Radio Interview: "Why I Stayed"

Radio Interview - "Why I Stayed"


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FLORIDA LEGISLATURE

Lawmakers push to curb medicating foster children

Mental-health drugs for foster children would be limited under a legislative proposal being considered in Tallahassee.

BY CRISTINA SILVA

Herald/Times Tallahassee Bureau

TALLAHASSEE -- A year after a seven-year-old boy heavily medicated on powerful psychiatric drugs hanged himself in his Margate foster home, lawmakers are pushing to reform state medical requirements for foster children.

The Senate's Children, Families, and Elder Affairs Committee unanimously approved a measure Thursday designed to curb the prescription of mental-health drugs to children in state care.

The proposed law would require the state Department of Children and Families to assign legal guardians to oversee each child's mental-health care. It prohibits prescribing drugs under clinical trial to foster children and raises the age children are allowed to take these drugs from six years old to 11 years old in many cases.

The measure would also give children some say in the drugs they take.

``We are not just going to medicate them until they turn 18 and then dump them into adulthood,'' said sponsor Sen. Ronda Storms, R-Brandon, chair of the Children, Families, and Elder Affairs Committee.

The state's growing use of adult medication on emotionally and mentally troubled children has sparked debate for years.

Multiple state studies show child-welfare doctors and case managers routinely failed to follow legally required treatment plans or properly document when and why drugs were given to foster children, creating a network of youth sedated by ``chemical straight jackets,'' said Storms.

The death of Gabriel Myers in April further revealed the shortcomings of a 2005 legislation that required more information sharing, parental involvement and second-party review of doctors' prescriptions for the youngest children.

Because foster children are often cared for by multiple service contractors, communication lapses and fragmented mental-health care are still rampant problems, a recent state report on Myers' death determined.

``Our response to him was to medicate him, and medicate him, and medicate him,'' Storms said.

Under the bill, proposed medical treatment plans must be explained to a child and the child must consent to the treatment in most cases before they can begin taking the drugs.

``What this means is less medication and more behavior analysis so that they are not just sedated little zombies,'' said Jan Montgomery, president of the Florida Association for Behavior Analysis, which would train legal guardians to observe and treat behavioral problems.

Still, Montgomery said she did not expect a sudden culture shift, given failed past efforts to track foster children's medical records.

``It's going to be a slow slide toward what we are hoping is the right way,'' Montgomery said.

Cristina Silva can be reached at csilva@sptimes.com

Read more: http://www.miamiherald.com/2010/03/19/1536772/lawmakers-push-to-curb-medicating.html#ixzz0icSPWXnt



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Information about the Underserved Populations Committee

Some information about the Underserved Populations Response Committee:

We have had a very positive response to our creation of the Underserved Populations Response Committee. We would like to focus on enhancing services to underserved populations experiencing domestic violence, sexual assault, rape, incest, and stalking. We want to identify underserved populations, subject matter experts, services, organizations, websites, and other resources.

We have heard from many people interested in participating, and received many suggestions for populations to be included.

Set forth below is the list of underserved populations we have identified so far:

• Women of color
• Gay men, lesbians, bisexuals, and transgendered individuals
• Persons with disabilities
• Women who are Orthodox Jews
• Other members of the Faith Community
• People with Limited English Proficiency
• Farm workers
• Undocumented aliens
• Battered immigrant women
• Haitians
• Women who are homeless who have experienced domestic violence, sexual assault, rape, and incest.
Indigenous Women


We also want to serve men who are victims of domestic violence, but we want to discuss how best to do that.

I am sure that I have an incomplete list of underserved populations. That is why it is so important to have a collaborative approach here. If you have additional underserved populations you would like to include, please contact Marc Dubin, Esq., Committee Chair, at mdubin@pobox.com or at 305-896-3000 (mobile).

I have thought of some goals for the Committee, set forth below, but I want to hear from others as to the goals you want us to try to accomplish. I know that there are some remarkable organizations and individuals already working to enhance services to underserved populations around the country

The Underserved Population Response Committee has several goals:

• Identify underserved populations;
• Identify resources, including subject matter experts, and individuals and organizations serving these populations, as well as websites and Blogs with information and resources; and
• Enhance collaborations and partnerships to better serve these populations.

Thank you. I look forward to getting to know you, and look forward to a successful Committee.




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DOJ: Victims with Disabilities

Victims with Disabilities

The Bureau of Justice Statistics (BJS), in response to the mandates of Public Law 105-301, the Crime Victims with Disabilities Awareness Act (CVDAA), is working to develop the capability to measure crimes against people with disabilities. The Act requires the enhancement of the National Crime Victimization Survey (NCVS) to collect these data.

