Family Violence - Research Paper Example

 Introduction: The issue of family violence addresses an international epidemic that is common to most of societies across regions and nations. Thanks to the growing awareness conveyed by the media, as well as public policy circles, the issue of family violence is fast receiving its due weight and attention. Considered as one of the most common violent crimes in the United States, domestic violence in a family occurs usually due to physical assault, drug abuse, alcohol excess, etc. to name a few. A general definition of family violence refers to an identified pattern of abusive behaviors by one member against another one in a family. Domestic or family violence has different forms including the following ones: physical aggression, assault or threats, such as hitting, kicking, biting, shoving, restraining, throwing objects, slapping, etc., sexual abuse, emotional abuse, stalking, economic deprivation, and so on. Critics and scholars have different definitions of the term ‘family violence’ and its related aspects. Moreover, there are various classifications and sub-categorizations of family or domestic violence. “Family violence generally includes spouse/partner maltreatment, child maltreatment, and elder/parent maltreatment. These categories can be further subdivided into physical, sexual, and psychological maltreatment/neglect. Thus, all combinations of these acts make up the field of family violence.” (Geffner, Sorenson and Lundberg-Love, 1997). Exploring the history of child abuse, the practice of physical abuse started as a way to control discipline and punishment in early societies. Sexual maltreatment of children by parents and relatives is also a common issue existing throughout history. Child maltreatment or child abuse is “any non-accidental injury to a child by an adult…and is categorized as physical, sexual, and/or emotional abuse as well as neglectful acts.” (McClennen, 2010, p. 2). This paper talks about the issues of family violence in general and that of child abuse in particular with a global perspective. While discussing at length the issues of child abuse in families and especially in American societies, this paper focuses considerably on the aspects of child abuse intervention and prevention, and the role of government and federal policies. The statistical scenario within the U. S. is identified as such: “Over 3.3 million reports of abuse are made annually in the United States representing an estimated 905,000 children as victims, or 12.1 victims per thousand children. Every day 4 children die as a result of child abuse.” (as cited in McClennen, 2010). Family violence and federal policy: As the issues and matters of domestic violence are currently being brought more into public view, courtesy media and public policy services, its response is primarily evident in the introduction and implementation of various state and federal laws as well as in the awareness activities of social services and health care services. Historically, family violence was viewed as a private family matter that didn’t necessarily seek the involvement of government of criminal justice. Especially in the 1970s, law-makers were reluctant to punish the offenders of domestic violence. The enforcement of laws on domestic violence started working actively from the late 1970’s when more and more of such incidents were found reported. Since the introduction of the Child Abuse Prevention and Treatment Act (CAPTA) in 1974 (Child Welfare Information Gateway, 2011), the U. S. Congress has implemented a number of laws on state child protection and child welfare services. New legislation prompts both federal and state policies to work and be amended when required, along with implementation of new programs. Talking about the protection of citizens, federal policies, in general, aim at accomplishing a number of objectives while dealing with the issues of domestic violence (Buzawa & Buzawa, 2003, p. 6): Punish offenders who commit violent acts Prevent offenders from committing future acts of violence, either through specific or general deterrence or rehabilitation of offenders Assist and empower the victims of such offenders Federal laws provide guidelines to the states in terms of an identified set of acts or behaviors defining child abuse and neglect (to be described later in the paper). According to the amendment of the Federal Child Abuse Prevention and Treatment Act (CAPTA) in 2010, the definition of ‘child abuse and neglect’ refers specifically to the mismanagement or misdemeanor of parents and other caregivers. The definition includes the following clauses (Child Welfare Information Gateway, 2011): Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation An act or failure to act which presents an imminent risk of serious harm The policies further identify and explain the issues, reasons, and consequences of child abuse and domestic violence. Statistical records show evidently that the cases of child abuse and family violence are alarmingly increasing. Since last two decades, domestic violence occurred in 41% of the American families in which children had been critically injured or killed (Carter, 