Meghan E. Healy
DiRenzo & Bomier, LLC · Neenah
Schedule
8:30 am
Introduction to the SAFeR Framework and SAFeR 1: Screen for Domestic Violence
Kelsey Mullins
- Context: 2017 Domestic Abuse Guidebook for WI GALs
- Study, Addressing Domestic Abuse in Family Court Cases Involving Guardians ad Litem in Wisconsin
- SAFeR Framework and Wisconsin-based research
- Terminology: Domestic abuse vs. domestic violence; survivor vs. victim
- What is domestic violence?
o Behavioral definitions
o Legal definitions, looking at the family code, including interspousal batter and domestic abuse in the restraining order statutes - Barriers to disclosing domestic violence
- Risks of leaving, screening protocols, and a review of collateral sources
10:00 am
BREAK
10:15 am
SAFeR 2: Assess the Nature and Context of Domestic Violence
Gricel Santiago-Rivera
- Preconceived notions of what a “real” survivor looks like or how they act
- Myths surrounding domestic violence
- Cultural competence and beliefs, biases, and assumptions
- Understanding context is critical
o Minor/isolated incidents
o Resistive violence
o Coercive control - Children’s experience of the abuse o Looking at experiences by developmental stage
- Parenting by victims
- Parenting by abusers
11:15 am
SAFeR 3: Focus on the Effects of Domestic Violence
Kari Niesen-LaScala
- The law starts with a presumption of joint legal custody…
- Rebuttable presumption against custody to abusive parent
- Presumption that domestic abuse = inability to cooperate
- Presumption against custody to abusive parent in cases of child abuse
- Best interest of the child factors
- Placement and safety as paramount concern
12:15 pm
LUNCH
1:15 pm
SAFeR 4: Recommendations that Account for Domestic Violence
Meghan E. Healy
- Priorities
- Integrating your analysis
- Statutory duties of GAL
o Investigate - o Report
- o Recommend
- How each category of your recommendation can incorporate safety provisions
o Custody
o Placement
o Child exchanges
o Communication - Wisconsin law provides safety provisions
o Exchanges
o Supervised placement
o Batterers treatment - Importance of specificity
- Presenting recommendations to the court
2:15 pm
BREAK
2:30 pm
Ethical Issues in Obtaining or Presenting the Best Interest of the Child
- Obligation and responsibility when the GAL does not believe parent(s)’ desires are in best interest of child
- Duty to control the process
- Confidentiality concerns when a victim does not wish information such as health or medical records to be revealed to court
- Does duty to protect best interest of child extend to duty to protect parent who is a victim?
- Addressing nonspecific orders such as “reasonable notice” when there is known domestic abuse
- competence: how beliefs, bias, and assumptions can negatively impact decision-making
3:30 pm