Intellectual disabilities,domestic violence and legal engagement

There is increasing recognition that legal responses to domestic violence can only be effective if those who implement the law – for example, child protection workers, police and magistrates – are also effective. This article draws on the narratives of women with intellectual disabilities to analyse their experiences of engaging with the legal system as a response to domestic violence. In particular, the article considers whether they have access to appropriate support to utilise the remedies afforded by the law on an equal basis to survivors without disabilities. In considering this we draw on the concept of supported decision-making, an approach recommended by the United Nations Convention on the Rights of Persons with Disabilities.     

‘All feasible measures’—Children's Rights and Violent Conflict in Northern Ireland

SUMMARY: The UK, having ratified the UN Convention on the Rights of the Child, is bound to take ‘all feasible measures' to protect children in armed conflicts; yet in its First Report on progress on the Convention, the Government barely acknowledged the impact on children and young people of violence in Northern Ireland. By contrast the Children's Rights Development Unit in its ‘alternative’ report, the ‘UK Agenda for Children’, examined in detail children's rights in Northern Ireland, and how the Government could comply with the Convention. This article describes the consultation process informing CRDU's report, and highlights the need for children's rights to be addressed as part of both healing the past and shaping the future of Northern Ireland.     

Disentangling over-representation of parents with disabilities in the child welfare system: Exploring child maltreatment risk factors of parents with disabilities

The study explores the risk factors for child maltreatment and self-reported child maltreatment among a population-based sample of parents with disabilities. Drawing on a nationally-representative, population-based data file that oversampled people of color, income-adjusted odds ratio tests were conducted to establish population differences among parents with and without limitations in activities of daily living (ADLs). Results suggest that parents with disabilities were more likely to report many of the risk factors associated with child maltreatment than parents without disabilities, including witnessing interpersonal violence as a child; experiencing violence, neglect or a foster care stay as a child; mood or substance use disorders; and engaging in or receiving interpersonal violence as an adult. Before controlling for income, parents with disabilities had only a negligibly higher rate of engaging in violence against their children. After controlling for income, parents with disabilities were 2.5 times more likely to engage in violence against their children. Parents with disabilities who did engage in violence against their children had greater amounts of some of the child maltreatment risk factors in comparison to parents with disabilities who did not engage in violence, particularly their own childhood experiences of maltreatment, witnessing of interpersonal violence as a child, childhood stays in foster care, and experiences with interpersonal violence as an adult. Findings add to the understanding of the risk factors for child maltreatment that are related to the collateral effects of having a disability, and through the use of income-adjusted data, help disentangle why parents with disabilities are over-represented in the child welfare system. The findings highlight the need for the child welfare system to increase its disability competence in working with both children and parents with disabilities.     

Children with disabilities in Swedish child welfare – a differentiating and disabling practice

ABSTRACT

Research shows that children with disabilities are victims of violence and abuse to a higher extent than other children and thus need support from social services. In Sweden, cooperation between two different social services units is required to support children with disabilities in socially vulnerable families. In this study, we have examined the intersection between children and disability in a Swedish social services context from the perspective of childhood studies and disability studies. The reasoning of the two units including the child perspective emerged during focus group interviews based on two vignettes. The results show two different rationalities, which has consequences for the disabled child. In spite of a social policy where the ‘best interests of the child’ are meant to prevail and disabilities are meant to be interpreted as barriers in society, children with disabilities seem to be reduced to individuals who are lacking in ability and competency and who are profoundly victimised by power structures that favour the adult perspective in social services.     

‘Like waking up in a Franz Kafka novel’: Service users' experiences of the child protection system when domestic violence and acrimonious separations are involved

The challenges that arise in respect of child abuse reports made in the context of domestic violence and/or acrimonious separation have been the subject of recent academic discussion. This paper adds a service user perspective to the debate and reports on the findings from a study conducted in the Republic of Ireland. In addition to the previously established evidence about such cases, it demonstrates the level of powerlessness and frustration experienced by families who found it difficult to have their needs heard or met. It also illustrates the very detrimental emotional impact on children and parents who frequently encountered indifference as well as insensitive and gendered responses from child protection staff. The findings indicate that mainstream statutory child protection services do not have the capacity to deal with these complex cases, and advocates the adoption of alternative approaches. Importantly, the study demonstrates the necessity to pay attention to the views of service users in developing an appropriate response.     

