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2010 First Judicial District Domestic Violence Conference
Improving the Response
to Children in Domestic
Violence Cases
Sa...
Please turn off all
cell phonesOr put them on vibrate.
Thank you!
Action Planning. . .
 BASED ON WHAT I’VE LEARNED @ THIS
CONFERENCE, I WILL MAKE AT LEAST 2
CHANGES IN MY WORK:
 WHAT I’L...
I. Successful Prevention
A. Early intervention is key for children exposed
to DV.
*Risk factors include “premature birth, ...
1. Relief Nursery, www.reliefnursery.org
 Crisis response for families in urgent need
 Outreach for Isolated and/or New ...
Relief Nursery outcomes:
 Child Abuse Reports: After 1 year with the program, 95%
of families receive no further reports ...
Survivor Support Network =
Students & community volunteers assist
victims with ANY need
 Fundraise to pay rent &
other bi...
COURT WATCHES:
 Volunteers document victim treatment in
the courts for civil, criminal & child
support proceedings.
 Dev...
2. Harlem Children’s Zone
www.hcz.org
 Founder Geoffrey Canada: "If your child comes to this
school, we will guarantee th...
www.hcz.org
 Nearly all the children in HCZ live in poverty — &
2/3 of them score below grade level on standardized
tests...
III. Responding to Children at the
Crime Scene
A. Law Enforcement Response to
Children at the Crime Scene
 Sure access to...
1. Focus groups with kids of DV:
 Asked kids:
1. “What are we doing that helps?”
2. “What are we doing that does NOT
help...
6 Essentials with Kids @ Scene:
1. Put in report # kids living in home + # who
witnessed incident;
2. Talk with kids alone...
B. Non-Testimonial Statements to:
 Neighbors
 Teachers
 Doctors
 Friends
 Family
 Anyone NOT a government agent.
C. Protect Mom = Protect Child
 Interveners must remember that when a
victim recants or seeks to withdraw
orders, she is ...
G. Talk to Recanting/ Reconciling Victim
1. I’m afraid for your safety.
2. I’m afraid for the safety of your
children.
3. ...
24/7 ~ 140 languages
Nat’l Domestic Violence
Hotline:
1-800-799-SAFE
Some Faith Community Resources:
1. Faith Trust Institute provides technical
assistance on DV & Sxl Assault and Faith
www.f...
V. PROTECTING CHILDREN
PRE-TRIAL
A. WITNESS TAMPERING: High levels of child
witness intimidation and coercion, with
devast...
…
C. WARN CHILDREN THEY MAY BE
THREATENED & TO TELL YOU IF
THEY ARE.
D. PROVIDE CHILDREN WITH ARRAY OF
SAFETY PLANNING TOO...
VI. PROTECTING CHILDREN
DURING TRIAL
A. Trained victim advocates accompany
victims to and during court, to the extent
the ...
C. TRAINED DOGS for CHILD
ABUSE VICTIMS
 Valerie Wynn, Mary Parrish Ctr,
Nashville # 615-256-5959
 Betty Ann Whitten, Ty...
VII. PROTECTING CHILDREN
POST-TRIAL
A. On-going SAFETY PLANNING,
including warning of possible
retaliation
B. On-going che...
 VIII. JUST AS UNIVERSAL
SCREENING FOR DOMESTIC
VIOLENCE HAS BECOME PART OF
THE STANDARD OF CARE FOR
MEDICAL AND MENTAL H...
…
A. Interveners must initiate questions about abuse
in the household during the first meeting to
assess the immediate saf...
VIII. Community Safety
Audits 
The question to be answered is,
“How does this (practice,
policy, rule etc.) enhance or
di...
Adapted from:
“The Duluth Safety and
Accountability Audit; A Guide to
Assessing Institutional
Responses to Domestic
Violen...
