New Developments for Children who Are Victims of Domestic Violence - Term Paper Example

December 7, 2008 NEW DEVELOPMENTS FOR CHILDREN WHO ARE VICTIMS OF DOMESTIC VIOLENCE AND WHAT IS STILL LEFT TO BE DONE INTRODUCTION The incidence of domestic violence continues to be a cause for alarm and threatens the social fabric of a nation. A large percentage of the victims are children. While a number of developments have taken place, still an urgent need to effectively addressing it, exists. This paper seeks to achieve a complete understanding of the problem with its corresponding root causes in the hope that it may in some modest way become instrumental in transforming society and ensuring a safer world to live in and ultimately seeing that children in particular will cease to be victims of oppression, exploitation, discrimination or any other form of abuse or violence for that matter. WHAT IS DOMESTIC VIOLENCE "Domestic violence is abusive behavior categorized as emotional, psychological, physical or sexual, where one person uses an intimate relationship to control another. It takes the forms of threats, name calling, preventing contact with family or friends, withholding money, actual or threatened physical harm, stalking and sexual assault. It is imperative to note, that all victims has the right to legal relief" (NYSCADV- "What is Domestic Violence"). From this, it could be very well gleamed that domestic violence is a most significant child welfare issue. However, most of the recent researches on domestic violence delve on young children who are exposed to violence within their homes. Volume 12(1) of The Prevention Researcher specifically focuses on domestic violence and adolescents. WHO ARE THE CHILDREN WHO ARE VICTIMS OF DOMESTIC VIOLENCE Categorized into two groups, first, they may either be living in their own homes, or second, they may be living in institutionalized homes away from their parents such as foster group homes, detention facilities, or in other such institutions. In the first category, children become victims due to adverse economic and socio-cultural realities. With the present economic crisis, children may carry a large burden of being expected to work to stretch household budget for the family to cope with the spiraling prices of commodities. Marginalized children are deprived of basic needs such as education, food and quality home care. Others suffer from generally perpetrated sexual abuses which have resulted in violating their rights and crippling their potentials. In the second group, these children in their institutionalized homes become more vulnerable to abuse, maltreatment and neglect. According to Senator Leichter, the reports on abuse here are low and more often perpetrators of abuse get away scot-free due to lackadaisical manners of investigations as in records are being expunged or that the case miraculously disappears without a trace. PERCENTAGES OF CHILD ABUSE Research has shown that about 30% to 60% of cases involving child abuse and neglect involve a history of domestic violence (NYC Mayor's Report). Behavioral, emotional and cognitive functioning disorders among children likewise have been found to be associated with domestic violence (Edleson). The Child Advocacy Center (CAC) reports that federal and local governments have taken great strides in the last forty years to prevent child abuse. CAC also mentions that regardless of the 1974 law passed by Congress requiring adults to report suspected child abuse, the abuse rates have gone up nationally in the U.S. and in New York in particular. CAC further shows below, several forms of child abuse most prominent in NYC : Neglect 65.9 % Physical Abuse 9.5 % Sexual Abuse 2.9 % Emotional Maltreatment 0.7 % Medical Neglect 2.6 % Other types 18.3 % It is therefore significant to note that as observed from this report, the problem of domestic child abuse should be taken more seriously to prevent hurting children with more impunity, as the recovery process among the youth today tend to be more difficult. EFFECTS OF DOMESTIC CHILD ABUSE The CAC also explains that the act of domestic child abuse becomes a continuing cycle for the simple reason that one in every three abused children, will abuse their own children, eventually giving no end to the problem. Abused children will continue to exhibit their learned violent behavior. The case of Nixmary Brown is a perfect example. Nixmary's mother was abused by her boyfriend who in turn stood by and let her boyfriend beat and kill 6 year-old Nixmary. The CAC further emphasizes, that if steps were taken to end the cycle of violence against children, abused children like Nixmary could have a chance to survive . Children victims of domestic violence are also most likely to develop a range of physical and psychological problems as in increased aggression towards adults and peers, decreased responsiveness to adults, post traumatic stress disorder, depression, anxiety, hyperactivity, insomnia and eating disorders (www.endabuse.org). Hence, every unreported incidence of children who are victims of domestic violence leads to a