Independent Living: gender, violence and the threat of violence

In what ways is independent living for young adults with disabilities compromised by violence and its threat? A qualitative study of 42 young adults with severe physical disabilities explored their perceptions and concerns about independent living, access to services and the meeting of needs. Young women especially experienced difficulties about leaving home, because of their own and their parents' fears about vulnerability; some who did leave home experienced highly restricted social lives because of anxiety about neighbourhood violence. Few had established partnerships, but violence and sexual abuse from partners emerged as an issue for which there is little policy. Control and abuse within caring relationships are serious issues for those who need personal care. Violence and lack of protection may undermine independent living, especially for women.     

‘There’s a lot of places I’d like to go and things I’d like to do’: the daily living experiences of adults with mild to moderate intellectual disabilities during a time of personalised social care reform in the United Kingdom

Adult social care services in the United Kingdom have undergone a period of transformation over recent years, characterised by a drive towards personalised care. Concurrently, social care budgets have been significantly reduced. This study aimed to explore the daily living experiences of adults with mild/moderate intellectual disabilities, who are at risk of no longer meeting eligibility criteria for statutory support. Focus group discussions, which included both people with intellectual disabilities and support workers, were analysed thematically. Two broad themes are presented: independence and agency; and social capital and well-being. While some participants echoed ideas central to the personalisation narrative, a number of contextual barriers to achieving greater independence and agency were discussed. Moreover, greater independence was not a desired goal for all participants. The findings highlight the potential mismatch between personalised social care, as delivered within significant budget constraints, and the needs of adults with intellectual disabilities.     

Identifying the needs of parents with learning disabilities: A review

Despite the success of some programmes in raising the parental competency of parents who have learning disabilities, many services are still providing only minimal support to such families, often following crisis intervention. Recent legislative changes within the UK have meant that statutory services are now required to adopt a preventative approach to children and families in need. A review of the literature reveals that children of learning-disabled parents are particularly vulnerable to abuse/neglect and removal from their natural family. This article addresses the difficulties that many clinicians currently experience in the early identification of parents who have learning disabilities. It also emphasizes the need for a systematic approach in the assessment of these parents prior to the implementation of parental teaching programmes.     

Understanding sex: the right to legal capacity to consent to sex

This article addresses the right to legal capacity to consent to sex of people with intellectual disabilities. Article 12 of the Convention on the Rights of Persons with Disabilities guarantees the right to legal capacity on an equal basis in all areas of life. This article discusses sex as an area of life in which people with intellectual disabilities are frequently not being granted legal capacity on an equal basis. The article examines current capacity to consent to sex law in Ireland, England and Wales in light of Article 12. It proposes an ‘agreement model’ as a potential alternative that would be Article 12 compliant.     

Competing Values in Serving Older and Vulnerable Adults: Adult Protective Services,Mandated Reporting,and Domestic Violence Programs

State mandatory reporting statutes may directly or indirectly list domestic violence programs as among those that are mandated reporters of cases of suspected abuse, neglect, or exploitation of older individuals and those with disabilities. Domestic violence programs, however, may not consider themselves to be mandated reporters, because the responsibility of reporting abuse may be contrary to their programmatic philosophy. In the Commonwealth of Virginia, the potential conflict between domestic violence programs and Adult Protective Services about the issue of mandated reporting has created tension between these organizations as each entity continues interpreting the issues and policies of mandated reporting through its own lens. The authors draw out some of the reasons for the conflict as well as make recommendations for improving relationships between the two organizations, which will ultimately benefit vulnerable adults who are experiencing abuse.     

Some Australian Children's Perceptions of Physical Punishment in Childhood

Despite ratification of the United Nations Convention on the Rights of the Child, children remain the only people in Australia against whom violence may be justified as discipline. This article presents findings from qualitative research conducted in the State of Victoria, in which children were invited to contextualise incidents of physical punishment by describing the experience from different standpoints and reflecting on the feelings and motivations of victims and perpetrators. The research provides new insights into children's experiences of childhood ‘discipline’, as children reveal the physical and emotional impact of being hit by a parent, the futility of ‘physical punishment’, parents’ confusing reactions and children's awareness of double standards. Children suggest more positive ways to communicate and to resolve conflict, and provide insightful comments that have the potential to enlighten adults’ thinking about the issue.     

