Lawyers Manual - Unified Court System

86 Jill M. Zuccardy
CPS caseworker take precipitous action, such as confronting the abuser, which will
increase danger. On the other hand, if the mother minimizes the violence, CPS may
conclude that the mother is unwilling or unable to take steps to protect the child.
A battered mother is best served by simply telling the truth. While she
should not mistake the CPS caseworker for a confidante and should not
volunteer extraneous information, she should be straightforward in response to
specific questions. She should avoid advocating for the abuser or providing
excuses for his behavior. She should not try to protect the abuser or align herself
with him based on the mistaken impression that this will cause CPS to close the
case. In most investigations involving allegations of domestic violence, the
interests of the mother and the alleged abuser are not aligned and presenting a
united front may result in removal of the child from both parents. Further, CPS
caseworkers have access to records of abuse in the home by police, the courts,
the hospital or other service providers. It does not serve the mother to backpeddle
from any prior reports.
The attorney’s focus should be on providing information necessary to
establish that the child is currently safe and that the battered mother has taken,
and will continue to take, steps to keep the child safe. Letters from service
providers or proof of involvement with social services are helpful. A battered
mother is not required to accept CPS mandates. 17 However, if the mother disagrees
with the safety measures suggested by CPS, she should be prepared to articulate
an alternate safety plan. If the CPS agency has a domestic violence specialist,
the attorney should reach out to the specialist — or ask the caseworker to — if
any problems arise.
The attorney and mother should identify CPS tools or resources that could help
the mother. CPS can bring the power of the government to bear against the abuser.
CPS has the authority to apply to the court to exclude the abuser from the home,
advocate with the police to have the abuser arrested or file a neglect case against the
abuser. CPS also serves as a resource for referrals to, for example, counseling, child
care, Head Start programs, housing and culturally and linguistically appropriate
services. It is imperative that dialogue with the victim be the center of any CPS
intervention to avoid the unintended consequence of increasing danger.
The most challenging scenario is one in which the mother wants to reconcile
or remain with the alleged abuser. Whether CPS seeks removal or files a neglect
petition will depend on factors such as the frequency and severity of the abuse,
the abuser’s relationship to the child and the abuser’s willingness to become
involved with services. While it is the attorney’s role to advocate the mother’s
position, a mother who wishes to reconcile or remain with an abuser must