A. Include in Audit
1. Child Protective Services
2. Child Advocacy Center
3. Law Enforcement
4. Prosecutor’s Office
5. Cou...
B. Start with most receptive
organizations.
 Makes sense to go through process
most cases follow, but not always
possible...
IX. The Northwestern (MA.) District Safety
and Accountability Audit - INTRODUCTION
 It is a look at whether the
responses...
A. 6 steps to performing a safety audit:
1. Forming and preparing an audit team
2. Determining what stage of the process t...
B. Scope of the Audit
 Eventually want audit all systems,
but it made the most sense to start
at the beginning of the cha...
Interviews
 Personnel were eager to talk about their
thoughts & feelings regarding their work.
 Many greatly appreciated...
C. Focus Groups
 While the rest of the audit team was
conducting interviews and observations, the
safety audit coordinato...
G. Police ~ Training
 Training is central to addressing many of
the identified issues with police response.
 What should...
Police ~ Recommendations
1. Every police department should
have comprehensive written
policies specific to responding to
c...
State guidelines for investigation should be
followed, including:
1. Complete identification & interview
of reporting part...
Risk Questions for Adult ~ Adapt for Kids
1. Do you think s/he will seriously injure or
kill you or your children?
2. What...
Predominant Aggressor Considerations,
Including Juvenile
Compare the following:
 Severity of injuries of each party & lev...
Additional Issues:
 Response time
 Including Children in Protective Orders
 Protective Orders & Police Response
 Track...
IX. Zero Tolerance for
Witness Tampering/ Retaliation
= most common child abuse &
DV offense but least charged
A. How does...
Q: What Works to counter
witness tampering?
A: WRAPPING
CHILDREN IN SERVICES
– providing what child needs
to be safe . . .
B. Next Steps to Meet Standard of
“INTENT TO SILENCE” VICTIM:
1. Document FULL HISTORY of ABUSE,
including isolation & thr...
Post-Crawford, Davis & Giles Need:
1. Photos (not testimonial)
2. Medical & EMT Records (with diagnosis)
3. Business Recor...
C. FRE Rule 404(b) permissible purposes for
admitting DEFENDANT’S PRIOR BAD ACTS:
1. proof of motive,
2. intent,
3. plan,
...
Classic Abusive Relationship, cont’d.
 Justice Souter’s concurrence:
 intent to silence should be inferred with
proof of...
Classic Abusive Relationship, cont’d.
 J. Souter adds, “If the evidence for
admissibility shows a continuing
relationship...
D. Doctrine of Forfeiture by Wrongdoing
 “The rule of forfeiture by
wrongdoing (which we accept)
extinguishes confrontati...
 Medical Records
Release Form
Authorization For Release of Information
To:_______________________________________________...
XI. Safety Plan: Action Plan to Keep Child Alive
 Adult & Child Safety Plans in every
bathroom, school, library, youth
or...
A. Ensure Safety Plan covers:
 FAITH – what resources & support?
 RACE/ CULTURE – what issues are
important for child & ...
B. 6 Things to Say to Child:
1. I am afraid for your safety.
2. I am afraid for your parent’s safety.
3. It will only get ...
C. Recanting Child & Adult Victim
 Victims report very effective to say:
“YOU DON’T DESERVE
TO BE ABUSED.”
You can add:
...
D. Family Economic Empowerment
1. TANF/ welfare for family of 3 per mo:
MS. $170 ~ TX $213 ~ OR. $460 ~
MN $532 - Alaska $...
Teach Kids S.A.F.E.
 S = STAY OUT OF THE FIGHT
 A = ASK FOR HELP
 F = FIND an ADULT WHO WILL
LISTEN
E = EVERYONE KNOWS ...
D. Audit to Protect Pregnant Women:
1. 30% pregnant women abused – means
must increase screening & resources to them.
Drs....
E. Audit to Screen for Kids as Direct or
Indirect Victims, e.g., exposure to domestic
violence shows increased rates of:
...