Single Parenting in Families of Children with Disabilities

Rearing a child with disabilities is a challenge, per- haps even more so for single parents who most often are women. Stress and negative psychological effects have been considered likely outcomes for parents of children with disabilities. With the increased family focus in the provision of services for children with disabilities, it becomes even more important to understand the sources of stress and the types of adaptations made in these families. The research literature was analyzed and similar results were found. Single mothers of children with disabilities often were younger, had less education, and lower incomes. Few studies included these socio- economic factors. Findings indicate that gross differences betweensingle- and two-parent mothers tended to become nonsignificant when maternal education and income were taken into account. Stress levels and adaptation were not pervasively different for single mothers and mothers who were parenting with a partner, after SES variables were controlled. On a few dimensions-including family harmony, integration, and cohesion-some studies found mothers in single parent families to be at a slight disadvantage relative to two parent families. Research findings indicate that other factors need to be considered in research and in provision of services to understand the interplay between stress and adaptation and to facilitate the fami- lys coping. Further study is needed on factors on two levels; task demands and emotional responses, the diversity among mothers, their life situations, and their task demands must be recognized, and socioeconomic conditions and participation by other adults in care- giving. Positive adaptation by single mothers of children who have disabilities is a reasonable expectation; services should build upon family strengths and competencies.     

Domestic violence: a priority in child protection in New South Wales,Australia?

Over the last several years there has been increasing awareness of the connection between domestic violence and child abuse, yet only minimal attention has been paid to the implications of this for child protection practice. This article begins to address this gap. Drawing on research undertaken in New South Wales (NSW), Australia, it examines child protection practice in relation to children and young people who have been exposed to domestic violence. The research involved analysis of the responses of the statutory child protection authority in NSW (the Department of Community Services or DoCS) to abuse allegations involving domestic violence. The data are drawn from observation and analysis of the initial responses to referrals to DoCS and the ‘tracking’ of a sample of these referrals over an 18 month period. From the data obtained, it is evident that domestic violence referrals are treated less seriously than other referrals, with more being confirmed as abuse but fewer resulting in follow up or intervention. The implications of this for child protection practice are teased out. Copyright © 2007 John Wiley & Sons, Ltd.     

Listen to Me! Children's experiences of domestic violence

This paper reports on a study undertaken in the Republic of Ireland during 2005 and is based on the experiences of children and young people who have lived with domestic violence. The objectives of the study were to explore the impact of domestic violence on children, identify their needs and recommend appropriate interventions to be brokered through a centrally based women's support service. Data were gathered from 70 participants, including 37 service providers/volunteers, 11 mothers and 22 children and young people who had lived in violent environments. The data indicated that children respond in unique ways to living with domestic violence, and that services to meet their needs must be tailored to suit their individual situations. The impact of domestic violence on their lives manifested itself with regard to their sense of fear and anxiety in relation to themselves, their siblings and their mothers; their self‐esteem and sense of being ‘different’, their relationships (including ambivalent relationships with their fathers); their experiences of education and their sense of a lost childhood. The final report for the study was based on the total data collection, but this paper will concentrate primarily on the material elicited from the children and young people. Copyright © 2007 John Wiley & Sons, Ltd.     

Gendered Living Arrangements Among Children With Disabilities

Using data on disabilities from the 2000 Census, we found a consistent pattern of living arrangements that leaves children (aged 5 – 15 years) with disabilities living disproportionately with women. Children with disabilities are more likely to live with single parents, and especially their mothers, than are other children. Further, those who do not live with either biological parent are more likely to live in households headed by women than are other children. The results suggest that gendered living arrangements among children with disabilities are a neglected aspect of inequality in caring labor, which is an underpinning of gender inequality in general.     

‘Their families or the disability services will take care of them’: the invisible homeless and how Irish government policy is designed not to help them

Most intellectually disabled adults in Ireland continue to live with their parents. For those who want and/or are forced to move out of the parental home, the default option is to avail of the various kinds of accommodation offered by the Irish disability services. This paper critically investigates the range of housing options available to intellectually disabled adults living in Ireland – some more nominal than others – and the governmental role in facilitating members of this population to live in accommodation of their choosing. The relevant issues are given voice by a mother of an adult with Down syndrome. In her search for appropriate accommodation for her daughter, she provides important experiential knowledge regarding both the shortcomings of current Irish policy and the hidden discrimination to which intellectually disabled people are subjected on a daily basis by banks and private landlords alike.     

