MODULE 4 Best Practice Approaches

Determining A Response To Woman Abuse And Child

Protection

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Module 4 Learning Objectives

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Participants will:

•Be knowledgeable about Best Practice Approaches 1, 2 and 3

•Appreciate complexity of child protection responses in the context of violence against women

•Be aware of risks associated with violence against women and able to assess risks

Module 4 Learning Objectives

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Participants will:

•Be aware of criteria for child protection investigation in cases of violence against women

•Develop appropriate assessment questions and responses for women and their abusive partners

•Be aware of safety issues to consider when interviewing a non-offending woman and offending partner during a child protection assessment

Module 4 Learning Objectives

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Participants will:

•Be comfortable asking questions that differentiate between women at risk for abuse and partners who pose a risk to women’s and children and youth’s safety

•Apply knowledge of violence against women and primary aggressor when receiving a report and determining a response

Module 4 Learning Objectives

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Participants will:

•Describe key guidelines for effective interventions throughout a child protection process

•Increase understanding about the barriers and challenges that women may face when trying to access services

Violence Against Women Best Practice Approaches

1.Receiving reports

2.Determining an appropriate response

3.Contacting the Police

4.Planning and Conducting an investigation

5.Child’s immediate safety

6.Determining child’s need for protection

7.Effective ways to protect children

8.Preparing for MCFD Family Court Hearings

9.Ongoing Protective Family Service

10.Building relationships and information sharing

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Not All Violence Against Women Situations Need To Be Reported To

Child Protection

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Best Practice Approach 1Receiving Reports

Does not fulfill the Sec. 14 reporting requirement:

Children with their mother in Transition House

Children attending Children Who Witness Abuse Programs

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Best Practice Approach 1Receiving Reports

If you suspect that the situation involves violence ask:

Is current or estranged partner posing a risk to the child(ren) and mother?

Are legal proceedings regarding custody underway?

Have police attended the home at any time in the past and if so for what purpose?

Have mother and children left their home due to safety concerns?

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Best Practice Approach 1Receiving Reports

Level of danger in the home, if any? For example:

the presence of weapons, particularly firearmsif threats of violence have been heard by the

reporter who has made the threats when nature of threats

when the most recent violence occurred what was the most dangerous violence occurred

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Best Practice Approach 1Receiving Reports

If it is determined that there is violence, ask:

Location of the abuser

If the reporter is fearful of retribution for reporting

If the reporter is fearful for the woman’s and their children’s safety.

What the response might be to a child protection worker/police officer attending the home 11

Best Practice Approach 1 Receiving Reports

If the information indicates that the family is involved in a custody and access dispute:

Custody and access orders do not necessarily mean that a child or youth is safe from harm.

Violence frequently escalates during court proceedings.

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Best Practice Approach 1Receiving Reports

The abuser and/or his family often:

Threaten her with the removal of her children

Report her to a child protection worker (sometimes in attempt to build “better case” for custody and access)

If the reporter is a current or estranged partner, be cognizant of the preceding dynamics and complete a careful assessment of all of the pertinent information.

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Best Practice Approach 1Receiving Reports

Allegations of mutual aggression often raised

Safety of children connected to safety of the mother

Violence towards the mother often escalates during changes in relationship

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Best Practice Approach 1Receiving Reports

Some service providers reluctant to report a situation due to not knowing/being kept informed of process

discuss their issues or ethical dilemmas

help them understand reporting requirements

This cooperative approach serves the best interest of women’s safety and maximizes their support network.

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Best Practice Approach 1Receiving Reports

meeting with the caller and/or client can be helpful:

demystify the child protection social worker role and may reduce anxiety about ministry involvement

empower client by providing opportunity to talk about her situation in a supportive environment

client’s refusal to meet: fear of the unknown, past negative experiences, other valid reasons that should be explored

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Best Practice Approach 1Receiving Reports

based on assessment of information and individual circumstances of situation

presence of children and/or youth does not necessarily warrant an investigation

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Best Practice Approach 2Determining An Appropriate

Response

May be opportunity to provide support services:

Culturally sensitive, strength-based assessment

Referrals to existing appropriate support and services

Ensure aware of existing supportive resources

Safety plan, women- serving organizations

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Best Practice Approach 2Determining An Appropriate

Response

When offering voluntary services to the woman:

existing supportive resources

safety plan

resources – impact on child(ren) or youth

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Best Practice Approach 2Determining An Appropriate

Response

no requirement to report a crime against an adult

woman may choose not to contact the police

increased risk of harm to self and children

fear or mistrust of authority figures, uniformsAboriginal women Immigrant women

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Best Practice Approach 3Contacting the Police

Immigrant and Refugee Women: Important reasons for not calling police

62% - fear that I will lose everything (house, children, reputation, everything I have

worked for)once I involve the police

42% - fear that my husband/partner will be brutalized/victimized by police

Wife Assault: Violence Against Women in Relationship. Victim Service Worker Handbook.

