1. Child Deprivation Domestic Violence and Visitation
Lauren Litton
NCJFCJ.org
Vicky O. Kimbrell
Georgia Legal Services Program

2. Ways in Which Co-Occurrence May Become Evident
Domestic violence was the underlying factor that brought the family to the system’s attention and led to the abuse or neglect of the child.
The children were abused or neglected in an unrelated manner and during the course of interviews or pendency of the court case the fact that domestic violence is occurring in the home has come to the attention of a professional involved in the case.
The biological parents of the abused or neglected child are not together but there is a history of domestic violence between them and the court case either reestablishes contact or provides further access for the battering parent to the child and abused parent.

3. Battering Tactics
Telling the children that they cannot be a family because of the victim
Showing up unexpectedly to see the children or picking them up without informing the other parent
Calling the victim constantly under the guise of talking to or about the children
Showering the children with gifts during visits
Undermining the victim parent’s rules for the children
Stalking
Keeping the children longer than agreed upon or abducting them

4. Tactics, continued
Asking children what the victimized parent is doing and who she is seeing
Criticizing, assaulting, or threatening the victim’s new partner
Threatening to take custody away or make a false child protection report if she does not agree to reconcile
Telling the children that the victimized parent is an alcoholic, addict, or mentally ill
Keeping court cases active by frequent filings
Physically abusing the children and ordering them not to tell their mother
Changing visitation plans without notice

5. When a battered parent is protected from abuse, she then is better able to protect her abused child.
Even if the abusive relationship dissolves, frequently victims want their children to have a relationship with their fathers if it can be done in a way that does not compromise their own safety or the safety of their children.

6. Things That Can Be Done Safety Planning Separate Case Plans Oversight
Batterer Accountability
Tailoring Services
Community Resources
Collaboration and Coordination
Assessment
Confidentiality

7. The design of the family time must include procedures that meet the safety needs of both the child and the victimized parent.

8. Considerations in Designing Visitation/Exchanges
Type of contact; consistency of orders
If supervised, who is ready to take on
Scheduling
Staggered arrival/departure times
Security/access to help
Confidentiality
Separate orders for each
Separate considerations for each child

9. “The battered mother has to worry that if she leaves, the abuser will take her children, and if she doesn’t, that the government will.” Jill Zuccardy, attorney in Nicholson v. Williams

10. Why doesn’t she just leave?
Her childhood
 Isolation
Beliefs about marriage and/or men
FEAR - #1 reason
Safety
Lack of money
Threats to children
Promises
Lack of enforcement
Frequency/Severity of abuse

11. The Child Endangerment Statute - Cruelty to Children
O.C.G.A. Sec
Second Degree - Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a . . .family violence battery
Such person, who is the primary aggressor, having knowledge that a child under l8 is present and sees or hears the act, commits family violence battery.

12. The most important determinant of family reunification is
… Consistent and frequent Visitation

13. Legal Requirements before Removal in Georgia
Continuation in the home contrary to the welfare of the child
Reasonable efforts by DFCS to prevent or eliminate the need for the removal
Such findings shall be made at every subsequent review
Relative Resource placement
Child’s health and safety is paramount (a)(1)
Parents have right to zealous and competent representation. Indigent parents have right to appointed counsel

14. Principles for an Effective and Humane CPS System - Greenbook
Safety, well-being and stability for children and families
Children in care of non-offending parent
Community service system with many points of entry
Differential response to families

15. Domestic violence perpetrators do not victimize only adults.
Principle I: Courts, lawyers, child protective
agencies, domestic violence
agencies must intervene to create safety, enhance
well-being, and provide stability for children and
their families.
Domestic violence perpetrators do not victimize only adults.
Where women are abused, their children are also often maltreated.
Services must be provided for the parent-victim to protect children. Erom: Effective Intervention in Domestic Violence & Child Maltreatment Cases – National Council of Juvenile & Family Court Judges - Greenbook

16. Principle II: To ensure stability and permanency for children, courts and communities must try to keep children in the care of their non-offending parent.
Historically, mothers have been held responsible for batterer’s violence – failure to protect;
Shortsighted to remove children from care of their battered mothers rather than remove the batterer;
Link the safety of the children to safety of the mother;
Communities must develop a broad range of services and interventions for family violence –Natl. Assn. Of Public Child Welfare Administrators (1999) Guidelines for a Model System.

