DV & CPS DUE PROCESS Mary Walter (CPS) Eric Reynolds (OAG)

CPS 101 Report Validate (4 criteria) Respond (2 tracks) Assess (safety, risk) Services (voluntary/court)

Validity Requirements (§ 63.2-1508. Valid report or complaint.) Child under 18 years of age Abuser is in caretaker role Abuse or neglect occurred in Virginia (Jurisdiction) Meets the definition of abuse or neglect

Abused or Neglected Child (§ 63.2-100. Definitions.) Child under 18 whose parent/person responsible: Causes or threatens to cause non-accidental physical or mental injury; Exposure to sale/manufacture of certain controlled substances; Neglects to provide food, clothing, shelter, emotional nurturing, or health care; Abandons child or fails to provide adequate supervision; Commits or allows to be committed any illegal sexual act; Knowingly leaves child alone with person, not related by blood/marriage, who is required to register as violent sex offender.

Additionally: A child less than 18- Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C § 7102 et seq., and in the Justice for Victims of Trafficking Act of 2015, 42 U.S.C. § 5101 et seq.

Substance Exposed Infants (§ 63. 2-1509 Substance Exposed Infants (§ 63.2-1509. Requirement that certain injuries to children be reported by physicians, nurses, teachers, etc.; penalty for failure to report.) Newborn infants who have been medically diagnosed for exposure to controlled substances during pregnancy or experiencing withdrawal symptoms are also considered to be at risk of abuse or neglect. Health care providers are required to report these children.

Domestic Violence/Family Abuse A pattern of abusive behaviors used by one individual intended to exert power and control over another individual in the context of an intimate or family relationship. An act involving violence, force, or threat including, but not limited to any forceful detention, which results in bodily injury or places one in reasonable apprehension of bodily injury which is committed by a person against such person’s family or household member.

Which Definition for DV? Physical Abuse Physical Neglect Mental Abuse/Neglect

CPS Response Family Assessment Investigation Assess child safety Strengthen and support families Assess risk of future maltreatment Prevent further abuse Assess child safety Strengthen and support families Assess risk of future maltreatment Prevent further abuse Determine if abuse or neglect occurred

CPS Philosophy and Approach Child abuse is a social problem resulting from interaction of personal and social conditions (stress, substance abuse, etc.) as causal factors. Child abuse usually occurs due to frustration, failure, or despair of parent, rather than willful behavior. Belief that children are best cared for in their own family, even if history of abuse; if child can be safe, keeping the family together is the goal. Both parents are held accountable for the safety of children. Abusive parents seen as capable of altering violent behavior to minimize risk of future abuse, so children remain home (given adequate support).

CPS Philosophy and Approach (cont.) Agency response should be non-punitive, non-critical to degree possible. Offer both parents ways to change conditions/behaviors contributing to danger and risk of child maltreatment. Involve both parents in safety plans and service plans. Target services to abusive parent – with an emphasis on anger management. Remove child, if needed, while assisting parents in changing behaviors and conditions.

DV Philosophy and Approach Violence is historically rooted in and perpetuated by treatment of women and children as subservient to men, subject to their control and hostility. Violence is seen as a behavioral choice – deliberate and purposeful, expressing control, dominance, and hostility. Living with or returning to the abuser is not the ideal goal of intervention. Believe goal is to assist non-abusive parent in learning how to protect children from abusive partner.

DV Philosophy and Approach (Cont.) Believe abuse increases over time unless there is drastic intervention, such as arrest, long separation, and/or comprehensive treatment. All cases of abuse against women seen as crimes and treated as such. Hold abuser accountable for violence through legal interventions; shelter for victims and children. Assist victim in planning for self and children. Services targeted for victim to empower, educate, and support her in exercising her rights and options (power and agency). Remove abuser from home. Emergency shelter for victim and children as needed.

Intervention Dilemma: Balancing…

Principles for DV-CPS Collaboration CHILD SAFETY is always the priority. CHILD SAFETY is improved by helping the victim parent to be safe. Hold the Abuser, not the victim parent, accountable for the domestic violence.

DV-CPS Collaboration Child safety is best addressed through building safety for the victim parent. Developing joint ventures such as support groups for survivors and their children not involved with a shelter. Communication and cooperation enhanced through joint professional training. Development of DV screening procedures and protocols used as part of routine intake procedures and assessments. Assistance from CPS for DV workers in identifying and addressing indicators of reportable child abuse. Integration of DV workers into child protection review teams. Integrated efforts to provide victims and their children with comprehensive and well-coordinated service plans when the family faces multiple issues.

CPS Decisions Family Assessment Services Needed Services not Needed Investigation Unfounded Founded Level 1,2,3