DOMESTIC VIOLENCE AND CHILDREN NEWSLETTER

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1 DOMESTIC VIOLENCE AND CHILDREN NEWSLETTER Children s Issues Committee Vol. 13, #1 Santa Clara County Domestic Violence Council Winter 2010 Message From the Committee The Children s Issues Committee is losing the service of C.J Neustedter and gaining new member Jill Sardeson. The members of the committee extend gratitude and appreciation for Ms. Neustadter s dedication and hard work. The committee welcomes input and suggestions from the community. If you have an announcement or an interest in participating in our work, please contact Maureen Lowell, or Jonee Donnelly, jdonlytx@pacbell.net. ********************************** In This Issue: Danger Zone: Battered Mothers and Their Families in Supervised Visitation Witness and Nonwitness Children s Violent and Peaceful Behavior in Different Types of Simulated Conflict With Peers Elkins Family Law Task Force Report Summary: Children and Domestic Violence Where: Evergreen Valley College, 3095 Yerba Buena Rd., San Jose, CA This is a free conference for educators, families and administrators in the early childhood field. Priority registration is given to Smart Start San Jose child care centers and family child care homes. For more information: Araceli Delgao- Ortiz (408) , araceli.delgado@sjlibrary.org For registration: Ruby Parra (408) , ruby_parra@sccoe.org + Children s Issues Committee, Santa Clara Domestic Violence Council; Monthly: 1st Tuesday, 8:00 am; First5 Santa Clara County, 4000 Moorpark Avenue, Suite 200, San Jose Domestic Violence Council; Monthly: 1st Friday, 7:30 am; 70 West Hedding Street, San Jose Child Abuse Council; Monthly: 2nd Friday, 7:30 am; 70 West Hedding Street, San Jose + Events The 24th Annual San Diego International Conference On Child and Family Maltreatment Date: January 24-29, 2010 Where: Town and Country Resort & Convention Center, San Diego, CA Registration information can be found at From Birth to Earth: Embracing Our Children & Our Environment Date: March 20, 2010, 9:00 am to 4:00 pm Danger Zone: Battered Mothers and Their Families in Supervised Visitation Authors: Tracee Parker, Kellie Rogers, Meghan Collins and Jeffrey L. Edleson, Journal: Violence Against Women 2008: 14; 1313 Danger Zone provides important information on how orders for supervised visitation are increasingly being used by informed courts, with the intention of facilitating safety for adult victims of intimate partner violence and their children. Courts knowledgeable about intimate partner

2 violence dynamics are more likely to make onsite supervised visitation center orders for a parent who is determined to be the dominant aggressor if that evidence is provided to the court. Since 1994 the National Council of Juvenile and Family Court Judges has promoted the adoption of the code of rebuttable presumption statute: that it is not in the best interest of a child for a parent who perpetrates domestic violence to be given sole or joint custody of the child. States where this presumption is being used has demonstrated use of this legal framework. While the implied intention of the courts use of the rebuttable presumption statue is to protect, this is not always the perception of the mothers who have to take children to visit with their fathers at the supervised visitation centers (SVC). The authors of this article learned that many of the mothers did not perceive themselves as victims of domestic violence and thus were not connected to domestic violence victim advocacy agencies, despite evidence that they would benefit. Another important finding was that despite the fact that the fathers were ordered into supervised visitation, due to their use of domestic violence on the mothers of their children, all were not also ordered to attend batterers intervention programs. These revelations coupled with other valuable, butfrustrating experiences, allowed the researchers to develop best practices for SVCs servicing families impacted by domestic violence. SVCs are only as good as how they are designed, staffed and operated. Critical to operation is the center s integration into the community s coordinated response to domestic violence. These parameters can directly increase or decrease the likelihood of providing a visitation setting that supports safety instead of being used to continue the dominant aggressor s control and victimization of the mother and the children. Parker, et. al., provide poignant examples of why supervised visitation centers need to be designed and operated using the knowledge of how intimate partner violence dynamics manifest, particularly postseparation. The authors discuss the need for onsite domestic violence agency advocates, clear expectations and timely directions for supervised parents, provided by skilled and supported visitation monitoring staff. SVCs need court systems, including the attorneys of violent parents, to understand that SVCs cannot provide assessments of, or recommendations for, the violent parent s capacity to parent because of how perpetrators of intimate partner violence can function in a time limited structured setting. To establish and maintain these boundaries communities must have ongoing respectful dialogues involving supervised visitation centers, domestic violence advocacy agencies and the local courts. (submitted by Marla Johanning) + Witness and Nonwitness Children s Violent and Peaceful Behavior in Different Types of Simulated Conflict With Peers (American Journal of Orthopychiatry 2007, Vol. 77, No. 2, ) A 2007 Study at Brigham Young University finds supportive evidence for the intergenerational transmission of violence from males who engage in intimate partner violence to the children who witness it. Balliff-Spanvill, Clayton & Hendix, authors, were interested in looking at the social context of peer conflicts and how the context affected children s aggressive behaviors. Researchers conducted their experiment with children, aged 6 to 11, separated into groups of those who were identified as witnessing domestic violence (subjects were residing in transitional housing or shelter programs for families affected by domestic violence) and those who had not. Children were observed for their reactions to simulated peer conflicts in 5 different contexts: aggression, intimidation, limited resources, exclusion, and jealousy. Authors used the Structured Violence and Peace Scale (SVAPS; Baliff-Spanvill & Clayton, 2001) to score the behavioral responses of each child. Variables such as age, gender, and conflict type were analyzed for their significance. The study

