Assessment of Domestic Violence

0070-537.10 | Revision Date: 07/01/14

Overview

This policy guide provides guidance on how to assess allegations of domestic violence and provides instructions on observing, gathering, and assessing evidence during the course of the emergency response investigation.

TABLE OF CONTENTS

Policy

Domestic Violence

Assessing a Child’s Exposure to Domestic Violence

Assessing a Battered or At-Risk Parent/Caregiver

Undocumented and/or Recent Immigrant Parents/Caregivers

Male Parents/Caregivers

Teen Relationships

Disabled Victims

Assessment of the Batterer

Resources

Restraining Orders

Procedure

Investigating a Referral Involving Domestic Violence

CSW Responsibilities

Approvals

Helpful Links

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 08/09/10 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Domestic Violence

Domestic violence refers to abuse committed against an adult or minor who is:

• A spouse or former spouse

• A cohabitant or former cohabitant

• A person with whom the suspect has had a child

• A person with whom the suspect is having or has had a dating or engagement relationship

Domestic violence includes physical abuse, emotional abuse, economic abuse and sexual assault.

CSWs must assess parents/caregivers and the child when domestic violence is suspected. CSWs should, in consultation with the SCSW, consider referring the victim and/or batterer for Up-Front Assessments (UFAs), which can provide the social worker with valuable information on the parent/caregiver and assist the CSW in making informed decisions in the best interest of the child.

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Assessing a Child’s Exposure to Domestic Violence

Children in domestic violence households should be assessed for physical, sexual, and emotional abuse and/or neglect. When assessing a child’s exposure to domestic violence, consider the following:

1. A child who is exposed to and/or is the victim of domestic violence may exhibit symptoms of depression, dissociation, or Post-Traumatic Stress Disorder, including behaving more impulsively and aggressively and/or being more withdrawn and anxious.

2. The age of the child when making an assessment:

• Children 0-5 years old are more vulnerable to accidental injury during incidents of battery. They may exhibit sleep disturbances nightmares, loss of skills including self-care and enuresis, separation anxiety, failure to thrive, and/or tantrums.

• Children 6-12 years old may exhibit eating disturbances, seductive or manipulative behavior, and fear of abandonment or loss of control, depression, anxiety, shame and/or may attempt to protect the victim.

• Adolescents may feel separated from the family, run away, engage in suicidal or homicidal thoughts, act out sexually, abuse drugs/alcohol, perform poorly in school, and/or experience violent dating relationships.

3. Children with disabilities are more vulnerable to all forms of abuse. The following should be specifically assessed for it is determined that a child has a disability or is hard of hearing:

• Greater dependence on others for care

• Limited contact with others outside the home

• Inability to understand what is happening to them or his/her caregiver

• Limited ability to communicate

• Expresses his/her exposure to abuse or violence in the home by:

• Sudden changes in behavior, such as increased agitation or distress

• Loss of appetite

• Self-harming

• Enuresis/encopresis

• Sexualized behavior

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Assessing a Battered or At-Risk Parent/Caregiver

The following should be considered and discussed when assessing a battered or at-risk parent/caregiver:

• The abusive partner and whether he/she has left the child’s emotional, medical, social and physical needs unmet.

• Whether the parent/caregiver is emotionally unavailable to the child due to the trauma and fear.

• Whether the parent/caregiver is using alcohol/drugs/over-the-counter medication to anesthetize the pain arising from the battering situation.

• Whether the parent/caregiver has experienced neglect.

• Women are particularly vulnerable during the first two months of separation and remain at high risk at the end of the relationship.

• The reasons for a parent/caregiver’s reluctance to leave and/or desire to return to his/her batterer, which may include:

• Fear of greater abuse or death and/or desire to protect the child from abuse

• Fear that the perpetrator will kidnap or gain custody of the child

• Economic dependence on the perpetrator

• Intimidation and threats from the batterer

• Batterer’s promise of change

• Feelings of failure

• The victim’s love for the partner

• Cultural/religious belief systems

• Lack of resources and support systems

• Unsatisfactory or challenging experiences with the service delivery system, including law enforcement, courts, child protection agencies, shelter placements.

