed properly and safely.
Children attach different meanings to their experience of "witnessing"
abuse. That experience is shaped by many factors such as the child's age,
relationships with the offender and the non-offending parent, the chronicity and
severity of the abuse, and the child's "witnessing" of the community's
response.
Several communities visited for this study include domestic violence as one
risk factor for the emotional abuse of a child. Within a general framework of
risk, the legal burden of proof required to link violence between the parents to
the emotional well-being or behavior of the child varies considerably from place
to place. In one community in Oregon, child welfare workers found it impossible
to use allegations of emotional abuse as a basis for intervening with a family.
In another community in the same state, domestic violence to the mother, without
evidence of direct physical harm to the child, was accepted as a primary basis
for the child welfare agency's gaining jurisdiction over the family (under the
premise that witnessing domestic violence emotionally harms the child). In this
second community, the agency equated witnessing domestic violence with child
abuse. According to staff at one battered women's shelter in that community,
they and other mandatory reporters in the community were required to refer all
battered mothers to CPS for screening.
Many experts in the field agree that domestic violence should not be equated with child abuse or neglect.(10)
Such a policy does not take into account variations in the severity of
abuse within domestic violence cases, or the extent to which parents succeed in
protecting their children from harm. Domestic violence should be one factor in
assessing a child's risk but decisions should be made based on each family's
unique situation. Establishing the broader criteria for CPS referral and
screening should be discussed and decided at the local level with input from the
wider community and the domestic violence community, in particular.(11)
Finally, many of these complex issues highlight the need for prevention
services. If CPS must limit the types of cases it can serve, one must ask what
services should be available to more "borderline" families and who
should provide them. Should CPS provide voluntary services to these families or
should other organizations and agencies in the community consider doing so?
Michigan's program allows domestic violence shelters to refer families who are
at risk of child abuse or neglect to Families First, expanding the pool of
families eligible for intensive services to families who might otherwise lie
outside the child protection system. Rather than expand the definition of child
abuse in order to serve children affected by domestic violence, Michigan has
chosen to provide prevention services to these families through this alternative
mechanism. Because they lack alternatives, other states might find it necessary
to use threat of harm or emotional abuse as a basis for bringing families into
the child welfare system and providing them with services.
Mandated Treatment
A third issue concerns mandating battered women into treatment for domestic
violence-related issues. Virtually all domestic violence services rely on a
woman's voluntary request for services as the philosophical starting point for
her further empowerment. Requiring a woman to receive services, as CPS might do
as part of its plan to maintain or reunify the family, is antithetical to the
philosophical underpinnings of these programs.(12)
Many domestic violence advocates feel that mandating a battered woman into
treatment further victimizes her. One director of a domestic violence program
stated that in the past she has refused to take CPS referrals because of this
concern. Most individuals we spoke with prefer that battered mothers choose
willingly to participate in domestic violence-related treatment such as support
groups and counseling.
Many respondents acknowledged, however, that in some cases CPS must require
battered women to receive these services to protect children. This opinion was
shared by child welfare workers, domestic violence advocates, and even several
CPS-involved battered women. Several people also observed that by including
non-residential domestic violence-related treatment in their service plan,
battered women can justify their attendance to their partners by explaining that
it is required of them. Under more voluntary circumstances, the partner might
not allow the mother to attend treatment sessions.
Other battered women's service providers who had mixed feelings about
accepting CPS referrals agreed to do so on the condition that they not be
required to monitor the mother's behavior for the child welfare caseworker.
Therapists and other providers of services to battered women are often very
protective of the privacy and confidentiality of their work with battered women.
This professional ethic of confidentiality is fundamental to the therapeutic
approach, since the success of such an approach requires that a battered woman
trust the therapist enough to disclose sensitive information. Therapists who
work with battered women and their children often learn of information that is
of great use to CPS and its work with the family, information that can be used
to gauge if the family is following its service plan, and to assess if new
approaches or services are needed. Exactly what information therapists are
willing to share with CPS, however, varies. Some therapists may be unwilling or
legally unable to report to CPS any information about battered women, while
others may be willing to disclose helpful information with their client's
permission. Some may be willing to report to CPS whether a mother is attending
therapy sessions regularly. Others may be willing to alert CPS if they are
concerned about the safety of the children (in situations which fall short of
the threshold for a mandatory report of child abuse or neglect). Finally, some
are willing to share information about a battered mother's progress in very
general terms.(13) As CPS and domestic
violence service providers begin to work together more effectively, they can
establish agreements that help each of them promote the recovery, safety, and
well-being of mothers and children. Otherwise, relationships between CPS and
the therapeutic community can become quite strained. In one community visited,
a domestic violence counselor who was not affiliated with the long-standing
domestic violence program in the area, reported back to child welfare workers on
the content of her sessions with battered mothers as a condition of her service
contract with CPS. This same counselor, however, was hesitant to hear sensitive
information from her clients.