Drs. Perry, Jaffe, Adams:
“CHILDREN DO NOT NEED TO
BE PHYSICALLY ABUSED TO
TAKE ON VIOLENT &
DELINQUENT BEHAVIOR; IT IS
EN...
e.g., CO: police must
document if children
saw or heard DV offense.
Gives court essential info to
better provide services ...
F. Make Child Safety #1 Priority of CPS
*Currently most states mandate family
preservation & family unification as
priorit...
*Often Best Way to
Protect Kids = Protect
Mom/Caretaker
According to Boston & San Diego
Children’s Hospital Child Protecti...
F. Presumed Restitution
 At least 10 states and the federal
gov’t now REQUIRE restitution to
crime victims for all expens...
XII. Cultural Competence
A. Judicial Oversight Initiative:
Milwaukee County: city vs.
suburban police responses:
whites ...
As a result:
Blacks = 24% population,
but = 66% of domestic violence
cases in DA office;
Whites = 62% pop, but = 32% of
dv...
B. Similar bias with drugs:
 African-Americans constitute just 13% of
all drug users,
 But = 35% of defendants arrested ...
Women of Color
 Incarceration of all females increased 88% from 1990
to 1998,
 But 2/3 are women of color, most of whom ...
Pregnant women defendants. . .
Research shows drug & alcohol abuse
rates are higher for pregnant White
women than pregnant...
C. Youth of Color
= 32% of youth,
but 68% of those
in secure detention
Burns Institute works to reduce
overrepresentation of youth of color
in the juvenile justice system. This IS
a solvable pr...
XIII. Audit Info to Kids
1. Safety Plan Brochures, coloring books,
posters, PSA’s
2. Ensure info to kids at many sources ...
Collaboration w Faith Community
 Ensure breaking silence of abuse
 Faith Trust Institute provides technical
assistance o...
Nat’l Council of Juvenile &
Family Court Judge’s
 Resource Ctr on Domestic Violence, Child
Protection and Custody
 Juven...
Resources
 American Bar Association’s Commission
on Domestic Violence:
www.abanet.org/domviol
 Battered Women’s Justice ...
Helpful Books
 The Verbally Abusive Relationship by Patricia
Evans (practical guidance)
 Getting Free by Ginny NiCarthy ...
Audit children
Audit children
Audit children
Audit children
Audit children
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  1. 1. 2010 First Judicial District Domestic Violence Conference Improving the Response to Children in Domestic Violence Cases Sarah Buel, Clinical Professor & Director, Halle Center for Family Justice, AZ State U. Sandra Day O’Connor College of Law sarah.buel@asu.edu
  2. 2. Please turn off all cell phonesOr put them on vibrate. Thank you!
  3. 3. Action Planning. . .  BASED ON WHAT I’VE LEARNED @ THIS CONFERENCE, I WILL MAKE AT LEAST 2 CHANGES IN MY WORK:  WHAT I’LL DO:  #1____________________________  #2____________________________ From Nat’l Council of Juvenile & Family Court Judges
  4. 4. I. Successful Prevention A. Early intervention is key for children exposed to DV. *Risk factors include “premature birth, conduct problems, parental mental illness or substance abuse, physical abuse, exposure to violence, homelessness and poverty.” *Children’s resilience is closely tied to their battered mother’s safety, so early intervention must be holistic . . . Abigail H. Gewirtz and Jeffrey L. Edleson, Young Children’s Exposure to Intimate Partner Violence: Towards a Developmental Risk and Resilience Framework for Research and Intervention, 22 J. FAM. VIOL. 151 (April 2007).
