Domestic Violence and the Child Witness:
A Comprehensive System Response to our
Most Vulnerable Victims
Tina J. Morgan
Sarah Sabri
Former Director
Kids’ FIRST
Assistant District Attorney
Lane County DV Team
Introduction

3-10 million children are at risk of exposure to DV
every year

Up to 70% of DV offenders also abuse their children

DV is the #1 indicator of child abuse in a home & is
the leading precursor to child death related to abuse

Children from homes where DV
occurs are 15 times more likely
to be physically abused, sexually
abused or seriously neglected
Children’s Exposure to Violence

15.5 million U.S. children live in families in which partner
violence occurred at least once in the past year

7 million children live in families in which severe partner
violence occurred at least once in the past year

2/3 of U.S. nonfatal intimate partner victimizations of women
occur at home. Children are residents of the households
experiencing intimate partner violence in 43% of incidents
involving female victims

In a single day in 2007, 13,485 children were living in a
domestic violence shelter or transitional housing facility;
Another 5,526 sought services at a non-residential program

The UN Secretary-General’s Study on Violence Against
Children conservatively estimates that 275 million children
worldwide are exposed to violence in the home
Effects of Exposure to Violence

Exposure to family violence


Pre-natal physical domestic violence


 significantly more likely to become victims of dating violence than daughters of
nonviolent parents
Children who experience childhood trauma, including witnessing incidents of
domestic violence


 Increased risk of exhibiting aggressive, anxious, depressed or hyperactive
behavior
Females exposed to parents’ DV as adolescents


 Suffer symptoms of PTSD (bed-wetting or nightmares); are at greater risk of
having allergies, asthma, gastrointestinal problems, headaches and flu
 Greater risk of having serious adult health problems (tobacco use, substance
abuse, obesity, cancer, heart disease, depression and unintended pregnancy
Physical abuse during childhood

 Increases risk of future victimization among women and the risk of future
perpetration of abuse by men more than two-fold
Developing a New Approach to Domestic
Violence Cases with Child Witnesses
Considerations

How do we best respond to the 1997 change in
Oregon law?

ORS 163.160, Assault in the Fourth Degree –
Section 3(c) increased this misdemeanor charge to a
felony if witnessed by a minor child

How can the large number of key players involved
do their job most successfully?

What is in the best interest of the
children and families we serve?
Key Players in DV Investigations

Law Enforcement

District Attorney

Child Protective Services/ DHS

DV Services (Systems- & Community-Based)

Corrections

Parole & Probation

Therapists, Interpreters, Judges, Immigration, etc.
DV Witness Project

In response to these considerations, the Lane
County MDT broadened Kids’ FIRST services in
1999

Originally developed as a 60-day pilot project, the
DV Witness Project is now in its 13th year

Purpose:
To better coordinate criminal and civil intervention
for domestic violence cases which involve child
witnesses.
Goals and Objectives

Recognize the impact of witnessing violence on
children

Decrease the number of cases opened by CPS by
increasing the safety & stability of adult victims

Reduce duplication of contacts with families

Reduce the time between an incident and the
following interview and intervention

Increase the rate of successful prosecution (higher
conviction rates, fewer trials, more pleas)

Improve cost-effectiveness for all involved
Team Members

DV Witness Project Coordinator

DV Investigator

DHS CPS Worker/Forensic Interviewer

Victim Advocate (system-based)

DV Advocate (community-based)
Lane County DV Witness Protocols
Referral Process


Referrals accepted from:

Law Enforcement (Patrol)

DV Investigator

District Attorney

DHS Child Welfare Program
Referral process:

LEA/CPS report is faxed to Kids’ FIRST

Interview is scheduled 1:30 p.m. the next business day or
by appointment
Interview Process

Coordinator receives report/interview request

Coordinator contacts DV team & provides
names of the involved to check for previous
reports

On their arrival, the family is greeted by an
advocate; needs assessment/safety planning
begins

DV team meets with the adult victim to collect
information and explain the interview process
Interview Process (cont.)

A recorded interview of each child witness is
conducted by a DHS/CPS worker specially trained in
child forensic interviewing

DV Investigator observes the interview from the
center control/viewing room

During the child interviews, a Womenspace advocate
meets with the adult victim to provide support,
referrals, CVC information, safety planning, shelter
assessment, etc.
Interview Process (cont.)

Following the interview, DV team meets again with
the adult victim & explains the next steps for the
criminal case as well as the child welfare
assessment

CPS worker, with team input, determines whether
the children are safe with the victim parent

If the worker believes the children are not safe, a protective
action or plan of some kind must be in place before the
family leaves Kids’ FIRST
Monthly Reviews


Monthly DV Witness Project meeting & case review

DV Investigator

Womenspace

DHS/CPS Interviewers

Pre-trial Services

DV Coordinator

District Attorneys

DHS/CPS Supervisors
Monthly peer review for forensic interviewers to
review & improve interviewing skills
Forensic Interview vs. Patrol Interview

Intimidation of uniform or the scene

Improper interview training

Suggestibility of children

Separation from parents- helps child feel
more secure and away from parental
loyalties

Defense attorneys know who should or
shouldn’t be talking to children
Forensic Interviewers Specialization

Linguistics

Child development

Disclosure and Recantation processes

Post Traumatic Stress Disorder in children

Memory and suggestibility
Case Study: Brittani (age 12)
Please note: the child witness in this case has encouraged the use of
these materials so other people will understand “what us kids go through”
State of Oregon v. Peter Behrens
Case Study: Facts

12 yo Brittani witnessed her mother’s
boyfriend Pete (Defendant) hit and grab her
mother by the throat

Defendant was angry because his younger
children (2-yr-old & 6-wk-old twins) were
crying as he tried to sleep

Brittani’s mom, Holli, intervened when she
was afraid Defendant would injure one of the
infants
Case Study: Facts (cont.)

