#reformed criminal caretaker | Explore Tumblr Posts and Blogs

cinnamonest · 3 years

Text

Rewriting my Diluc housewife thoughts but I saved it in my notes this time, but I made it infinitely more sexist than it already was before bc 1) I was in the kink mood and 2) the spirits of writing gods possessed my body and told me that is the way all Diluc content should be, so, this is major 1950s-ish housewifey horrendously misogynistic shit, you've been warned. Like, even *I* looked back over this and was like "wow this is vile" which is kinda saying something for me so, putting the nastier parts under cut for the sake of my followers' eyes ----------- I was thinking about the post a while back about Diluc reforming a criminal darling - a thief around Mondstadt that's been on a crime spree and of course he catches wind of that and goes to defeat the perpetrator (surprisingly very easy? How is a thief this weak?) and haul the bastard off to jail except... What's this? Said criminal is actually just some girl and not a gross ugly bastard?? This changes things. Clearly, this was not an intentional act of malice or greed, but rather, he, master of criminal psychology™, rationalizes that the world is far too cruel for unwifed girls that have no one to depend on, a cold terrible place, so you must have been driven to these actions out of desperation. You had no provider, no caretaker, which are needs. How could you possibly be expected to provide a means of living for yourself?? This is just the consequences of the unfairness of the world. However, things all work out in the end. You need to be taken care of and restrained from these self-destructive choices by force (since you cannot recognize how bad it is, not that you're expected to, it's natural that you have poor perception, that's why you need a man to make choices for you), and he needs a wife. This solution benefits all parties.

He is, however, a rather dense man, and doesn't really think to like, tell you that. Or tell you anything. He's too lost in thought in his planning -- gonna get you new clothes to replace your ragged ones, gonna have to rearrange the guard schedule so they can watch the house better, all that -- and just kinda slings you up and over his shoulder without a word. Ignores you kicking and hitting because it doesn't really hurt or anything, you're too weak for that. Just says he’ll explain in detail later, but don’t worry, you’re not going to jail. He’s just taking you home. This is better, he says. Stop struggling so much, what, you want to go to jail? No? Then be still. And you don't recognize that it's good for you yet, but again, that's expected. In a better time or society, you would have been married off sooner, and prevented from ever falling victim to your own decision making to begin with, but the world isn't perfect and you can be forgiven for it. You're not responsible for your own actions since you can't comprehend them. It's frustrating and he sighs a bit over it, but that's just the way things are. You'll be happy in the long run, even if it takes a while, you're naturally programmed for a better lifestyle he has in mind. And, really, he's glad you weren't married off, because if you were then he never would have had you, so even though it was technically unideal, the stars align and the universe works out things perfectly. It's all the more of a sign that this was fate and you were made for him. The issue is that a hardened criminal darling is... Not the ideal candidate for a housewife. To some extent, he's right that the criminal underworld hardens a person, you can't survive in that realm if you're submissive or weak willed. And criminal darling certainly is not. Loud mouthed, opinionated, argumentative, bad attitude, defiant and aggressive and very much unafraid. A complete loose cannon. All very unfavorable traits. Worst of all, very much unaccepting of and ungrateful for the privilege of a second chance and being graciously granted the opportunity for a better life. Lots of bad behaviors.

The cursing is a problem. It's not very... Wife-like. Gives off a bad image, you know. Especially since said cursing is usually directed at him at a very loud volume with a snarl and getting all up in his face to tell him he's fucking insane and a bastard. To be honest, the worst part isn't the words themselves, it's the fact that you are so unafraid to be defiant and so fiery that is the primary issue. You disobey very deliberately. Little acts of pettiness. Being mean to the maids who are so graciously trying to teach you how to cook (at his direction), since you had no idea how to (and nearly burned his house down as a result). The first time you were mean and bitter and that's how you learned they report back to him about how you behaved. It did not go over well.