3 showed child witnesses responses were generally (across all categories except the jealousy conflict) more aggressive than the non-witness children, however each type of conflict varied the difference (and significance) with the non-witness children The most significant finding was among the male witnesses responses to a conflict in the context of exclusion. These boys were the most aggressive in their responses among all other children (female witnesses, male and female non-witnesses). Authors of the study speculate their findings are consistent with findings from a study by Bornstein (American Psychologist, 2006), which finds men who are aggressive with their intimate partners engage in violence in reaction to fears of abandonment by their partner. Social learning and the development of a narcissistic ways of viewing themselves, others, and their relationships mediate this link, the study suggests. While this study yields strong results, authors also recognize its limitations, such as a need to observe children in natural settings and to identify variations of exposure among child witness participants. (Submitted by Tricia Minarik) Elkins Family Law Task Force Report Summary: Children and Domestic Violence by Cynthia L. Spencer, Esq. In 2007, the California Supreme Court rendered a decision in the matter of Elkins v. Superior Court (2007) 41 Cal.4th 1337, 1368 [163 P.3rd 160]. In its ruling, the Court identified concerns that judicial resources and safeguards afforded civil proceedings may not be equally committed to family law proceedings. The disparity can impact cases in many ways, particularly when children and domestic violence are involved. For many years, it was noted, there has been a growing demand on the limited resources of the family courts, yet the matters of critical importance decided in these cases has not diminished. Family courts impart lasting impact on people s lives through the decisions they make: child parentage and custody, personal safety of involved parties, future financial support for children and spouses, and division of property and debts. Too often, parties must attend court without the benefit of legal counsel. To address their concerns, the Supreme Court recommended that the Judicial Council of California establish a task force to study and propose measures to assist trial courts in achieving efficiency and fairness in marital dissolution proceedings and to ensure access to justice for litigants, many of whom are self-represented. From this recommendation, the Elkins Family Law Task Force was appointed. This is a multidisciplinary 38-member task force consisting of appellate court justices, judges, court commissioners, private attorneys, family law facilitators, self-help center attorneys, court executives, family court managers, court administrators, and legislative staff, all with extensive experience in family law throughout the state. The Elkins Task Force issued a set of Draft Recommendations and solicited comments from October 1 through December 4, They plan to present final recommendations to the Judicial Council in Spring Of particular importance to children, particularly in the presence of allegations and issues of domestic violence, are these recommendation sections: 3. Caseflow Management; 5. Children s Voices; 6. Domestic Violence; 7. Enhancing Safety; and, 9. Minor s Counsel. A copy of the Draft Recommendations report is available on the court information website at Navigate the tabs to Judicial Council >> Advisory Groups >> (Task Forces) Elkins Family Law Task Force.