  5. 5. 1. Relief Nursery, www.reliefnursery.org  Crisis response for families in urgent need  Outreach for Isolated and/or New Families  Therapeutic Early Childhood Classrooms  Home Visits  Alcohol & Drug Recovery Support  Parent Education & Support  Mental Health and Special Education  Transportation and Basic Needs Assistance
  6. 6. Relief Nursery outcomes:  Child Abuse Reports: After 1 year with the program, 95% of families receive no further reports of abuse or neglect.  Foster Care: 99% of the children attending the Relief Nursery require no foster care and are able to remain safely at home.  Healthy Development: 90% of the children attending the Relief Nursery are developing at age-appropriate levels and 10% receive special education services on-site.  Clean and sober life style: 85% of parents with a history of substance abuse who participate in the Relief Nursery alcohol and drug recovery support program are still clean and sober seventeen months after treatment.
  7. 7. Survivor Support Network = Students & community volunteers assist victims with ANY need  Fundraise to pay rent & other bills  Help write resumes & find jobs  Assist w budget & to access resources  Help kids aging out of foster care  Mentor foster & high risk youth  Find child care  Provide rides  (512) 232-7855  www.utexas.edu/ law/students
  8. 8. COURT WATCHES:  Volunteers document victim treatment in the courts for civil, criminal & child support proceedings.  Developing a Court Monitoring Program Manual  For Materials and information contact www.watchmn.org
  9. 9. 2. Harlem Children’s Zone www.hcz.org  Founder Geoffrey Canada: "If your child comes to this school, we will guarantee that we will get your child into college. We will be with you with your child from the moment they enter our school till the moment they graduate from college."  Promise Academy  Baby College  Pay youth $150 per month to do homework  Raised $100 million with business plan  1 teacher for every 6 kids  Extraordinary success rate!
  10. 10. www.hcz.org  Nearly all the children in HCZ live in poverty — & 2/3 of them score below grade level on standardized tests.  HCZ combines educational, social & medical services, covering participants from birth all the way through college.  100% of the past three Harlem Gems (preschool) classes tested "school ready."  In ’05 only 11% of Promise Academy's 100 kindergartners initially tested above grade level, 80% had reached that point by the end of the school year.
  11. 11. III. Responding to Children at the Crime Scene A. Law Enforcement Response to Children at the Crime Scene  Sure access to document evidence from & about children is at crime scene.
  12. 12. 1. Focus groups with kids of DV:  Asked kids: 1. “What are we doing that helps?” 2. “What are we doing that does NOT help?” 3. “What else can we do to help?”  Based on kids’ responses, we’ve changed our interventions.
  13. 13. 6 Essentials with Kids @ Scene: 1. Put in report # kids living in home + # who witnessed incident; 2. Talk with kids alone; 3. Sit at child’s level; 4. Look for kids hiding in closet & beds; 5. Take photos of traumatized kids; 6. Document kid’s statements; & 7. Go over Youth Safety Plan.  www.abanet.org/domviol (free)
  14. 14. B. Non-Testimonial Statements to:  Neighbors  Teachers  Doctors  Friends  Family  Anyone NOT a government agent.
  15. 15. C. Protect Mom = Protect Child  Interveners must remember that when a victim recants or seeks to withdraw orders, she is often trying to stay alive.  Often best way to protect children is to protect their abused parent.
  16. 16. G. Talk to Recanting/ Reconciling Victim 1. I’m afraid for your safety. 2. I’m afraid for the safety of your children. 3. It will only get worse. 4. Contact us anytime for help. 5. You don’t deserve to be abused. 6. How can I/we help?