2000). Further, a strong correlation of increasing violence rates and community cohesion is evident. While exposure to child abuse or family violence as a child is a notable risk factor instigating juvenile violence, life in an impoverished community can also stimulate other forms of violence. The federal policies have evidently identified and analyzed a number of common factors resulting in family and juvenile violence. Disturbed neighborhoods rampant with drugs, crime and guns; parents with harsh or erratic domestic discipline; or single parents being isolated from family, community and society, are some of the primary factors contributing to the alarming forms of child abuse, youth violence and family violence. Dedicated to the causes of child welfare, foster care and adoption activities of the young victims of family violence and child abuse, the federal policies introduce, fund and implement various prevention programs. These programs are administered by the U.S. Department of Health and Human Services under the Social Security Act including the following regulated programs (Child Welfare Information Gateway, 2011): Child Welfare Services Promoting Safe and Stable Families Foster Care Program Adoption Assistance Program Chafee Foster Care Independence Program Starting with the introduction of Child Abuse Prevention and Treatment act of 1974, the federal legislation has come a long way with progressive milestones in child protection, child welfare and adoption policies. Keeping in focus the recent, contemporary as well as upcoming issues and factors prompting any form of child abuse and domestic violence, the federal policies frequently enact, revise, develop and implement new policies and intervention programs. For instance, the last quarter of the 20th century witnessed the initial phase of federal regulations and activities in support of child abuse prevention and treatment. In response to the growing crime and activities in family violence, federal regulations have adopted and implemented while amending the policies with particular context to child protection, adoption and support services of the young victims. Some of the significant changes of the federal legislation so far in favor of child abuse prevention and child protection are cited below. Year Act 1994 Multiethnic Placement Act 1996 Child Abuse Prevention and Treatment Amendments 1997 Adoption and Safe Families Act 1999 Foster Care Independence Act 2000 Inter-country Adoption Act 2002 Promoting Safe and Stable Families Amendments Act 2005 Fair Access Foster Care Act 2006 Safe and Timely Interstate Placement of Foster Children Act 2008 Fostering Connections to Success and Increasing Adoptions Act 2010 CAPTA Reauthorization Act (Source: Child Welfare Information Gateway, 2011) With a mission “to reduce the number of children victimized and exploited by assisting prosecutors and allied professionals laboring on behalf of victims too small, scared or weak to protect themselves”, the National Center for Prosecution of Child Abuse (NCPCA) was established by the National District Attorneys Association in 1985. The policies, amendments and implementation of new programs aim at hosting advanced training programs with evidence-based and victim-centered practices, providing the cases with immediate technical assistance, and developing publications covering a wide range of child maltreatment topics. With a dramatic increase in youth violence that the United States has witnessed in recent decades, government, lawmakers and social organizations are attentively focusing on the alarming rate of violence occurrences while concentrating on the factors and causes leading to domestic violence and crime. As the number of child abuse reports rise, the requirement of prevention and early intervention of family and juvenile violence is getting more to be of a mandatory responsibility. While primary prevention of child abuse and domestic violence is important, efforts for an early intervention in the victim’s family play an equally important role in understanding and getting away with violence. Besides, early intervention efforts are establishing effective methodology in reducing criminal behavior of child abuse victims. As education is a powerful tool in understanding and analyzing different violence forms, federal legislation also brings it to the concern of the parents (or the offenders) of the young victims providing various public education campaigns and awareness programs aimed at changing the social norms. Education of the parents is significant in the sense that in most of the cases of child abuse, it is usually the parent(s) at the offending end, which in later stages may easily promote juvenile violence and delinquent behavior. Research shows that “there is almost 100-percent correlation between the most chronic and serious violence of men toward women and their physical abuse of children. There are also some significant (though smaller) risks of increased physical abuse or neglect by mothers who are themselves the victims of violence. Children, particularly teenagers, are vulnerable to being hurt through intervening in a violent incident.” (Department for Education