Witnessing Domestic Violence as a Child Protection Issue

Witnessing Domestic Violence as a
Child Protection Issue
What’s going on
in other jurisdictions?
2005
Gary Direnfeld, MSW, RSW
www.yoursocialworker.com

Definition of
Domestic Violence
 Domestic violence can be defined generally as
“a pattern of assaultive and/or coercive
behaviors, including physical, sexual, and
emotional abuse, as well as economic
coercion, that adults use against their intimate
partners to gain power and control in that
relationship.”
National Clearinghouse on Child
Abuse
and Neglect Information
State Statutes Series 2004
Children and Domestic Violence
http://nccanch.acf.hhs.gov

All States Recognize
Domestic Violence
 All jurisdictions in the United States have
laws that define domestic or family
violence.

Abuse

But not necessarily
as it related to children
 Approximately 40 States, the District of
Columbia, and the U.S. Territories
Guam, Northern Mariana Islands, and
Puerto Rico include children as a class
of protected persons in some way within
their definitions of domestic violence.
Abuse

But not all States include
domestic violence…
Colorado, Iowa, Kansas, Massachusetts, New
Hampshire, New Jersey, Oregon, South
Carolina, Wisconsin, and Wyoming do not
currently include children in their definitions of
domestic violence.


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

But, what about witnessing
 Approximately 20 States and Puerto Rico have
enacted legislation that specifically includes
children who witness domestic violence as a
class of persons in need of legal protection.
Alaska, Arizona, Arkansas, California, Delaware, Florida,
Georgia, Hawaii, Idaho, Illinois, Indiana, Minnesota, Mississippi,
Montana, North Carolina, Ohio, Oklahoma, Oregon, Utah, and
Washington.
Abuse

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

We can make it count…
if we know the legislation…
 The Child Abuse Prevention and Treatment Act
(CAPTA) is the Federal legislation that provides
minimum guidelines States must incorporate in their
statutory definitions of child abuse and neglect. This
Act has been updates as:

Keeping Children and Families Safe Act of
2003
National Clearinghouse on Child Abuse and
Neglect Information
2003 Child Abuse and Neglect State Statute
Series Statutes-at-a-Glance
Definitions of Child Abuse and Neglect http://

nccanch.acf.hhs.gov

Accordingly and as per the Act,
The term “child abuse and neglect” means, at a
minimum, any recent act or failure to act on
the part of a parent or caretaker, which
results in death, serious physical or
emotional harm, sexual abuse or
exploitation, or an act or failure to act which
presents an imminent risk of serious harm…
http://www.acf.hhs.gov/programs/cb/laws/capta03/sec_I_111.htm


Then what happens
to those definitions?
 Based on CAPTA guidelines, each State
and U.S. Territory provides its own
definitions of child abuse and neglect.

Neglect Information

nccanch.acf.hhs.gov

Are definitions standardized?
 The standard for what constitutes abuse varies
among States. Many States define abuse in
terms of “harm or threatened harm” to a child's
health or welfare. A few States define abuse in
terms of "serious harm or threat of serious
harm."
Neglect Information

nccanch.acf.hhs.gov

Categories of
Maltreatment
 Categories of Maltreatment
Defined in Statute Include:







Physical abuse
Neglect
Sexual abuse
Sexual exploitation
Emotional/mental injury
Neglect Information
Abandonment


nccanch.acf.hhs.gov

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

nccanch.acf.hhs.gov

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

Anxiety and Depression are
Emotional Injury
Anxiety and Depression

A feeling associated
with fear or dread for an
negatively anticipated
outcome.

A feeling associated
with a of loss. The loss
can be tangible or
psychological.


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


Protecting Children Subject to Witnessing
or Being Affected by Domestic Violence
 Acquaint yourself with the legislation specific to
your State
 Advocate for specific clients with reference to the
terms, language and definitions of State Legislation.
Use the laws to your advantage.
 Advocate for change by using changes in other
jurisdictions to support the cause.

Who knows what?

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


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


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


Who knows what?
 100% of respondents identified child witnessing of
domestic violence, an issue in their work
 However, the deeper the survey drilled with regard
to knowledge of legislation the less the return.


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

Homework!
Go to:
http://nccanch.acf.hhs.gov/topics/issues/domestic.cfm
…and read the reports.


Final Thoughts
 Legislation matters.
 Your knowledge of legislation is
empowering.
 This translates directly to your ability to
protect children.
 Share your learning and empower others.

Witnessing Domestic Violence as a
Child Protection Issue
Thank you for attending!

Gary Direnfeld, MSW, RSW

Witnessing Domestic Violence as a Child Protection Issue

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