Ministry of Attorney General and Ministry of Women’s Equality, May 1993 21

Best Practice Approach 3Contacting the Police

In some situations, you may have to notify the police due to your own safety.

Try wherever possible and practical to advise the mother of the police involvement.

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Best Practice Approach 3Contacting the Police

In cases where the police are involved:

co-ordinate activitiesinformation on any criminal activities/ordersdynamics and impacts risk factors for further violencesafety planning including:

referral to legal, crisis housing, counselling and victim and other support services

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Best Practice Approach 3Contacting the Police

Section 14, subsection (1) of the CFCS Act:

A person who has reason to believe that a child needs protection under section 13 must promptly report the matter to a director or a person designated by a director.

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Best Practice Approaches Appendix #4 - Reporting

Requirements

intended to ensure the safety and well-being of children and youth

mothers, children and youth rejecting services due to fear of being reported to child protection

includes women who are refusing to stay in transition houses

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Best Practice Approaches Appendix #4 - Reporting

Requirements

Reporting Guidelines:

section 13 of the CFCSA - child or youth in need of protection

“likely to be” clause

women with children at a transition house

existing protocols and standards

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Best Practice Approaches Appendix #4 - Reporting

Requirements

Two levels of assessment required:

protection of the child(ren) and youth

risk to the woman/mother

Must guide all interventions, decisions and plans

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Best Practice Approaches Risk Assessment

Assess and know dynamics of abuse, women’s strengths and safety strategies

Keep in mind potential risks during all interventions

Provide adequate support for women and their children

Assess risks during and after apprehensions28

Best Practice Approaches Risk Assessment

Canadian studies demonstrate family breakdown increases risk of violence and homicide:

50% of women assaulted by a previous partner, assaulted after separation - 2004

Nearly 1 in 5 separated wives were assaulted while they were separated

35% reported that their husbands became more violent after the separation

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Best Practice Approaches Risk Assessment

rate of spousal homicide of females 3 - 5 times higher than of males - 1974 to 2004

50% of killings of female ex-partners - women killed within 2 months of leaving the relationship

Statistics Canada. Measuring Violence Against Women: Statistical Trends 2006 Status of Women Canada 2002

Assessing Violence Against Women: A Statistical ProfileOgrodnik 2007, Spousal homicide or attempts

and prior police contact for spousal abuse30

Best Practice Approaches Risk Assessment

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Murder of a female partner is most likely to occur in the context of marital separation or divorce

Campbell et. al. 1993; M. Daly & M. Wilson (1998). Homicide: A sourcebook of social research

Best Practice Approaches Risk Assessment for

Homicide

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Best Practice Approaches Risk Factors

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Stalking

repeated physical following unwanted contact (calling, texting, emailing,

writing, etc) observing a person's actions closely for an

extended period of time contacting family members, friends, or

associates inappropriately

Best Practice Approaches Risk Factors

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Stalking

Stalkers more likely to be violent if they had an intimate relationship with the victim

Stalking commonly occurs after relationship ends

Stalking and physical assault are strongly associated with murder and attempted murder

Best Practice Approaches Risk Factors

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Cultural Issues and Sensitivities:

dynamics may be connected with experiences of racism, discrimination, and colonialism

cultural stereotypes often lead to false assumptions and a lack of intervention

lack of translation services and immigration support services put women at greater risk

Best Practice Approaches Risk Factors

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Leaving or Outside Intervention:escalated frequency and lethalityhomicidepovertyloss of ability to monitor moods and actionsabduction of childrenloss of custodyabuse during children’s visitation deportationloss of translator, primary caregiverunsafe proximity in small communitiesviolence against pets, livestock left behind

Best Practice Approaches Risk Factors

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Perpetrators routinely accuse partner of being equally abusive and claim to be the “real victim.”