Since 2000, BJS has initiated several activities to lay the foundation for developing such estimates. Consistent with the experience of other Federal agencies, there are a number of issues that must be addressed in order to design methodologies to meet the mandates of the legislation, including developing a reliable set of questions to identify people with developmental and other disabilities, and developing procedures to accommodate, as necessary, interviews with such people. BJS and the Census Bureau, which conducts NCVS interviewing, consulted and worked with staff from a number of Federal agencies to develop survey questions to identify people with disabilities.

In July 2000, BJS added to the NCVS Crime Incident Report a test of supplemental items designed to obtain information from victims of crime on any health conditions, impairments or disabilities affecting their everyday life. In fall 2001, BJS, together with the Census Bureau, fielded a test among known persons with development disabilities in California to further test questions related to disability and to determine what types of interview techniques work best with different types of populations with disabilities.

Based on the results of the tests, BJS and the Census Bureau developed a revised set of questions to address problems that were identified. The revised questions were implemented into the NCVS in January 2004, and will be evaluated to determine whether they obtain reliable information. Once finalized, the questions will produce estimates of the faction of victims who have disabilities. The survey will rely on population estimates from other sources to enable the production of victimization rates for people with disabilities.

People with developmental disabilities are four to 10 times more likely to be victims of crime than other people are. (Sobsey, D., Wells, D., Lucardie,R., and Mansell, S. 1995. Violence and Disability: An Annotated Bibliography. Baltimore, MD. Brookes Publishing.)

In response to a recent survey of women with physical disabilities, 56 percent reported abuse, a number consistent with other studies of this nature. Of this group, 87 percent reported physical abuse; 66 percent reported sexual abuse; 35 percent were refused help with a physical need; and 19 percent were prevented from using an assistive device. (Wayne State University. 2004. Michigan Study on Women with Physical Disabilities. Washington, D.C.: National Institute of Justice, U.S. Department of Justice.)

In this same survey, 74 percent of the women reported abuse that was chronic in nature and 55 percent reported multiple abuse situations in their adult lives. The abuser was their male partner 80 percent of the time. (Ibid.)

Of the women with physical disabilities reporting abuse, their abusers were using drugs and/or alcohol 53 percent of the time. (Ibid.)

Only 33 percent of the abused women with physical disabilities who were surveyed sought assistance to address the abuse, and from this group, there were “mixed reactions” as to whether the assistance had been a positive experience. (Ibid.)

In a five-year retrospective study of 4,340 child patients with disabilities in a pediatric hospital, 68 percent were found to be victims of sexual abuse and 32 percent were victims of physical abuse. (Willging, J.P., Bower, C.M., and Cotton, R.T. 1992. “Physical Abuse of Children: A Retrospective Review and an Otolaryngology Perspective.” Archives of Otolaryngology and Head and Neck Surgery 118(6):584-590.)

The National Rehabilitation Information Center estimates that as many as 50 percent of patients who are long-term residents of hospitals and specialized rehabilitation centers are there due to crime-related injuries. In addition, it is estimated that at least six million serious injuries occur each year due to crime, resulting in either temporary or permanent disability. (Office for Victims of Crime Bulletin. 1998. Working with Victims of Crime with Disabilities. Washington, D.C: U.S. Department of Justice.)

In a study of 946 women, 62 percent of women with and without disabilities reported that they had experienced emotional, physical, or sexual abuse. However, women with disabilities reported experiencing their abuse for longer periods of time (3.9 vs. 2.5 years respectively). In addition to the types of abuse experienced by the entire group, women with disabilities specifically reported that their perpetrators sometimes withheld needed orthotic equipment (e.g., wheelchairs, braces), medications, transportation, or essential assistance with personal tasks such as dressing or getting out of bed. (Young, M.E., et al. 1997. “Prevalence of Abuse of Women with Physical Disabilities.” Archives of Physical Medicine and Rehabilitation Special Issue. 78 (12, Suppl. 5) S34-S38.) For more information visit, www.bcm.tmc.edu/crowd/national_study/national_study.html.

Sobsey and Doe estimate that more than half of abuse of people with disabilities is generally perpetrated by family members and peers with disabilities and that disability professionals (i.e., paid or unpaid caregivers, doctors, nurses) are generally believed responsible for the other half. It is estimated that approximately 67 percent of perpetrators who abused individuals with severe cognitive disabilities accessed them through their work in disability services. (Sobsey, D., & Doe, T. 1991. “Patterns of sexual abuse and assault.” Journal of Sexuality and Disability, 9(3): 243-259.)

Sixty-one percent of sexual assault survivors with disabilities who received counseling services at SafePlace in Austin, Texas, between 1996-2002, reported multiple perpetrators of violence. Approximately 90 percent of the sexual violence perpetrators were not strangers to their victims. (SafePlace. 2003. Stop the Violence, Break the Silence. Austin, TX.)

