Chapter VIII:Protective Services 1409- DOMESTIC VIOLENCE

V. CHILD PROTECTIVE SERVICES ASSESSMENT

With System of Care and the foundational philosophy of Multiple Response System (MRS) being family-centered practice, it is appropriate to employ the Family Assessment Response to reports that involve allegations/information of domestic violence as long as they meet the designated definitions of neglect and or dependency. Reports containing abuse allegations related to domestic violence must be assigned to the Investigative Assessment Approach. Counties should consider the following criteria as factors impacting which CPS approach a report is assigned to:

• The alleged perpetrator’s use of a weapon or firearm.
• The family’s history with the agency.
• The need to involve law enforcement to protect the child, non-offending parent/adult victim, or social worker.
• The infliction of a physical injury requiring medical treatment to the child or non-offending parent/adult victim.
• The co-existence of domestic violence and substance abuse or manufacture (especially methamphetamines).

Once a decision has been made that a valid CPS report has been received, some preliminary assessment activities should be conducted in preparation for initial contact with the family.

• The Administrative Office of the Courts (or county Clerk of Superior Court) should be contacted to determine if a domestic violence protective order exists.
• Contact with local law enforcement agencies should be made and a criminal records check on the alleged perpetrator of domestic violence should be conducted in order to determine whether law enforcement has responded to reports of domestic violence and the extent of any criminal history.

Separate interviews shall be conducted with the non-offending parent/adult victim and alleged perpetrator of domestic violence when both are in the home. All required structured decision making tools shall be completed in compliance with established CPS policy. Case-specific releases of information shall be utilized to facilitate sharing of information with domestic violence programs and other collateral information sources. System of Care also stresses the importance of interagency collaboration. Written demands for information as provided for in N.C.G.S. §7B-302(e) shall also be utilized if needed by the DSS to acquire confidential information from domestic violence programs and other collateral information sources.

In CPS cases involving domestic violence, assessments are to be initiated by first contacting the non-offending parent/adult victim outside of the presence of the violent partner. At no time shall the non-offending parent/adult victim be placed in danger by having to be interviewed, develop service plans, or meet with the perpetrator of violence against them. In cases of domestic violence the children will also not be interviewed in the presence of the violent adult. It is appropriate to interview the children in the presence of the non-offending parent/adult victim as circumstances allow, and the safety of the children is not compromised as a result.

Best Practice Interview Order

• Non-offending parent/adult victim
• Children
• Alleged perpetrator of domestic violence

A CPS assessment involving domestic violence does not warrant an automatic custody removal in order to ensure safety. The DSS must continue to make reasonable efforts to protect the child in his or her own home and prevent placement as required by law and policy. Therefore, it is crucial to begin assessing and planning for safety with all members of the family upon initial contact. It is helpful to seek out the consultation of a domestic violence expert throughout the life of the CPS case. In some agencies, a domestic violence consultant is on staff. All counties have access to a domestic violence professional through their relationship with the identified domestic violence agency in their community. A link to domestic violence programs containing contact information is attached at the end of this document. This is a good example of how the System of Care principle of community based services can be seen.