Intentionally burning food. Once you somehow found a bottle in a cabinet somewhere in the mansion and put rat poison in his food, made him sick. Muttering a sarcastic whoops and shoving a vase off to crash and shatter on the floor. Early on you refused to wear all the nice dresses you were generously given and even tried to go through his clothes to find something to wear, which was kinda cute since it was way too big, but still. You mutter and grumble under your breath every time you're given a command. The most important thing is sex, though. You know, your job. One of your only real responsibilities. He has a very stressful job. It's only reasonable that he can expect to come home to his sweet, loving little wife with open arms and equally open legs. You've probably fucked around a bit right? For money, for favors, for intel, you get the idea, lots of ties to criminal gangs to earn their trust. So, if you do it for something so insignificant, how much more does he deserve it for taking care of you fully? You should -- and you will, with time -- drop to your knees the second he walks through the door. But instead, sigh, you fight and whimper and cover your face in shame after you spasm and cum, and worst of all, you actively try not to cum. You shouldn't feel ashamed of that, it's good, he says. Sure, you may not be officially married (since the laws of Mondstadt unfortunately require that whole "consent" thing for both parties, ugh), but, he's basically your husband right? So, it's perfectly normal, you're supposed to cum for him. Maybe once you're all knocked up you'll be even hornier, and less shameful. He actually wasn't expecting you to be this bad. Incredibly stubborn and prideful. Literally the exact opposite traits of a good wife, you know, submissive and humble and obedient. He kinda thought that it was like... automatic. That once he just kinda shoved you in the right environment, it would be like flipping a switch right? Apparently not. But no matter. It can be changed, with effort and time. You're worth it. See, you're not supposed to backtalk him, you're supposed to smile and do what you're told without question. You're supposed to submit and obey, and instead you seem hellbent on pissing him off out of spite - and frankly, you're doing a good job of achieving that. Every time you defy him it sparks an irritation he can't describe, worse than he'd normally get from just being snarled at by anyone - no, something about being disrespected by someone he feels is beneath him makes him much, much angrier than it would be if it were, say, one of the business partners who get snappy and argumentative very frequently. He could break you and it would be easy, don't you know that? You stomp and you hit him and you yell, but clearly you process that you have to look up to look him in the eye, you have to realize how much smaller you are. You hit him even though you have to know by now he'll just grab your wrists, and like always you'll be unable to even hope of pulling out of his grip, the strength difference between you two is so great. There's no way you don't realize all that, yet you continue to behave the way you do. The inferiority is so blatantly obvious, but you act as if it's not. He spends a lot of time contemplating the source of this, the cause of your behavior, it occupies his thoughts. It's like... You resent him for something. Could it possibly be kidnapping you and keeping you as a glorified sex slave? No, no, that's not it. It's something else, yes. Are you just bitter about being inferior in, you know, every conceivable way? Is that it? The criminality for you was compensation to make you feel powerful, perhaps. You have a complex. You resent him not for anything he's done, but because you know he's stronger and smarter and generally superior to you. You don't want to accept it. You're prideful when you shouldn't be. You're supposed to be humble and content with your inferiority. Yeah, that's it. You just have a negative perception of the lifestyle you're supposed to have. Maybe some event in your life or someone else warped your view of things. You don't realize how happy you'd be if you just accepted it. Yes, if you submitted to it, if you swallowed your pride and actually accepted your place, you'd find you would be very happy, you just don't know that. Or maybe, your brain can't grasp something like that. After all, that's the reason you're supposed to be the submissive party of the two of you, you're not as bright or perceptive (says the densest man alive). You have to be... Led. Guided. So he says it. He is, again, a dense man. He does not really think about the fact that perhaps blatantly confronting you with the epiphany he thinks he's had and specifically using the words inferior and weak and small is probably not going to make you very happy. You get bitchy and bratty and try to hit him and he sighs because, see, this is exactly what he's talking about. You reacting the way you did only confirms you do have a complex, he says. So, how could he go about... reconditioning? He is not the most creative man, but thankfully it's a rather easy