greater problem of every nation, considering that the youth of today, is the hope of our future. How do we then protect them' More importantly, how do we preserve the rights of these abused and oppressed children' LAWS TO PROTECT CHILDREN WHO ARE VICTIMS OF DOMESTIC VIOLENCE The Constitutions of every land, the Penal Code, and more specifically the Family Code of every country and its respective legislatures recognize the importance of child protection. The prevalence of the problem has paved the way for new laws to be passed. In NYC last year, a current update for legislations pertaining to domestic violence and violence against women and children were passed during the 2008 NY State Legislative Session. Most prominent of the fifteen legislative acts (NYSCADV-Policy Updates) is the signing into law of the Fair Access To Family Court. "Over the past twenty years, advocates across the State of New York have been urging the NYS Legislature to allow all victims of domestic violence access to civil orders of protection. On Tuesday, June 20, 2008 the marathon ended with the passage of A11707 and S8665. Before its passage, NY was the only state that did not have some form of broader access to civil orders of protection" (NYSCADV-Policy Updates). The other pertinent laws passed from as reported in the NYSCADV Policy Updates are as follows: 1). Expanded Access to Family Court; 2). 911 Law - Criminalizes Interference With Calls for Emergency Assistance; 3). Free Security Freeze of Credit Report for Domestic Violence; 4). Criminalizes Knowing Report of False Child Abuse Claim; 5). Non-penalties in Custody/Visitation for Good Faith Efforts to Protect Child; 6).Concurrent Petitions Seeking Custody Under Different Articles of Family Court; 7). Addresses Inadequacies in2006 Law Allowing Pets (of the protected person or the minor) in Order of Protection; 8). Adds Written Communication to Elements of Aggravated Harassment in the 2nd Degree; 9). Provides for Undocumented Immigrant Eligibility for Domestic Violence Shelter; 10). Allows Child Protection Service Access to Criminal History Reports of Adults in Residence; 11). Safe Harbour for Exploited Children Act; 12). Protection and Advocacy for Child Victims; 13). Requires Court to Review Orders; and 14). Certification and Approval of Foster and Adoptive Parents With Criminal Conviction. Other administrative laws were likewise passed for the Social Services, for aids to dependent children and for the enhancement of procedures to ensure the protection of victims of domestic violence (suspect.com). Are the legislative acts and the administrative laws enough to sustain the continuous protection of abused children' What else can be done' FURTHER PROTECTING CHILDREN WHO ARE VICTIMS OF DOMESTIC VIOLENCE Aside from the New York City government providing services for the protection of children vis a vis the SCR (State Central Register with a child abuse and maltreatment hotline), the ACS (Administration for Children's Services and the OCFS (Office for Children and Family Services), many advocacy groups which are non-profit membership organizations have ably assisted the city government in their desire to provide services and uplift the status of abused victims of domestic violence. In NYC, such advocacy groups, to name a few are as follows: NYSCADV (New York State Coalition Against Domestic Violence, popularly referred to as the Coalition), the CAC (Child Advocacy Center) and the HSCCA (Helping Stop the Cycle of Child Abuse). The procedure in the case of the ACS is to place a call to the SCR for abuse and maltreatment, 1-800-342-3720 for Public, or 1-800-635-1522 for Mandated Reporter or when the report is accepted, SCR determines whether it meets the requirements for an investigation. The ACS then assigns the case to a child protective specialist. The specialist contacts the reported child's family within 24 hours. The ACS has 60 days to conduct an investigation and reach a finding. Should it be unfounded or no credible evidence of abuse or neglect is found, either the case is closed or preventive services are given on a voluntary enrollment. If some credible evidence of abuse or neglect is found, these are categorized into three: a). Immediate Danger - safety measures could include foster care placement; b). High-risk - Voluntary or court-mandated services, and c). No or Low-Risk - Voluntary preventive services. To follow up a reported case, ACS's Office of Safety First may be contacted at (718)-KID SAFE (543-7233). All these reports can be made 24 hours a day, 7 days a week by calling the NYS SCR (NYC Department of Health and Hygiene and NYC Administration for Children's Services). The Coalition on the other hand has for its mission the eradication of domestic violence and the insurance of providing effective and appropriate services to victims of domestic violence through community outreach, education, training, technical assistance and policy development, (NYSCADV Mission and Services). This group has been the driving force since 1978 throughout the New York State providing for the aforementioned services for