As October 2024 draws to a close, the Children’s Commission is sharing best practices, education, and resources to spotlight the impact of domestic violence (also referred to as family violence in Tex. Fam. Code § 71.004). Exposure to domestic violence can have long-lasting negative effects on children's physical and emotional well-being. Witnessing family violence, in and of itself, is not child abuse under Texas law. However, co-occurrence of domestic violence and child neglect or abuse is common. Please see below for best practices, how to access the Children’s Commission archived webinar on domestic violence, and state and national resources.

Best Practices:

Judges and attorneys may consider the following to support the safety and stability of families experiencing domestic violence:

• Keep the children’s safety in mind: Services, planning, and hearings should be conducted with the safety and well-being of the children as a primary concern and in the context of domestic violence dynamics. 
• Keep the domestic violence survivor parent’s safety in mind: Judges might consider holding separate hearing times to discuss each parent’s individual portion of the case if there are concerns by the survivor parent about continued use of intimidation, threats, manipulation, or retaliation by the perpetrator. 
• Recognize the danger of separation: Separation from an abusive partner increases the risk of lethality when domestic violence is a dynamic in the relationship, as can pursuing legal options such as protective orders, divorce, custody, and mediation. This may impact the information that is shared with caseworkers or other individuals.
• Address placement issues: Considerations may include placing the children with relatives or fictive kin who the survivor parent identifies as safe and supportive for the shortest duration while the survivor parent plans for their next step and seeks safety. 
• Order services to address family dynamics and build on strengths: Services may include mental health support and substance use services as well as peer support and counseling with a domestic violence shelter counselor. Service plans should be tailored to address safety concerns and should include input from the survivor parent. 
• Recognize the benefits of supervised visitation: Trained staff can identify when a perpetrator is using the children to control the survivor parent or to gain access to information, including new contact information. 
• Consider how to maintain safety in mediation: In cases involving domestic violence, consider a mediator who has undergone specialized training.

A recording of the October 8, 2024, live webinar entitled “Domestic Violence in Child Welfare Cases: Best Practices for Judges and Attorneys” and accompanying PowerPoint presentation, and accompanying materials are now available on the Children’s Commission’s On-Demand Training and MCLE webpage. 

Panelists Hon. Aurora Martinez Jones, Judge of the 126th District Court; Dr. Eloise Sepeda, Founder of Harmony One Restorative Justice; Lisa, Survivor Leader; and Maricarmen Garza, Attorney at the Tahirih Justice Center shared best practices for client and courtroom interactions when domestic violence is present in a child welfare case. Keeping safety and the best interest of the child at the forefront, the panel covered topics such as client communication as well as courtroom and mediation dynamics in child welfare cases.

The State Bar of Texas approved 1.0 hour of MCLE for the webinar, and the Texas Board of Legal Specialization approved 1.0 hour for certification in the specialty field of Child Welfare Law. Additionally, the webinar has been approved for 1.0 hours of Family Violence credit. Judges seeking Family Violence credit hours may contact CCTraining@txcourts.gov after viewing the session recording for reporting information.

State and National Resources: 

• Domestic Violence in the Children’s Commission Texas Child Welfare Law Bench Book
• Texas Council on Family Violence (TCFV) –Depth of Service Chart shows regional Family Violence Center offerings by county;  statewide service directory; and annual fatality report Honoring Texas Victims, with fact sheets in English, Spanish, and Vietnamese  
• Office of the Attorney General Child Support Division and TCFV: Get Child Support Safely resource
• Texas Health and Human Services - Family Violence Program Centers interactive map and Family Violence Program in English and in Spanish
• Child Welfare Information Gateway - resources for professionals working with families experiencing domestic violence and substance use 
• National Judicial Institute on Domestic Violence - Resources, including podcast series
• National Council on Juvenile and Family Court Judges Reasonable Efforts Checklist for Dependency Cases Involving Domestic Violence and Judicial Checklist for Children and Youth Exposed to Violence

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For a complete list of Resource Letters, please visit the Children's Commission webpage. Information provided by the Children’s Commission should not be read as a commentary by the Supreme Court of Texas or any other court. The Children’s Commission website is not equipped to facilitate dialogue or conversation about matters related to the information in this communique. For more information about the Children’s Commission, please visit our website.

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