problem to solve. If you're reminded of a reality often enough, you have to accept it. For starters, using physical strength against you. Maybe that will metaphorically open your eyes. Holds you down in place when you're hitting him like you do, firmly bending you over a counter or whatever and just holding you in place. Come on, try to get up, try to push him off. You snarl and claw at the marble and push will all your strength, but he doesn't budge, not until you politely apologize and ask him to let you up. If you're being difficult and not going where he tells you to, well, he can just sling you up over his shoulder and carry you. If you're fighting being fucked he can just flip you over and press your face into the mattress and hold you still, and you can't help but take the brutal reality that you're basically a ragdoll to him, that is, physically overpowering you doesn't even require trying. It helps to knock you down a peg, remind you of your place and maybe get you to swallow that pride a bit. The orgasms and fucking have a similar effect -- every time you can't help but feel like he has a power over you. And really, he kinda does. Every time you lay there still panting and shivering in aftershock, the shame comes swarming in, all the obscene noises you made and the way you came undone under the person that treats you like property. Even if the rational part of you knows better, you can't help but feel like in a way it's like you let him win, allowed yourself to more or less prove him right. Maybe you'll learn better if you're in more humiliating positions. Stuck getting rammed from behind, hand forcing your face down and ass up. Actually correcting bad behaviors requires more direct approaches, so he takes the... Old fashioned route. After all, it's pretty much guaranteed to work. You don't listen to words, you don't listen to reason, but you'll certainly listen to handprints and belt welts on your ass. It's the first time you really, truly break, and that brings him a lot of satisfaction. The first time you really cry and whimper and beg and apologize so profusely it feels like you mean it for once. Granted, for a while you just persist in your bad behaviors and even try to run when you see him sigh and take the belt off, but you never get far. And, most notably, you actually fix your behaviors, with enough reminders. At one point, the next time you start being bad and get to bitching and snarling and putting up a fight, you catch the look on his face and, for once, you shut your mouth and look down and mumble an apology by default. See, you're learning. Speaking of, you still have that major issue with backtalking him. You're supposed to submit to him and acknowledge his authority over you. So he gets firm. Grabs you by the jaw and forces you to look him in the eye and reminds you that you will *not* get an attitude with him. You *will* show some respect. You say yes sir and no sir and do what you're told. And if you forget, he can give you a reminder, if you want that. But you shake your head with fear in your eyes, say you don't want that. It makes you mad. You want to lash back, but you swallow your pride and mutter a fine - before realizing the mistake, violating the rule you were just reminded of. You stammer out a yes sir but it's already too late. He has to control himself too, not let his anger get the better of him. He speaks in a way that isn't snarling and mean, but rather firm, cold, a flat tone that asserts dominance and demands respect. But... still wants you to like him. So he has to be nice, too. After all, you'll learn better if you're rewarded for being good, right? So you can get little rewards. Words of affirmation. A pat to the head. He'll buy you something you want, let you drink a bit (since, as a thief, of course, you had a problem with that before you came home, but that had to be corrected too, since drunkenness isn't very befitting). And sooner or later he does have a really good little wife. He's proud of you. You smile and obey commands without complaining. He can come home every day, and rather than hearing a long report from the staff about how much trouble you caused that day, instead you have food and smiles and sweet affection waiting on him, you hug him when he walks through the door. You're polite and sweet to the various business partners and guests that come through -- you don't speak to them without permission though, of course, and you look down at the ground so you don't make eye contact with another man. People say he's lucky and how they wish they had a wife that was so outwardly affectionate to them as you are to him, always clinging to him physically. And you don't complain or every object to anything, you just smile and say yes and do it. It makes him happy in a weird way he can't quite articulate. A warm swell of pride, a feeling of success. You have vague memories of a time when you were breaking into houses just to scrape by, not knowing when you'd eat next, not knowing where you'd sleep. It's kind of a fuzzy memory now. You don't have to worry about those things anymore, and you're a lot happier this way.