both the women and children victims of domestic violence. The Coalition members are licensed by the NYS Office for Children and Family Services (OCFS) and their domestic violence hotline was started in 1981, while in 1985, they started the first statewide Spanish speaking domestic violence hotline which is now operated by the Violence Intervention Program in NYC. With 19million residents living in NYS, the coalition has developed expertise in providing crucial services to the city's large urban areas, suburban communities and rural counties (NYSCADV Mission and Services). The federally funded programs like CAC, the HSCCA, as well as the safe Horizons give counseling sessions at communal gathering places. The HSCCA centers are confidential, safe and comfortable shelters (CAC). It is hoped that there should be more of these federal funded programs so that more attention can be given to the immediate needs of the victims of domestic violence. There is also a clamor for more volunteers, for more information dissemination of the groups and their programs to engineer precautions and preventions of any further incidence of domestic violence. It might as well also be mentioned that there is a need for the general public to know that the month of April is celebrated as the National Child Abuse Prevention Month (Reagan proclamation). Both the House and the Senate supported this proclamation in 1983, as a culmination of efforts of the U.S. Department of Health and Services, Administration for Families and Children in order to bring awareness to the rampant and systemic tragedy of witnessing children becoming victims of domestic violence (Bloodshaw). Awareness and added knowledge of what everyone can do to support all programs pertaining to the prevention of child abuse is the best that can be achieved in this April occasion. The government and everyone involved in this noteworthy program may claim to be doing every possible thing they can to prevent domestic child abuse. A closer scrutiny however of NYC manifests that the big city has its focus on many other matters and may by just half a beat not fully regarded the problem at hand to be as important. The question remains, has NYC really given its full blast support to children who are victims of domestic violence' WHAT IS LEFT TO BE DONE While indeed modest achievements have been gained in the protection of children who have become victims of domestic violence, still much has yet to be done in the areas of national or political participation, support to the programs of advocacy groups and a serious involvement of concerned citizens. It is an acknowledged fact, that there is an urgent need to seriously address the increasing incidences of children becoming victims of domestic abuse. The approval of legislative acts and administrative procedures, while they prove to be a milestone in lawmaking and jurisprudence is not conclusive to the effective application of its provisions as mandated. Therefore, all government agencies, to the inclusion of hospitals, counseling services, support groups, the non-profit advocacy organizations, and concerned individuals should work hand in hand to support all these laws, all pertinent programs and projects. There should also be the presence of the much needed awareness of the child abuse issue, and the promptness and the decency to report all known cases affecting children who in a sad state end up being victims of domestic violence. Federal funded programs such as the Child Advocacy Center (CAC), Helping Stop the Cycle of Child Abuse (HSCCA) and the like, should have proper dissemination of all necessary information as to how the public may support them. Moreover, for any known incident that a child has become a victim of domestic violence, the same should be immediately reported and the proper remedial procedure be taken so as not to worsen the condition any further. Several studies, especially those conducted by the NYC Children's Services have also shown that neighbors within everyone's own respective communities can reduce the rate of domestic violence by simply increasing their watchful awareness and working together in a more coordinated manner. In this manner, neighbors can easily and successfully stop child abuse or neglect. For a truly concerned citizen, it is best to help other people to understand the possible and immediate causes of abuse and neglect. Should there be a parent who is under any stress, the simplest way to be of any help, is to encourage the parent to seek help or assistance. To locate a parenting program that can provide guidance and support, the office of the Prevention Information and Parent Hotline, may be contacted at 1-800-342-7472 (http://www.nyc.gov/html/acs/html/child_safety/prevent_abuse.html). From the same aforementioned web link, it may likewise be of great help to learn more by calling the Administration for Children's Services's (ACS) Division of Neighborhood Based Services (NBS) at 212-341-3060 and secure a copy of the Parents' Guide to New York State Child Welfare Laws. The same NBS group can also be requested to send