There are women who are perpetrators, and there are women who use physical force against their partners in self defense.

Women are a small minority of perpetrators of serious violence against an intimate partner.

Best Practice Approaches Risk Assessment - Primary

Aggressor

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The primary aggressor (abuser) means the person in the relationship who poses the greatest threat, rather than the most recent aggressor.

Best Practice Approaches Risk Assessment - Primary

Aggressor

Who is afraid of whom?Who controls or makes decisions? Who has the skills for effective assault?Who controls financial and economic resources?Who has suffered the most extensive damage?Who has received treatment for injury?Who has suffered the most impact (eg. fear)?

Documents such as police reports or court records can help in this determination.

Bragg, 2003 Child Protection Practices in Families Experiencing Domestic Violence

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Best Practice Approaches Risk Assessment - Primary

Aggressor

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Initial Assessment Process:

abuser and/or his family using threats or actually contacting child protection as a tactic of control?

allegations of mutual aggression?threats? monitoring? destruction of property?weapons present?nature of the most recent violence?

Best Practice Approaches Risk Assessment

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If violence suspected ask:

weapons present?partner posing a risk?custody proceedings?police attendance at home?forced to leave home?threats?protection order?

Best Practice Approaches Risk Assessment

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If violence confirmed, ask:location of abuser?most recent violence?most dangerous violence?reporter fearful of retribution?abuser’s response to child protection visit?safety plan?violence outside of home?weapons are present?nature of his threats?protection order?

Best Practice Approaches Risk Assessment

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During each visit:weapons?recent threats, nature? monitoring? destroying property? custody or other legal proceedings?partner response to child protection involvement?planned or existing protection order? escalation in abuse, injuries? partner using alcohol or drugs? partner unemployed?referral to an anti-violence organization?

Best Practice Approaches Risk Assessment

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guided by understanding of dynamics of abuse

carried out in collaboration with women’s services to reflect a coordinated approach to this complex issue:

transition house workersstopping the violence counsellors specialized victim assistance workers multicultural support workersAboriginal/Métis family support workers

Best Practice Approaches Effective Child Protection

Interventions

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many of the best practice approaches are already integrated into child protection practices

document and training developed specifically to:

assist child protection workers with the complex issues surrounding cases of children and youth who are exposed to abuse of their mothers

Best Practice Approaches Effective Child Protection

Interventions

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Best Practice Approaches Voluntary Support Services

May be opportunity to provide support services:

Culturally sensitive, strength-based assessment

Referrals to existing appropriate support and services

Ensure aware of existing supportive resources

Safety plan, women- serving organizations

Best Practice ApproachesGuiding Assessment

Concepts

The abuser should be held accountable for the violence, not the woman

Provide coordinated, culturally sensitive support services

Wherever possible, provide voluntary support services

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Separation or outside intervention often leads to escalation in frequency and lethality of violence

Most abusive people have the ability to control their behaviour - not anger management problem

Women fearful about the removal of their children usually not forthcoming to child protection worker

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Best Practice ApproachesGuiding Assessment

Concepts

If a determination is made that the children are at risk in their mother’s care:provide mother respectful, integrated, and

culturally sensitive servicesrecognize and support the mother’s strengths and

need for safety

Engage mothers to:determine and develop their own service plan

goalsidentify their needs for safety and supportidentify their children’s needs for safety and

support 49

Best Practice ApproachesGuiding Assessment

Concepts

Develop strong working relationships with allies in the anti-violence section within your community.

Community partners can be invaluable resources when developing safety plans and service plans with women.

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Best Practice ApproachesEnsure Coordination

Following are some key agencies and a list of the services they provide for women and their children.

See Handout 4.7 for complete details of services.

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Best Practice ApproachesEnsure Coordination

BC Association of Specialized Victim Assistance and Counselling Programs www.endingviolence.org

provincial umbrella organization supporting the following specialized anti-violence programs:

Community Based Victim Assistance ProgramsStopping the Violence Counselling ProgramsStopping the Violence Outreach ProgramsSexual Assault/Woman Assault Centres

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Best Practice ApproachesEnsure Coordination

B.C./Yukon Society of Transition Houses www.bcysth.ca

provincial non-profit association supporting the following services:

Children Who Witness Abuse ProgramsTransition HousesSafe HomesSecond Stage Houses

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Best Practice ApproachesEnsure Coordination