#this is vile im sorry #tw: ff #tw: misogyny #.dl #yan.txt #q

283 notes · View notes

demonslayedher · 3 years

Note

Currently having a crisis over how Keizo and Koyuki died bc the dojo next door tried to hide their killing intent by poisoning their water well, while Akaza died (or rather willed himself to die) when he fought two water breath users, one of which used Transparent World to hide his killing intent. Thoughts? (or any thoughts on akaza really)

I realize the crisis may be over by now for it has taken me so long to respond to this Ask. u_u;; While thinking about it in terms of battle mechanics I initially saw this in pretty basic terms—in the Taisho Secrets, we know that the heir to the neighboring dojo had a personal vendetta and hearing about Hakuji and Koyuki’s engagement set him off, and it seems it was a pretty purposeful wait for Hakuji to be absent so they’d have the chance to poison the well. Rather than hiding killing intent, which Hakuji would have only had a normal human martial artist’s aptitude for detecting, it was probably more a tactical matter of avoiding being seen. Hakuji was a protector, though, he might have been especially sensitive to threats to those he loves, and this may be why he gained such a keen ability for sensing these things once he becomes a demon. He was clearly taken by surprise by Tanjiro’s sudden ability not to emit a Battle Sense at all, which spelled a big part of his undoing.

But that’s not actually what killed him, and my thoughts have gone more into how Akaza willed himself to die. This is one of the very, very rare moments in his existence when he’s gotten to act on his own will and decisions. While he only underwent punishments when he was caught for robbery as opposed to being locked up in a prison, he was usually imprisoned in more metaphorical ways.

Being poor wasn’t a choice, but young Hakuji was willing to undergo anything as long as it was for his father. However, his father’s suicide was a denial of those choices. He stripped Hakuji of what meaning he thought his life was supposed to have, forcing him to live differently—as in, to not commit crimes for the sake of his dying father.

Though it no longer carried meaning, Hakuji continued living a criminal life, accepting that he was an “oni child” like he was always called, until Keizo overpowered him and made a decision for him, that Hakuji should be reformed. Furthermore, since Keizo was much stronger, Hakuji couldn’t argue with being put to work as Koyuki’s caretaker. Hakuji did settle happily into this life, he wasn’t exactly looking for freedom from it or anything like that, and his criminal markings were already going to limit a lot of his potential in life.

Being used to not having much say in the course his life takes, due to poverty or criminal history or simply being weaker than Keizo, following the course that others set for him doesn’t cause him much anguish because that is the norm. However, a stunning thing happens one day when Keizo gives him a choice. Would he like to marry Koyuki and inherit the dojo?

Hakuji never imagined he’d be faced with such a proposition. By the text he’s more stunned that they could be so welcoming to a criminal like him and that Koyuki would ever love someone like him, but by Koyuki’s reactions we see that she’s nervous that he’ll reject her, and she and Keizo are hugely relieved when he accepts. Hakuji has the choice fully within his power, to take that as his life’s course or reject it.

Unfortunately, sometimes choices continue to be taken away against your will. Hakuji goes into “mad dog” mode again after losing those he’s sworn to protect, and then even Muzan turns him into a demon, there was no proposition. Hakuji was in the process of telling him to get lost when Muzan stabbed him with his cells curiously wondered if Hakuji would have what it takes to survive it. There was no asking if he wanted to be a demon, and although Hakuji quickly gave up because he just didn’t care anymore, he had zero opportunity to say “no, I would rather remain a human and atone for failing to protect the people I love, and then staining their reputation by using my fists to kill people.”

Being a demon and training, for Akaza, is like when he’d go ballistic after losing his loved ones. It’s like a self-numbing behavior, and with only this desire to be strong to replace every painful memory, it’s no wonder he got obsessed. It’s not as if he could talk back to Muzan if he wanted, he continues following the course someone else set him on. Muzan lets him do as he pleases to some extent, but Akaza is still ultimately under Muzan’s thumb.

(We could dive into this lack of choice a little more by poking fun at Akaza for how everyone he proposes demonhood to says “no” while Kokushibo and Douma seem to have to trouble at convincing anyone. Haha, poor Akaza. But that’s perhaps pushing this a bit.)

Akaza does have willpower. It’s very strong, and he’s used it to hone himself this whole time, for lack of being able to do anything else with it, really. No goal to strive for, no one to use his strength to protect, being strong is only for the sake of training and getting stronger still. It’s telling that the effect of his willpower against himself is so strong that he can convince his flesh to repair itself even with his head gone, but he finally starts to crumble once he’s faced with how hollow that cycle is.

And what started it that crumbling process?

Giyuu’s declaration about protecting Tanjiro. There was a little earlier interruption from Keizo due to Tanjiro saying familiar things, but this is the point at which Akaza’s memories really start to climb their way back in, and the whole cascade starts flowing once Koyuki presses and presses him about W H Y he’s so insistent about being strong: it’s so that he can bring medicine home to his father, duh.