  17. 17. 24/7 ~ 140 languages Nat’l Domestic Violence Hotline: 1-800-799-SAFE
  18. 18. Some Faith Community Resources: 1. Faith Trust Institute provides technical assistance on DV & Sxl Assault and Faith www.faithtrustinstitute.org 2. Rev. Joe Parker, David Chapel Missionary Baptist Church, Austin, TX. www.davidchapel.org 3. Jewish Women’s Int’l www.jwi.org 4. Catholic Church www.archdpdx.org/othercath 5. I can send you 3 half-page articles for church bulletin on DV & kids
  19. 19. V. PROTECTING CHILDREN PRE-TRIAL A. WITNESS TAMPERING: High levels of child witness intimidation and coercion, with devastating impact on the child targets. B. Tampering with child witnesses is common in family violence, child sexual assault, abuse, and neglect cases. The defendant’s fear tactics induce both compliance and long-term trauma.[1] [1] See William W. Harris, Alicia F. Lieberman, and Steven Marans, In the Best Interests of Society, 48 J. of CHILD PSYCHOLOGY AND PSYCHIATRY 392 (2007)
  20. 20. … C. WARN CHILDREN THEY MAY BE THREATENED & TO TELL YOU IF THEY ARE. D. PROVIDE CHILDREN WITH ARRAY OF SAFETY PLANNING TOOLS, ranging from SAFETY PLAN brochures and 24/7 hotline numbers, to cell phones and frequent check-ins.
  21. 21. VI. PROTECTING CHILDREN DURING TRIAL A. Trained victim advocates accompany victims to and during court, to the extent the judge will permit. B. Subpoena child and adult victims to the prosecutor’s office, not directly to court.
  22. 22. C. TRAINED DOGS for CHILD ABUSE VICTIMS  Valerie Wynn, Mary Parrish Ctr, Nashville # 615-256-5959  Betty Ann Whitten, Tyler (TX) District Attorney’s Office #903-535-0520
  23. 23. VII. PROTECTING CHILDREN POST-TRIAL A. On-going SAFETY PLANNING, including warning of possible retaliation B. On-going check-ins & home visits.
  24. 24.  VIII. JUST AS UNIVERSAL SCREENING FOR DOMESTIC VIOLENCE HAS BECOME PART OF THE STANDARD OF CARE FOR MEDICAL AND MENTAL HEALTH PRACTITIONERS,  OTHER PROFESSIONALS MUST SCREEN EVERY CHILD FOR ABUSE.
  25. 25. … A. Interveners must initiate questions about abuse in the household during the first meeting to assess the immediate safety issues. B. Ask: “Does anyone hit or scare you at home?” and “What happens when people in your home get mad?” C. It is malpractice for attorneys, medical and mental health providers, social workers, child protection and child care staff, and educators to not conduct universal screening.
  26. 26. VIII. Community Safety Audits  The question to be answered is, “How does this (practice, policy, rule etc.) enhance or diminish child safety and offender accountability?” www.praxisinternational.org
  27. 27. Adapted from: “The Duluth Safety and Accountability Audit; A Guide to Assessing Institutional Responses to Domestic Violence” by Ellen Pence & Kristine Lizdas
  28. 28. A. Include in Audit 1. Child Protective Services 2. Child Advocacy Center 3. Law Enforcement 4. Prosecutor’s Office 5. Courts (family, juvenile, child protection) 6. Probation & Parole 7. Pre-Trial Services 8. CASA &/0r Guardian Ad Litem Program 9. Other entities involved in child protection
  29. 29. B. Start with most receptive organizations.  Makes sense to go through process most cases follow, but not always possible   May need to call it something else, e.g. ‘safety check’  Think how adapt this process to focus on children’s services.
  30. 30. IX. The Northwestern (MA.) District Safety and Accountability Audit - INTRODUCTION  It is a look at whether the responses we have created to address the DV issues in our homes and communities actually serve their intended purpose.
  31. 31. A. 6 steps to performing a safety audit: 1. Forming and preparing an audit team 2. Determining what stage of the process to examine 3. Defining the scope of the audit 4. Collecting data 5. Analyzing data 6. Recording findings that lead to recommendations
  32. 32. B. Scope of the Audit  Eventually want audit all systems, but it made the most sense to start at the beginning of the chain.  MA. county chose 6 police departments, including dispatchers.