In a national survey of domestic violence and rape-crisis agencies, 67 percent of the survey participants reported that their center had served people with mental illness labels over the past year. Despite the high incidence of violence against people with disabilities, few participants reported that their center served people with cognitive disabilities (seven percent), physical disabilities (six percent), or who are blind, deaf or have hearing loss (one percent). (Schwartz, M., Abramson, W., & Kamper, H. 2004. “A National Survey on the Accessibility of Domestic Violence and Sexual Assault Services to Women with Disabilities.” Unpublished raw data. Austin, TX. SafePlace.)

Note: Given the small size/scope of some of these studies, results cannot be extrapolated to the nation as a whole.

With funding from the Department of Justice (Office for Victims of Crime), SafePlace's Disability Services ASAP (A Safety Awareness Program), in Austin, Texas, is working with 10 victim assistance organizations from across the country to enhance and expand services for crime victims who have disabilities. The organizations include: The Southern Arizona Center Against Sexual Assault, Tucson, AZ; The Chadwick Center for Children & Families at Children's Hospital and Health Center, San Diego, CA; Ability 1st, Tallahassee, FL; Partnership Against Domestic Violence, Atlanta, GA; Carbondale Illinois Police Department, Carbondale, IL; The Lafourche Parish Sheriff's Office, Thidodaux, LA; Safe Passage, Northhampton, MA; Rape Crisis Center of Central Massachusetts, Worcester, MA; Ulster County Crime Victims Assistance Program, Kingston, NY; and the Network of Victim Assistance, Doylestown, PA. SafePlace is administering grant funding and providing expert training and technical assistance to the 10 organizations to foster innovative practices, principles and community partnerships for delivering accessible services to crime victims with a wide range of disabilities. Each of the 10 victim assistance organizations has conducted a community needs assessment and developed a strategic plan to determine the best way to address the identified gaps and barriers to victim services for people with disabilities. Additionally, each organization has developed a programmatic evaluation plan to identify performance measures for determining progress and success and a sustainability plan to ensure that activities continue beyond the grant period. The organizations will continue to implement their strategic plan during the second and third years of the project. This venture takes the lessons and achievements of SafePlace's model Disability Services program (begun in 1996) to communities across the country. For more information about the Disability Services ASAP project, visit www.austin-safeplace.org.

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DOJ; Stalking

Stalking

According to findings from the National Violence Against Women Survey, eight percent of women and two percent of men in the United States have been stalked in their lifetime. (National Institute of Justice. 1998. Stalking in America: Findings from the National Violence Against Women Survey. Washington, D.C.: U.S. Department of Justice.)

Based on an analysis of 103 studies of stalking-related phenomena representing 70,000 participants, the prevalence across studies for women who have been stalked was 23.5 percent and for men was 10.5 percent. The stalking averaged a duration of nearly two years. (Spitzberg, B. 2002. “The Tactical Topography of Stalking Victimization and Management.” Trauma, Violence & Abuse, 3(4).)

The average physical violence incidence rate in the above-mentioned study was 33 percent and the incidence of sexual violence was over 10 percent. (Ibid.)

According to the above-mentioned analysis, restraining orders against stalkers were violated an average of 40 percent of the time. In almost 21 percent of the time, the victim perceived that the behavior following the implementation of the order worsened. (Ibid.)

A recent analysis of 13 published studies of 1,155 stalking cases found that the average overall rate of violence experienced by the victims was 38.7 percent. (Rosenfeld, B. 2004. “Violence Risk Factors in Stalking and Obsessional Harassment.” Criminal Justice and Behavior, 31(1).)

Stalkers with a prior intimate relationship are more likely to verbally intimidate and physically harm their victims than stranger stalkers. Among six different studies, risk factors for violence ranged from 45 percent to as high as 89 percent among stalkers with prior intimate relations with victims compared to risk factors for stalkers who targeted strangers or acquaintances, which ranged from five percent to 14 percent. (Ibid.)

History of substance abuse proves to be one of the strongest predictors of increased rates of violence in stalking crimes. In combination, the strongest risk markers for assessing the likelihood of stalking violence are: 1) threats and intimidation; 2) the existence of prior intimate relationships; and 3) substance abuse. (Ibid.)

Stalking in the context of intimate partner violence often goes unreported as a crime. In an analysis of 1,731 domestic violence police reports, 16.5 percent included a narrative description of stalking behavior, yet the victim used the term “stalking” in only 2.9 percent of the cases and the officer used the term “stalking” in only 7.4 percent of the cases. (Tjaden, P. and Thoennes, N. 2001. Stalking: Its Role In Serious Domestic Violence Cases. Washington, D.C.: U.S. Department of Justice.)

