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All existing CPS policy requirements concerning contact with children, parents, other caretakers, and collaterals remain in effect during the provision of CPS In-Home Services in domestic violence related cases. All Family Services Agreements shall be completed based upon information documented on existing Structured Decision Making Tools. The Structured Decision Making Tools and Family Services Agreements shall be completed/updated in compliance with existing CPS policy.
The purpose of CPS In-Home Services continues to be the maintenance of the safety of the child while helping the parent/caretaker to learn more effective parenting practices. Therefore its primary goal is to provide involuntary child protective services designed to ensure the children’s safety, permanence and well-being. Each parent or caretaker should only be responsible for his or her own actions to provide safe, nurturing care for his or her children. CPS In-Home Services in domestic violence cases shall encourage the perpetrators of domestic violence to take responsibility for stopping their acts of violence and their own behavioral change. It will also encourage the non-offending parent/adult victim to enhance his or her capacity and willingness to take steps to protect the children. The non-offending parent/adult victim will not be held responsible for the domestic violence perpetrator’s failure to follow through with conditions of CPS In-Home Services. The impact on the child’s day to day functioning will guide decision making as treatment options are sought. Some children may require no treatment, while others will need intensive intervention. No treatment option should begin until the child’s safety needs and stability needs such as housing, income and supportive services have been addressed. 1
Safety of the child always comes first. As such, CPS family service agreements focus on reducing the risk of child maltreatment and strengthening parenting ability. Because the safety of children is closely linked to the safety of the non-offending parent/adult victim, a situation involving domestic violence also requires a secondary focus that includes the safety of the adult victim. The responsibility of the perpetrator of domestic violence to stop abusive behavior and the capacity and willingness of the non-offending parent/adult victim to take appropriate actions to protect the child are issues that must be addressed during case planning and case management.
During the provision of CPS In-Home Services, at no time is the non-offending parent/adult victim to be placed in danger by having to be interviewed, develop service plans, or meet with the perpetrator of violence against them. The children will also not be interviewed with, or required to be in the presence of the violent adult. All non-offending parents/adult victims should have separate safety plans that are a part of larger case plans. Separate Family Services Agreements should be completed with the non-offending parent/adult victim and the perpetrator of domestic violence. The perpetrator of domestic violence should not have access to the non-offending parent/adult victim’s Family Services Agreement.
Child and Family Team meetings can be used to engage the perpetrator of domestic violence and hold them accountable for their behavior. They can also encourage the adult victim/non-offending parent and perpetrator of domestic violence to seek appropriate support services.
In some cases, the non-offending parent/adult victim may want the perpetrator of domestic violence to participate in the Child and Family Team meeting together. The non-offending parent/adult victim may see this as a safer opportunity to negotiate agreements in regards to the care of the children as well as a way to bring community pressure on the perpetrator to change their behaviors and stop the violence. The county DSS and or facilitator should review the completed Structured Decision Making Tools before deciding if it is safe and appropriate to initiate a joint Child and Family Team meeting. Ultimately, if the county DSS and/or facilitator believe it is too dangerous to conduct the Child Family Team Meeting with the perpetrator of domestic violence present, complete them separately. The following are some discussion questions to guide the decision as to whether to go forward with a joint meeting:
• What physical injuries have the adult victim/non-offending parent or child endured due to domestic violence?
• Is the adult victim/non-offending parent afraid of the perpetrator of violence?
• Is the perpetrator threatening to harm the adult victim/non-offending parent, the children, or himself/herself?
• Is the severity and frequency of the violence escalating?
• Have the children been used to threaten the adult victim/non-offending parent?
• Have weapons been involved in prior assaults or does the perpetrator have access to weapons?
• Has the criminal justice system been involved? If so, are there any protective orders and other court ordered mandates including those imposed by probation, parole and treatment programs that may not allow contact between the non-offending parent/adult victim and the perpetrator of domestic violence?
• If the perpetrator has participated in some type of education or treatment program, how have they responded to that?
• Is the perpetrator or adult victim/non-offending parent chemically dependent?
• Is there a history of mental illness? 2
If decided by the county DSS and/or facilitator to go forward with a joint Child and Family Team meeting as requested by the non-offending parent/adult victim, the county DSS and facilitator should ensure that the family and all participants are adequately prepared for the meeting including understanding the purpose of the meeting and knowing who will be in attendance. The county DSS and facilitator should also ensure there is a plan for the safety of the meeting participants before, during and after the meeting. Here are some examples of safety preparations:
• Choose a safe location
• Have community supports attend the meeting such as a domestic violence victim advocate and batterer intervention provider
• Use a co-facilitator
• Create specific ground rules ahead of time along with consequences for violation of the ground rules
• Arrange for the non-offending parent/adult victim and or their supports to arrive at and leave the meeting at a separate time than the perpetrator of domestic violence
• Arrange for security/law enforcement to be available and assist with escorting the non-offending parent/adult victim and their supports
• If conflict escalates in the Child and Family Team meeting the meeting should be stopped. The facilitator can agree ahead of time with the non-offending parent/adult victim on a signal that they exchange if they believe the conflict is to the point of danger.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office.
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1 Groves, Betsy McAlister et al., “Children Exposed to Domestic Violence: The Intersection Between Clinical Symptoms and Legal Remedies.” Children’s Legal Rights Journal 20, Winter 2000-01, 33.
2 National Association of Public Child Welfare Administrators. Carrillo, R., & Carter, J. (2001). Guidelines for conducting family team conferences when there is a history of domestic violence. San Francisco, CA: Family Violence Prevention Fund.