Running head: RISK ASSESSMENT

Resilience as a Moderator of Risk Assessment Factors in Child Abuse Gerry Hoffman Argosy University

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Abstract This paper discusses identification of child abuse and moderating risk factors included in the forensic assessment of child abuse and examines how an assessment including strengths may prove beneficial in guiding treatment. The value of assessments, which include strength based factors over assessments based solely on risks , will be examined as they relate to a strength/risk perspective (Gilgun,1999). CASPARS (Clinical Assessment for Assessing Client Risks and Strengths) which is based on a set of five instruments , developed through eleven years of in-depth case study research, will be examined as a tool for effective strength assessment . Neighborhood based programs for the prevention and treatment of abuse and neglect will be examined as a means of increasing family empowerment.

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Moderators of Risk Assessment Factors in Child Abuse

The issue of child abuse is widespread http://www.childwelfare.gov cites Child Maltreatment (2007) as reporting 794,000 victims of child maltreatment in 2007 Federal fiscal year . Fifty-nine percent experienced neglect, 10.8 percent were physically abused, 7.6 percent were sexually abused, 4.2 percent were psychologically maltreated, less than 1 percent were medically neglected, and 13.1 percent were victims of multiple maltreatments. In addition, 4.2 percent of victims experienced other types of maltreatment such as abandonment, threats of harm to the child, and congenital drug addiction (U.S. Department of Health and Human Services , 2009). The term battered child syndrome first appeared in 1860 when Ambroise Tardieu, a legal medicine professor in Paris noted 32 deaths of child as the result of whippings and burnings (Payne & Gainey, 2002). It was more than a hundred years later, in 1974, when the United States congress passed the Child Abuse Prevention and Treatment Act (CAPTA) (Payne& Gainey, 2002). CAPTA has undergone various revisions being further amended by the Child Abuse Prevention and Treatment Act Amendments of 1996 (P.L. 104-235, 10/3/96), which amended Title I, replaced the Title II Community-Based Family Resource Centers program with a new Community-Based Family Resource and Support Program and repealed Title III, Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness (U.S. Dept. of Health & Human Services,2009). Between the 1970's and 1990 the number of abuse cases increased as a result of an increase in willingness to report cases. Child maltreatment can fall into the categories of abuse and neglect. Abuse consisting of physical, sexual or emotional/psychological is considered the act of harm against a child, with neglect failing

RISK ASSESSMENT to meet the child's needs (Payne & Gainey,2002). Physical, emotional , medical , and educational neglect are most often cited (Payne & Gainey,2002).

It is estimated that 40,000,000 children (14 years or younger) are the victims of abuse or neglect. In the United States a child is twice as likely to be a victim as enrolled in Head Start (Payne & Gainey, 2002). Non physical actions that are intentional and that cause mental injuries can be defined as emotional maltreatment . O' Hagen(1995) believes that psychological abuse impairs the mental processes and hinders mental development, while emotional affects emotions and hinder emotional development. Appropriate discipline levels are difficult to define because of cultural variations and raise the question of what is discipline and what is abuse. Spanking remains a controversial issue with authors such as Dubanoski, Inaba and Gerkewicz cited by Payne & Gainey(2002) as believing that children learn violence can be used as a a tool to respond to behavior and these authors cite research stating that spanking increases delinquency risk. Discussion This paper discusses the role that resilience factors present in moderating risk of child abuse. Risk factors cannot predict that an individual will have a particular outcome but an individual who has been maltreated in their childhood will have a risk for mistreating their own children (Gilgun,2000) . Risks may include a history of abuse as a child or adolescent, homelessness. poverty, family disruptions, job loss, genetics,racial or ethnic discrimination. Assets may be above average IQ, good schools, caring parents, neighborhood resources, adequate income. (Gilgun,2000). Some individuals with assets may have poor outcomes if unable to use their assets to moderate risks. Gilgun(2002) cites the case of Rob, a father of two who was verbally, sexually and physically abused by an alcoholic father. His mother failed to offer emotional support. If judged on risk alone the profile would be inadequate. He had no alcoholism in his extended family and two of his uncles were respected public figures from whom he

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received affirming experiences. His family were financially solvent. Rob himself never drank. He attended good schools and the neighbor had good resources for recreation. His ethnic, racial and religious identity were in congruence with others in the area. Early in his marriage he was physically and verbally abusive to his son and verbally abusive to his wife as well as physically intimidating. After his wife left with the children and he saw that he had broken his child's toy he had a realization that he was acting like his father and entered treatment for his sexual abuse and attended Parents Anonymous.

