Chapter VIII:Protective Services 1409- DOMESTIC VIOLENCE

XI. CASE DECISION

When domestic violence is the only factor in a family situation, it is not acceptable to substantiate abuse or neglect on the non-offending parent/adult victim for the actions of the perpetrator of domestic violence. If, however, the non-offending parent/adult victim has abused or neglected the child, such a case decision is appropriate.

The case decision should be made based upon information documented on the Structured Decision Making Tools (Safety Assessment(s), Family Risk Assessment, and Family Strengths and Needs Assessment) and documented on the Case Decision Summary/Initial Case Plan. In making a case decision, it is important to assess not only that maltreatment has occurred, but what are the current safety issues, and is there future risk of harm and the need for protection. The following questions should provide the structure for making a case decision:

• Has the maltreatment occurred with frequency and/or is the maltreatment severe?
• Are there current safety issues? Would the child be unsafe in the home where the abuse, neglect or dependency occurred?
• Is the child at risk of future harm?
• Is the child in need of protection?

Existing policy states that to make a case decision to substantiate a child for abuse, neglect, and/or dependency, or make a finding of services needed, the answer to one or more of the above questions must be yes, and there must be documentation to support the answers included on the case decision tool.

Questions to consider in answering the above questions include:

• Have the children intervened in the domestic violence? (whether the child was injured or not, their direct involvement presents extreme risk)
• Is there an established pattern of domestic violence that is chronic or severe?
• Have the children exhibited extreme emotional, behavioral, or been diagnosed with mental health condition such as PTSD, depression, anxiety, fear as a result of living with domestic violence?
• Has there been a coexistence of domestic violence and substance abuse that impedes the non-offending parent/adult victim’s ability to assess the level of danger in the home? (substance abuse may exacerbate the violence, increasing risk to the children and non-offending parent/adult victim),
• Has the non-offending parent/adult victim been threatened or injured in the presence of the children?
• Has the non-offending parent/adult victim been hospitalized for injuries resulting from domestic violence?

The case decision to substantiate should be made based on the actions of the alleged perpetrator of domestic violence, and the capacity and willingness of the non-offending parent/adult victim to take appropriate actions to protect the child. It is not acceptable to substantiate against the non-offending parent/adult victim solely for actions of the perpetrator of domestic violence who caused the situation. Only when a non-offending parent/adult victim is given the necessary offers of help and the support system to protect himself or herself and children, then acts contrary to that help and support, can he or she be substantiated on for failing to protect the children.

The case decision to find the family as “services needed” should be based on the actions of the alleged perpetrator of domestic violence, the capacity and willingness of the non-offending parent/adult victim to take appropriate actions to protect the child, and the need for continued involuntary services due to the identified safety issues and future risk of harm to the child. In making this finding, no perpetrator is identified in the Central Registry. The perpetrator of domestic violence should be identified as such in documentation and held responsible through the criminal and/or civil court system. The non-offending parent/adult victim’s response to offers of help and the support system to protect himself or herself and children should be included in the documentation. He or she should be held responsible for acting contrary to that help and support, and for failing to protect the children.

The following criteria should be used in making a decision to hold the non-offending parent/adult victim responsible in domestic violence related CPS cases for failing to protect the child:

• The non-offending parent/adult victim’s history of using domestic violence shelters or programs,
• The non-offending parent/adult victim’s history of calling law enforcement or utilizing court services for domestic violence protection orders,
• The non-offending parent/adult victim’s history of making, or attempting to make, other arrangements to protect the child such as taking him or her to a relative’s or friend’s house,
• The non-offending parent/adult victim’s history and level of cooperation with past CPS services,
• The non-offending parent/adult victim’s past efforts to protect the child, and
• The level of risk and safety factors for the child at the present time

Every effort should be made to hold the perpetrator of domestic violence accountable for the violence, and to only hold the non-offending parent/adult victim accountable for steps that he or she did or did not take to protect the children.