News

 

Borders, McLaughlin and Associates are introducing a newly developed investigative process involving professional investigators and specially trained social workers to assess the risks in domestic violence, child abuse and sexual abuse, at a greater depth than what is currently being conducted by county services.  This process saves time, money, and the risk of future inappropriate behaviors.

 

The Family Violence Risk Assessment (FVRA) program is conducted by experienced investigators and social workers, most licensed as LCSW and MFT’s, all specifically trained in these fields. The program is conducted by a collaborative team under the supervision of John McLaughlin and Karen Borders. Combined, BMAA has over 50 years experienced in law enforcement and social work evaluations in family violence, and child custody issues. The team also includes social workers with Child Protective Services and other child welfare departments. Our experts have extensive experience testifying in criminal, civil, juvenile and family courts, as well as forensic interviewing. The BMAA team and the FVRA program qualify under the Domestic Relations Investigators Family Code 3110, Family Code 3110.5, and the Rules of Court 5.220 and 5.230. (Family Code 3110.5 does not apply to FVRA).
 
What is a Family Violence Risk Assessment?

It is a collaborative investigative process that investigates allegations of domestic violence, child abuse, and sexual abuse, and proves or disproves those allegations based on evidence bases practices.

• Relying on the “best interest” standard, FVRA provides an early assessment tool for evaluation
• The program quickly provides Judicial Officers with options in domestic violence and child abuse cases where additional evidence is needed by the courts to proceed
• Qualifies under Evidence Code 730 for court-appointed experts
• Provides monthly statistics to Supervising Judge regarding number of cases, turnaround times, costs involved, outcomes and other information deemed important
• What does the FVRA include?
• In depth interviews of all parties involved, including forensic interviews of any children, potential witnesses and other relevant parties
• Analysis of patterns of behaviors in comparison to those present in high risk environments
• Analysis of potential for future violence
• All findings supported by the most recent research and statistics
• Complete detailed reports are developed including histories, prior allegations, investigative background checks, other relevant information, summary and findings, with recommendations to any safety measures needed

Is the FVRA the same as a child custody evaluation?

No. A Family Violence Risk Assessment is not a Child Custody Evaluation. This is an investigative/assessment process rather than an evaluation. FMRA determines if there is a risk for future abuse or violence based on statistics and probability. It does not provide recommendations to a specific custody plan, but can be used in lieu of or as a compliment to a Child Custody Evaluation. Once there is a determination of risk, the Judicial Officer can then apply child custody plans based on established child custody guidelines.

 

• Answers the questions as to who presents a risk to whom
• Provides Judicial Officers with adequate and timely evidence and information in 6-8 weeks, instead of the current average of 4-6 months
• Evidence based practices
• Eliminates the need for multiple child custody evaluations and 733 reviews
• Cost savings to court, attorneys and clients
• Domestic violence cases include MOSAIC threat assessment
• Provides a final resolution, eliminating the need for expensive annual evaluations

How the FVRA Pilot Program works

The program is currently available to all family law cases in Orange County at a significant sliding scale fee. It requires all parties involved to participate via court orders and stipulations, and compliance with all directives. The program will run for 90 days, and final reports will be delivered to court no later than 8 weeks after BMAA is retained.
 
Please contact BMAA at 949-727-4444, or email jmclaughlin@bmaa.com or kborders@bmaa.com for additional information.
 

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[1] MOSAIC Systems is a threat assessment program where patterns of behaviors are compared to other cases where the outcome is known. It provides a statistical comparison which provides information on whether other cases have escalated, de-escalated or stayed the same. Department of Justice Study found MOSAIC highly accurate.