Even as he’s seeing all the flashbacks, he’s still trying to distance himself from them, call them stupid, he refuses to be weak, he’s even mostly built his head back until Tanjiro forces more memories of Keizo back at him, sending him back to a moment when he was given a chance to be reborn.

This is when Akaza finally realizes that the person he’s wanted to defeat all this time was himself, the guy who failed to live up to his father’s wishes, and who sullied Keizo’s teachings by using his “protecting fists” to murder people.

And this is the “aha” moment when Akaza chooses to free himself.

It’s not a matter of committing suicide out of shame, but of accepting his comeuppance. He accepts that he was defeated fairly the moment Tanjiro caught him off-guard earlier and sliced off his head, and he wants to face hell with some amount of bravery and pride.

Muzan does tempt him to stay and still prove how strong he can be, but in the end, Akaza takes his destiny into his own hands, and makes the choice to go with Koyuki.

#I suddenly had a vision of Akaza serving his time in hell and then being reincarnated as a male nurse #yes pls #Akaza #Kny fandom theories and meta #kimetsu no yaiba #demon slayer

122 notes · View notes

rapeculturerealities · 4 years

Link

Today, International Women’s Day, is an occasion to recognize advancements in gender equality and the achievements of women around the world in everything from media to science to criminal justice reform. But it’s also an occasion to acknowledge the work that needs to be done to truly establish gender equality in all aspects of life.

When it comes to incarceration and wrongful conviction, women face unique challenges both as directly impacted individuals and as the people who shoulder much of the financial and caretaking burden when loved ones are incarcerated.

Yet conversations about mass incarceration have often overlooked women, even though they are the fastest-growing group of incarcerated people, according to the Prison Policy Initiative.

Here are eight important facts about women and incarceration in the U.S. that you should know.

#wrongful conviction #incarceration #carcerality #prison #prison industrial complex

56 notes · View notes

saccharine-suffering · 4 years

Text

Whumpmas In July: Day One :)

❤️ Name: Elytra, Ella or Lya for short.

💛 Gender: I am a cis female with hyperfemininity issues because of a certain two-month long disassociative breakdown last summer-- but thats not important.

💙 Favorite season: Summer! I'm not really effected by cold due to the aforementioned disassociative breakdown, but I like heat :)

💛 Dream job: Criminal psychologist because I believe in understanding and reformation rather than mindless incarnation.

❤️ Average amount of sleep: 4 hours or 11 hours no inbetween.

💛 Fave Whump Tropes: If I had to choose, I'd go with begging, forced to choose, power dynamics, and hurting the caretaker.

💙 Blog established: Sometime around August 2019? I think?

❤️ Reason for URL: Femmi is a play on femme, because I'm a femme lesbian, and whumpi, because I wanted it to rhyme.

💙 Projects you’re working on: I'm still working on Blood Runs Pink,,,, but there's,,, a secret project,,, also,,,,

❤️ Favorite color: I like pink :)

💛 Anything else you’d like to add: I am so grateful for this community, because it is, full disclosure, part of the reason I was pulled out of the disassociative breakdown I mentioned. Like it very well could have saved my life.

@whumpmasinjuly 👉👈

#i should talk to someone #about the lifetime of trauma i fit into 15 years #but i don't want to be a burden #im not saying this is a cry for help #but it is #i should shut up #whumpmasinjuly #elytra.txt #elytra oversharing

3 notes · View notes

meanstreetspodcasts · 4 years

Text

Episode 392 – To Catch a Thief (Boston Blackie)

Chester Morris puts his criminal past to work for the forces of good as Boston Blackie - "enemy to those who make him an enemy, friend to those who have no friend." We'll hear the reformed safe cracker turned super sleuth in two old time radio mysteries: "Fifty Hunter Street" (originally aired on NBC on June 30, 1944) and "The Caretaker of the Devon Estate" (originally aired on NBC on July 28, 1944).

Check out this episode!