Stalking allegations are more prevalent in reports involving domestic violence victims and suspects when they are former rather than current intimates. Of domestic violence reports involving formerly dating couples and co-habitants, stalking was involved in 47.4 percent of the reported cases. Of reports involving separated or divorced couples, stalking occurred in 32.7 percent of the cases. When stalking was reported in domestic violence cases involving married couples the rate dropped to 9.6 percent; for co-habiting couples, it dropped to 6.7 percent; and for dating couples, it dropped to 19.7 percent. (Ibid.)

The prevalence of anxiety, insomnia, social dysfunction, and severe depression is much higher among stalking victims than the general population, especially if the stalking involves being followed or having one's property destroyed. (Blaauw, E., et al. 2002. “The Toll of Stalking.” Journal of Interpersonal Violence, 17(1).)


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Underserved Populations - Latina Women

Article

When Susan Reyna learned in May that she had a won a grant to help fund her work with victims of domestic violence in a community of mostly migrant Latina women, all she could think of was how far she and others had come.

"I thought of the abuse I watched my mom go through; what I survived," said Reyna, a third-generation migrant worker who witnessed domestic violence and experienced sexual abuse as a child. "We've come so far since those first days; we have brought domestic violence as a health issue to a national level!"

Reyna was awarded $120,000 by the Boston-based Robert Wood Johnson Community Health Leadership Program award, to enhance MUJER, Inc. (The program's name in Spanish means "woman.") MUJER, in Homestead, Fla., is now addressing what has been considered the greatest obstacle that Latina women face when trying to escape domestic violence: fragmentation of services.

MUJER offers comprehensive care to victims by partnering with a network of over 15 other community agencies that provide serves ranging from legal aid to healthcare.
(Continued)


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Underserved Populations - Indigenous Women

Report on Listserv on Indigenous Women

"In both United States and Canadian mainstream news, the disproportionate rate of sexual violence against Native/American Indian, Alaska Native, and First Nations women is consistently underreported. Indeed, as Amnesty International concluded in April 2007, despite centuries of brutalisation of Indigenous women, and even with the recent addition of its own one-hundred-thirteen pages of documentation of “many incidents of sexual violence against American Indian and Alaska native women[,]…the great majority of stories remain[s] untold.” At the same time, Indigenous women have been asserting their own stories around the trauma of violence in ways that work toward making whole what colonialism attempts to systematically dismember. One particularly powerful venue of re-membering the piecemeal and partial representations of violence against Native women in mainstream U.S. news is the U.S.-based internet community CAVNET_IW (Communities Against Violence Network - Indigenous Women), whose formation, intentions, and practices serve as a potent counter-narrative to the mainstream news media's consistent efforts to render Native women's stories invisible and insignificant. As a site that not only disseminates news about violence against Indigenous women but creates a forum for women to tell their own stories, CAVNET_IW has fashioned a potential safe space through which immediate and historical trauma affecting Native women paves pathways to personal healing and political change. At the same time, CAVNET_IW, a carefully monitored discussion space requiring member sign-up and message screening before posting, paradoxically works to end violence and heal trauma by necessarily circulating life stories that keep episodes of traumatic violence constantly present in the consciousness of CAVNET_IW members."

To apply for membership in CAVNET_IW, write to sarahdeer@yahoo.com.
To apply for membership in CAVNET, visit www.cavnet.org and apply online.


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My Speech to DVSAC

Presentation to DVSAC

Marc Dubin, Esq.
Director of Advocacy, Center for Independent Living of South Florida
mdubin@pobox.com
305-896-3000


Thank you for the opportunity to talk with you today. In 1989, I was a prosecutor in Key West, and one day, as I was sitting at my desk, I heard another prosecutor across the hall loudly berating a woman seated across from him. I looked at her and I could see that she was terrified. He was very angry that she was insisting that he drop the charges and insisting that nothing had happened, and insisting that her husband should be released from jail. I could hear the fear in her voice from across the hall, and the frustration in his. He was a new prosecutor, and had no experience prosecuting domestic violence cases.

He simply could not understand why she would want to deprive him of his opportunity to help her. He simply could not understand why she might reasonably believe that she would be safer without his help, without his intervention.

I got up, interrupted the conversation, and asked to speak to him privately. I politely offered to take the case off his hands, took the case file, and brought her into my office and closed the door. After I reviewed the file, I explained to her that I understood that she was afraid, and that I understood that she would prefer that we drop the charges. I told her that I did not blame her for wanting us to do so. I asked her if she had any children, and she indicated that she had a young daughter at home. Her husband was alleged to have gotten into an argument with her in front of her daughter and was alleged to have punched her in the face, causing a bruise. A neighbor had called the police because of the loud yelling that had been heard.