Assessing Domestic Violence in Cases of Undocumented or Recent Immigrant Parents/Caregivers

The following should be considered when assessing domestic violence in households involving a parent/caregiver who is an undocumented and/or recent immigrant:

• The parent/caregiver’s fear and concerns of deportation to their country of origin.

• The Violence Against Women Act allows abused immigrant spouses a two year period after divorce to petition for permanent residence.

• Unfamiliarity with U.S. laws and rights.

• Language barriers that inhibit communication and the ability to access resources.

• Fear of involving law enforcement, courts, child protective agencies and others in authority.

• The role of the woman in other cultures.

• Taboos towards discussing domestic violence and private family matters.

Culturally sensitive and language-appropriate resources should be used.

Assessing Domestic Violence Toward Male Parents/Caregivers

All occurrences of domestic violence involving a male parent/caregiver who is battered by their female partner should be assessed and reported. The CSW should assess for an imbalance of power and control. Since a battered male is contrary to societal expectations, also assess for:

• Feelings of denial and shame.

• Discrimination in how the incident(s) are reported and responded to (e.g., by law enforcement, court, extended family, and/or friends).

• Reluctance of a victim to disclose.

Domestic violence experts should be consulted to clarify any of these issues. Men should be provided with appropriate resource (shelters, counseling), as needed.

Assessing Domestic Violence in Teen Relationships

When an incident of domestic violence involving a teen relationship is suspected, assess for the following:

• A teen’s societal and familial exposure to domestic violence.

• Misinterpretation of attention, jealousy, or possessiveness by the batterer as positive.

• A skewed understanding of what constitutes a “healthy relationship”.

Teenage girls who experience violent relationships are at high risk for attempted suicide, eating disorders, substance abuse and/or pregnancy. Parents and their teenage children should be educated and referred to appropriate resources.

Assessing Domestic Violence Toward Disabled Victims

When an incident of domestic violence involves an at-risk parent/caregiver who is disabled or deaf, assess for the following:

• Limitations in communicating, as this increases his/her vulnerability to domestic violence.

• Dependence on the abuser to meet his/her financial, medical, and/or physical needs or for assistance with activities of daily life.

• Fear that the loss of the batterer will leave the victim without a caregiver or place to live.

• Low self-esteem and/or a feeling of powerlessness.

• Belief that he/she is “damaged goods” and/or valued only by the batterer.

• Fear that the child will be taken away if the abuse is reported due to the victim’s disability.

• Ability to execute an escape or domestic violence safety plan.

• Access to services and resources that accommodate the victim’s special needs.

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Assessment of the Batterer

The batterer’s current and historical patterns of behavior should be assessed to assist the victim in taking appropriate steps to protect himself/herself, and their children.  The following should be considered and assessed for in the batterer:

• Intimidation of or threats to the victim, other family members or pets

• Isolation of the victim and/or the children from family, friends, or work

• This may increase the victim’s dependence on the batterer

• Manipulation of the victim by promising to change following a violence episode

• Blaming the victim for the abuse rather than taking responsibility

• Rationalization/Justification of the abuse

• Minimization of the abuse

• Mental health history

• Stresses that may influence the batterer’s behavior

• Potential substance abuse which may increase the chance for violence

• Possession of weapons, use of weapons against the victim, or threat of the use of weapons on the victim

• Falsification of the suspected abusive situation by:

• Calling in false police/child abuse reports

• Injuring him/herself to deflect the focus of the situation

• Harassing/stalking the victim

• Mental health history

• Current mental state and the degree of risk to the parent/caregiver, including:

• Acute depression

• Homicide/suicide or homicidal fantasies directed at family members when the batterer sees no other way out

• Perception that the victim is “owned” by the batterer

• Idolization of the victim

• Isolation of the batterer from the community

• Total dependency on the victim, particularly when the victim leaves or threatens to leave the relationship

• The presence of stresses in the family, including but not limited to:

• Unemployment, eviction, or financial difficulties

• Severe health problems or disabilities

• Behavioral changes in either the parent/caregiver or child as the child moves into a new developmental stage

• Separation, divorce

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Resources

States are allowed to enforce the federal family violence option, which exempts domestic violence victims from work requirements, time limits and other mandated activities and restrictions for those receiving welfare assistance.