A more contentious issue for domestic violence providers is when CPS orders
a woman and her child(ren) to leave their home and enter a shelter or safe
house. When feasible, it is the batterer who should be required by the courts
to leave the home. And CPS should work with law enforcement to prevent him from
returning. If, however, CPS cannot be assured of the children's safety in the
home, shelter may be the safest option for a mother and her child(ren). CPS
must also work with mothers in identifying their options and making the safest
choices. These scenarios are complicated when a mother does not want to leave
the perpetrator (or does not support his leaving their home) or feels unable to
do so because of safety concerns. These situations can best be resolved on a
case-by-case basis by a domestic violence advocate working with CPS staff.
A Final Issue--Evaluation
A final important issue facing CPS administrators as they begin to change
policy and practice regarding domestic violence is how to document the impact of
their efforts. Strong evaluation results can assist administrators in
determining which specific changes have made a positive difference and are worth
maintaining. In addition, decisionmakers will be interested in longer run cost
savings (e.g., from more effective case management, lower recidivism, improved
worker safety) resulting from new specialized staff or new contracted services,
and whether the increased commitment of resources pays off in improved child
well-being.
Several of the communities visited for this study are beginning to think
about how they might evaluate the impact of the changes they have made. One
researcher stressed the importance of thinking about evaluation early on and
integrating it into the design of program changes. In particular, desired
outcomes and the ability to measure them should be identified and developed at
the outset. Many communities were hindered by information systems that did not
automatically collect the relevant data. For example, computerized forms had no
place to indicate the presence of domestic violence, and no questions on the
screening protocol asked about domestic violence.
Policymakers will want to think carefully about the outcomes that most
closely resemble their stated goals. Community involvement, particularly that
of domestic violence advocates, may be desired in determining the goals of the
changes and how to translate goals into specific indicators. Collaborators in
Michigan determined that their primary goal is to empower women to make informed
choices, regardless of what these choices may be. Outcome measures they are
currently considering include: (1) a greater use of personal protection orders,
(2) having safety plans in place, (3) lower levels of depression among women,
(4) an increase in the social network of women, and (5) whether women feel safer
and believe that they have more options. These measures help show whether a
family is better off, regardless of whether the woman chooses to remain with or
return to the batterer. Other indicators that may useful in making persuasive
cases to budget-minded legislators will include changes in out-of-home placement
of children (both frequency and length of stay), measures of children's
well-being, recidivism of families, and the length of time their cases are open
to CPS. Care must also be taken, however, to understand how better knowledge
about domestic violence issues may appear to affect certain outcome measures
negatively. These might include increases in caseload size and, given the added
complexities and challenges of dealing with domestic violence issues, increases
in the average length of time cases are open. These effects are not necessarily
bad if the policy and practice changes also lead to improved safety and
well-being among children and their battered mothers, and to fewer cases
reappearing in the system at later dates. These more positive outcomes should
also be measured and documented.
If a state agency is considering enhancing or changing its management
information system, adding the ability to assess the prevalence of domestic
violence in the caseload may provide the necessary preliminary evidence to
persuade legislators or other decisionmakers of the seriousness of the issue,
regardless of whether other policy or practice changes are being made. Note,
however, that without training workers in appropriate techniques for screening
cases for domestic violence, initial counts will likely be underestimated.
Conclusions
The fields of child welfare and domestic violence share one essential
feature: they are both committed to ending violence in families. As the growing
body of research documenting the overlap of child maltreatment and domestic
violence within families makes clear, child welfare and domestic violence
professionals must begin to cooperate more closely in their efforts to help
families in need.
There are a number of ways in which CPS and domestic violence advocates can
move forward together to serve families affected by multiple forms of violence.
The complexity of this task is perhaps the main reason why existing services
have not met needs. Requiring that CPS serve all families with abused and
neglected children, regardless of whether the family wants CPS involved, raises
different service delivery questions than those arising from families' a
voluntary request for services, typical for domestic violence service providers.
A woman's acknowledgment of the danger facing her and her child(ren) and her
decision to leave or remain with the batterer do not alter the need for some
mechanism to support and protect both the mother and her children. These
factors do, however, affect how workers should proceed. Domestic violence can
overlap with the abuse or neglect of children by either or both parents.
Regardless of who is the offending parent, the larger context of spousal
violence must be addressed. In particular, the degree of danger faced by
children, mothers, and CPS workers creates an urgency for working with these
families and a need to proceed with the utmost care, safety, and creativity.
Developing a system response able to deal with these complexities requires a
number of elements. Because CPS alone cannot respond to domestic violence,
substantial involvement of other community members is necessary to develop
appropriate procedures. Existing providers of services to battered women have a
great deal of knowledge that CPS agencies and workers need to incorporate into
their practice. At the same time, CPS, domestic violence service providers, law
enforcement officials, and others must work together to develop new services and
service delivery strategies that stretch the existing boundaries of their
professions. The responsibility to help families affected by both domestic
violence and child abuse does not rest with either CPS or domestic violence
advocates alone.