I suggested to her that I was concerned not only about her safety but also about the safety of her daughter. I told her that our office did more than just put people in jail. I told her that we had social workers who would talk to her privately and provide her with help. I told her that we would introduce her to people from the domestic violence shelter who could help her and help her daughter.

I told her that according to the police who had responded, she had told them, while crying and upset, that her husband had punched her. I noted that she later told them that was not true, when she saw them put handcuffs on her husband. I told her that the bruise that I observed on her was evidence of violence, and that I was concerned that this was not the first time she had been hit, and I asked her to think about how many times her young daughter had seen her being hit by her husband, and what effect that must have on her daughter. I asked her to think about the possibility that next time her daughter could get in the way and could get injured. I told her that I had a way to help them.

I explained to her that I had the authority to get her husband released from jail, without dropping the charges. I explained to her that I could offer him a plea that could end this prosecution that would include a requirement that he attend classes for batterers -- and that if he agreed to this, and agreed to plead, I would advance the case on the calendar, take his plea, and let him out. I told her that I would send a letter on State Attorney stationery to her husband’s attorney informing them that she had come to my office and had asked to have the charges dropped, but that the State Attorney’s office had refused to do so and was proceeding with the prosecution over her objection, and that she would be subpoenaed to appear in court.

I noted as well that as I explained the options to her, she seemed to relax a bit. I went on to explain to her that I was going to ask a female detective to take photographs of her injuries so that I could use the photographs to convince her husband's attorney of the strength of my case. I also explained that since she had told the police officers that her husband had hit her, and that she had made those statements while upset by the incident, I was planning to seek to have the police officer testify as to what she said, and would seek to enter her statements into evidence through the police officer as excited utterances. I also told her that we had a 911 tape we were going to introduce as well. I was simply trying to make the case as if it were a homicide, which I feared it would eventually become if we did not intervene.

She agreed, relieved that I had not judged her. I interviewed her at length about what really happened, then brought in a female detective who photographed her injuries, and then we introduced her to the victim witness staff person and someone from the domestic violence shelter. I contacted her husband's attorney, explained that we were going to proceed over the objection of the victim, sent a letter to her husband's attorney indicating that the victim had come forward and had asked to have the charges dropped, and that the State Attorney's office had refused to do so because we had admissible evidence proving beyond a reasonable doubt that her client had committed domestic violence. I offered a misdemeanor plea to battery, a year of probation, and a batterer's treatment program as a condition of probation. I offered to advance the case on the calendar and release him immediately upon the entry of his plea. She agreed, and several days later he pled guilty and was released. He was later sentenced to probation.

I thought about how we handled domestic violence cases. I approached my boss and offered to take all of the domestic violence prosecutions in Key West -- misdemeanors and felonies. For the next two years, on top of my other cases, I was assigned all of the domestic violence cases in Key West. From that point onward, I began to learn how little I knew, and how much help I needed. I had been a prosecutor for six years prior to that, in Brooklyn, New York. I still had no idea.

Despite my experience, I found that I knew very little about domestic violence. I learned, very quickly, that I needed help. At that time Trula Motta was the Executive Director of the domestic violence shelters in the Keys, and asked Trula and others for guidance. I turned to the police for guidance as well, who, by and large, were very frustrated by victims' lack of cooperation and the dropping of charges by the State Attorneys’ office.

I approached judges as well, who were also frustrated by these cases, as they often took up valuable time on the docket, only to be dropped.I began to think about ways to improve the situation. I noticed that there had been a practice in my office of offering defendants charged with domestic violence pretrial intervention rather than requiring them to plead guilty and be placed on probation. I recognized that this offered us an opportunity to record a win, of sorts, and keep the defendant loosely tied to the criminal justice system. If during the time that he was on unsupervised probation through pretrial intervention he got in trouble again, we retained the right to try him on the original charges. Of course, that meant a weak case that we did not want to try in the first place would become a weaker case months later that we could not realistically try at all. And it meant no help for victims or their children.

I informed the Public Defender's office that since I was trying all of the cases of domestic violence, I would never be offering pretrial intervention again. I would be prosecuting cases over the objection of the victim if I felt I could make the case, and that I would prefer to put the defendant through trial and lose it than put the victim at risk because the State Attorneys’ office did not stand behind her. As a compromise, and an inducement to plead, I offered to withhold adjudication, if the defendant agreed to plead guilty, accept a year of probation, and as a condition of probation agreed to attend a batterer’s intervention program. I also offered to advance all cases where the defendant was in jail upon the entry of a plea.

