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Child Abuse—Child custody—articles

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ABA Commission on Domestic Violence eNewsletter on DV and Child Protection

added 04/02/2009

An e-newsletter featuring articles from experts on the intersection of domestic violence and child protection.

ADVOCATING FOR COMPREHENSIVE ASSESSMENTS IN DOMESTIC VIOLENCE CASES

added 08/27/2008
Zandra D’Ambrosio

"Many jurisdictions handle domestic violence cases on a one-size-fits-all basis, with a presumption in favor of a finding of child neglect and removal when children are exposed to domestic violence. This author proposes that states develop a standard for both courts and child protective agencies that carefully examines each domestic violence case using an individualized factual analysis and attempt to mitigate the effects of a child’s exposure to domestic violence by means other than a presumption for or against removal (temporary or permanent) in every case."

Beyond Observation: Considerations for Advancing Domestic Violence Practice in Supervised Visitation (pdf)

added 08/11/2008
Jay Campbell and Derrick Gordon With Ona Foster

"This paper presents considerations for expanded practice in the Supervised Visitation Grant Program and describes interventions that go beyond observation in the supervised visitation setting."

Child Custody and Visitation Decisions in Domestic Violence Cases: Legal Trends, Research Findings, and Recommendations

added 10/18/1998
Daniel G. Saunders for VAWnet

A surprising number of battered women lose custody of their children to their abusive partners. This document describes some of the legal and cultural trends surrounding custody and visitation decisions and the social science evidence supporting a need to consider domestic violence in these decisions.

Other formats: pdf

Child Custody and Visitation Decisions in Domestic Violence Cases: Legal Trends, Risk Factors, and Safety Concerns (Revised 2007) (pdf)

added 08/11/2008
Daniel G. Saunders in consultation with Karen Oehme (Revised October 2007)

"Describes major legal and social trends surrounding custody and visitation decisions and the social science evidence supporting the need to consider domestic violence. Recommendations for custody and visitation decisions are explored."

Other formats: html

Custodians of Abuse

added 09/19/2006
Kristen Lombardi

This article addresses the likely and realistic outcome regarding custodial care decisions during divorce battles. It would seem apparent that the parent responsible for inflicting abuse upon their child is often the one to receive unsupervised visitation rights and often even full legal custody as well.

Danger Zone: Battered Mothers and Their Families in Supervised Visitation

added 10/28/2008
Tracee Parker, Kellie Rogers, Meghan Collins, and Jeffrey L. Edleson

"This paper outlines research conducted at a supervised visitation center specifically for serving families where domestic violence was the primary reason for referral. The authors have classified their experiences based on these main subjects: battered women in supervised visitation, how battering continues during supervised visitation, how the rules of the supervised visitation center evolved during the first 18 months of implementation, the importance of well-trained visit monitors, and the need to include supervised visitation centers within a larger context of coordinated community responses to domestic violence."

Implementing Evidence-Based Practice in Treatment Foster Care (pdf)

added 03/27/2009

The guide highlights valuable information, references, resources, and tools for implementing Evidence-based Practices (EBPs) in Treatment Foster Care (TFC) service settings. The Resource Guide identifies specific models, interventions, and tools that TFC providers can use to deliver effective services to the children, youth, and families in their care. It also provides “how-to” information to help TFC providers successfully implement desired EBPs in their programs.

Keeping Children Safe When Parents Are Arrested: Local Approaches That Work

added 10/20/2008
California State Library and Research Bureau, July 2007

This report presents protocols developed by four California communities that coordinated responses between child welfare services and law enforcement when parents are arrested. The report found that there were decreased trauma rates in the communities, fewer children taken into custody by child protective services, and increased positive interaction between parents, communities, and law enforcement.

Model Protocol for Advocates Working with Battered Women Involved in the Child Protection System

added 05/10/2005
Lupita Patterson

This protocol includes policy and practice recommendations for advocates who work with battered women involved in the child protection system.

Parental Alienation Syndrome and Parental Alienation: Research Reviews (pdf)

added 06/14/2009
Joan S. Meier

This VAWnet document provides a historical and research overview of Parental Alienation Syndrome and Parental Alienation, identifies strategic issues for advocates working with victims, and offers guidelines to improve courts’ treatment of these issues.

RESEARCH INDICATING THAT THE MAJORITY OF CASES THAT GO TO COURT AS "HIGH CONFLICT" CONTESTED CUSTODY CASES HAVE A HISTORY OF DOMESTIC VIOLENCE

added 01/07/2009
Compiled by Professor Joan S. Meier, Esq.

This document, comprised of research from many leading experts in the field of domestic violence, lays out the case that the majority of high conflict child custody disputes have a history of domestic violence.

Second Comprehensive Study of Missing Children

added 04/25/2000
Louise Hanson

A 6-page Bulletin posted by the Office of Juvenile Justice and Delinquency Prevention (OJJDP). The design of the National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children (NISMART 2) study is described in this Bulletin, which outlines how it will provide vital data on the incidence of missing children in seven categories: runaway/thrownaway, nonfamily abduction, family abduction, custodial interference, lost and involuntarily missing, missing due to injury, missing due to false alarm situations, as well as children who have been sexually assaulted.

The Troubling Admission of Supervised Visitation Records in Custody Proceedings

added 02/06/2003
Nat Stern and Karen Oehme

This document, originally published in Vol. 75, No.2 of the Temple Law Review, explores the purpose of supervised visitation programs and the legal community's call for their development. At the core of this document is an examination of the standards and guidelines of these programs, as well as the issues surrounding the use and admissibility of observation reports used by these programs.

Other formats: plaintext • pdf

The Use of Expert Testimony on Intimate Partner Violence (pdf)

added 11/04/2009
Kathleen J. Ferraro and Noël Bridget Busch-Armendariz, VAWnet

"This Applied Research paper presents an overview of the uses of expert testimony, the qualifications and roles of experts, the literature on the use of testimony on the effects of battering, and considerations for future research."

Other formats: html

Violence Against Women Document Library

added 05/09/2007
Violence Against Women Online Resources

A huge variety of information and resources are categorized by topics relating to children and domestic violence, including information about advocacy, child custody and protection, and criminal justice responses.

When Children Experience Domestic Violence: Expert Opinion

added 04/30/2008
National Coalition for Child Protection Reform

This document includes a summary of a ruling made by a New York Judge to stop removing children from battered women because children of such women are exposed to domestic violence.