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The following article was written by M. Sharon Maxwell, LCSW, Ph.D. and Karen Oehme, J.D. and is merely a portion of the larger article which can be found by clicking here. Professional Providers are encouraged to stay informed regarding “Best Practices” in domestic violence visitation cases.
If supervised visitation programs are to continue to be used in domestic violence cases, there
must be a more critical examination of the current provision of services in programs with the
goals of enhancing the safety of participants and confronting evidence of domestic violence as
it is manifested in supervised visitation programs. There are a number of strategies that can be
recommended but they must be addressed system-wide and become part of a coordinated
community response to ending domestic violence.
Judicial Strategies
• A formal evaluation of the alleged perpetrator and the victim should be ordered prior to the
court-order for supervised visitation. A key component of this evaluation must be a lethality
assessment. The evaluation should be conducted by a mental health professional who has
had specific domestic violence training in conducting such evaluations.
• If domestic violence is confirmed, judges should order the batterer to complete a certified
batterers intervention program before ordering supervised visitation. This is currently
mandated in Louisiana ( Ver Steegh, 2000 ).
• Once a family court judge orders supervised visitation, a schedule for judicial review of the
case must be established and maintained ( NYSPCC, 2000 ).
• Family law judges should collaborate with their local supervised visitation programs on a
regular basis regarding non-case specific issues which involve operational and policy
aspects of the program. Program limitations in accepting certain cases should be delineated,
procedures for handling court orders from other jurisdictions should be established,
procedures for providing services to families with special needs covered under the American
with Disabilities Act should be determined.
• Family law judges must acknowledge that supervised visitation programs are not appropriate
in all domestic violence cases. The potential for lethality is so great in some cases, as has
been demonstrated by program reports and experiences, that visitation programs cannot
offer an adequate assurance of safety.
• Courts should work with their local supervised visitation providers to develop formal letters
of agreement which specifically outline policies and procedures for accepting domestic
violence referrals, conditions of supervised visitation orders, and the role of the supervised
visitation monitor ( Saunders, 1998 ; NCJFCJ, 1995 ; Ver Steegh, 2000 ).
• Courts should collaborate with their supervised visitation providers in developing observation
report forms for visits or exchanges and establish a mechanism for these reports to be
conveyed back to the court on a routine basis ( NYSPCC, 2000 ).
• Finally, courts must acknowledge that supervised visitation services are provided in a very
artificial setting. While the visit or exchange may go well and there are not reports of violence,
it must not automatically be inferred from a family’s experience that unsupervised visitation
will be without risk ( Straus, 1998 ). Further evaluation by domestic violence experts is
necessary before the order for supervised visitation is withdrawn.
Program Strategies
• Staff and volunteers of programs serving domestic violence cases must be adequately
trained in the dynamics of domestic violence, the impact of domestic violence upon child
witnesses, behaviors common to batterers and how these behaviors are manifested in
supervised visitation settings. They must also be informed about legal remedies, such as
orders for protection ( NYSPCC,2000 ; Maxwell &Robinson, 1998 ).
• Programs must require participants to share orders for protection with staff and these orders
should be placed in the family’s case file. If the program employs security officers, they
should also be given an opportunity to review the order ( NYSPCC, 2000 ).
• Program staff and volunteers must pay strict attention to the confidentiality of program
participants. No information about addresses, living arrangements, means of transportation,
telephone numbers and children’s school should be released. To violate a participant’s
confidentiality in this manner could dramatically increase the physical risk to the victim and
the child(ren).
Bibliography
American Bar Association. (2000). Commission on Domestic Violence. Policy 00a109A.
Bailey, M. (1999). Supervised access: A long-term solution? Family and Conciliation Courts
Review , 37: 478-486.
Edleson, J. L. (1999). Children’s witnessing of domestic violence. Journal of Interpersonal
Violence , 14(8), 839-870.
Field, J. K. (1998). Visits in cases marked by violence: Judicial actions that can help keep
children and victims safe. Journal of American Judges Association , 35: 3.
Johnston, J. R. (2000). Building multidisciplinary professional partnerships with the court on
behalf of high-conflict divorcing families and their children who needs what kind of help? University
of Arkansas at Little Rock Law Review, 453.
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If, after conducting an intake, the Provider accepts a referral for visitation in a domestic violence case, it is important to identify behaviors that may subsequently impact visitation. It is critical to keep in mind that the goal of providing supervised visitation services, including Provider exchanges, is to provide a safe, neutral setting for parent-child access. If this cannot be accomplished, the visitation program must not accept the referral.
The following are behaviors sometimes used by batters that may affect a program’s ability to provide safe visitation:
Reducing Risk and Enhancing Safety for Visitation Providers
The point at which visitation services are ordered is often the period of greatest risk to the victim and children. Research indicates that victims leaving violent relationships face the greatest risk of death or serious injury in the period following separation. To enhance victims’ and children’s safety, programs should structure services in the following ways:
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]]>“I obtained my professional monitor training from Tamara Daniels of Supervised Child Visits (SCV) in December 2013, which was one of the best decisions of my career. Since that time, I have worked consistently, currently have three clients, and have received referrals directly from local family practice attorneys.” I would highly recommend Supervised Child Visits for anyone seeking a rewarding career as a professional supervised visitation monitor.” –L. Mcgown
“Hi Tamara,
This is Itai and I took your class last year and finally started the business in December and I have had 1 steady client since then and it has been going very well and been extremely beneficial financially to my family. I still work full time as a Special Education teacher in east Salinas but doing both jobs has been easier than I once thought. Thank you for all of your insight and training that made this possible.”
“Hello Ms. Tamara, update on this case, the attorney for the NCP wanted to see all documents and I did get the NCP to complete and sign the documents for the attorney’s. The exchange takes place at the sheriff’s station, four hour weekly visit which include one hour at the library for home work which is directly across from the sheriff’s station and the balance of time at park or Chuck E Cheese, etc. (10 yr. old boy)The attorney said it was an unusual case but all is well.” –J Pete.
Why do you want to become a visitation monitor? “To help my husband. He trained with you 2 years ago and he has 5 clients now and scheduling with just 1 Monitor is getting very difficult. I want to help where I can so we can continue to grow.” –L Retig.
“I have had three clients since your August 2014. One on Sundays for three hours, another on Monday for 2 hours, and another for 2 hours on Tuesday. Business, life, and God have been good to me. Thank you for everything :)” — Bree S.
“Hello from San Diego. I finally got started after getting my son off to college and managing a full-time job and now I have 2 clients; one of them is 10 hours a week. WOW!” — Zanna S
“I just want to say, Thank You, Ms. Tamara Daniels for encouraging me to take your training class. I feel I have found my niche. Your training was exceptional and your system really works if you just follow the steps you provided us with. I took your class in August 2014 and have received many inquiries. I have 2 solid clients and 3 additional in the process. Thank you so much.” –Kathy A.
“Thank you for an amazing class! What could have been a boring and tedious process was made interesting mixed in with some levity.” –Teri Rappaport
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