CynthiaHassan Mary Madden Justin Morgan ParmettRamsey County Human Services

Child ProtectionRamsey County

Family Court RefereeChildren’s Safety Centers

Supervised Visitation

LISA’S STORY

CAST OF CHARACTERS:

• Lisa – 6 Years Old, 911 Caller

• Andrea – 4 Years Old

• Baby Boy – 3 Weeks Old

• Cindy – Mother Of Children

• Pierre – Father Of Baby Boy And Common Law Partner To Cindy

LOCATION: Lisa’s Family Home, California

YEAR: 1991© Children’s Safety Centers® 2008

In A National Survey Of Over 6,000 Families,

50% Of The Men Who Frequently Assaulted Their Wives,

Also Frequently Assaulted Their Children

© Children’s Safety Centers® 2008

© Children’s Safety Centers® 2008

Men Who, As Children, Were Exposed To Their Parents'

Domestic Violence Are TWICE As Likely To Abuse Their Own Wives Than Sons Of Nonviolent Parents.

Children Who Are Exposed To Domestic Violence Are More Likely To Exhibit Behavioral And Physical Health Problems, Including:

• Depression• Anxiety• Violence Toward Peers• Suicide Attempts• Abuse Of Drugs & Alcohol• Attempts To Run Away From Home• Prostitution• Commitment of Sexual Assault Crimes

© Children’s Safety Centers® 2008

© Children’s Safety Centers® 2008

Boys Who Are Exposed To Domestic Violence Show Dramatically

Elevated Rates Of Battering THEIR OWN PARENTS

As Adolescents Or Adults

(Silverman & Williamson, 1997)

© Children’s Safety Centers® 2008

Daughters Of Battered Women Show Increased Difficulty In

Escaping Partner Abuse In Their Adult Relationships

(Doyne et al., 1999)

BOTH Girls And Boys Have Been Observed To Accept Various Aspects Of The Batterer’s

Belief System Including That…

• Victims Of Violence Are To Blame• Women Exaggerate Hysterically When They

Report Abuse

• Males Are Superior To Females.

• Use Of Violence Against Women By Men Is

Justifiable

(Hurley & Jaffe, 1990) (Bancroft & Silvermann, 2002)

But….To Lisa And The Other Children, It Couldn’t Have Been More

Traumatic

• She Sustained Red Marks To One Side Of Her Neck• No Blood, No Guts, No Gore…..• Pierre Was Arrested For A Felony And Charged With A Misdemeanor• “Seemingly” Low Level Of Violence

SO WHAT CAN BE DONE?

• Family Court• Child Protection

• Supervised Visitation

 •Physical harm or bodily injury or assault;

•Infliction of fear of imminent physical harm or bodily injury or assault;

•Terroristic threats;

•Criminal sexual conduct; and Interference with an emergency call.

Chemical dependency;

Mental illness;

Neglect.

Spouses & former spouses; Parents & children; Persons related by blood; Persons who or have resided together; Persons who have a child in common; A man & woman if woman is pregnant

and man is alleged father; and Persons involved in a significant romantic

or sexual relationship.

1. Must complete petition & supporting affidavit2. Can be done through county office, shelters, DV

programs, with advocate, by party or attorney3. filing fee automatically waived by statute4. Judge reviews petition – denies or grants5. If granted, staff gives copy to petitioner, arranges for

service of the order, and sends copy to law enforcement for personal service.

6. At the hearing, the Judicial Officer decides whether to issue the final order for protection.

7. No hearing if: protection, exclusion from home or work, insurance only

8. Other relief requires hearing

• On behalf of children;• No contact;• Exclusion from residence, employment, school;• Custody and parenting time;• Child support and spousal maintenance;• Continuation of insurance;• Property issues;• Counseling or treatment for respondent (mental health, domestic

abuse, chemical dependency, anger management) – review hearing• Firearms• Note: The prohibition against possession of guns/ammunition by a

respondent is subject to differing opinions among Judicial Officers: some believe this clause should always be included, some believe it should never be included, and some believe it should be left to the applicable federal law; and

• Duration.