As more cases came in, I also re-examined the allegations against each defendant, and discovered something very interesting. In case after case, the police had arrested the defendants for misdemeanors -- usually a violation of a restraining order and battery, but in case after case, they had under charged the defendant. For example, in a case in which the defendant had a restraining order issued against him and he went over to the victim's home, went inside, and hit her, I had him rearrested, and charged him with a felony burglary of an occupied dwelling, alleging that he had knowingly entered without permission (even when she let him in, and he entered in violation of the restraining order) with the intent to commit a crime (battery/domestic violence) therein. I also charged him with the battery and a violation of the restraining order. I walked the charging instrument over to a judge, got an arrest warrant, got very high bond, called a detective and had him rearrested, often at the local bar, often in front of his friends.

At the bond hearing, I made it a practice to ask the judge to order the defendant to have no contact with the victim as a condition of release. One time I had a player on the high school football team rearrested at football practice and charged with a burglary, domestic violence, and violation of a restraining order, in front of his teammates and in front of the cheerleaders, after he had violated a restraining order and beaten up his girlfriend at her home.

Once a defendant was sitting in jail facing a prison sentence, he became highly motivated to pay attention to whether charges would be dropped or not. Often, these defendants would call the victim from jail and order her to drop the charges. In these cases, in my interview with the victim, I would ask about whether the defendant had contacted her and whether he had asked her to drop the charges. Because this was a violation of the conditions of bond, if he was out of jail awaiting trial, I would have him rearrested for violating the terms of his release. On occasion, I also added a new charge of tampering with a witness.

I was learning from other people in the system of the problems they faced, and worked closely with them to find solutions. Together, we changed how domestic violence was treated, by the system. We supported one another, and learned from one another. After all, we were the system.

Which brings me to why DVSAC is so important. I cannot begin to tell you how crucial and valuable it is to be able to collaborate so easily with law enforcement, victim services programs, prosecutors, and others to develop and implement policy affecting victims of domestic violence and sexual violence. Without DVSAC, we would all be working in a vacuum -- we would not be able to change what needs to be changed. With the collaborative power available through DVSAC, we can turn to one another to share expertise and experience. We can ask questions of one another and enhance one another's work.

When I was prosecuting these cases, if I had not had the benefit of Trula Motta's experience and guidance, I would not have been able to help victims who so desperately needed help. If I had not had the benefit of learning from experienced police officers and detectives what they knew about domestic violence, I would not have been able to make the right decisions in these cases. If I had not had the benefit of learning from experienced judges what they knew about domestic violence, I would not have been able to effectively communicate with them what they needed to know about my case in order to appropriately set bond and appropriately sentence those charged with domestic violence.

Years later, in 1994, I was selected by the Director of the Office on Violence against Women at the Justice Department to serve as Special Counsel to her Office. In that capacity, I was responsible for offering guidance about implementation of the Violence against Women Act, which had just been passed. I met with other components of the Justice Department, the Social Security Administration, and other federal agencies to discuss enhancing services to victims of domestic violence and sexual violence. I met with victims’ rights groups, prosecutors, judges, clergy, and countless others across the country to discuss how the Justice Department could best serve these victims.

I answered countless calls from victims from all over the country seeking the help of the Justice Department when all local resources had failed them. I learned a great deal, but most of all, I learned that collaboration and communication are essential. I've learned that when one admits that there are others whose expertise and experience are valuable, one does a much better job of serving those we seek to serve.

DVSAC offers us all that opportunity to share expertise and experience, across disciplines, and I have seen how valuable participation in DVSAC can be. For example, through DVSAC we have been able to generate discussion about enhancing services to victims with disabilities, and we have learned of the challenges facing others seeking to serve victims of violence.

Some of you may be aware that in addition to serving as Director of Advocacy at the Center for Independent Living of South Florida, I also serve as founder and Executive Director of CAVNET (Communities against Violence Network – (www.cavnet.org), a nonprofit that serves to share information and resources about violence against women with over 750 participants internationally, through a listserv and an online database.

CAVNET utilizes the Internet to bring together experts, researchers, and advocates from domestic violence coalitions and shelters, rape treatment coalitions and programs, universities, members of law enforcement, judges, clergy, stalking experts, human rights experts, elder abuse experts, child abuse experts, and many others from all over the world.

In my view, collaboration works. In fact, collaboration is the only thing that works.

DVSAC is a shining example of a collaborative effort, doing very challenging work that enhances all of us. I cannot urge you strongly enough to participate -- to come to meetings -- to share your insights -- to challenge one another. Without DVSAC, and without your participation, the community would lose an incredible resource, a resource that has taken the combined efforts of a diverse community -- efforts that in my opinion that have paid great dividends -- and that has enhanced my work and the work of every other member of DVSAC. I commend you all for your commitment to this work and for your commitment to collaboratively sharing your experience and expertise with one another on behalf of the community.

