Orange County Family Law Court Veteran / Service Member Domestic Violence Program Protocol

Transcription

1 Orange County Family Law Court Veteran / Service Member Domestic Violence Program Protocol In collaboration with the Orange County Health Care Agency (OCHCA) and Strong Families, Strong Children Program Rationale There is strong evidence that both male and female veterans have higher divorce rates than their civilian counterparts; some research indicates that combat veterans are as much as 62% more likely to divorce (in first marriages) than their civilian counterparts. This population is therefore increasingly involved in Family Court proceedings. The increased prevalence of traumatic brain injury (TBI), substance use disorders, and Post-Traumatic Stress Disorder (PTSD) among veterans raises the risk of domestic violence (DV) behaviors. Because appropriate treatments for PTSD and TBI are very different than those mandated for DV, it is important to identify reactive and violent behaviors among veterans with active PTSD and/or TBI symptoms. Existing responses to DV in our Family Courts must be adapted for the welfare of our military-connected families, children, and Veteran/Service Members with the intent of intervening therapeutically to avoid escalation to Criminal Court involvement. Recognizing this need, the Orange County Family Court, Orange County Health Care Agency (OCHCA), and Strong Families, Strong Children (SFSC) (a consortium of Orange County family-serving agencies) developed a collaborative program to provide tailored services to military-connected families including: 1) Court order in the form of an extended Temporary Restraining Order (TRO) for Moving Parties, 2) high quality appropriate services to both the Respondent and Moving Party, and 3) the opportunity to avoid the negative effects of a DV finding in legal records of the Veteran/Service Member. PROTOCOL 1. The Veteran/Service Member (SM) and their families are identified through self-report. Posters, Informational flyers, and the MIL 100 forms (Notification of Military Status, 1/1/2015) are available at the Court s Family Law Clerk s Office, Self-Help Center, Family Court Services, Domestic Violence Assistance Program (DVAP) office, and on the Court's public website. Both the Moving Party and Respondent will be encouraged to contact their respective Court Liaisons prior to the first hearing to be best prepared and supported in the process. A. Veteran/SM is identified through self-report and/or court process. This may be either through the MIL 100 Form which is available with the TRO filing packet when a Moving Party (may or may not be a Veteran/SM) files for a Temporary Restraining Order or verbally at a Court appearance. If the Veteran/SM is the Respondent in a TRO filing, the MIL 100 form plus an informational flyer about the Orange County Vet DV Program should be served along with the TRO. 1 (rev. 12/29/17)

2 2 (rev. 12/29/17) a. Once a Veteran/SM is identified, the DV Court Clerk s OCHCA s Court Liaison, SFSC Liaison, and the SFSC supervisor via and with assistance of DVAP, the following public record will be provided: i. Veteran or Service Member (Respondent or Moving Party) Full Name ii. Service member s Military Status (veteran, active duty, national guard (NG), reserve and branch(s) of service for each status; e.g.: could be both veteran and NG or Reserve in different branches) iii. Veteran/Service Member current address. iv. Veteran/Service Member contact phone number(s) v. Other party(ies) name and contact phone number (s) and address vi. Court Case # vii. Veteran/Service Member date of birth (DOB) viii. Court room number ix. First Court Hearing date b. The purpose of this notification is to ensure that both Court Liaison staff put the case on their calendars to be present in Court and to be aware of the case if/when the Moving Party or Respondent call them for assistance and guidance. COURT LIAISON STAFF MAY INITIATE CONTACT WITH THE RESPONDENT OR MOVING PARTY PRIOR TO THE FIRST COURT HEARING BASED ON INFORMATION RECEIVED FROM COURT CLERK. This is in order to get both parties as much information as possible about diversion programs and available auxiliary services prior to hearing. B. Veteran/SM Program eligibility is determined by the Domestic Violence Judicial Officer. This determination is made pursuant to a report provided from the Family Court Services review of the individual s prior history of domestic violence and/or child abuse/neglect. Such cases are ineligible for the diversion aspect of this program; however referrals will be made to the OCHCA Court Liaison for assistance with optional behavioral health services, and to the SFSC Court Liaison for optional domestic violence services. 2. At the first Court Appearance, both Court Liaisons are present (when available). A. The OCHCA Court Liaison is present in the first Court Hearing to provide information about the program using the informational flyer, as well as morale/behavioral health support of the Veteran/SM, if the Veteran/SM is the Respondent. If the Veteran/SM is the Moving Party, the OCHCA Court Liaison will also be present, but may defer to the SFSC Court Liaison to assume lead role on the case. B. The SFSC Court Liaison is present in Court to provide information about the program using the informational flyer to the Moving Party. If the Moving Party consents to services with the SFSC Court Liaison, the SFSC Court Liaison will provide one-on-one case management assistance and can link the moving party to behavioral health support and additional services through the SFSC collaborative, if desired.