  33. 33. Interviews  Personnel were eager to talk about their thoughts & feelings regarding their work.  Many greatly appreciated the opportunity to relate some of their ideas based on the day-to-day reality of witnessing & responding to domestic violence.  There is a wealth of knowledge, deep thought and creativity among the people on the front lines.
  34. 34. C. Focus Groups  While the rest of the audit team was conducting interviews and observations, the safety audit coordinator was scheduling focus groups.  Focus groups consisting of domestic violence victims, prosecutors and various advocacy groups were conducted throughout the audit.
  35. 35. G. Police ~ Training  Training is central to addressing many of the identified issues with police response.  What should include?  _______________________  _______________________  _______________________
  36. 36. Police ~ Recommendations 1. Every police department should have comprehensive written policies specific to responding to child abuse & DV. 2. Standardized, comprehensive training on child abuse & DV response should be available to all police officers.
  37. 37. State guidelines for investigation should be followed, including: 1. Complete identification & interview of reporting parties & children; 2. Identification and interviews of neighbors & any potential witnesses; 3. In-depth review of past acts; & 4. Necessary follow-up investigation.
  38. 38. Risk Questions for Adult ~ Adapt for Kids 1. Do you think s/he will seriously injure or kill you or your children? 2. What makes you think so? What makes you think not? 3. How frequently and seriously does s/he intimidate, threaten or assault you? 4. Does s/he threaten harm to himself? 5. Describe the most frightening event/worst incidence of violence.
  39. 39. Predominant Aggressor Considerations, Including Juvenile Compare the following:  Severity of injuries of each party & level of fear  Use of force & intimidation  Prior abuse by each party  Likelihood of each suspect to cause further injury  Fear each person has of being injured by the other
  40. 40. Additional Issues:  Response time  Including Children in Protective Orders  Protective Orders & Police Response  Tracking High-Risk Cases  DV/ Child Abuse Among Police  Resources  Self-Defense
  41. 41. IX. Zero Tolerance for Witness Tampering/ Retaliation = most common child abuse & DV offense but least charged A. How does your community respond to Witness Tampering, Bribery & Retaliation involving abused children?
  42. 42. Q: What Works to counter witness tampering? A: WRAPPING CHILDREN IN SERVICES – providing what child needs to be safe . . .
  43. 43. B. Next Steps to Meet Standard of “INTENT TO SILENCE” VICTIM: 1. Document FULL HISTORY of ABUSE, including isolation & threats 2. Document all conduct indicative of WITNESS TAMPERING 3. Identify potential WITNESSES 4. Use an EXPERT in difficult cases
  44. 44. Post-Crawford, Davis & Giles Need: 1. Photos (not testimonial) 2. Medical & EMT Records (with diagnosis) 3. Business Records (phone, work) - 803(6) 4. Public Records (Parole or Prison records) 5. Jail Phone Calls & Letters to Kids or Mom
  45. 45. C. FRE Rule 404(b) permissible purposes for admitting DEFENDANT’S PRIOR BAD ACTS: 1. proof of motive, 2. intent, 3. plan, 4. knowledge, and 5. identity, *but this is not an exclusive list.
  46. 46. Classic Abusive Relationship, cont’d.  Justice Souter’s concurrence:  intent to silence should be inferred with proof of “CLASSIC ABUSIVE RELATIONSHIP”  + argues that there is no basis to suspect framers would have disagreed with the inference that forfeiture’s requisite intent could be met with evidence of a “classic abusive relationship”.
  47. 47. Classic Abusive Relationship, cont’d.  J. Souter adds, “If the evidence for admissibility shows a continuing relationship of this sort, it would make no sense to suggest that the oppressing defendant miraculously abandoned the dynamics of abuse the instant before he killed his victim, say in a fit of anger.” (emphasis added)  . . . OF WHICH OBSESSIVE CONTROL IS A HALLMARK TRAIT.