CPS agencies can also begin to take steps on their own. In addition to
calling meetings to begin collaborative efforts, CPS can invite input on
training curricula, hire domestic violence specialists to consult with case
workers, and change the agency's philosophy to reflect the importance of the
mother's safety as part of her ability to protect her child(ren). Our site
visits provide many examples of ways in which CPS agencies have begun to enhance
their ability to serve families in which the mother is being battered.
The site visits also revealed a number of other requirements that
consistently appear to enhance CPS's ability to implement change. Staff
awareness, understanding, and motivation coupled with tools and resources were
all found to be necessary ingredients for sustained systems change. Without all
of these ingredients, communities were much less likely to succeed. Providing
workers with proper education and training, as well as ongoing technical
assistance (e.g., in-house or contracted domestic violence specialists), created
the understanding and motivation within individual caseworkers to improve their
case practice. It also gave them the tools and procedures needed to realize
these improvements. Ongoing technical assistance appeared to make a more
lasting difference than initial training alone on workers' ability to put the
content of training into practice on a daily basis.
The site visits revealed a number of interesting options for the location of
initial change within CPS, but the need to reach out and collaborate with
outside agencies was universal. As evidenced by the diversity of approaches
undertaken by CPS agencies, individual child welfare workers, and domestic
violence specialists, addressing domestic violence in CPS families often
requires a great deal of commitment and innovation. Whether by thinking of new
formal collaborations, finding ways to reach out to previously unserved
families, or developing safety plans for mothers and their children, addressing
domestic violence requires skill, creativity, and insight.
Finally, it is important to recognize that this process is neither easy nor
swift. Any systematic change takes time, regardless of the nature of the issue.
Historical tensions between the child welfare and battered women's communities,
together with society's attitudes toward violence against women, further
complicate the process. These complexities mean that members of each community
must work together to design their own approach.
Several people interviewed for this study compared CPS's current response to domestic violence to that of the child sex abuse issue ten years ago. At one time, child sexual abuse was ignored due to its "controversial" nature. Now many communities provide support and compassion for the victims, and training on and services for child sexual abuse are an integral part of all CPS systems. Efforts to change the system's response to families affected by domestic violence will similarly take a great deal of time, effort, and resources, and must include a strong level of philosophical and financial commitment from CPS and other community partners.
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Notes:
1. CPS workers in several communities noted that they work with clients' probation officers whenever possible. Instances of informal collaboration, however, were usually limited to individual workers and were not evident or feasible in all locations visited. The effectiveness and longevity of such relationships can be increased with the help of institutional support.
2. HomeBuilders is a model program of intensive family preservation services established in Tacoma, Washington in 1974.
3. Note that this is not unique to CPS-referred battered women. Many battered women choose to stay (or return) to their abusive partners. Some ultimately leave these partners and others do not. Unlike their non-CPS counterparts, however, many CPS-referred battered women have never independently sought help from a domestic violence program.
4. These differences do not apply to all communities, and will depend on many factors including the characteristics of CPS-involved and other battered women.
5. A major issue affecting interagency information sharing is the problem of confidentiality of client information. In the case of child welfare agencies and domestic violence service providers, some of these confidentiality constraints are legally mandated, while others are grounded in professional ethics and the need for trust as a basis for successful provider-client relationships. A full treatment of this issue is beyond the scope of this study.
6. In San Diego County, it is not uncommon for cases transferred to the Family Violence Project to have criminal and juvenile court orders that conflict with one another. In these cases the CPS social worker-probation officer team jointly reviews the orders, consults with their supervisors and, guided by a standard of what is best and safest for the children and family, goes back to one of the courts to have the order modified as needed.
7. Many of these findings have also been documented in studies of services for homeless people (Burt 1995) and people needing mental health services (Center for Mental Health Services 1993) in rural areas.
8. There can be disadvantages to this personal familiarity. Women may be less likely to seek help from someone they or their partners know. In addition, service providers may be less likely to act if they know the people involved (e.g., the police may fail to arrest someone they know).
9. "Domestic Violence-Children's Protective Services Roundtable, Ann Arbor, Michigan, June 21, 1996," draft summary prepared by Susan Kelly and Janet E. Findlater, Michigan Family Independence Agency, 1996.
10. Draft summary of a Domestic Violence-Children's Protective Services Roundtable, Ann Arbor, Michigan, June 21, 1996.
11. Just as domestic violence service providers can screen for risk of child maltreatment, incoming referrals to CPS may be one way of identifying families experiencing domestic violence early, especially when other efforts at help seeking have been ineffective or limited. After initial assessments by CPS and domestic violence service providers, many of these families can and should be helped by voluntary community-based services.
12. Not all child welfare service are mandatory. Participation in family preservation services, for example, is usually voluntary.
13. Note that like many other professionals, therapists who learn of child abuse or maltreatment are required by law to report this information to CPS.