3 C. When the Moving Party and Respondent are both present, then the possibility of an agreement to this Program commences. D. In the presence of both the Moving Party and the Respondent, the Bench Officer will call up the Court Liaisons and ensure that they have made contact with the Parties and refer to the program informational Flyer. E. If the Respondent and/or the Moving Party are NOT interested in participating in the program, the Bench Officer will proceed with the Hearing in the usual manner. a. The Court Liaisons from OCHCA and SFSC will offer referrals to the Respondent and the Moving Party in the initial Hearing; however, will not persist in outreach if or when services are rejected. F. If the Respondent and Moving Party BOTH express interest, the Bench Officer will refer the respective parties to the Court Liaisons who will confirm the following information referring to the informational flier: a. Scope of program and provide information flier b. Program description (12-month program; Temporary Restraining Order extended for 3 months at a time up to 12 months maximum; Behavior Health screening/assessment and referral to services; Moving Party agrees to no finding at this Hearing; the Veteran/SM agrees to participate in appropriate services for the requisite period; each party acknowledges they can opt out of program; both Moving Party and Respondent will have access to special services for military-connected families independent of each other. A wide array of services, including Court mandated services, are free for all parties involved, including children.) c. Confirm next court date d. Discuss role of Court Liaisons e. Assistance through OCHCA for respondent in accountability with court mandated programming (i.e., Batter's Intervention Program, Anger management, Substance Use treatment, PTSD counseling, Parenting Classes, other Mental Health Treatment or Medical Care Services, and referrals, etc.) f. OCHCA Court Liaison will schedule appointment for Veteran/SM s Behavioral Health Assessment/Screening g. Recommendations for ongoing care h. Letter of program participation for court (if requested by party only) i. A SFSC court liaison is available to Moving Party to provide direct services around court accompaniment and support, basic needs and linkages to benefits and services available to military family members, and referrals to domestic violence specific counseling, legal advocacy, psychoeducational classes, and support groups. Moving Party has the right to decline SFSC services but still participate in the diversion program, or decline participation in the diversion program and still receive SFSC services. 3 (rev. 12/29/17)

4 3. Ongoing Veteran/SM participation with OCHCA Court Liaison and with SFSC Liaison ensues, including: A. Respondent Program Requirements 4 (rev. 12/29/17) a. OCHCA Behavioral Health services b. Supportive counseling/peer Navigation including recommendations for ongoing care for Clinical Case Management c. Accountability support to complete court mandates d. Participation letter e. Veteran/SM Respondent Participant and OCHCA Court Liaison return to court for program participation review hearing every 90 days f. Respondent Participant will follow Court Liaison recommendations, which may include individual/group therapy B. Moving Party Program Requirements a. Veteran/SM Moving Party Participant and SFSC Court Liaison returns to court every 90 days for program participation review hearings, but is not required to return if they have no children b. Moving Party (whether or not Veteran/SM) and SFSC Court Liaison returns to court to discuss ongoing satisfaction with the program status, but is not required to return if they have no children c. With the participant s permission, the moving party will be given an opportunity to review the participation letter which may include the following: days of engagement, recommendation of clinical manager, and what programs participant is engaged in C. Optional Moving Party Services a. SFSC assessment/screening b. Peer Navigation/Legal Advocacy including recommendations for ongoing care and domestic violence services c. Clinical Case Management/Supportive Counseling D. If Participant lives or moves out of county, OCHCA/SFSC can no longer provide services. The Court Liaisons can assist with linking both parties to resources in Veteran/SM's county of residence to enable the Veteran/SM to maintain Court program participation for the expected 12 months with the involvement of new services in the new residence. 4. Program completion successfully occurs when Court requirements have been fulfilled and both parties are in attendance at the court hearing. At this time, participants will be discharged and the TRO expires and is not extended upon agreement of parties. A. Veteran/SM and Court Support Liaison discuss completion of services, or continuation, as needed by participant.

5 B. Moving Party and SFSC Court liaison discuss completion of services, or continuation, as needed by participant. 5. Program Termination occurs in the following situations: A. The Respondent fails to comply with the Court Liaison s recommended programming or otherwise does not follow Court mandated orders. In this case, a court hearing will be held in order to determine if DV occurred. B. The Moving Party requests to proceed with a hearing and discuss allegations of DV/Abuse rather than continuing to extend the initial TRO. In this case, a court hearing will be held in order to determine if DV occurred. C. The Moving Party fails to show for the initial court hearing or decides to drop the TRO, case is dismissed. CONTACT LIST: Sara Behmerwohld Leticia Ambriz Legal Advocacy Program Supervisor Supervisor Human Options/Strong Families Strong Children Domestic Violence Assistance Program, (949) , ext. 105 Community Service Program, Inc. sbehmerwohld@humanoptions.org (714) lambriz@cspinc.org Judy Rose, MSW, LCSW Jan Mueller Chief Program Officer Family Court Services Manager Human Options Orange County Superior Court (949) ext. 109 (657) jrose@humanoptions.org jmueller@occourts.org Teresa Renteria, LMFT Teri Thomas Service Chief II, Behavioral Health Services/Veterans Family Law Unit Manager OC Health Care Agency Orange County Superior Court (714) (657) TRenteria@ochca.com tthomas@occourts.org 5 (rev. 12/29/17)