Gilgun (2000) states that research on resilience shows that when individuals are able to mobilize their resources and cope with adapt to and overcome risks they are said to be resilient. She cites the following moderating factors as aids in overcoming risks: willingness to do what it takes to care for children in the home, following through on activities that increase parenting capacity, a history of adequate care, admission of their part in problems, stable housing and work histories, law abiding, no mental illness or caring for it well, healthy relationships with others, support network, no substance abuse or long term sobriety. In consideration of moderating factors for risk, examination of the literature provides examples of community based programs which serve to increase skills and empowerment of families. Prevention programs may fall into several categories: Population or universal based which are designed to prevent child abuse: such as public service announcements, selective which are directed toward those whose children are at increased risk, and indicated which are directed to those children of families who have been neglected (Dubowitz,1999). Model programs have been found to focus on both prevention and treatment, strengthen family and community supports and connections, treat parents as vital contributors to child growth and development and create opportunities to have parents feel empowered to act on their own behalf. These programs often formed as a result of needs assessments.(Melton,

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Thompson & Small,2002). New fiscal and administrative structures which allow for creative, knowledgeable committed individuals to work within communities to support families within are needed states Melton et al. (2002). Dubowitz(1999) states that policy-oriented research is a desperate need in the area of child neglect.

Practice of Forensic Psychology James Peters (1990) a senior attorney with National Center for Prosecution of Child Abuse was cited by Layman (1990) as stating that one of the special issues related to trying crimes against children in criminal court is the definition of child. Legally, a child is a person under the age of eighteen. If a child is very young -three, to six years old, the issue of competency arises regarding the child's ability to recall details of what happened and understand simple questions about them and answer those questions. Photographs and eye-witnesses along with medical testimony must be used in cases with pre verbal children. This is a vulnerable class of victim because offenders are difficult to detect. One of the greatest challenges in child abuse cases is dealing with the developmental differences between children and adults. An American Bar Association study ( approx. 1990) found that in most cases half of the people convicted of molesting children get probation with an order for treatment and sometimes county jail. Child protective services(CPS) follow a two response to child abuse and neglect allegations. First, a referral is received. Initially referrals are screened to determine if appropriate for further investigation. The second stage is a report. At this stage the agency either starts an investigation to determine if the child is maltreated or at risk. The appropriate intervention is then determined. Determining if a referral meets the state standard for investigation is called screening. A finding is then made called a disposition. Determining whether neglect has occurred is based on answers to the

RISK ASSESSMENT questions: Do conditions indicate the child's basic needs are unmet? What harm or threat of harm may have resulted? Assessing risk is a collection of information to determine the degree to which a child is

likely to be abuse or neglected in the future. A safety assessment involved the imminent risk of harm. The comprehensive process of identifying, considering and weighing factors affecting the child's safety and well being gains a greater understanding of the strengths, needs and resources of the family.(Shannon, 2009).

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References

Dubowitz,H.(1999). Neglected children:Research,practice and policy.Thousand Oaks,CA:Sage Publications. Gilgun.J.F.(2000). A guided tour of risk assessment in child welfare. Prepared for 3rd annual welfare conference. University of Minnesota, Duluth. St. Paul,MN.: McKnight foundation. Retrieved from:http://www.scribd.com. Layman,R. Child abuse:current issues. (Vol.1). Dettroit,MI.:Omnigraphics ,Inc. Melton,G.,Thompson,R.A.,& Small,M.A.(2002). Toward a child-centered neighborhood-based child protection system:A report on children, families, and the law.Westport,CT.: Praeger. Payne,B.& Gainey,R.(2002). Family violence and criminal justice:A life-course approach. Cincinnati,OH:Anderson Publishing Company. Shannon,J.B.(2009). Child abuse sourcebook.2nd ed. Detroit,MI.:Omnigraphics. US Dept. of Health and Human Services(2009).Child abuse prevention and treatment act. http://www.acf.hhs.gov/programs/cb/laws_policies/cblaws/capta/index.htm.