Brittani looked out her bedroom door and saw Defendant grab
her mom by the throat & throw her to the ground

Holli was unable to breathe & injured elbow (she had a
complicated c-section 6 weeks prior)

Brittani witnessed the assault and called 911

During the 911 call, Defendant realized Brittani was calling
and forced the adult victim to intervene

This is the point in the tape where Brittani calmly
states her siblings were sleeping and that everything
“is fine”
Case Study: Facts (cont.)

Police responded to the incident, taking photographs
and instructing the victim to take the children to Kids’
FIRST the following day

The victim obtained a restraining order the next day
and brought Brittani in for a child interview

Defendant called his mother from jail (she was
babysitting the children so the adult victim could
obtain the restraining order)
DV Witness Project Involvement

All DV team members were present for the interview

The DHS interviewer who interviewed Brittani was
assigned to the case

The case was eventually founded against Pete

The DHS interviewer noted the mother was appropriately
protective & the children remained in the home

A Womenspace advocate was available to provide
information, referrals & support to the adult victim

The interview was recorded by the DV Investigator &
delivered to the District Attorney
Case Resolution

After a trial, Defendant is found guilty of Felony
Assault 4 – Constituting Domestic Violence

Defendant received 18 months in prison & 2 years
PPS

At sentencing, the Judge asked Brittani to come to
the front of the courtroom and praised her for being
the hero in this case. Commended her for her
bravery for making the 911 call and for talking about
what happened on the video and coming into court to
testify.
Prosecution Outcomes
Statistical Overview: 2002
Prosecution Outcomes 2002
Comparison: Rate of Cases Filed
100%
90%
96%
80%
70%
60%
66%
50%
40%
30%
20%
10%
0%
O ve rall
W ith Child Inte rvie w
Prosecution Outcomes 2002
Comparison: Rate of Convictions
100%
90%
93%
80%
70%
60%
50%
53%
40%
30%
20%
10%
0%
O ve rall
W ith Child Inte rvie w
Prosecution Outcomes 2002
Kids’ FIRST Center Case Dispositions
85
84
75
65
55
45
35
25
15
1
5
12
1
5
-5
Change of
Plea
Found Guilty
Found Not
G uilty
Dismissed
No
Disposition
Prosecution Outcomes
Statistical Overview: 2003-2014
Comparison:
Rate of Cases Filed (2003-2014)
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
84%
66%
55%
O ve rall
(1369/2072)
W ith Child
Inte rvie w
(644/765)
W ithout Child
Inte rvie w
(725/1307)
Comparison:
Rate of Convictions (2003-2014)
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
84%
O ve rall
(1452/1688)
87%
W ith Child
Inte rvie w
(576/656)
84%
W ithout Child
Inte rvie w
(874/1035)
Disposition Summary of Cases
Interviewed at Kids’ FIRST (2003-2014)
750
700
650
600
550
500
450
400
350
300
250
200
150
100
50
0
743
47
33
4
Cha nge of
P le a
Alford P le a
33
2
Found Guilty
Found N ot
Guilty
D ismisse d
No
D isposition
2003-2014 Summary
Cases involving a child interview were…

More likely to be filed by a District Attorney

More likely to result in a conviction

More likely to result in a plea bargain (preventing
child witnesses & adult victims from having to testify)

Less likely to result in a dismissal

Equally likely to result in conviction for a charge
constituting domestic violence
Child Welfare Outcomes: 2002-2003
Child Welfare Outcomes

In 2005, an independent research firm was
commissioned to examine Child Welfare outcomes
related to the project.

Of the 103 families served in 2002-2003, 52 had
subsequent referrals to DHS within 1-2 years
following the incident

Only 12 families (12% of the total) had subsequent
referrals related to new intimate partner violence
incidents
Child Welfare Outcomes (cont.)

Calculated from founded reports, the recurrence
rate within 6 months was about 2% - lower than
the statewide average of 7%
(2001 Oregon Child and Family Services Review)

The overall recurrence rate within
two years for families seen at Kids’
FIRST was 6% (statewide data for
this range unavailable)
Child Welfare Outcomes (cont.)
Research has shown that DV and child
abuse co-occur in 30%-60% of cases.
The research firm concluded that the low
rate of subsequent founded referrals related
to intimate partner violence found in their
case file review substantiates the value of
the intervention provided by the Project.
Case Study: Fayana (age 7)
State of Oregon v. Christopher Brewer
Case Study: Facts

7 yo Fayana told her parents to stop arguing in the
kitchen, just before Defendant started to threaten
and chase his wife (Chani)

Chris started to hit Chani while Fayana was standing
in the hallway, and in the process hit Fayana,
knocking her into her bedroom door

Chani grabbed Fayana and tried to hide in a
downstairs bedroom and called 911, leaving a mostly
open line for 40 minutes.
Case Study: Facts (cont.)

Defendant was going up and down the stairs- where
the gun-safe was, threatening to shoot the police

Defendant demanded to know who Chani was on
the phone with

Fayana says “you pushed me”

Fayana yelled “Daddy, don’t shoot! Don’t shoot us!”