California’s Safe at Home Program provides confidentiality protections, omitting any record of home, school or work addresses in public records that are maintained by state and local agencies. To qualify, applicants must enroll and provide specific information regarding being a victim of domestic abuse or stalking.

The Social Security Administration assists domestic violence victims who choose to establish a new identity to elude their abuser. New social security numbers can be provided for the victim as well as his/her children by providing the Social Security Administration with documented evidence that domestic violence has occurred.

Restraining Orders

A restraining order can assist in keeping the family safe.  It can only afford protection in cases where the victim of violence requests or desires the protection afforded by the restraining order. A restraining order will not protect a child when the battered or at-risk parent/caregiver does not desire one, is reluctant to obtain one, or is pressured into seeking one.

Before asking the parent/caregiver to get a restraining order from Family Law Court, remember that it is difficult to obtain if they are not committed to getting one. DCFS will not, or may not, be informed as to what happens at the civil Family Law Court hearing and will have to depend on the parent for information.  

If filing a petition in Dependency Court is necessary to keep the children and at risk parent safe, DCFS can recommend that the hearing officer at the detention hearing consider a restraining order for further protection.

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PROCEDURE

If there appears to be an immediate medical emergency, or if the child and/or victim is in imminent physical danger during the Child Protection Hotline (CPH) call, the CPH CSW should advise the caller to call 911 or call 911 him or herself.

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Investigating a Referral Involving Domestic Violence

CSW Responsibilities

The CSW must consider his/her own safety when working in these situations. When responding to high risk incidents of domestic violence, the CSW should involve law enforcement, as needed. If the situation is too dangerous to complete a full assessment, request an office interview.

1. Prior to the face-to-face contact:

1. Access CWS/CMS to determine if there were any prior referrals for neglect, physical/sexual abuse or domestic violence.

2. Review all Clearances on file for all involved adults to determine if there were any convictions for domestic violence, weapons, drugs and/or alcohol.

2. Enter the home with consent, exigent circumstances, or a court order.

3. Interview victim, child, and batterer separately. During the interview emphasize the need for safety for both the at-risk parent/caregiver and the child. CSW should identify him/herself as a resource for support.

4. While on the home visit, note potential indicators of domestic violence.

5. When conducting a visual examination of the child, another adult must always be present. Ask the parent/caregiver for assistance or if the child is in school at the time of the interview, ask a school employee for help.

6. Determine if anyone in the home has a disability, including ones that may not be immediately visible.

7. If batterer is present and/or the situation appears hostile and/or dangerous, leave the home and immediately obtain assistance from law enforcement prior to resuming the interview.

8. Obtain the following information from the victim:

• The batterer’s history of abuse

• Presence of weapons in the house or the batterer’s access to weapons

• Prior arrest, probation, and parole history of batterer

• How both the batterer and at-risk parent/caregiver discipline the child

• Any diagnosed mental disorder for the batterer or at-risk parent/caregiver and whether prescribed medication is or is not being used

• Substance use and/or abuse by any individual in the household

• Patterns of isolation by the batterer

• Whether the batterer acknowledges that he/she has a problem with abuse/violence

• Whether the batter is willing to stay away from the family and obtain required treatment

9. Interview the child, using age appropriate questions. Ask about the following:

• General life experiences (eating, sleeping patterns, school attendance/performance, friends, relatives, activities.)

