MUAVI

Q1: What is “failure to protect” (FTP)? What is its origin and whom does it target?

A1: Records showing prosecution of adults who abused children go back to the 1800’s, but not until the 1974 Child Abuse Prevention and Treatment Act (CAPTA) did federal law stipulate abuse by “ommission” or alleged “failure to act” #FTP

A1: One of the effects of CAPTA was a sharp increase in child protection agency resources directed at child removal, compounding the already grossly disproportionate removal of Native children. #FTP

A1: FTP relies on the logic of moms as the “ultra-culpable parent”, responsible for any harm to her child by another, whatever her ability to overcome that harm, as if she were causally responsible for the actions of her abuser #FTP

A1: The ultra-culpable parent’s responsibility to *effectively* protect her child is not mitigated by abuse, overt threats or coercive control mom is suffering. Moms are expected to predict, overcome or control the actions of abusers. #FTP

A1: The violence that moms suffer is even used against them to argue that they should have left, regardless of financial circumstances, coercive control or the increased danger to moms & kids when they attempt to leave #FTP

A1: Here is a complete list of *FTP specific* statues via Buzzfeed researchers: https://s3.amazonaws.com/buzzfeed-media/Images/2014/09/buzzfeednews_failuretoprotectlaws.pdf … #FTP

A1: FTP overwhelmingly and disproportionately target mothers for prosecution. Women and GNC folks of color are already disproportionately targeted by criminalization systems, including family and juvenile courts. #FTP

A1: Often, mothers are charged more harshly than the abuser who hurt both her and her child, as in the case to Tondalao Hall, in which her abuser spent 2 years in prison and Tondalao has already served 15 of 30. #FTP #FreeTondalao

A1: Given the focus on moms as the ultra-culpable parent + white supremacist ideas that deny victimhood, it’s not suprising that in some cases, only mom is charged, as if her abuser’s actions are entirely her responsibility #FTP #FreeJoy

Q2: What is the relationship between child abuse and intimate-partner violence? #FTP

A:2 Mothers are three times more likely to experience domestic violence than women without children (Mirlees-Black 1999). #FTP

A2: Mothers are abused as mothers. Abusers use children and abuse of children to exert power and control over them. #FTP

Q3: In prosecuting survivors for acts of self-defense, and also for alleged inaction, how do courts further normalize gender violence and continue the victimization of survivors, adults & kids? #FTP

A3: When courts prosecute moms for violence they & their kids suffered, they’re asserting a version of the victim-blaming adage, “why didn’t you just stay away from (him)?”, as if abusers are entitled to their violence. #FTP

A3: Courts ignore the fact that moms may have nowhere safe to go, and that leaving, esp w/o a well supported safery plan, can be the most dangerous time for moms & kids, as abusers may escalate their violence very quickly to assert control. #FTP

A3: An abuser’s ability to control their victims can grow during legal proceedings, through threats of increased violence, threats that kids will be taken from mom, undermining survivors so they appear unreliable to the courts #FTP

A3: If courts or court services treat mom survivors as victims at all, it’s as victims of themselves, through an ableist lens, & demand the right to continue control through incarceration, EM or other forms of surveillance. #FTP

A3: Punitive punishment is a form of gender violence in that ciswomen are forced into hegemonic ideals of femininity & motherhood. #FTP

A3: We have to ask if trans and GNC folks are can access parental rights period, because they don't fit in an o/repressive heteropatriarchal system. #FTP

A3: Survivors are often denied an affirmative defense, and often are denied the right to present evidence of the abuse. Mitigation positions trauma & lack of agency as a survivor’s only chance for a better legal outcome #FTP

Q4: What are ways *systems* fail to protect/support/honor survival of primary caregivers and kids? #FTP

A4: The state fails to protect the right to safe housing, healthcare and punishes poor mothers, esp poor mothers of color by identifying poverty as neglect/abuse. #FTP

A4: The act of seeking assistance of any kind, including food or medical cards, can actually trigger a child abuse/neglect risk assessment via child protection agencies, discouraging mothers from seeking help at all #FTP

A4: DV advocacy is too often limited for survivors who have felony records, e.g shelters may deny access to survivors who have a survival related battery charge. #FTP

A4: FTP statutes rely on the unsubstantiated belief that all kids exposed to DV require state intervention, e.g. removal. Dear of CPS involvement may decrease disclosure of violence & reduce the number of survivors seeking assistance #FTP

A4: Founded on/regulated by the norms of white supremacist, ableist hetero-partriarchy, the state never intended to support or honor mothers of color, poor moms, trans and GNC parents, moms w/ disability. #FTP