Police arrive and remove Chani and Fayana from
the home through a bedroom window
Case Study: Facts (con’t)

Chani is VERY uncooperative with police,
refuses to do or say anything that would be
“evidence” against her husband

Fayana tells officers (“the boys”) that “I guess
daddy’s being a little mean now”

Firearms (including several shot guns and an
assault rifle) are not collected, no photos are
taken
DV Witness Project Involvement

DV investigator does follow-up with Chani
regarding the firearms, pictures, and makes
contact about bringing Fayana in for an
interview

Chani is packing and heading out of town to
her parents’ house

DV investigator convinces her to stay just a
little longer- gets DHS involved while
preparing a SW for the house
DV Witness Project Involvement

Return to house to serve SW – for firearms
and pictures of injuries

CPS caseworker is present to talk about
getting Fayana interviewed and to do safety
assessment

While at the house, Defendant calls from jail,
and Chani agrees to bring Fayana to see him
(DHS prepares to make decision to remove
child)
Criminal Case Profile/ Case Resolution

Defendant indicted on Felony Assault IV, Interfering
with Making a Report, Menacing and Coercion with a
Firearm

Defendant has NO criminal history; escalating
violence, but no prior police contacts

After reviewing 911 call and K1 video, defense
attorney calls and says defendant will plead to
anything

Defendant pleads guilty to above charges. Because
of early acceptance of responsibility, agree to a 36
mo DOC sentence, 3 years PPS.
Aftermath

By the time of sentencing, Chani filed for
divorce

Victim Impact Statement excerpt:

“No matter how mad I may make you, you had no
right, to do what you did that night. I am now on
a path I never thought I would be- fighting for my
own rights to my babies. How could you do that
to Fayana? … I am going to get my children and
keep them safe, whatever the cost. … Do you
even remember what you did? What you said?”
Where do we Go From Here?
Successes

Demonstrable improvement in filing and conviction rates for DV
cases

Battered parents are better supported and informed about CPS
expectations & available resources, leading to better CPS
outcomes

Team members work cooperatively, providing comprehensive
services that result in improved investigations and safety for
victims and their children

Children & families are served in a family-oriented, supportive,
effective manner

Agencies & individuals involved are constantly improving their
relationships with one another
Successes