Using Theraplay in shelter settings with mothers & children who have experienced violence in the home

This article describes a group program for women and children exposed to violence in the home. The program is primarily based on Theraplay, an attachment-based intervention approach for working with both adults and children who have a variety of emotional and behavioral difficulties. The theoretical and research bases, as well as the guiding principles of Theraplay, will be outlined and discussed, and the rationale for its application to a shelter setting will be highlighted. Finally, the benefits of and challenges to implementing such a program and the implications for practice and further evaluation will be explored.     

Violence against children who have left home,lived on the street and been domestic workers — A study of reintegrated children in Kagera Region,Tanzania

Children all over the world experience physical, emotional and sexual violence. Children leaving home for street or domestic work are especially vulnerable. Strategies for facilitating reintegration for these children are advocated, but enough is still not known about the outcome of such reintegration in terms of violence and abuse. The study aimed at examining the extent of violence against children who have left home in Kagera Region, Tanzania as well as in different stages of their trajectory of life, i.e. before leaving home, on the street, as domestic workers, and after reintegration. A cross-sectional study was conducted with 214 participants aged 13–24, who had earlier left their homes and had now been reintegrated into the local community for at least one year. The study also examined the residual violence still taking place after reintegration and its potential impact on their psychological quality of life. This study, first of its kind in the country measuring level of violence for children who have left home as well as after reintegration, offered a unique opportunity to compare level of violence with other nationally conducted studies on violence against children recruited from the home setting. The result showed a significantly higher overall prevalence of violence against the children who left home compared to the national average. After reintegration, the overall prevalence of violence had declined significantly (p-value < 0.001) and to the same level as the national average, showing that reintegration can be successful.The group still facing violence showed lower psychological quality of life, which emphasises the need for continued preventive work to reduce the overall violence against children in society, with special emphasis on orphans and other vulnerable children most at risk of leaving their homes.     

Exploratory research on the death and survival of neonates with congenital disorders in North Korea

In 2016, North Korea ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD). However, previous data and the testimonies of North Koreans have suggested that infants born with congenital disorders are either being euthanized or else left unattended resulting in their deaths. The study focuses on the question, “How is the life or death of infants born with congenital disorders determined during childbirth in North Korea?” In-depth interviews were conducted with 20 North Korean refugees who were involved as doctors, nurses, or party officials in the policies and practices related to persons with disabilities. We analyzed the interviews using the Grounded Theory with constant comparison and confirmed that infants born with congenital defects were intentionally euthanized with the acquiescence of the North Korean political party, hospitals, or their parents. It was also observed that children with disabilities in North Korea are subjected to severe human rights abuses. The dismal conditions in North Korean society have made parents unwilling to and incapable of raising their disabled children. To preserve the lives and dignity of infants born with disabilities, systematic and profound changes are necessary in North Korean disability policies to comply with international disability rights standards. This study remains at an exploratory stage due to obstacles in accessing research data on North Korean governmental policies and the lack of credible statistics on persons with disabilities. Nevertheless, the current study offers a deeper insight and understanding of the actual conditions in North Korea. This study is significant as it addresses and shares the issues of human rights and welfare of persons with disabilities in North Korea with the concerned members of the international community.     

Domestic violence and child protection: issues in safety planning

There is strong evidence for the link between domestic violence and child abuse. Agencies' policies regarding domestic violence and child protection are critical in determining the dimensions of practitioner intervention, including safety planning for women and children. This paper explores the issues identified in research around safety planning where there are domestic violence and child protection concerns which was conducted with practitioners in New South Wales (NSW), Australia, in 2001. In particular, the paper focuses on three of the factors that influence practitioner intervention with women and children. These are: definitional understandings of domestic violence and child abuse; child protection legislative changes, including mandatory reporting and domestic violence as a child‐at‐risk category; and the NSW child protection statutory authority's response to domestic violence. The interplay between these factors results in complexities of practice for practitioners as they attempt to maximize women's strengths and minimize risks to children's safety. The resultant inconsistent response to domestic violence and child protection by government and non‐ government agencies suggests the need for domestic violence interagency guidelines. Copyright © 2002 John Wiley & Sons, Ltd.