  48. 48. D. Doctrine of Forfeiture by Wrongdoing  “The rule of forfeiture by wrongdoing (which we accept) extinguishes confrontation claims on essentially equitable grounds.” Crawford at *1370  Doctrine of FORFEITURE by Wrongdoing = The accused loses the right to confrontation if he causes the witness’s unavailability.
  49. 49.  Medical Records Release Form Authorization For Release of Information To:_____________________________________________________________________________ (Doctor or Hospital/Clinic) ________________________________________________________________________________ (Address) I hereby authorize and request you to release to:_____________________________ ________________________________________________________________________________ The complete medical records in your possession, concerning my injury or treatment during the period from: _____________________________ to ____________________________________ _____________________________ to __________________________________
  50. 50. XI. Safety Plan: Action Plan to Keep Child Alive  Adult & Child Safety Plans in every bathroom, school, library, youth organization, waiting area, clerk’s office;  Available from local programs?  Youth Safety Plans  Not copyrighted & Free from ABA! www.abanet.org/domviol
  51. 51. A. Ensure Safety Plan covers:  FAITH – what resources & support?  RACE/ CULTURE – what issues are important for child & parent?  LANGUAGE – what are child’s skills? Need translator?  LITERACY – need help learning to read?  IMMIGRATION – is child &/or parent undocumented?  Other, e.g. depression, addiction, disability
  52. 52. B. 6 Things to Say to Child: 1. I am afraid for your safety. 2. I am afraid for your parent’s safety. 3. It will only get worse. 4. We are here for you anytime. Call 911 when you’re in danger. 5. You don’t deserve to be abused. 6. How can I help?
  53. 53. C. Recanting Child & Adult Victim  Victims report very effective to say: “YOU DON’T DESERVE TO BE ABUSED.” You can add:  “IT’S AGAINST THE LAW.”  “We can help by . . .”
  54. 54. D. Family Economic Empowerment 1. TANF/ welfare for family of 3 per mo: MS. $170 ~ TX $213 ~ OR. $460 ~ MN $532 - Alaska $923 2. Plan: house + car + job training + real job + counseling + medical care + glasses (Lion’s Club) + dentist + food.
  55. 55. Teach Kids S.A.F.E.  S = STAY OUT OF THE FIGHT  A = ASK FOR HELP  F = FIND an ADULT WHO WILL LISTEN E = EVERYONE KNOWS IT’S NOT YOUR FAULT
  56. 56. D. Audit to Protect Pregnant Women: 1. 30% pregnant women abused – means must increase screening & resources to them. Drs. Anne Flitcraft & Evan Stark research 2. Nat’l Comm Prevention Infant Mortality: 25% increase low birth-weight babies if Mom is battered. *Low birth-weight can be negative predictor of future developmental & expensive problems.
  57. 57. E. Audit to Screen for Kids as Direct or Indirect Victims, e.g., exposure to domestic violence shows increased rates of:  Acting out/ aggression;  PTSD;  Eating disorders;  Sleeping disorders;  Allergies;  Losing a developmental skill Peter Jaffe, et. al, CHILD CUSTODY & DOMESTIC VIOLENCE, A Call For Safety & Accountability (2003); and Betsey McAlister Groves, CHILDREN WHO SEE TOO MUCH, Lessons From the Child Witness to Violence Project, (2002).
  58. 58. Drs. Perry, Jaffe, Adams: “CHILDREN DO NOT NEED TO BE PHYSICALLY ABUSED TO TAKE ON VIOLENT & DELINQUENT BEHAVIOR; IT IS ENOUGH FOR THEM TO BE EXPOSED TO DOMESTIC VIOLENCE.”
  59. 59. e.g., CO: police must document if children saw or heard DV offense. Gives court essential info to better provide services to kids & alert parents to impact on kids.
  60. 60. F. Make Child Safety #1 Priority of CPS *Currently most states mandate family preservation & family unification as priorities. Does yours? *New York City and Oklahoma: 2 jurisdictions now mandating child safety is #1.