Increase in legislative recognition of the
impact on children


Felony Strangulation
DV Prosecution Team in Lane County

Began in January 2009 under Alex Gardner

Significant impact on the prosecution and
conviction rates in DV cases

Increased evidence based prosecution
Next Steps…

Continue outreach to rural areas of Lane County

Continue training all law enforcement agencies and
Child Welfare workers in regard to protocols and
best practice
Questions?
Contact Information
Tina J. Morgan,
Former Director
[email protected]
or
Kids’ FIRST
2675 Martin Luther King Jr.
Blvd.
Eugene, Oregon 97401
Phone: (541) 682-3938
Fax: (541) 682-8743
kidsfirstcenter.net
Sarah Sabri, ADA
[email protected]
Lane County District
Attorney’s Office
125 E. 8th Avenue Rm 400
Eugene, Oregon 97401
Phone: (541) 682-4261
Fax: (541) 682-3890
COORDINATION OF CHILD WITNESS TO DOMESTIC VIOLENCE CASES GUIDELINES
The following guidelines are being implemented in an attempt to better coordinate criminal and civil
intervention in domestic violence cases that involve child witnesses.
Time: These guidelines are effective June 4, 2008. Updated: June 2013.
Case Referral: Child witness to DV cases can be referred to Kids’ FIRST for interviews by LEA patrol, the
DV investigator, the District Attorney, or DHS/CWP.
Referral Procedure: The referral entity should immediately fax the LEA or CWP report to Kids’ FIRST.
This report should include any instructions given to the child’s caregiver as to when and where to take the
children for the interview. If the referral is directly from patrol, the normal interview time will be 1:30 the
following business day. If the referral is taking place as part of follow-up activity by LEA, Deputy DA, or
DHS/CWP, the interview should be scheduled by calling or e-mailing the DV Witness Coordinator at Kids’
FIRST. Deputy DAs may request interviews using the automatic notification function in Karpel, the DA
database.
Kids’ FIRST Procedure:
I. Interview Preparation
1. Once the interview has been scheduled, the DV Witness Coordinator will contact the DV Team. The
DV team is comprised of the appropriate DHS interviewer/caseworker, the appropriate LEA
investigator, Womenspace advocate, Kids’ FIRST Victim Advocate, and DV Witness Coordinator.
2. In order to notify the appropriate DHS interviewer/caseworker the DV Witness Coordinator will
immediately contact by phone and fax a copy of the police report to DHS Screening. The case will be
assigned to a DV intake case worker that is next on the rotation. The assigned worker will check for
any previous CWP history and contact the DV Witness Coordinator to confirm interview time.
3. Members of the DV team will arrive at Kids’ FIRST fifteen minutes before the scheduled interview time
to share information about the case.
4. When the family arrives at Kids’ FIRST, they will be greeted by the KF Victim Advocate and given a
packet of materials describing available services. Safety planning will be discussed, if appropriate.
Needs assessment will begin.
5. If the DV victim is present, the DHS interviewer/caseworker, Womenspace advocate, and DV
Investigator will speak with her/him to get background information for the interview and assess victim
needs. The DV Witness Coordinator will be present at this discussion, and pass on relevant
information to the KF Victim Advocate to better focus the advocacy and service delivery to the victim
and her/his children.
6. During this discussion with the victim, the DHS interviewer/caseworker will also explain the interview
process and the safety planning process as per CWP. The safety planning process will include
assessment and referral for drug and alcohol treatment when appropriate.
II. During the Interview
1. The interviewer will then interview each child witness separately. The DV Investigator will observe and
record the interview from a separate room. The DV Witness Coordinator will pass along relevant
information from the KF Victim Advocate to LEA and the DHS/CWP interviewer and vice versa.
C:\Users\ss10\Desktop\MDT Packlet\2 DV Protocols June 2013-2.doc
2. While the interview is being conducted, the Womenspace advocate will meet privately with the victim.
The Womenspace advocate will complete a shelter assessment if needed and provide information
regarding Womenspace services and pre-trial monitoring services for the batterer. The Womenspace
advocate will also provide information regarding domestic violence and its impact on children.
III. Post-Interview
1. When the interview/s are concluded, the DHS interviewer/caseworker, DV Witness Coordinator, DV
Investigator, Womenspace advocate, and KF Victim Advocate if possible will discuss next steps with
the victim. This will include an initial assessment by the caseworker of the non-offending parent’s
capacity to protect the children utilizing David Mandel’s Safe and Together Model. Safety planning
development by the DHS interviewer/caseworker will also be considered for the victim and child if
necessary.
2. The KF Victim Advocate and the DV Witness Coordinator will again share information. The
Coordinator will transmit any relevant information regarding services (needed and/or provided) to the
Domestic Violence Advocate at Victim’s Services (VSP) in the DA’s office, who will provide on-going
case management and advocacy services to the victim and children.
3. The DV Witness Coordinator at Kids’ FIRST will then inform the Deputy DA on the case that the
interviews have been completed and the videos are available on Video Oversight by entering a notice
in Karpel. The investigator may take a copy of the interview on DVD for their case file.
4. Based on the outcome of the initial child safety assessment, including using the Safe and Together
framework, the DHS/CWP interviewer/caseworker will take appropriate action and complete the
assessment as required by DHS guidelines and policy.
5. It is the DHS/CWP interviewer/caseworkers responsibility to communicate clearly any expectations the
agency has of the victim parent to ensure the safety of the child(ren).The MDT agreed upon safety
plan will be noted on the Safe & Together form.
6. In the event that there is a no show by the family and the child, the DHS interviewer/ caseworker will
follow-up with the family and the child(ren) to ensure safety is assessed.
7. If it is determined a child is unsafe, a safety plan and/or protective action must be in place before the
child leaves Kids’ FIRST.
IV. Interview Follow-Up
1. A monthly DV Witness meeting will also be held at Kids’ FIRST and will include LEA DV Investigators,
DHS interviewers/caseworkers, Womenspace advocates, Kids’ FIRST DV Witness Coordinator, the
DHS/CWP Intake Supervisor, Parole and Probation, Victim’s Services, and a Deputy DA. This meeting
will allow time for discussion of protocols, guidelines, and case review. Safe &Together forms will be
completed as part of the review. Originals will go to DHS/CWP Intake Supervisor and a copy will
remain with the DV Witness Coordinator at Kids’ FIRST.
2. A monthly peer review, for DHS interviewers/caseworkers, will be held at Kids’ FIRST to review taped
interviews and improve interviewing skills. This meeting will be facilitated by the Kids’ FIRST Forensic
Interviewer and will include the DHS Intake Supervisor.
C:\Users\ss10\Desktop\MDT Packlet\2 DV Protocols June 2013-2.doc
Effects of Domestic Violence on Children If you are a parent, and you are being abused by your partner, remember: your children are also being affected by the abuse! Children from homes where domestic violence occurs are 15 times more likely to be physically abused, sexually abused or seriously neglected. People who hurt their partners are much more likely to also hurt their children. Even adult victims of domestic violence are more likely to abuse their own children due to the high level of stress and dysfunction domestic violence creates in a home. Children from homes where domestic violence occurs are more likely to suffer from: •
Behavioral problems •
Frequent illnesses •
Depression & anxiety •
Problems in school Children from homes where domestic violence occurs are also more likely to engage in: •
Violence against peers •
Suicide attempts •
Alcohol & drug abuse •
Running away •
Prostitution
•
Crimes including sexual assault
What is the Domestic Violence (DV)
Child Witness Project?
The DV Witness Project was developed in 1999 as a joint project between Kids’ FIRST, the Lane County District Attorney, child protective services and local law enforcement. The purpose of the project is to reduce the impact of the legal system on child witnesses of domestic violence, while helping their non‐offending parents achieve safety and stability. Domestic Violence Child Witness Project What are the goals of the Project?