Thank you.



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DOJ: Increasing Sexual Assault Prosecution Rates

Increasing Sexual Assault Prosecution Rates
NCJ 228384, November 2009, NIJ Journal, by Philip Bulman
HTML   http://www.ojp.usdoj.gov/nij/journals/264/SANE.htm

DOJ: Civil Protection Orders: Victims' Views on Effectiveness

http://www.ojp.usdoj.gov/nij/pubs-sum/000191.htm

DOJ - First Response to Victims of Crime

http://www.ojp.usdoj.gov/ovc/publications/infores/firstrep/welcome.html

Florida DCF Settlement with U.S. Department of Health & Human Services

http://www.hhs.gov/ocr/civilrights/activities/examples/Disability/fldcdagreesummary.html

(See also: http://www.hhs.gov/ocr/civilrights/activities/examples/National%20Origin/floridadcfvca.html)

 Settlement Agreement is at http://www.hhs.gov/ocr/civilrights/activities/examples/Disability/fdcfra.pdf

Florida Settlement Agreement - Summary

On January 26, 2010, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) entered into a Settlement Agreement with Florida to provide qualified sign language interpreters and other auxiliary aids and services to deaf and hard-of-hearing persons using its programs and services across the State.  Florida’s Department of Children and Families (DCF) employs approximately 14,000 persons statewide to deliver a variety of health and human services programs, including adoption, child and adult protective services, and Temporary Assistance for Needy Families (TANF), as well as mental health and substance abuse treatment facilities and services.  These programs and services are available to an estimated total state population of 3 million deaf or hard-of-hearing residents. 

Key provisions of the agreement require Florida to:

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  Hire an independent consultant to oversee implementation of the settlement’s terms.



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  Convene an “advisory committee” in partnership with the Florida Coordinating Council for the Deaf and Hard of Hearing comprised of professionals from nonprofit and government sectors that work on behalf of the deaf and hard-of-hearing community.



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  Develop an action plan to ensure compliance with the agreement, in consultation with the independent consultant and advisory committee.



• 
  

  Undertake a comprehensive self-assessment, requiring surveys of staff and of disability advocacy organizations regarding gaps in service experienced by deaf and hard-of-hearing individuals attempting to use DCF programs. 



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  Identify “aid-essential” programs and services, in which the importance, length, and complexity of information being conveyed is such that the exchange of information between parties will always require auxiliary aids and services for persons with disabilities, including sign language interpreters for deaf persons.



• 
  

  Establish an interpreter quality assessment and certification program.  Florida will contract with an independent agency to evaluate the sign language and oral interpreting skill of relevant DCF personnel to determine which personnel are qualified to interpret for DCF, and ensure that contract interpreters are certified. 



• 
  

  Designate “ADA coordinators” and “single points of contact” in the more than 100 direct service facilities operated by DCF, and across the 800 entities that contract with DCF to provide service.  These ADA coordinators and points-of-contact will be required to complete significant training under the agreement. 



• 
  

  Track and record provision (or non-provision) of services to all deaf and hard-of-hearing persons who interact with DCF.   Forms soliciting feedback will be provided to such persons, and these will be collected and evaluated in compliance reports submitted to OCR.

The ADA and Domestic Violence Shelters

Paper on the application of the ADA to domestic violence shelters.


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Kristi House -- Commercial Sexual Exploitation (CSE) Project

Commercial Sexual Exploitation (CSE) Project

Twelve is far below the age of sexual consent, yet it is the average age of entry into prostitution and pornography in the United States. In Miami-Dade County, no organization has focused on the problem, but we do know there are thousands of young people being exploited in the local sex industry.

Kristi House is taking the lead in addressing the commercial sexual exploitation of children (CSEC) in Miami-Dade County by creating a program that aims to:

* Empower and raise awareness among at-risk girls,
* Identify and assist those who are in need of case coordination and mental health services; and
* Strengthen the local capacity to address the issue of CSEC.

Continued on site.


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U.S. DOJ -- First Estimates of Crime Against People with Disabilities

The U.S. Department of Justice, Bureau of Justice Statistics (BJS) has issued the first estimates of crime against people with disabilities.

Using 2007 National Crime Victimization Survey data, BJS estimates that about one third (34%) of the crimes against persons with or without a disability in 2007 were serious violent crimes (rape/sexual assault, robbery, or aggravated assault). Persons with disabilities were victims of about 47,000 rapes, 79,000 robberies, 114,000 aggravated assaults, and 476,000 simple assaults.

Other findings include:

The rate of nonfatal violent crimes against people with disabilities was 1.5 times higher than the rate for people without disabilities.

Rates of rape and sexual assault were more than twice those for people without disabilities.

