Contradictions and Their Consequences: How Competing Policy Mandates Facilitate Use of a Punitive Framework in Domestic Violence–Child Maltreatment Cases

Abstract

Research shows child welfare cases involving caregiver domestic violence (DV) continue to produce punitive consequences for non-abusive adult victims. This occurs despite the adoption of a supportive policy framework that emphasizes perpetrator responsibility for DV-related harm to children. Risk assessment procedures have been implicated in punitive outcomes, but we know little about how they shape child welfare workers’ decision-making practice. Focusing on a state with a supportive policy framework, this paper uses grounded theory to examine how policy contradictions, procedural directives around risk assessment, and informal interventions produce punitive consequences for adult victims of DV and unmitigated risk to children. Data include state policy and procedural documents and interviews with child welfare workers describing decision-making in their most recent completed case and most recent case involving DV. Findings point to the need for active alignment of policies and procedures, greater integration of knowledge across practice areas, renewed commitments to differential response, and greater inclusion of DV specialists in child welfare settings.

Child Protective Services Guidelines for Substantiating Exposure to Domestic Violence as Maltreatment and Assigning Caregiver Responsibility: Policy Analysis and Recommendations

“…Additionally, although the wide scale adoption of the harm or threat of harm threshold is promising in its apparent acknowledgement of the need to consider the variable impact of CEDV, somewhat troubling was the limited policy in place for identifying the primary aggressor and exonerating survivors from blame on the basis of their own victimization. As prior research suggests (Armstrong & Bosk, 2020;Victor et al, 2019), the use of the harm or threat of harm threshold alone is unlikely to prevent survivors of DV from being substantiated for CEDV-related maltreatment. Continuing to hold survivors accountable for CEDV-related maltreatment, including when they do not terminate contact with an abusive partner, is likely to reflect what Magen (1999) framed as attribution error (Ross, 1977).…”

“…For instance, many states have adopted the Safe and Together Model which instructs workers to document CEDV-related maltreatment using a perpetrator pattern-based approach (Mandel & Wright, 2019). However, recent evidence suggests that even in states that have adopted the Safe and Together Model, workers often deviate from the policy in practice (Armstrong & Bosk, 2020). These findings suggest that without robust monitoring and enforcement mechanisms, even the most well-crafted policy risks having little effect on workers' actions.…”

Next Steps in Untangling the Web of Violence: A Research Agenda

“…Victor and colleagues (2021) analyzed child protective services manuals in 41 states and provided guidelines for substantiating children's exposure to domestic violence and enhancing children's and survivors' safety and well-being. Armstrong and Bosk (2020) identified contradicting policy definitions and investigative procedures that allow workers to adopt different approaches in their decision-making, often leading to punitive approaches despite policy intentions. This study exemplifies the work necessary to successfully implement strong policies.…”