1. To collect all of the information needed at one time, in a child‐friendly setting. This reduces the need for multiple interviews of children and allows the parent to meet most of the people and agencies that will be involved in their case. Pro duc t/ Serv ic e I nf o rm at io n
2. To make prosecution more successful—fewer trials, more plea bargains and batterers held accountable for their harmful behavior. 3. To reduce the amount of time between an incident and the following intervention. 4. To decrease the number of cases opened by DHS‐CWP by providing advocacy and resources to battered parents. 5. To prevent further domestic abuse to you and your child. Kids’ FIRST 2675 Martin Luther King Jr. Blvd. Eugene, Oregon 97402 Phone: (541) 682‐3938 Fax: (541) 682‐8743 Your busin ess tag line h ere.
Alex Gardner District Attorney Tina J. Morgan Director The mission of Kids’ FIRST is to help lessen the trauma experienced by children who have alleged physical or sexual abuse or witnessed domestic violence and are involved in the investigation and judicial processes. Tel: 555 555 5555
Why am I here?
Who will be involved in my case?
In most cases, you were asked to bring your child to Kids’ FIRST by law enforcement or child protective services. Your child will talk to an expert who has been trained in interviewing children. Referrals to Kids’ FIRST are made any time there is reason to believe a child has witnessed an incident of domestic violence. Every case is different. Depending on your case, some or all of these agencies may be involved: What if I don’t believe my child has
witnessed domestic violence?
Many parents have difficulty believing their children have witnessed domestic violence at home. The fact is, the majority of children who live in homes where domestic violence occurs are aware of the abuse even if their parents believe they are sleeping or playing outdoors! The law in Oregon also recognizes that when a child hears domestic violence, or becomes aware of it in other ways, it can be just as damaging to the child as if she or he had actually seen it. Even if your child does not disclose witnessing a particular incident of domestic violence, he or she may have witnessed previous incidents, or may be able to share other helpful information. Law Enforcement Law enforcement responds to emergency calls, conducts criminal investigations, arrests suspects when appropriate, and provides information and referrals as needed. You will meet a detective who will collect additional information and deliver it to the district attorney assigned to your case. Advocates The advocate’s role is to ensure the child and parent are comfortable, and to help them understand every step of the process. Advocates provide information on services such as local shelters and counseling options, as well as Crime Victim’s Compensation. In most cases, you will have both a Kids’ FIRST child advocate and a domestic violence advocate from Womenspace. District Attorney The role of the district attorney is to prosecute people who commit crimes. It is unlikely the district attorney will be present for the child interview; however, you will be able to speak with the district attorney as the case proceeds. For more information, you may also contact Victim Services at 682‐4523. Child Protective Services The state of Oregon’s Dept. of Human Services Child Welfare Program (DHS‐CWP) is responsible for investigating and responding to reports of child abuse. Because domestic violence puts children at risk of significant harm, law enforcement is required to cross‐report incidents of domestic violence where child witnesses are present to DHS‐CWP. This cross‐report will occur whether or not your children are interviewed at Kids’ FIRST. Witnessing domestic violence is harmful to children. In some cases, children are injured by thrown objects, or are hurt when they try to intervene in a fight. In other cases, children may not be directly injured, but their sense of safety and security is damaged by witnessing the abuse of a parent. Domestic violence is the leading indicator of child abuse in a home. Studies suggest that about 70% of people who abuse their partners also abuse their children. For these reasons, it is important for DHS‐CWP to assess the safety of your children and provide you with information and resources you may need to keep your children safe. Your caseworker may also be able to refer you for financial assistance. Your caseworker will talk to you about what she or he expects you to do in order to keep your family safe. These expectations will be different for every family. If you are confused about what you are supposed to do, please talk to your case‐
worker. In the vast majority of cases where DHS‐
CWP is involved, children are not removed from their homes. The same caseworker who interviewed your child will be assigned to your case whenever possible. It is the goal of everyone involved
to provide the best possible
experience for you and your child!
STATE OF OREGON
Department of Human Services
Kids’ FIRST / Safe & Together
Critical Components Evaluation Form
DHS INTAKE WORKER:
DATE:
_
CASE INFORMATION
DHS CASE #: ___________________________________________
BATTERER NAME: _______________________________________ DOB: ________________________________
SURVIVOR NAME: _______________________________________
DOB: ________________________________
__________________________
SECONDARY SURVIVOR NAME(S):
______________________________________________________________________________________________
SAFE & TOGETHER CRITICAL COMPONENTS
1. DESCRIBE PATTERN OF COERCIVE CONTROL IF PRESENT:
____
______________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
2. DESCRIBE ANY NEGATIVE EFFECTS THE BATTERER’S ACTIONS HAVE HAD ON THE CHILDREN: ________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
3. DESCRIBE ACTIONS TAKEN BY THE SURVIVOR TO ENSURE THE CHILDREN’S SAFETY & WELL BEING: ___
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
Maintain Original for DHS Records
DO NOT DISCOVER
Provide Copy to Kids’ FIRST DV Witness Coordinator
4. DESCRIBE THE NEGATIVE IMPACT THE BATTERER’S BEHAVIOR HAS HAD ON THE SURVIVOR’S CAPACITY
TO PROTECT: _________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
5. PLEASE ILLUSTRATE WHAT ROLE THE FOLLOWING HAVE PLAYED IN THE SAFETY & WELL BEING OF THE
CHILDREN:
Substance Abuse: _________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
_______________________________________________________________________________________
Mental Health: ____________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
_______________________________________________________________________________________
Culture: _________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Socio-Economic: __________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Safety Plan when Leaving Kids’ FIRST: ________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Maintain Original for DHS Records
DO NOT DISCOVER
Provide Copy to Kids’ FIRST DV Witness Coordinator
Template: Client Limited Release of Information Form
Created for adaptation by Julie Kunce Field, J.D. and NNEDV.
RELEASE OF INFORMATION FORM
READ FIRST: Before you decide whether or not to let Womenspace share some of your confidential information with another
agency or person, an advocate at Womenspace will discuss with you all alternatives and any potential risks and benefits that could
result from sharing your confidential information. If you decide you want Womenspace to release some of your confidential
information, you can use this form to choose what is shared, how it's shared, with whom, and for how long.
I understand that Womenspace has an obligation to keep my personal information, identifying information, and my records
confidential. I also understand that I can choose to allow Womenspace to release some of my personal information to certain
individuals or agencies.
I, _________________________________________, authorize Womenspace to share the following specific information with:
Client Name
Who I want to
have my
information:
Kids’ FIRST/Lane County MDT
The information may be shared:
in person
by phone
by fax
by mail
by e-mail
I understand that electronic mail (e-mail) is not confidential and can be intercepted and read by other people.
What info about me
will be shared:
(List as specifically as possible, for example: name, dates of service, any documents).
Why I want my info
shared: (purpose)
(List as specifically as possible, for example: to receive benefits).
Coordinated MDT response
Please Note: there is a risk that a limited release of information can potentially open up access by others to all of your confidential
information held by Womenspace.
I understand:



That I do not have to sign a release form. I do not have to allow Womenspace to share my information. Signing a release form is
completely voluntary. That this release is limited to what I write above. If I would like Womenspace to release information about
me in the future, I will need to sign another written, time-limited release.
That releasing information about me could give another agency or person information about my location and would confirm that I
have been receiving services from Womenspace.
That Womenspace and I may not be able to control what happens to my information once it has been released to the above
person or agency, and that the agency or person getting my information may be required by law or practice to share it with
others.
This release expires on _____________
Date
__________
Time
Expiration should meet the needs of the victim, which is
typically no more than 15-30 days, but may be shorter or
longer.
I understand that this release is valid when I sign it and that I may withdraw my consent to this release at any time either orally or in writing.
Signed:_____________________________ Date:______________ Witness:_________________________
Reaffirmation and Extension (if additional time is necessary to meet the purpose of this release)
I confirm that this release is still valid, and I would like to extend the release until:
Signed:__________________________
Date:______________
___________ ___________
New Date
New Time
Witness:_________________________
Scenario 1:
Summary: Law Enforcement was dispatched to a dispute after a neighbor heard loud arguing and called
the police. When police arrive; a woman is present with two children, and the suspect has left the
residence. The woman reports that she found evidence of cheating on her husband’s phone and
confronted him about it, which caused an argument. He assaulted her in the course of the argument. In
the report, officers note beer cans all over the scene. The suspect returned to the residence and is very
calm when contacted by Law Enforcement. When they arrest him, he makes a big deal about giving his
wife the car keys so that she will be able to use the car.
Child Welfare Program: At the Kids’ FIRST forensic interview, the 10 year old child minimized any
fighting and was protective of his parents. He said things like, “We miss Dad, and we need him home.”
However, the 4 year old spoke in great detail about this incident, stating both children were in the living
room, when the assault occurred, and he saw his dad hit his mom with an open hand two times on the
head. The 4 year old also says, “My dad hits her all the time.” Child Welfare is concerned about the
survivor and her capacity to protect. The caseworker is specifically concerned about the beer cans noted
in the police report. The survivor tells the caseworker worker that “she’ll do whatever it takes to keep
DHS out of her life.”
District Attorney: The victim requested a waiver of no contact; she wants the defendant to be able to
talk to their 10-year-old son because his birthday is coming up soon. The victim has also called the DA’s
office wanting to change her version of the events surrounding the assault.
Law Enforcement Investigator: The Domestic Violence Investigator took a report of the victim’s new
version of the incident while she was at the District Attorney’s office. Due to the change in her account
of the events, he pulled some audio recordings of the defendant’s jail calls. In the calls, the defendant is
talking to an unidentified male about Susie going to the appointment with the victim and the children.
Kids’ FIRST: Susie is the survivor’s friend who drove the family to Kids’ FIRST, because even though she
has the car keys, she doesn’t know where her husband parked the car after he left the night of the
assault. The survivor explains that she and Susie are very close, and the children call her Aunt Susie. The
survivor reports that she’s a good friend and support person. The survivor is not interested in seeking
Crime Victim Compensation, and did not seek medical treatment. She refused counseling referrals for
herself and the children.
Parole & Probation: The Probation Officer reports that the victim is currently on probation for Identity
Theft, in which she stole checks from her grandmother. The victim also has a no alcohol condition as
part of her probation.
Womenspace: The victim advocate does not have a signed release of information from the survivor, but
when she met with the survivor, she asked to have Susie in the room with them.
The team made the decision to reset this case due to concerns that the defendant is identifying Susie
as someone he wants involved in the investigation and the need to follow up with concerns about the
mother’s use of alcohol.
Kids’ FIRST Center DV Witness Project
www.kidsfirstcenter.net
MDT Day 2015
Womenspace: The Advocate now has a signed release of information after building better rapport and
speaking to the survivor in several follow up phone calls. The survivor is now disclosing a long history of
abuse and informed her advocate that the abuser is passing messages to her through his brother and
brother’s girlfriend, Susie. His family is pressuring her to get the defendant out of trouble, and tells her
that she is sending him to prison for 5 years. They are accusing her of keeping him from his children. The
survivor disclosed she had been drinking the night of the incident and has been using alcohol to cope
with the stress of the batterer’s violent behavior. She is scared of being sanctioned by her Probation
Officer, going to jail and her children ending up in foster care.
Child Welfare Program: With the new information from the Womenspace advocate, the caseworker
invites the Womenspace advocate to join him as he meets with the survivor again to talk honestly about
her concerns and make sure she feels comfortable and supported, while they discuss resources like the
DV Grant and services for her substance abuse.
Law Enforcement Agency: The Domestic Violence Investigator will collect jail calls between the
defendant and his brother, and re-interview the victim about the witness tampering that she has faced.
He may also have a conversation with defendant’s brother and Susie about their consequences if they
continue to engage in witness tampering.
District Attorney: Based on the updated information, the Assistant District Attorney may be able to add
tampering with a witness charges to the defendant. The ADA plans to have a new discussion with the
