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When should domestic violence be reported as child abuse or neglect?
Domestic
violence is a pattern of assaultive or coercive behaviors, including physical,
sexual and emotional abuses, as well as economic coercion that adults
use against their intimate partners to gain power and control in that relationship.
Domestic violence is present in all cultures, socio-economic classes, communities
of faith, etc. Domestic violence almost always
increases in intensity, severity and/or frequency. The presence of domestic
violence is a risk for children. However, not all situations of domestic violence
require a report to DHS or law enforcement. DHS's authority to intervene
with families is based on whether a child is being physically abused, sexually
abused, neglected, suffering mental injury, or is being subjected to an activity
or condition likely to result in substantial harm.
A report to DHS or law enforcement is necessary when there is
reasonable cause to believe there is current domestic violence or the alleged
abuser has a history of domestic violence and one of the following:
- There is reason to believe the child will or is
intervening in a violent situation, placing him at risk of "substantial
harm."
- The child is likely
to be "harmed" during the violence (being held
during violence, physically restrained from leaving, etc.).
- The alleged abuser
is not allowing the adult caregiver and child access to basic needs, impacting
their health or safety.
- The alleged abuser has killed, committed "substantial
harm," or
is making a believable threat to do so to anyone in the family, including
extended family members and pets.
- The child's ability to function on a daily
basis is substantially impaired by being in a constant state of fear.
If you
know a child is witnessing repeated or serious domestic violence and you
are unsure of the impact on the child, call and consult a CPS screener.
How does Child Welfare respond to domestic violence cases?
Child
welfare practice in domestic violence cases (PDF)
Within DHS, both adult protective services and child protective
services may be needed in some instances of domestic violence.
This document describes child welfare practice for those
domestic violence cases.
Also
see: Domestic
Violence and Child Protective Services Collaboration
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