Always temporary

Marriage – neither has superior right to custody, best interest findings

No marriage & no custody order, mother granted legal & physical custody

Prior custody order generally governs unless safety of victim and/or children dictate otherwise

1. With or without an OFP

2. Existing proceeding

3. New proceeding

ex parte order (with motion & affidavit) request for order without formal notice

requirements court may require explanation of efforts made to

notify, or reasons why efforts were not made State no prior applications for similar relief or order

have been made; or If have been made, state court and judge to whom

prior application made; result; and what new facts exist.

Temporary change of custody pending hearing Temporary change or restrictions on parenting time

rights (suspended, supervised) pending hearing

Hearing must be held – no time requirements Review of temporary order

Permanent order standard for change of custody – endangerment Standard for change in parenting time – best

interest

Appointment of GAL

Custody or parenting time evaluation

Mental health/ chemical dependency evaluations

1. Summons & petition for custody & parenting time

2. Personal service

3. Same process

4. Standard is best interests

Child Protection in the State of Minnesota is a County by County

system designed to respond to incidences of alleged

maltreatment of minors.

• The mandate to assess risk to children is standard. • Committed to assist all parents in safely meeting the

needs of their children. • Support the individual child rearing practices of families

within the parameters of the law. • Remain very aware of varying cultural practices and

norms• Prevention services are provided by family, friends and

community based service providers and have the greatest success in engaging caregivers in their efforts

to enhance their care giving abilities

Child Protective Services only has jurisdiction in those case involving

evidence of abuse/neglect as defined by law.

Children’s services encourages mother’s and father’s to exercise their rights as parents take the steps necessary to

provide their children with an environment they believe is appropriate

for their child.

QUICK DESCRIPTION OF SV

SUPERVISED VISITS

• Level A

• Level B

• Level C

SAFE EXCHANGES

MONITORED PHONE CALLS

Over 40,000 Services To More Than 8000 Families

Since 1993

9:00 a.m.

9:00 a.m.

9:15 a.m.

9:15 a.m.

11:15 a.m.

11:15 a.m.

VISITING PARENTS

• Know They Are Safe

• Are Given a Chance to Maintain or Build a Relationship with

their Child

• Have Objective Observations

92 % of CSC Visiting Parents Indicate That Their Visits Are Safe And Loving

CUSTODIAL PARENTS• Know They Are Safe

• Know Children Are Safe

• Have Reduced Fear of Kidnapping

88% of CSC Custodial Parents feel that they would have a GREATER FEAR FOR THEIR PERSONAL SAFETYif their Visits or Exchanges were NOT Supervised by CSC

80% of CSC Custodial Parents FEEL THEIR CHILDREN ARE SAFE FROM ABUSE during their Visits or Exchanges at CSC

CHILDREN• Become Healthy Adults

• Experience Positive Role-Modeling

• Develop a Sense of Safety

• See a Person They Love Most in the World

• Repair, Rebuild or Maintain Healthy Relationships

93% of Visiting Children FEEL SAFE During Their Visits at CSC

85% of Visiting Children ENJOY VISITING THEIR PARENT at CSC

Ensure Safety and Trained Personnel Documentation and Notes Team-Based Decision Making Unbiased and Objective View of Situation Family/Friends are Not Placed in Difficult Circumstances Having come from the same family or community system, family

and friends acting as supervisors may have a limited understanding of what constitutes healthy, safe interactions with these children during times of high conflict and danger

Provide Logistical Support to Attorneys, Court Workers, Guardians ad Litem and Social Workers.

Only for Kids Directly Abused Center is a Sterile/Penal

Environment Not Culturally Relevant It’s Not Comfortable for the Kids He/She Doesn’t Have (Doesn’t

Deserve) Access to the Child(ren) At All