victim about realistic sentencing outcomes based on the defendant’s criminal history.
Parole & Probation: Will talk to the victim about her alcohol use and her concerns of a probation
violation. She will let the victim know that the consequences won’t be jail or prison (like Susie is telling
her). Instead, the Probation Officer plans to ask the victim to sign a release of information with Child
Welfare to continue to share information regarding recommended services and progress.
Kids’ FIRST Center DV Witness Project
www.kidsfirstcenter.net
MDT Day 2015
Scenario 2 (for the group)
DV Witness Project Case Review
A woman calls the police after an she is assaulted in her bathroom. She reports that she was in the
shower and her boyfriend burst in, yelling about messages on her phone, and strangled her. The woman
tells police she has a 6 year old son, who was asleep in his bedroom next door to the bathroom, but is
awake by the time police arrive. She says “He was sleeping the whole time.” The police arrest her
boyfriend; the District Attorney reviews the case and requests Kids’ FIRST conduct a forensic interview.
Child Welfare Intake Worker: During the interview, the child disclosed that he heard the suspect
“choked my mom.” When asked how he knew that, the child made a choking noise. He has seen past
injuries and says he’s heard her crying at night. During the post-interview meeting, the survivor was
surprised that her child had heard this incident. She had only heard the defendant’s side of the story
about his previous Domestic Violence conviction, and he’d told her, “She went crazy and was using
drugs. I was just defending myself; they always blame the guy when there’s a fight.” When the Child
Welfare worker talks to the perpetrator in jail, he claims he was drunk that night, and says, “I need to
get treatment.”
Probation Officer: The defendant is already on probation (on a downward departure) for a previous
assault on a different victim. The defendant and current partner did not conduct the intimate partner
disclosure with the Probation Officer.
Law Enforcement DV Investigator: After the child discloses information about past injuries, the
Domestic Violence Investigator follows up with the victim to report past assaults corroborated by the
injuries the child described in the forensic interview, some of which are recent and prosecutable.
Deputy District Attorney: The victim has been cooperative. She was forthcoming at Grand Jury about
this incident and prior incidents, which the District Attorney charged after reviewing the supplemental
report and Kids’ FIRST interview of the child.
Confidential DV Advocate: The survivor has signed a Release of Information allowing the advocate to
share information with the DV Witness Project Team. The survivor minimized the violence initially, by
saying the fight was not that bad, that they generally have a good relationship, and just recently he’s
been angry. After the survivor was told that her child disclosed hearing her being strangled, she asked
for more information about a support group. The Advocate also encouraged her to seek medical
attention due to the strangulation, and spoke with her about the long-term potential medical issues
related to strangulation.
Kids’ FIRST Advocate: Provided counseling referrals for the survivor and her child to local agencies that
will see the child, who has the Oregon Health Plan. The Kids’ FIRST victim advocate completed and sent
Crime Victim Compensation forms since the survivor doesn’t have insurance, so she can be examined for
potential injuries incurred from strangulation.
Kids’ FIRST Center DV Witness Project
www.kidsfirstcenter.net
MDT Day 2015
DV Witness Project Case Review – Child Welfare Program
A woman calls the police after an she is assaulted in her bathroom. She reports that she was in the
shower and her boyfriend burst in, yelling about messages on her phone, and strangled her. The woman
tells police she has a 6 year old son, who was asleep in his bedroom next door to the bathroom, but is
awake by the time police arrive. She says “He was sleeping the whole time.” The police arrest her
boyfriend; the District Attorney reviews the case and requests Kids’ FIRST conduct a forensic interview.
Child Welfare Intake Worker: During the interview, the child disclosed that he heard the suspect
“choked my mom.” When asked how he knew that, the child made a choking noise. He has seen past
injuries and says he’s heard her crying at night. During the post-interview meeting, the survivor was
surprised that her child had heard this incident. She had only heard the defendant’s side of the story
about his previous Domestic Violence conviction, and he’d told her, “She went crazy and was using
drugs. I was just defending myself; they always blame the guy when there’s a fight.” When the Child
Welfare worker talks to the perpetrator in jail, he claims he was drunk that night, and says, “I need to
get treatment.”
Kids’ FIRST Center DV Witness Project Presentation
www.kidsfirstcenter.net
MDT DAY 2015
DV Witness Project Case Review - Parole and Probation
A woman calls the police after an she is assaulted in her bathroom. She reports that she was in the
shower and her boyfriend burst in, yelling about messages on her phone, and strangled her. The woman
tells police she has a 6 year old son, who was asleep in his bedroom next door to the bathroom, but is
awake by the time police arrive. She says “He was sleeping the whole time.” The police arrest her
boyfriend; the District Attorney reviews the case and requests Kids’ FIRST conduct a forensic interview.
Probation Officer: The defendant is already on probation (on a downward departure) for a previous
assault on a different victim. The defendant and current partner did not conduct the intimate partner
disclosure with the Probation Officer.
Kids’ FIRST Center DV Witness Project Presentation
www.kidsfirstcenter.net
MDT DAY 2015
DV Witness Project Case Review - Law Enforcement
A woman calls the police after an she is assaulted in her bathroom. She reports that she was in the
shower and her boyfriend burst in, yelling about messages on her phone, and strangled her. The woman
tells police she has a 6 year old son, who was asleep in his bedroom next door to the bathroom, but is
awake by the time police arrive. She says “He was sleeping the whole time.” The police arrest her
boyfriend; the District Attorney reviews the case and requests Kids’ FIRST conduct a forensic interview.
Law Enforcement DV Investigator: After the child discloses information about past injuries, the