• How the parents express anger toward each other and toward the child

• Whether the child has ever been hurt when the parents/caregivers are fighting

• What the child does when the parents/caregivers fight

• How the child is disciplined

10. In the child or parent/caregiver appear to be in imminent danger, proceed as follows:

1. Determine whether the victim has a safe relative/friend’s home to stay.

2. Assist with referrals to shelters and/or disability support services.

3. Verify that the relative/friend/shelter has accepted the victim and child.

4. Verify the plan to transport the victim and/or child to the relative/friend/shelter.

11. Develop a domestic violence safety plan with the victim and child:

1. Make every effort to keep the non-offending parent and child together with interventions that maximize the safety of both.

2. Link the victim with a domestic violence service in their area.

3. Identify a list of needs, services, or resources that is needed to keep the victim and child safe.

4. Ascertain social supports that are inaccessible to the batterer.

5. Advise the victim to keep a set of car keys, extra money, clothes, and important legal documents with a relative or friend.

6. Advise the victim to memorize important telephone numbers

7. Advise the victim to formulate and rehearse an escape plan with the child.

12. Complete the Structured Decision Making Safety Assessment and Family Risk Assessment forms.

13. Refer the family for long-term support and treatment. For lower risk cases a Voluntary Family Maintenance contract and involvement in the Family Preservation Program may be appropriate after the victim, child, and batterer have been thoroughly assessed.

14. Consult with and obtain approval from the SCSW on whether protective custody is necessary, based on the following circumstances:

1. The child has been injured, physically abused or severely neglected by either parent.

2. There is consistent evidence that domestic violence is so pervasive that it has profoundly affected the child’s ability to function.

3. All services provided to protect the at-risk parent/caregiver and child(ren) were ignored by the batterer and/or were refused by the parent/caregiver.

4. No reasonable effort was made by the victim to prevent the batterer from continuing the abusive behavior towards the victim.

5. The batterer has continued access to the victim/child.

6. The batterer has exhibited high-risk, violent behavior

15. Educate the victim about the option of a restraining order, if appropriate.

16. Document all observations and findings in the Contact Notebook.

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APPROVALS

None

HELPFUL LINKS

Referenced Policy Guides

0050-502.10, Child Protection Hotline (CPH)

0070-524.10, Assessment of Failure to Thrive

0070-528.10, Assessing Children with Special Needs in ER Investigations

0070-529.10, Assessing Allegations of Physical Abuse

0070-531.10, Visual Inspection of Children

0070-532.10, Assessing Allegations of Child Sexual Abuse

0070-534.10, Assessment of Emotional Abuse

0070-548.00, Community Response Services, Alternative Response Services and Up-Front Assessments

0070-548.10, Disposition of Allegations and Closure of Emergency Response Referrals

0070-548.24, Structural Decision Making (SDM)

0070-548.25, Completing the Structured Decision Making (SDM) Safety Plan

0070-559.10, Clearance

0070-570.10, Obtaining Warrants and/or Removal Orders

0080-502.25, Family Maintenance Services for Both Court and Voluntary Cases

0300-318.05, Obtaining Restraining Orders

1200-500.86, Immigration Options for Undocumented Children & Families

Statutes

Family Code Section 3031(a-c) – States, in part, that whenever custody or visitation is granted to a parent where an emergency protective order is issued due to allegations of domestic violence, the court must not make a visitation plan inconsistent with the protective custody order.

In re Heather A., 52 Cal App. 4th 183 (1996) – States, in part, that a child’s witness of and/or exposure to the occurrence of abuse affects the child and therefore qualifies as abuse to the child.

Penal Code Section 13700(b) – Provides a definition of domestic violence.

Public Law 104–193 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) –  Allows states to enforce a family violence option which exempts domestic violence victims from work requirements, time limits and other mandated activities and restrictions, including exemptions from cooperating with the child support enforcement provision.

Welfare and Institutions Code, Section 300 (a) – Provides a description of physical abuse.

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