and Skills, 2006). Among all the federal laws and regulations, the most significant is the CAPTA discussed repeatedly in this paper. The CAPTA Act aims at conducting education and training programs on child protection and adoption; preparing and publishing information, education and training materials regarding adoption and adoption assistance programs, and disseminating to government as well as concerned private agencies. It promotes maximum coordination of the services and benefits provided under programs carried out by other federal departments and government agencies. Appropriate educational assistance and prevention programs are the main forte of the Act. In this context, the Act provides definitions of certain terms and concepts. For instance, ‘community referral services’ provide families with required information and community resources. Moreover, there are ‘community-based and prevention-focused programs and activities’ that support families to prevent child abuse and neglect. In short, the main objectives of CAPTA are (Child Welfare Information Gateway, 2011): To integrate the work of social service, legal, health, mental health, domestic violence services, education, and substance abuse agencies and community-based organizations To emphasize the need for abuse and neglect prevention, assessment, investigation, and treatment at the neighborhood level To strengthen coordination among government, private agencies, civic, religious and professional organizations, and individual volunteers State policies on family violence: Unfortunately, in most of the cases of domestic violence as well as child abuse, criminal justice process is a distant dream. This is mostly due to leniency of the state policies and lack of awareness among communities in general. Being considered as family concerns, domestic violence and child abuse are usually accepted with social hesitation for interference. If looking from a systematic approach, family violence and child abuse show strong similarity in patterns. It is usually observed that adults who were abused as children tend to show an increased risk of abusing their children. Similarly, adults who grew up in violent homes are more likely to become offenders or victims of family violence. Moreover, there are other socio-psychological aspects to be taken into serious account while discussing the causes and situations of such violence forms. Reports of child abuse and domestic violence are normally not registered due to a number of reasons including shame, isolation or secrecy. More particularly, offenders of child maltreatment cases are equally men and women. But in case of domestic violence, the majority of perpetrators are men. Such issues and social facts are to be kept in focus by state policy makers before analyzing, introducing and implementing any state regulation policy. For any state law and regulation policy to be introduced, victimization surveys are the most convincing and widely practiced methods to get the early data and information on different forms of domestic violence. According to statistical records, child abuse and neglect represents an alarmingly severe problem in most of the states of the U.S. The situation was bad even in the 1990s, and it only has made things worse in recent years. Most evidently, children of all ages are victims of all forms of child abuse. The National Child Abuse and Neglect Data System (NCANDS) data indicated that while the percent of neglect and medical neglect victims tended to decrease with age, the child victims of physical, sexual, and emotional maltreatment increased with age.” (Flowers, 2000, p. 23). When it comes to describing and analyzing different state laws and policies with regard to domestic violence and child abuse, variation is apparently evident in the regulations. For instance, spousal abuse under domestic violence is usually not covered by mandatory reporting requirements in most state laws (Geffner, Sorenson & Lundberg-Love, 1997). However, California covers spousal abuse under California Penal Code. Further, mandatory arrest policy for spousal violence is adopted by many U.S. police departments now. Recent state laws include mandatory or pro-arrest policy for domestic assault in most of the regions in the U.S. In a broader context, the cases of spousal disputes, divorce, child support and child custody are handled by family courts, while child maltreatment and delinquency cases are dealt by the juvenile courts. In both courts, protection of child victims and victimized spouses is of primary concern to the introduction, amendment and implementation of various state policies. Public education on domestic violence and child abuse, and violence prevention efforts are of significant priority in the list of state regulation policy implementation processes. Apart from identifying the domestic problems and requirements, implementation of the laws are aimed at promoting the following prevention efforts (Arctic Originals, 2011): Educate health and child welfare agencies on domestic violence and its effect on children Involve the community in intervention and prevention services for the needy families Educate academic and