Domestic Violence Investigator follows up with the victim to report past assaults corroborated by the
injuries the child described in the forensic interview, some of which are recent and prosecutable.
Kids’ FIRST Center DV Witness Project Presentation
www.kidsfirstcenter.net
MDT DAY 2015
DV Witness Project Case Review – District Attorney
A woman calls the police after an she is assaulted in her bathroom. She reports that she was in the
shower and her boyfriend burst in, yelling about messages on her phone, and strangled her. The woman
tells police she has a 6 year old son, who was asleep in his bedroom next door to the bathroom, but is
awake by the time police arrive. She says “He was sleeping the whole time.” The police arrest her
boyfriend; the District Attorney reviews the case and requests Kids’ FIRST conduct a forensic interview.
Deputy District Attorney: The victim has been cooperative. She was forthcoming at Grand Jury about
this incident and prior incidents, which the District Attorney charged after reviewing the supplemental
report and Kids’ FIRST interview of the child.
Kids’ FIRST Center DV Witness Project Presentation
www.kidsfirstcenter.net
MDT DAY 2015
DV Witness Project Case Review – Domestic Violence Shelter Program Advocate
A woman calls the police after an she is assaulted in her bathroom. She reports that she was in the
shower and her boyfriend burst in, yelling about messages on her phone, and strangled her. The woman
tells police she has a 6 year old son, who was asleep in his bedroom next door to the bathroom, but is
awake by the time police arrive. She says “He was sleeping the whole time.” The police arrest her
boyfriend; the District Attorney reviews the case and requests Kids’ FIRST conduct a forensic interview.
Confidential DV Advocate: The survivor has signed a Release of Information allowing the advocate to
share information with the DV Witness Project Team. The survivor minimized the violence initially, by
saying the fight was not that bad, that they generally have a good relationship, and just recently he’s
been angry. After the survivor was told that her child disclosed hearing her being strangled, she asked
for more information about a support group. The Advocate also encouraged her to seek medical
attention due to the strangulation, and spoke with her about the long-term potential medical issues
related to strangulation.
Kids’ FIRST Center DV Witness Project Presentation
www.kidsfirstcenter.net
MDT DAY 2015
DV Witness Project Case Review – Kids’ FIRST Advocate
A woman calls the police after an she is assaulted in her bathroom. She reports that she was in the
shower and her boyfriend burst in, yelling about messages on her phone, and strangled her. The woman
tells police she has a 6 year old son, who was asleep in his bedroom next door to the bathroom, but is
awake by the time police arrive. She says “He was sleeping the whole time.” The police arrest her
boyfriend; the District Attorney reviews the case and requests Kids’ FIRST conduct a forensic interview.
Kids’ FIRST Advocate: Provided counseling referrals for the survivor and her child to local agencies that
will see the child, who has the Oregon Health Plan. The Kids’ FIRST victim advocate completed and sent
Crime Victim Compensation forms since the survivor doesn’t have insurance, so she can be examined for
potential injuries incurred from strangulation.
Kids’ FIRST Center DV Witness Project Presentation
www.kidsfirstcenter.net
MDT DAY 2015
Lane County Domestic Violence Witness Team
Agreement of Confidentiality
_________________________________
I, the undersigned, as a member of the Domestic Violence Witness Team, agree that all
information related to case consultation will be kept confidential; resignation from this team does
not relieve the undersigned from the responsibility to maintain confidentiality of all case
information.
NAME
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
AGENCY
Updated on 4/13/2015
Timekeeper #______________
TRAVEL EXPENSE DETAIL SHEET
OREGON DEPARTMENT OF JUSTICE
***See comments and instructions tab for filling out this form***
1. Name of Employee / Payee
2. State Agency
3. Division / Section
Department of Justice
4. Official Work Station Location
5. PCA (Program Cost Account, if known)
DOJ CVSD
6. Regular Scheduled Work Shift (required if seeking non-overnight meal allowance)
92373 Agy Obj 4165
8. Period Covered (month and year or date range)
7. Direct Deposit (put an X if applicable)*
*This is not the same as employee payroll deposit
I did/will
9.
x
I did not/will not
*Travel Awards include, but may nto be limited to, airline frequent
flyer miles and hotel or car rental frequent customer awards or
miles.
accept travel awards as a result of, or associated with, this state business trip.*
This is a mandatory field. See instruction sheet for additional information about travel awards
Client Agency
Number
10. Date
Legal Matter Number
11. Departure
Time
12. Arrival Time
14. Individual Meal Expense
Breakfast (25%) Lunch (25%) Dinner
13. Destination To/From
Totals a
Client Agency
Number
Legal Matter Number
18. Date
19. Private Vehicle Mileage
Destination To / From
20. Miles
Driven
Totals a
Client Agency
Number
Legal Matter Number
25. Date
0
-
21. Commute
Miles
22. Reimbursable
Miles
0
0
0
0
0
0
0
0
0
26. Other Expenses
(hotel taxes, cab fare, parking fees, etc.)
27. Cost per Item
-
32. Received Training
x
Conducted Training
15. Daily Meal
Allowance
-
23. Rate per Mile 24. Mileage Total
0.575
0.575
0.575
0.575
0.575
0.230
0.230
$
28. Quantity
Totals a $
31. Reason(s) for reimbursement request
(50%)
Total Per Diem
16. Lodging
-
-
$
-
FISCAL SVCS USE ONLY
29. Total
Expenses
-
SUBTOTALS
Per Diem Total (17)
Mileage Total (24)
Expense Total (29)
30. Less Travel Advance
-
Total Due to Employee $
-
(put an X if applicable)
CAMI MDT Day 2015
I certify that all reimbursements claimed reflect actual duty required expenses or allowances entitled;
that no part thereof has been heretofore claimed or will be claimed from any other source.
33. Employee Signature
34. Employee Title
35. Date
I certify that the above claimed expenses are authorized duty required expenses. Funds for payment of
this claim are available in the approved budget for the period covered and have been allotted for
expenditure.
36. Supervisor Signature
37. Supervisor Title
38. Date
COMPLETE REGULATIONS GOVERNING TRAVEL BY STATE EMPLOYEES ARE CONTAINED IN THE CURRENT ADMINISTRATIVE RULES
C:\Users\ss10\Desktop\MDT Packlet\MDT Day 2015 Travel Expense Form
17. Total