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. Please turn off all
cell phonesOr put them on vibrate.
Thank you!

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. B. Non-Testimonial Statements to:
 Neighbors
 Teachers
 Doctors
 Friends
 Family
 Anyone NOT a government agent.

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. 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. 24/7 ~ 140 languages
Nat’l Domestic Violence
Hotline:
1-800-799-SAFE

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. 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. …
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. 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. 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. VII. PROTECTING CHILDREN
POST-TRIAL
A. On-going SAFETY PLANNING,
including warning of possible
retaliation
B. On-going check-ins & home
visits.

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. …
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. 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. Adapted from:
“The Duluth Safety and
Accountability Audit; A Guide to
Assessing Institutional
Responses to Domestic
Violence”
by Ellen Pence & Kristine Lizdas

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. 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. 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. 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. 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. 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. 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. G. Police ~ Training
 Training is central to addressing many of
the identified issues with police response.
 What should include?
 _______________________
 _______________________
 _______________________

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. 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. 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. 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. 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. 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. Q: What Works to counter
witness tampering?
A: WRAPPING
CHILDREN IN SERVICES
– providing what child needs
to be safe . . .

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. 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. 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. 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. 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. 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.

51.  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 __________________________________

52. 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

53. 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

54. 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?

55. 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 . . .”

56. 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.

57. 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

58. 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.

59. 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).

60. 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.”

64. 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.

65. 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.

66. *Often Best Way to
Protect Kids = Protect
Mom/Caretaker
According to Boston & San Diego
Children’s Hospital Child Protection
Programs

67. 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.

68. XII. Cultural Competence
A. Judicial Oversight Initiative:
Milwaukee County: city vs.
suburban police responses:
whites often receive citation
& fines, Blacks arrested.

69. As a result:
Blacks = 24% population,
but = 66% of domestic violence
cases in DA office;
Whites = 62% pop, but = 32% of
dv cases.

70. 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).

71. 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).

72. 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.

73. C. Youth of Color
= 32% of youth,
but 68% of those
in secure detention

74. Burns Institute works to reduce
overrepresentation of youth of color
in the juvenile justice system. This IS
a solvable problem!
www.burnsinstitute.org

75. 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

76. 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

77. 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

78. 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

79. 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).