17. Criminal Responsibility Civil Responsibility
Principle III: Responsibility for Family Violence Must be Placed Where it Belongs – On the Abuser
Criminal Responsibility
Civil Responsibility
Financial / Economic Responsibility
Batterer Intervention Programs
Parenting Training
Supervised Visitation
Drug/Alcohol Abuse Intervention – Not excuses, not causes of abuse.

18. Do’s and Don’ts Caseplans
DV ToolKit - Tools to Effectively Intervene in DV Cases Where Children are at Risk
Do’s and Don’ts
Caseplans
TPOs
DV Shelters
Separation from Batterers
Evaluations
Counseling
Visitation

19. Separation from BattererDo
Educate Victims on Separation resources -Places, shelters
Financial resources,
Child Support
Public Benefits
TANF, Food Stamps
Medicaid, Peachcare
SSI/SSD
Public/Subsidized Hsg.
PUP funds
Victims Compensation
Don’t
Make Victim Responsible for Separation
Mandate Separation without safety planning - More women are killed leaving than staying. 75% of homicides during separation

20. Evaluations Do
Offer Services Relevant to the Safety Needs of the Victim and Children
Don’t
Order evaluations because “everybody” gets them - parenting classes won’t keep anyone safe
Drug testing, mental health - being beaten is not a mental condition

21. Joint Case Plans Put Victims & Their Children in Danger
Make each party responsible only for the actions they can control. “Ms. Jones will not participate in domestic violence.” – From CPS caseplan.
If he knows where and when her classes/evaluations/tests/services are scheduled, she’s in danger - and the case plan put her there.
FVIPS are never appropriate for victims

22. Temporary Protective OrdersDo
Advise Client of Options
Refer Client to Legal Services, Private Attys,Legal Advocate, Vic Asstc, SAAGs
Realistically explain benefits and risks of TPOs
Don’t
Mandate TPOs
TPOs can Anger Batterer
Mutual TPOs
Uses your authority to control victim
Victim has more information than you upon which to make decisions

23. Economic Abuse
Court cannot use lack of economic resources as a basis for taking children from parents.
Court has held that “by harm, the court means either physical harm or significant, long-term emotional harm; we do not mean merely social or economic disadvantages.” Clark v. Wade, 273 Ga. 587 (2001)

24. 2007 New Child Support Guidelines
Child support as an economic weapons
New child support complexities
Best interest of the child standard
Downward deviation allowed when parents attempting to establish safe homeplace for the child in state custody

25. What can lead to economic abuse?
Lack of child support in TPOs
Lack of property awards in TPOs
Injuries requiring medical attention
Debts - Credit abuse
Lack of Enforcement

26. Custody and Batterers
Batterers are twice as likely to seek sole physical custody for their children than are non-violent fathers.
When batterers do press for custody, they are awarded it at the same rate of non-batterers, 50% of the time.

27. Forced Joint Custody Forcing joint physical custody on unwilling
parents results in high
levels of parental
conflict and re-litigation,
leaving children with
two tense and angry
parents.

28. Court shall consider the perpetrator’s history of harming another;
Standards on Awarding Custody when FV - OCGA (a)(2) – “In a proceeding awarding custody/visitation when family violence is found:”
Court shall consider as primary the safety and well-being of the child and parent who is the victim of family violence;
Court shall consider the perpetrator’s history of harming another;
If one parent is absent or relocates because of family violence such shall not be deemed abandonment of the child;
Court can order supervised visitation.

29. Visitation - OCGA (a)(2) – in a proceeding awarding custody/visitation when family violence is found:
Court shall consider as primary the safety and well-being of the child and parent who is the victim of family violence;
Court shall consider the perpetrator’s history of harming another;
If one parent is absent or relocates because of family violence such shall not be deemed abandonment of the child;
Court can order supervised visitation.
Visitation Centers
Alternatives

30. Safety Planning With the Adult With the Children
Shelter Advocates - Experts in this area
Are Advocates on Case Panels in your community?

31. How Can We Hold the Batterer Accountable for the Violence - Not the Victim?
Separate Caseplans for Perpetrators

32. Batterer Case Plans Perpetrator will: Commit no acts of violence;
Commit no intimidating acts, threats or verbal abuse
Remove all weapons
Comply with all court orders
Attend and comply with all Batterer Intervention program recommendations
Not use physical violence against children

33. Batterer case plans Acknowledge past abuse
Comply with substance abuse recommendations
Comply with mental health recommendations
Pay child support as ordered

34. “The total length of separations of mothers and children [that NY CPS] has caused is measured in years. The suffering and trauma it has caused cannot be measured.” Judge J. Weinstein, Findings of Fact, Nicholson v. Williams