an official representative to speak in communities about child abuse. It is noteworthy to consider reporting any known or suspected case that is observed. Timely reporting can more often protect children from any further danger and can assist some problematic families to address their various family concerns and controversies. International agreements and declarations may likewise be added to the generally accepted guiding norms and principles, the related statutes, legislative acts, administrative rules, constitutional provisions, penal codes and all other laws pertaining to the prevention of child abuse. The 1989 Convention on the Rights of the Child is an international agreement among the different countries calling for the promotion and protection of children's rights (http://portal.unesco.org/education/es/ev.php). The Universal Declaration of Human Rights recognizes that "inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world" (http://www.un.org/Overviewiewing/rights.html). As a finis, the theoretical presentation of the paper may be very ideal, but the truth of its final goal to be completely reached may be a far call from reality, especially for the children who are the poor and unwilling victims of domestic violence. It is however hoped that in time, all our children, and our children's children, may eventually be provided with ample legal protection and that they may be rewarded the promotion of all their basic human and legal rights. After all, our very future lies in the core of their hearts and their dutiful hands. A modest endeavor to contribute to the difficult process of transforming our society, all other similar efforts may be deemed as initial concrete steps towards providing security to the life of every child who is the hope of our motherland. The depth of any contribution that may be provided is therefore endless. Works Cited Adler, Leonore Loeb and Florence L. Denmark, Eds., Violence and the Prevention of Violence, Westport, CT: Praeger Publishers, 1995. Bloodshaw, Tracey A., Esq., P.C., "April is National Child Abuse Prevention Month". Copyright @ TraceyA.BloodsawNYCFamilyLawBlog Buzawa, Eve S. and Carl G. Buzawa, Domestic Violence: The Changing Criminal Justice, Connecticut: Auburn House, 1992. Catlin D., Gina G., Arielle M., "Child Abuse in New York City", Child Advocacy Center (Social Action Plan). Convention on the Rights of the Child: 1989 UNESCO Education Adopted by the United Nations General Assembly in 1989. www.cirp.org/library/ethics/UN-convention Davis, Richard L., Domestic Violence: Facts and Fallacies, Westport, CT: Praeger, 1998. Edleson., Jeffrey L.., "Children's Witnessing of Adult Domestic Violence", Journal of Interpersonal Violence, 14(8). New.vawnet.org/category/Main_Doc.php'docid=392 Engel, Beverly, The Emotionally Abusive Relationship: How To Stop Being Abused and How To Stop Abusing, Hoboken, NJ: John Wiley & Sons, 2002. Journal of Interpersonal Violence, Vol. 14, No.8, 839-870 (1999). DOI: 10.1177/08862099014008004 Leichter, Senator Franz S.,'New York State Abansons Victims of Institutional Child Abuse , A report, Manhattan, Bronx, September, 1993. "Moving Victims of Violence from Crisis to Confidence", May 2006. New York City Administration for Children's Services, "What Happens When I Report A Suspected Case of Child Abuse or Neglect'", Child Protective Investigation http://www.nyc.gov/html/acs/downloads/pdf/childaf... New York Laws > Social Services > Aid To Dependent Children > Procedures To Insure The Protection Of Victims Of Domestic Violence. ' 2008 suspect.com New York State Coalition Against Domestic Violence (NYSCADV), "Mission and Services" nyscadv@nyscadv.org New York State Coalition Against Domestic Violence (NYSCADV), "Policy Updates", nyscadv@nyscadv.org New York State Coalition Against Domestic Violence (NYSCADV), "What is Domestic Violence", nyscadv@nyscadv.org New York State Office of Child and Family Services publication, "Mayor's Office to Combat Domestic Violence, Summary Guide for Mandated Reporters in New York State". City of New York, Copyright 2008. www.ocfs.state.ny.us. O'keefe, Maura and Shirley Lebovics, M.S.W., I.C.S.W., Adolescents from Maritally Violent Homes, Volume 12(1) of The Prevention Research Focus. Resources for Child Abuse Statistics, RESOURCE INDEX, HELP the KIDS By Pandora's box, prevent-abuse-now.com Reagan, Ronald, Proclamation 5172, speech, delivered on 3 April 1984. Roberts, Albert R. ed., Handbook of Domestic Violence: Intervention Strategies (Policies, Programs and Legal Remedies), Oxford University Press, 2002. The Prevention Researcher - Prevention of Domestic Violence During ... http://www.tpronline.org/article.cfm/Prevention_of_Domestic_Violence_During_Adolescence Universal Declaration of Human Rights, General Assembly of the United Nations, May 1st, 2006. http://www.un.org/Overviewiewing/rights.html World Health Organization, 1996b. Commercial Sexual Exploitation of Children: The Health and Psychological Dimensions, Paper Presented at the World Congress Against Sexual Exploitation of Children, 27-31 August, 1996. Stockholm. Read More