MODULE 4 Best Practice Approaches Determining A Response To Woman Abuse And Child Protection

1. MODULE 4Best Practice ApproachesDetermining A Response To Woman Abuse And Child Protection

2. Module 4 Learning Objectives • 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

3. Module 4 Learning Objectives • 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

4. Module 4 Learning Objectives • 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

5. Module 4 Learning Objectives • 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

6. Violence Against Women Best Practice Approaches • Receiving reports • Determining an appropriate response • Contacting the Police • Planning and Conducting an investigation • Child’s immediate safety • Determining child’s need for protection • Effective ways to protect children • Preparing for MCFD Family Court Hearings • Ongoing Protective Family Service • Building relationships and information sharing

7. Best Practice Approach 1 Receiving Reports Not All Violence Against Women Situations Need To Be Reported To Child Protection

8. 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

9. Best Practice Approach 1 Receiving 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?

10. Best Practice Approach 1 Receiving Reports • Level of danger in the home, if any? For example: • the presence of weapons, particularly firearms • if 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

11. Best Practice Approach 1 Receiving 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

12. 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.

13. Best Practice Approach 1 Receiving 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.

14. Best Practice Approach 1 Receiving 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

15. Best Practice Approach 1 Receiving 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.

16. Best Practice Approach 1 Receiving 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

17. Best Practice Approach 2 Determining An Appropriate Response • based on assessment of information and individual circumstances of situation • presence of children and/or youth does not necessarily warrant an investigation

18. Best Practice Approach 2 Determining 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

19. Best Practice Approach 2 Determining An Appropriate Response When offering voluntary services to the woman: • existing supportive resources • safety plan • resources – impact on child(ren) or youth

20. Best Practice Approach 3 Contacting the Police • 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, uniforms • Aboriginal women • Immigrant women

21. Best Practice Approach 3 Contacting 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

22. Best Practice Approach 3 Contacting 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.

23. Best Practice Approach 3 Contacting the Police In cases where the police are involved: • co-ordinate activities • information on any criminal activities/orders • dynamics and impacts • risk factors for further violence • safety planning including: • referral to legal, crisis housing, counselling and victim and other support services

24. Best Practice Approaches Appendix #4 - Reporting Requirements 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.

25. 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

26. 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

27. Best Practice Approaches Risk Assessment • Two levels of assessment required: • protection of the child(ren) and youth • risk to the woman/mother • Must guide all interventions, decisions and plans

28. 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 apprehensions

29. 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

30. 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 Profile Ogrodnik 2007, Spousal homicide or attempts and prior police contact for spousal abuse

31. Best Practice Approaches Risk Assessment for Homicide 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

32. Best Practice Approaches Risk Factors • Separation • Past Assault • Threats • Stalking • Escalation • Sexual Assault • Suicidal • Minimizing • Pregnancy • Child Abuse • Animal Abuse • Mental Health Issues • Control • Criminal History • Employment Issues • Substance Abuse • Violation of Court

33. Best Practice Approaches Risk Factors 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

34. Best Practice Approaches Risk Factors 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

35. Best Practice Approaches Risk Factors 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

36. Best Practice Approaches Risk Factors Leaving or Outside Intervention: • escalated frequency and lethality • homicide • poverty • loss of ability to monitor moods and actions • abduction of children • loss of custody • abuse during children’s visitation • deportation • loss of translator, primary caregiver • unsafe proximity in small communities • violence against pets, livestock left behind

37. Best Practice Approaches Risk Assessment - Primary Aggressor • 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.

38. Best Practice Approaches Risk Assessment - Primary Aggressor The primary aggressor (abuser) means the person in the relationship who poses the greatest threat, rather than the most recent aggressor.

39. 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

40. Best Practice Approaches Risk Assessment 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?

41. Best Practice Approaches Risk Assessment If violence suspected ask: • weapons present? • partner posing a risk? • custody proceedings? • police attendance at home? • forced to leave home? • threats? • protection order?

42. Best Practice Approaches Risk Assessment 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?

43. Best Practice Approaches Risk Assessment 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?

44. Best Practice Approaches Effective Child Protection Interventions • 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 workers • stopping the violence counsellors • specialized victim assistance workers • multicultural support workers • Aboriginal/Métis family support workers

45. Best Practice Approaches Effective Child Protection Interventions • 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

46. 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

47. 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

48. Best Practice ApproachesGuiding Assessment Concepts • 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

49. 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 services • recognize and support the mother’s strengths and need for safety • Engage mothers to: • determine and develop their own service plan goals • identify their needs for safety and support • identify their children’s needs for safety and support

50. Best Practice Approaches Ensure Coordination • 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.