A SAF e R Approach to Child Custody Cases Involving Domestic - PDF document

A SAF e R Approach to Child Custody Cases Involving Domestic Violence: Implementation Technical Assistance and Training Availability Through BWJP Loretta Frederick Senior Legal and Policy Advisor, BWJP Nancy Ver Steegh Professor of Law, Mitchell Hamline Law School April 10, 2019 OVW Disclaimer – Thanks to OVW! • This project was supported by Grant No. 2018‐TA‐AX‐K012 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this training are those of the faculty and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. Webinar Objectives Participants will be able to: • Identify the elements of the SAF e R approach to child custody disputes involving domestic violence • Describe the utility of SAF e R tools and practice guides • Plan for implementation of SAF e R through local trainings and technical assistance 1

The Problem People’s Experience of IPV Institutional Responses to IPV Background Henry County Custody Expert Focus Groups Evaluations Interviews • Case Files • Battered Parents • Observations • Reports • Researchers • Batterer • Interviews • Facilitated • Advocates Intervention • Focus Groups Analysis • Judges • Attorneys • Practitioners • Guardians • CASAs Emerging Themes Ill‐defined terminology Inconsistent assessments/assumptions Lack of reliable information Poorly informed decision‐making Disconnected interventions and services 2

Interconnections Disconnected interventions Poorly & services informed decision‐ Lack of reliable making information Inconsistent assessments Ill‐defined terms Research • Practitioners’ knowledge, assumptions, and beliefs about IPV ( and other concepts like alienation, gatekeeping, and high conflict ) are more closely associated with their approach to (and outcomes of) these cases than what’s going on in the real life of the parties. ‐ Saunders, et al.; Hardesty, et al.; Davis, et al. • Many of these concepts are being applied even though there’s widespread disagreement in the field about what they mean and why they matter. ‐ Fidler, Bala, & Saini Closing the gap between people’s experience of IPV and institutional responses to it. 3

SAF e R What is What can actually be done going on? about it ? Assess the Focus on Screen for Nature & Respond to the Effects IPV Context of IPV of IPV IPV Is abuse Why does an issue it here? matter? Worksheets S A F e R Screening for IPV Assessing IPV Focusing on Effects of IPV Responding to IPV www.bwjp.org Worksheets S 4

Screening Guide Interview Guide Screening Assessing Focusing on Responding Effects Worksheets A 5

Worksheets F e Worksheets R Rest of the worksheets Basic worksheets Detailed worksheets Specialized worksheets www.bwjp.org 6

SAF e R Approach 7

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A BUSE OF V ICTIM ‐ P ARENT 15

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Focusing on the Effects: Child Custody and Parenting Time/Visitation 17

SAF e R SAF e R SAF e R 18

SAF e R SAF e R SAF e R 19

Other specialized SAF e R worksheets • Accounting for Abuse in Orders for Protection (child related relief) • Motions to Terminate or Modify CPOs • Mediation Discussion Guide Recap…. • SAF e R tools and worksheets are available to help: • Encourage safe and informed disclosure of domestic violence • Elicit detailed information about the nature, context, and impact of abuse • The key is to: • Assess the full nature and context of abuse • Focus on the impact abuse has on the issue or concern at hand • Develop strategies that account for the real life experience of abuse How to Promote the Implementation of the SAF e R Approach in Your Community 20

SAF e R Training Availability: Options • Standard or Customized • Multidisciplinary Statewide Regional Local SAF e R Training Availability: Options • Discipline‐specific • Advocates • Attorneys • Guardians ad Litem • Mediators • Judges • Custody Evaluators SAF e R Training Availability: Options The Minimum : Introduction to SAF e R 60‐90 minutes Standalone presentation OR Workshop offered at an existing conference OR Plenary At an existing conference At an annual or special meeting 21

SAF e R Training Availability: Options The Maximum #1: Intensive 2‐day skill‐building institute for a specific professional group advocates attorneys mediators guardians ad litem judicial officers custody evaluators etc. SAF e R Training Availability: Options The Maximum #2 Intensive 2‐day institute focused on application to one legal setting Civil protection order cases child custody cases mediations SAF e R Training Availability: Options In Between: Half day or full day in depth sessions • Profession specific • Case‐type specific 22

SAF e R Implementation Technical Assistance • Map intervention points and practitioners • Identify challenges in SAFeR implementation • Choose challenge areas to address • Choose a range of strategies to address • each challenge areas • Customize tools and trainings • Consultations SAF e R Assess the Focus on Screen for Nature & Respond to the Effects IPV Context of IPV of IPV IPV SAF e R Questions, Comments, Requests Loretta Frederick lfrederick@bwjp.org This project is supported by Award 2018‐TA‐AX‐K012 from the Office on Violence Against Women, US Department of Justice. The opinions, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the US Department of Justice. 23