  61. 61. *Often Best Way to Protect Kids = Protect Mom/Caretaker According to Boston & San Diego Children’s Hospital Child Protection Programs
  62. 62. F. Presumed Restitution  At least 10 states and the federal gov’t now REQUIRE restitution to crime victims for all expenses resulting from the offender’s commission of the crime.
  63. 63. XII. Cultural Competence A. Judicial Oversight Initiative: Milwaukee County: city vs. suburban police responses: whites often receive citation & fines, Blacks arrested.
  64. 64. As a result: Blacks = 24% population, but = 66% of domestic violence cases in DA office; Whites = 62% pop, but = 32% of dv cases.
  65. 65. B. Similar bias with drugs:  African-Americans constitute just 13% of all drug users,  But = 35% of defendants arrested for possessing drugs,  55% of those receiving convictions, and  74% of those being incarcerated. Drugs and Human Rights. Who Goes to Prison for Drug Offenses: A Rebuttal to the New York State District Attorneys Association. Human Rights Watch World Report 1999 at http://www.hrw.org/campaigns/drugs/ny-drugs.htm (last visited Dec. 29, 2002).
  66. 66. Women of Color  Incarceration of all females increased 88% from 1990 to 1998,  But 2/3 are women of color, most of whom are African-American.  Bureau of Justice Statistics (BJS) predicts a 95% increase in the rate of imprisonment for African- American women;  at the same time it projects a 15% increase for white women. U.S. Department of Justice, Bureau of Justice Statistics, Special Report: Women Offenders 6 (1999) [hereinafter Special Report], cited in Paula Johnson, Inner Lives, Voices Of African American Women In Prison 5 (2003).
  67. 67. Pregnant women defendants. . . Research shows drug & alcohol abuse rates are higher for pregnant White women than pregnant Black women, but Black women are about 10 times more likely to be reported to authorities under mandatory reporting laws.
  68. 68. C. Youth of Color = 32% of youth, but 68% of those in secure detention
  69. 69. Burns Institute works to reduce overrepresentation of youth of color in the juvenile justice system. This IS a solvable problem! www.burnsinstitute.org
  70. 70. XIII. Audit Info to Kids 1. Safety Plan Brochures, coloring books, posters, PSA’s 2. Ensure info to kids at many sources  day care, school, library, officer calls
  71. 71. Collaboration w Faith Community  Ensure breaking silence of abuse  Faith Trust Institute provides technical assistance on DV & Sxl Assault and Faith www.faithtrustinstitute.org  Rev. Joe Parker, David Chapel Missionary Baptist Church, Austin www.davidchapel.org  Jewish Women’s Int’l www.jwi.org  Catholic Church www.archdpdx.org/othercath
  72. 72. Nat’l Council of Juvenile & Family Court Judge’s  Resource Ctr on Domestic Violence, Child Protection and Custody  Juvenile Justice Resource Center  Technical Assistance  Quarterly Journal, Monthly Newsletter  1-800-52-PEACE  www.ncjfcj.org
  73. 73. Resources  American Bar Association’s Commission on Domestic Violence: www.abanet.org/domviol  Battered Women’s Justice Project: 1 of Nat’l Resource Centers on legal issues: www.bwjp.org or 1-800-903-0111  National Council of Juvenile & Family Court Judges 1-800-52-PEACE www.ncjfcj.org  www.mincava.umn.edu/bibs.bibkids.html invaluable database
  74. 74. Helpful Books  The Verbally Abusive Relationship by Patricia Evans (practical guidance)  Getting Free by Ginny NiCarthy (advises victims, colleagues, family through leaving process)  Lessons in Living by Susan Taylor (inspirational guidance)  Trauma & Recovery by Judith Herman (correlates prisoner of war trauma with that of rape & dv victims based on research; & offers guidance for assisting trauma survivors).
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