healthcare professionals about the interplay between family violence and child abuse The National Center for Prosecution of Child Abuse (NCPCA) of the National District Attorneys Association provides a detailed list of legislation, session laws and codified statutes regarding the issue of child abuse and neglect and abandonment (Child Welfare Information Gateway, 2011). According to the Alabama Penal Code, child abandonment is a crime when the offender, being a parent or guardian of a child aged below 18 years, deserts or abandons the child. If the parents or guardians knowingly direct or authorize the dependent child in an occupation involving a substantial risk of danger to his health or life, then the parents or guardians are offenders of a punishable crime of endangering the welfare of a child acknowledged by Alabama and Alaska state regulation policies along with most of the state policies in the U. S. Physical mistreatment of children by parents is a punishable crime if the child is knowingly exposed to the substantial and unjustifiable risk of (Child Welfare Information Gateway, 2011), Death Serious or protracted disfigurement Protracted impairment of health Loss or impairment of the function of a body member or organ Substantial skin bruising, burning, or other skin injury Internal bleeding or subdural hematoma Bone fracture Prolonged or extreme pain, swelling or injury to soft tissue Alaskan state judiciary is relatively supportive and cooperative of child victims and other victims of domestic violence. It acknowledges endangering of the welfare of a child as a class-A misdemeanor along with the crime of ‘criminal nonsupport’. The latter means if a person, being legally charged with the support of a child, knowingly fails to provide support for the child, he is considered as an offender of criminal nonsupport and can be punished legally by loss or restriction of a recreational license. Arizona regulation policies recognize child abuse under different categories based on the criminal circumstances and the severity of the crime. For instance, child or vulnerable adult abuse can be defined and classified in terms of various offenses (Child Welfare Information Gateway, 2011): If done intentionally or knowingly, the offense is a class 2 felony. If done recklessly, the offense is a class 3 felony. If done with criminal negligence, the offense is a class 4 felony. Offenders of child abuse are also punished by penalty. For instance, the Arkansas Penal Code recognizes gross neglect of parental duty resulting in delinquency as a crime. Upon conviction, the offender is punished by a fine not to exceed two hundred and fifty dollars. A Californian court goes even harder than this. The court punishes the violators of a fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. The court also makes consistent record of the parent or guardian of the dependent and minor children by reviewing all income, including social insurance benefits and gifts as well. Moreover, the penal codes are subject to other basic parental concerns and duties failing which would result in misdemeanor and punishment. Role of government and agencies: The issue of family violence is one of the most serious criminal problems in American societies with its rapid increase at an alarming rate. Therefore, the role of government is of utmost significance. It is the core responsibility of the government to review the judiciary system, analyze the issues and problems leading to domestic violence and other related crimes, amend existing laws, and introduce and implement new regulations depending on the requirements. The U. S. government is already equipped with powerful and effective federal laws and state regulation policies working successfully to fight against the culprits of family violence, child abuse and other forms of violence among young and adults alike. However, it is ironic to observe that the crime rate of domestic violence is still increasing to the extent of instigating additional challenges such as drug abuse, physical violence, murder, suicide, mental illness, and so on. The federal law and regulation system is the best and most efficient step of the government to work on the issues and crimes of family violence. Most importantly, it is obligatory for the government to first realize the extremity of domestic violence. “Domestic violence is primary not a secondary issue for assessment when there are issues of child abuse, mental health or substance misuse.” (Department for Education and Skills, 2006). More particularly, when it is about child abuse, it is important to take a serious account of the various family situations and surroundings where society plays a role, in order to understand and analyze the reasons and problems. For instance, children who witness abuse often suffer low self-esteem and depression, and are at high risk of alcohol and drug use, social isolation, fear, and even suicide. Federal policies and state regulations are renewed, amended, introduced and implemented while keeping these issues at focus. Correlation, coordination and cooperation between government and other private/individual and social agencies is significant in terms