Abstract and Introduction
Failure to protect laws are designed to guard children from the negative effects of exposure to interpersonal violence. Not only haven´t these laws been found to be helpful, but they may actually produce harm.
Every year in the United States between 4 and 6 million women are victims of interpersonal violence (IPV) (Kintner, 2005). Approxi mately 4 out of 10 abused women live in homes with children under age 12, leading researchers to estimate that between 3 and 10 million children are exposed to IPV annually.
Some states have attempted to protect children by including exposure to IPV as "failure to protect" under child abuse and neglect laws. Charges have been brought against IPV victims for failure to act or fulfill a duty recognized by the law to protect children from exposure to IPV (Matthews, 1999). Failure to protect laws assume IPV harms the children who are exposed to it, necessitating state or judicial intervention.
Parents and caregivers often think they are sheltering children from IPV, but 80-90% of children exposed to IPV can relate detailed descriptions of violent episodes (Rhea, Chafey, Dohner, & Terragno, 1996). Research reports that children exposed to IPV may be at risk for emotional and psychological injury resulting in developmental delays, cognitive impairment, and maladaptive behavioral responses (Ballif-Spanvill, Clayton, & Hendrix, 2003). As many as 35-50% of exposed children have emotional or behavioral problems that fall into the clinical range requiring intervention by behavioral health specialists (Martin, 2002). In 30-60% of homes in which IPV is reported, child maltreatment occurs (Edleson, 1999). Intergenerational transmission of abusive behaviors and attitudes often develops. Men who are exposed to IPV as children are two times more likely to abuse their wives than men who are not (Edleson, 1999).
Not all research finds the effects of IPV on children detrimental enough to warrant state intervention. Individual responses to exposure to violence are difficult to predict (Edleson, 2004). A wide range of responses to IPV exposure was discovered in a study of 58 children in a battered women's shelter (Hughes & Luke, 1998). Behavioral problems, low self-esteem, depression, and anxiety were assessed. The researchers found that 36% of the children were "hanging in there" while 26% were described as "doing well." The remaining 22 (38%) children demonstrated a variety of problems classified as "high behavior problems," "high general distress," or depression.
Sullivan et al. (2000) studied children (n = 80), 7-11 years old. Despite exposure to IPV, 83% of the children studied said they were happy with themselves and reported relatively high self-concept scores and low levels of behavioral problems. Grych and colleagues (2000) studied 228 children residing in a shelter for battered women. Nearly one-third functioned well and did not demonstrate any problems. Research suggests that a significant percentage of children residing in IPV shelters exhibit either low levels of distress and behavior maladjustment or none at all.
Differences in children's responses were attributed partly to protective factors such as well developed interpersonal skills, intelligence, special talents, social support systems, and relationships with supportive and nurturing adults (Martin, 2002). Protective factors increase a child's resilience or ability to cope with a situation. Conversely, co-existing risk factors including parental substance abuse, parental mental health issues, and the presence of a weapon in the home decrease a child's ability to cope and increase the risk of neglect and abuse of the child (Cox, 2003).
The way in which research is conducted may influence research findings. Populations of children chosen for study often come from the criminal justice or shelter systems. These children may disproportionally represent children who have been exposed to the most severe forms of IPV. Only one-third of the almost 100 studies documenting the harmful effects of IPV exposure have differentiated between children who were physically abused and those who weren't, leading to questions regarding the validity of the remaining two-thirds of the studies (Edelson, 2004). Experts on children and IPV caution against assumptions that IPV exposure constitutes maltreatment or warrants child protective services (CPS) intervention in all cases (Hughes, Graham-Bermann, & Gruber, 2001).
J Foren Nurs. 2007;3(2):84-86. © 2007 International Association of Forensic Nurses
Cite this: Failure to Protect Laws: Protecting Children or Punishing Mothers? - Medscape - Jul 01, 2007.
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