Youth with a disability ages 12 to 19 experienced violence at nearly twice the rate as those without a disability.

People with cognitive disabilities had a higher risk of violent victimization than persons with any other type of disability.

People with multiple disabilities accounted for about 56% of all violent crime victimizations against those with any disability.

Nearly 1 in 5 violent crime victims with a disability believed that they became a victim because of their disability.

Similar percentages of victims of violent crime with disabilities (58%) and without disabilities (60%) resisted their attackers.

Police did not respond to about 23% of reported violent crimes against people with disabilities, compared to about 10% of reported violent crimes against victims without disabilities.

The Crime Victims with Disabilities Awareness Act (Public Law 105-301), 1998, required the National Crime Victimization Survey (NCVS) to measure the victimization of people with disabilities.

For more information, read the Department of Justice press release: First National Study on Crime Against People with Disabilities

Read the text-only version of the report: Crime Against People with Disabilities

Read the PDF version of the report: Crime Against People with Disabilities (PDF file)


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Power and Control Wheel - deaf survivors

Power and Control Wheel -- Deaf Survivors

"Domestic violence manifests itself differently in each culture based on the language and values of their people. The Deaf community is unique because it has language and cultural norms that cross geographic borders. Aspects of domestic violence in the Deaf community are often overlooked by hearing professionals (DV advocates, law enforcement, medical professionals, etc.). DeafHope advocates have compiled information from 5 years worth of interviews from Deaf survivors of domestic violence into the Deaf Power and Control Wheel...."



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CVAP Provider List

Coordinated Victims Assistance Program (CVAP) - Community Services Referral Directory for Domestic Violence and Sexual Violence Victims

CVAP Provider List

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Crime Statistics -- 2008 - Miami Dade County -- Sexual Assault & Domestic Violence

Crime Statistics

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Domestic Violence Protocol/Policy for Law Enforcement

Domestic Violence Policy for Law Enforcement (in PDF)

Adopted August 17, 2009
POLICY STATEMENT
The purposes of this policy are multifold. The primary goal is to reduce the incidences of domestic violence and their severity. The protection of all victims of domestic violence, including children exposed to domestic violence, and provision for their support through a combination of law enforcement and community services while at the same time promoting officer safety by ensuring that officers are fully prepared to effectively deal with domestic violence calls is a further objective. Lastly but not least in importance, is the aim that all victims of domestic violence be treated with respect and dignity and that they be given all available assistance by law enforcement personnel.... (Domestic Violence Policy for Law Enforcement">continued).

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Join CAVNET, for free

Please consider joining CAVNET (www.cavnet.org) and share your expertise with others across the country addressing violence against women.

"Your list is by far the best list on sexual violence anywhere."...Charlene Smith, Johannesburg, South Africa

Founded by the former Special Counsel to the Office on Violence Against Women at the Justice Department,CAVNET has become the go-to resource for those seeking to collaborate with others to address violence against women and crime victims with disabilities.

Joining CAVNET is easy, and fast, if you qualify. Our members are experts in violence against women, child abuse, human rights, violence against people with disabilities, and many other areas set forth in our issues directory.

Members include experts, researchers,and practitioners from all over the world, collaborating across a wide range of disciplines. Members include researchers, shelter staff, rape crisis workers, prosecutors, coalitions, national organizations, child abuse experts, elder abuse experts, experts in violence against women, experts in violence against people with disabilities, clergy, members of law enforcement, and many others.

Bonnie Campbell, former Director of the Office On Violence Against Women at the Justice Department:

"CAVNET has shown itself to be the premier online database concerning violence against women.... Not only does CAVNET provide timely and substantive research online, it does so in a way that saves time and resources. The busier you are, the more valuable it is. Founded and operated by Marc Dubin, my former Special Counsel, CAVNET is like having a research team of experts, available night and day... As former Director of the Office on Violence Against Women at the Justice Department, I'm proud to be on CAVNET's Board of Directors, and grateful for the resource...."

In addition to participation in the international, invitation-only/application-only listserv, membership also gains you enhanced access to our comprehensive online database, built and used by experts. In addition, CAVNET also operates the only national listserv addressing interpersonal violence against indigenous women (CAVNET-IW), co-moderated by Native American lawyer Sarah Deer, an expert in violence against indigenous women.

To join, contact Marc Dubin at mdubin@pobox.com.


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Join the DVSAC Listserv

Join the DVSAC listserv and share information and resources with other DVSAC members easily and quickly. To join, send an email to Marc Dubin, at mdubin@pobox.com. Include your name, affiliation, phone number, fax number, and email address.

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DVSAC Member List

Click here for a list of members of DVSAC.




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Upcoming Events

Click here for upcoming DVSAC events.




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