scholarly journals Implementation Of Legal Protection Of Children As Victims Of Domestic Psychic Violence

2018 ◽  
Vol 1 (2) ◽  
pp. 397
Author(s):  
Dwi Kurniawan

This research is focused on the normative legal norms and also the object of the law as the main data, they get out of control and a book of rules, which should be fine correctness of the research that has been done. The author conducted research in the area of Semarang Polrestabes. The results of this study are: (1) Implementation of the legal protection of children as victims of domestic violence can be done in two ways, namely the vicissitudes of non-penal and penal. Non-penal efforts undertaken by preemptive and preventive, while the penal effort is an attempt by the police as repressive as psychological violence in the domestic sphere occurred and reported to the police; (2) Constraints faced by the police in the implementation of the legal protection of children as victims of psychological violence in the household, namely: (a) Difficulty in finding strong evidence of child victims of psychological violence, in this case the question is about how to form psychological violence. (B) The difficulty to distinguish children who suffered emotional abuse committed by family members in a household setting. A child who is exposed to violence usually have a psychological fear to reveal their problems as a result of the perpetrator's actions. (C) The number of child victims of psychological violence for people who shut themselves in their environment and also included the police or Child Protective Services. (D) delay in reporting of family members in the household,Keywords: Legal Protection, Child, Domestic Violence.

2021 ◽  
pp. 107755952110026
Author(s):  
Bryan G. Victor ◽  
Ashley N. Rousson ◽  
Colleen Henry ◽  
Haresh B. Dalvi ◽  
E. Susana Mariscal

The purpose of this study was to examine the range of policy approaches used by child welfare systems in the United States to guide workers in classifying and substantiating child exposure to domestic violence (CEDV) as an actionable form of maltreatment. To that end, we conducted a qualitative document analysis of child protective services (CPS) policy manuals from all state-administered child welfare systems in the U.S. ( N = 41). Our findings indicate that a majority of state-administered systems (71%) have adopted policy requiring workers to demonstrate that children have endured harm or the threat of harm before substantiating CEDV-related maltreatment. Many state systems (51%) also include policy directives that require workers to identify a primary aggressor during CPS investigations involving CEDV, while far fewer (37%) provide language that potentially exonerates survivors of domestic violence from being held accountable for failure to protect on the basis of their own victimization. Based on our findings and identification of policy exemplars, we offer a recommended set of quality policy indicators for states to consider in the formulation of their policy guidelines for substantiating children’s exposure to domestic violence that promotes the safety and wellbeing of both children and adult survivors of domestic violence.


2016 ◽  
Vol 33 (18) ◽  
pp. 2802-2825 ◽  
Author(s):  
Ijeoma Nwabuzor Ogbonnaya ◽  
Patricia L. Kohl

Over the past 10 years, there has been a significant decline in the rate of domestic violence (DV) experienced among caregivers involved with the child protective services (CPS) system. It is unclear whether this shift is related to changes in caregiver characteristics. Furthermore, despite evidence that suggests CPS caseworkers poorly identify DV and fail to link families to DV services, limited research exists on whether the current CPS interventions that are known to improve caseworkers’ DV identification will also improve chances for DV service receipt. The present study uses data from the first and second cohorts of the National Survey of Child and Adolescent Well-Being (NSCAW) to compare differences in demographic characteristics and DV experiences between caregivers in NSCAW I (1999-2000; n = 2,758) and NSCAW II (2008-2009; n = 2,207). We also examine the effects of CPS interventions on NSCAW II caregivers’ receipt of DV services external to the CPS agency (i.e., external DV services). Caregivers with caseworker reports of active DV in NSCAW I and II were similar in their demographic characteristics and external DV service experiences. However, caregivers in NSCAW II generally reported lower rates of victimization for specific types of violence than NSCAW I caregivers. Finally, caregivers with active DV involved with an agency that used DV assessment tools were 7.03 times more likely to receive external DV services than those in agencies without DV tools (95% confidence interval [CI] = [2.33, 21.22]). Whereas caregivers in agencies that sometimes (odds ratio [OR] = 0.16, 95% CI = [0.03, 0.99]) or always (OR = 0.15, 95% CI = [0.02, 0.98]) had a DV specialist available were less likely to receive external DV services than those in an agency that never/rarely had a DV specialist available. We recommend CPS agencies use specialized assessment tools to identify DV-affected families and link them to services. Additional research is needed to understand what types of services DV specialists offer within CPS agencies and whether these services meet caregivers’ needs.


2009 ◽  
Vol 33 (1) ◽  
pp. 45-58 ◽  
Author(s):  
Christine Wekerle ◽  
Eman Leung ◽  
Anne-Marie Wall ◽  
Harriet MacMillan ◽  
Michael Boyle ◽  
...  

2015 ◽  
pp. 164-210
Author(s):  
N V Lowe ◽  
G Douglas

This chapter deals with the legal responses to various forms of personal behaviour within the domestic sphere which may amount to physical or emotional abuse. It begins with discussions of the definition of domestic violence and abuse; the scale of domestic abuse; government strategy; and gender-based abuse as a breach of human rights. It then turns to the protection afforded by the criminal law; civil law remedies; and remedies through housing law. It concludes by considering whether the legal response to domestic violence should primarily be the use of the criminal law or through the civil law.


2002 ◽  
Vol 83 (4) ◽  
pp. 405-415 ◽  
Author(s):  
Loring Paul Jones ◽  
Elizabeth Gross ◽  
Irene Becker

The objective of this research was to identify case characteristics of domestic violence cases in a child protective services (CPS) caseload. The sample was drawn from a large California county, and consisted of 442 children chosen at random from among all children who had a newly substantiated abuse case over a 6-month period. Files of sample children were reviewed to derive study data. There were 187 children (42.3%) from families with at least one domestic violence incident. Parents with a domestic violence incident were significantly more likely to have problem characteristics such as substance abuse, and to have more previous CPS referrals than nondomestic violence families. Domestic violence victims were more likely to rely on public assistance, and were less likely to have an employed parent than nonvictims. Domestic violence cases were more likely than nondomestic violence cases to contain a charge of physical abuse, emotional abuse, or failure to protect, and were more likely to have been reported to CPS by the police. Domestic violence victims received more services, conditions in the service plan, and contact from their social workers than nonvictims. Variables that predicted new referrals during a 6-month follow-up period were examined in logistic regression. Domestic violence, previous referrals to CPS, the number of social work contacts, and having an unemployed father were variables that predicted a new referral. More contact with social workers predicted new referrals. These findings suggest that either interventions with domestic violence cases are ineffective or the chronic nature of domestic violence makes new referrals for child maltreatment more likely because mandated reporters such as police intervene with domestic violence.


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