4 These are some highlights from the report and the recommendations made in the sections mentioned above. Section 3: Caseflow Management: Cases involving alleged child abuse or domestic violence should be scheduled with the goal of ensuring a prompt hearing before a judicial officer and minimizing the need for ancillary experts paid for by the parties. Section 5: Children s Voices: In appropriate cases, judicial officers should consider whether and how a child might meaningfully participate in a given family law matter. Reasons to consider child participation: 1) Studies have recognized the importance of hearing from children in matters that affect their lives and have shown that children do better when they are aware of the process and how decisions will be made; 2) Family Code section 3042(a) requires the court to consider the wishes of the child in custody disputes if the child is old enough to have formed an intelligent preference; 3) Family Code section 7890 et seq. requires the court to consider the wishes of the child in termination of parental rights proceedings and to take testimony of a child who is 10 years of age or older; and, 4) In some cases, a child is a percipient witness and has important information that the court needs to consider in deciding the dispute before it. The court should exercise discretion and find the least traumatic method for child involvement. Courts should consider the following in determining the appropriate action to take: 1) Whether it would benefit the court to question the child; 2) Whether it would benefit the child to be questioned by the judicial officer; 3) Whether there are drawbacks to questioning the child; and, 4) Whether a given child should testify at all, and, if so, whether testifying is best done in chambers or in open court. Section 6: Domestic Violence: The Elkins Family Law Task Force expressed support for the work currently being undertaken to implement recommendations by the Judicial Council s Domestic Violence Practice and Procedure Implementation Task Force. Additionally, the Elkins task force recommended that the court must give appropriate consideration to the question of whether the child s point of view and the information the child has regarding the violence would be probative in determining the risk posed to the child and the ultimate decision regarding his or her best interest. Section 7: Enhancing Safety: Family law courts are often confronted with issues involving allegations of child abuse, neglect, and violence in the home. The task force heard many concerns about the safety and well-being of children and issues of children s participation in court proceedings. Recommendations included consideration of Welfare and Institutions Code section 350 and Family Code section 7892 in identifying appropriate procedures to follow in these situations. It was recommended that children in these cases should have access to legal counsel, to child welfare services, to social workers, and to Court Appointed Special Advocates (CASAs). Section 9: Minor s Counsel: Pursuant to California law, if the court determines that it would be in the best interest of the minor child, the court may appoint private counsel to represent the interests of a child in a custody or visitation proceeding. California Rules of Court, rule 5.240(a) lists these considerations for making such an appointment: 1. Whether the issues of child custody and visitation are protracted; 2. Whether the child is subjected to stress as a result of the dispute that might be alleviated by the intervention of counsel representing the child; 3. Whether counsel would be likely to provide the court with relevant information not otherwise readily available or likely to be presented; 4. Whether the dispute involves allegations of physical, emotional, or sexual abuse or neglect of the child; 5. Whether it appears that one or both parents are incapable of providing a stable, safe, and secure environment; 6. Whether counsel who is knowledgeable about the issues being raised regarding the child is available for appointment;

5 7. Whether the best interest of the child appears to require independent representation; and, 8. If there are two or more children whether any child would require separate counsel to avoid a conflict of interest. The task force made note that to the degree courts have limited availability of resources such as family law investigators, evaluators or assessors, a child s direct participation becomes more and more necessary as the court must consider the desires of the child and obtain information from the child that has probative value in determining his or her best interest. The task force made several recommendations in an effort to obtain clarity in the role of minor s counsel and the responsibilities of such counsel. Further, the goal of task force recommendations is to seek to create greater transparency and clarity regarding how appointments are made and how complaints regarding performance of appointed counsel are to be addressed. Lastly, the task force expressed a desire for there to be research, and that education and training be made available to provide the best possible representation for children in these matters The Domestic Violence and Children Newsletter is published four times yearly by the Children s Issues Committee, Santa Clara County Domestic Violence Council. Members of the Committee are: Richard Garcia Maureen Lowell (chairperson) Jonee Donnelly (editor) Hatixhe Grbeshi Cynthia Spencer Marla Johanning Tricia Mlnarik Jennifer Klassen Jill Sardeson Lucero Arellano For information or to submit articles, contact Jonee Donnelly, editor, at (408) or to jdonlytx@pacbell.net. Deadlines for submission are: April 15 for May issue; June 15 for July issue; September 15 for October issue; December 15 for January issue. Web Sites of Interest olicy/children/vtnetworkdv-cps.php