of fighting against the reasons of domestic violence and eliminating the criminal behaviors. As violence is a learned behavior, it is more likely that children living in violent homes tend to repeat family patterns and become abusers themselves. There are many such situations and dynamics of violent families and households that are required to be examined and analyzed thoroughly by the workers and volunteers of private agencies. Agencies and jurisdiction staff have several things to consider while responding and handling crime concerns of domestic violence and child abuse: Are there signs of physical abuse? Were there witnesses? Who is the primary aggressor? Could the victim or suspect be lying? Whatever role or responsibility the government or private agencies are following, recent statistical records provide us the practical picture of domestic violence and crimes. Regardless of the type of domestic violence, government and private agencies are not completely successful in eliminating family violence. The increasing number of victims and offenders of domestic violence in the U.S. clearly illustrates the severity of the problem (Flowers, 2000, p. 15): Four million spouses are battered each year. The rate of abuse among college students by intimates on some campuses is similar to that in marriages. More than 1 million children are abused or neglected annually. The rate of child abuse is 15 victims per 1000 children. More than half of child abuse victims are neglected. More than 1 in 10 children are sexually abused each year. Everyday 3 children die from abuse. It is significant to note that domestic crimes occur irrespective of all socioeconomic classes, racial and ethnic groups, and educational levels. Government and private agencies should focus mainly on the following objectives while handling cases and matters of domestic violence (Buzawa and Buzawa, 2003, p. 6): Punish offenders who commit violent acts Prevent offenders from committing future acts of violence, either through specific or general deterrence or rehabilitation of offenders Assist and empower the victims of such violence Conclusion: While criminal cases in domestic violence are increasing in number, it is important to work on the issues of family violence and child abuse with a systematic and legal approach. Government, private agencies and individual workers should start with an organized approach of analyzing and understanding the reasons and causes of violence, family situations of the victims, and educating the community or society about the severity of such forms of violence. Education and training programs are important tools for creating and spreading awareness about the risks and results of domestic violence, child abuse and juvenile violence. While the federal laws aim at social education and community training programs for raising awareness against causes of domestic violence, state regulation policies are constantly being reviewed, renewed and amended according to the situations and circumstances in violent families. Domestic violence definitely requires systematic statutory investigation. At the same time, private agencies should also show equal dedication and seriousness while working in support of the education, training and rehabilitation programs for the victims and families. As domestic violence is now rapidly spreading like a cancer, more and more awareness, training and activity programs are expected from societies and communities. References 1. Arctic Originals (2011). The relationship between domestic violence and child abuse. Retrieved from http://www.childabuse.com/fs20.htm. 2. Buzawa, E. S., & Buzawa, C. G. (2003). Domestic violence: The criminal justice response. 3rd edition. California: Sage Publications. 3. Carter, J. (2000). Domestic violence, child abuse, and youth violence: Strategies for prevention and intervention. Retrieved on January 11, 2011 from http://www.mincava.umn.edu/link/documents/fvpf2/fvpf2.shtml. 4. Child Welfare Information Gateway (2011). Major federal legislation concerned with child protection, child welfare and adoption. Retrieved from http://www.childwelfare.gov/pubs/otherpubs/majorfedlegis.cfm. 5. Department for Education and Skills (2006). Domestic violence and child abuse. Retrieved from http://www.uea.ac.uk/menu/acad_depts/swk/MRC_web/public_html/files/qpb14.pdf. 6. Geffner, R., Sorenson, S. B., & Lundberg-Love, P. K. (Eds.) (1997). Violence and sexual abuse at home: Current issues in spousal battering and child maltreatment. Binghamton: Routledge. 7. Humphreys, C., & Stanley, N. (Eds.) (2006). Domestic violence and child protection: Directions for good practice. London: Jessica Kingsley Publishers. 8. McClennen, J. C. (2010). Social work and family violence: Theories, assessment and intervention. New York: Springer. 9. Flowers, R. B. (2000). Domestic crimes, family violence and child abuse: A study of contemporary American society. Jefferson: McFarland. 10. Trujillo, O. R., & Test, G. (2002). Funding the work: Community efforts to end domestic violence and child abuse. American Public Human Services Association. Retrieved from http://www.thegreenbook.info/documents/fundingstreams.pdf. Read More