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Cox Wants Law to Better Protect Kids

Posted on: Friday, 24 March 2006, 06:00 CST

By Jack Kresnak, Detroit Free Press

Mar. 24--Michigan Attorney General Mike Cox called Thursday for changes in the state's Child Protection Law that would make exposing children to domestic violence tantamount to mental or emotional child abuse.

Cox said he would work with legislators to change laws and policies in the wake of the Ricky Holland murder case. The 7-year-old boy who lived near Williamston was killed by his parents, police say. While there were no reports of domestic violence in the home until January when his parents were arrested, Cox said the case has provoked a new look at how the state can better protect children.

"The tragedy of Ricky's death will be compounded if we do not learn from the circumstances that led to his death and institute changes to help protect Michigan's most valuable resource -- our children," he said.

Cox also wants police officers responding to domestic violence situations where children are present to report that to Child Protective Services, a division of the state Department of Human Services, even if the children were not the direct victims of the violence. Child abuse investigators would be required to investigate such reports within 24 hours.

Liz Boyd, spokeswoman for Gov. Jennifer Granholm, said the administration would be happy to review the proposed legislation, but noted that Granholm, as Michigan's former attorney general, initiated a federal grant for a pilot project to pay for assistant attorneys general to handle domestic violence cases in nine northern Michigan counties.

"Recently, the Department of Human Services strengthened its policies to trigger a preliminary investigation on any protective services complaint where domestic violence is in the home, even when the children are not the alleged victims," Boyd said.

Kathy Hagenian, executive policy director for the Michigan Coalition Against Domestic and Sexual Violation, cautioned lawmakers about linking domestic violence to the Child Protection Law.

"The proposals are well-intentioned and they are a recognition that children are, indeed, affected by domestic violence," Hagenian said. "That being said, we are opposed to that type of response because we believe that will lead to damaging unintended consequences to child victims as well as adult victims of domestic violence."

Hagenian said that victims of domestic violence -- often mothers of young children -- are re-victimized when Child Protective Services becomes involved. She said domestic violence victims are often labeled unfit parents because they can't protect themselves or their children from a spouse or live-in partner.

Minnesota passed similar changes in child protection laws several years ago, she said, and then rescinded the laws because so many parents who were victims of domestic violence saw their children removed from their care.

Cox said national studies frequently find a link between domestic violence and child abuse and that a study by his office of 58 child fatalities in Wayne County over the past eight years found that 34 involved families with a history of domestic violence.

Of 1,760 new cases of child abuse or neglect opened in Wayne County between Jan. 1, 2005, and March 16, 469, or 27%, had a history of domestic violence, personal protection orders or anti-stalking orders, he said.

"If there are unintended consequences, which I can't see, there are ways to address those," Cox said.

Contact JACK KRESNAK at 313-223-4544 or jkresnak@freepress.com.

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Attorney General Mike Cox seeks changes that would make exposing kids to domestic violence tantamount to mental or emotional abuse.

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Copyright (c) 2006, Detroit Free Press

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Source: Detroit Free Press

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