#old time radio #golden age of radio

1 note · View note

syrenslure · 4 years

Text

Eliade’s Fan Fiction Prompts cont. 2/2

Pain (with or without pleasure/endorphins)

Pampering (spoiling someone rotten with gifts or money; physical pampering such as massage and grooming; giving someone a novel or unexpected degree of emotional or sexual care; catering to someone's every whim, e.g., someone who is in the hospital; harems as settings for pampering)

Paraphilias not listed elsewhere

Patience (e.g., showing patience toward a character who is brain-damaged or who is struggling bitterly with being recently crippled; or to a character prone to irrational fear or outbursts; patience with children; see also Gentleness)

Penance or reform (bad boy turns good; evil seeks to change; performing acts of atonement or restitution; self-mortification; martyrdom; selflessness; apologies or apology sex)

Physical imperfections (scars or burns; acne pits; heaviness; outsized features such as ears or nose; jolie-laide/ugly-beautiful characters)

Physical responses (face or ears burning; little hairs lifting on the scalp or neck; gut tightening; pulse quickening or missing a beat; lashes fluttering or lids growing heavy; mouth coming open; dick or pussy throbbing)

Pillow biting

Playing hard to get

Ponies (human ponies)

Pornography (magazines and videos; character was previously a porn star or fluffer)

Possession (by alien entity, spirits, or another person)

Possessiveness or jealousy

Power issues (inequities in beauty, rank, or class; power games; BDSM; power reversals; sheikhs, sultans, princes, and other royal figures; teacher/student pairings; magical powers; abuse of power; blackmail; romantic slavery; liege/lord pairings; issues of respect; sexual scenarios such as a dominant character giving his partner to others to use, or a character kneeling beneath a desk and blowing someone who's on the phone)

Power issues, sociopolitical (colonialism; alien invasion or rule; institutionalized slavery; totalitarian states and rebellion; powerful secret societies, e.g., the Illuminati or Watcher-style organizations)

Powers of attraction (characters such as sirens and Veelas; vampiric thrall; pheromones; magnetic and charismatic characters in general)

Predator/prey pairings

Preferential treatment (e.g., making a point of showing respect towards someone when no one else does; showing a soft side only to them)

Pretending to be gay (cops or spies going undercover; a charade to deflect unwanted attention from a stranger; a ruse to avoid ritual marriage to aliens)

Primitivism (dropping technologically advanced characters into exotic/primitive settings; medieval societies either magical or non-magical; nomadic and desert cultures; warrior cultures; jungle tribes; the noble savage; Androcles/lion pairings; the social intimacies of tribes/camps; bacchanals; culture clash/shock; unusual practices/rituals, e.g., feats of skill and strength or marriage as treaty; schizo-tech cultures, as when a seemingly feudal pre-industrial society has high-tech elements; see also Roughnecks; Animal themes and fetishization; Animalistic behaviors or characteristics; Exoticism)

Prison scenarios (prison rape and/or protection; cruel guards; punishment; hard labor; deprivation; prisoners of war; camps and barracks; false imprisonment)

Prizes (characters who are eroticized as prizes or spoils of war)

Prostate pleasure

Prostitutes (call-girls and hookers; rent boys and hustlers; escorts; paying one's way through school with sideline hooking; juvenile past on the streets)

Protectiveness (physically or verbally defending someone; caretaking in general; big guy/little guy pairings; bodyguard scenarios; mysterious benefactors or protectors)

Public displays of affection, PDAs

Pushy bottom

Rape (single assailant; gang rape; partner rape)

Rape recovery

Religion (sin; faith and lack of faith; priests, monks, nuns, etc; shamans; biblical characters; angels and demons; gods and goddesses; saints; monastic or convent culture)

Rescue (danger and rescue in general, e.g., abductions)

Restraint (pinning someone down; pushing someone's arm up behind their back during sex; covering or clasping someone's hands to prevent movement)

Restraints (handcuffs, leather ties, chains, etc)

Restraints, full-body (stocks; suspension harnesses; fisting slings; rape racks)

Reversal of role or fortune (loss of love, power, rank, etc; hunter becomes prey, master becomes slave; a strong character is made weak; role-reversal games; Flowers for Algernon scenario)

Rimming or tongue-fucking

Rogues (outlaws, highwaymen, mercenaries, pirates, gangsters, hitmen, etc; black sheep and royal bastards; Han Solo characters; tricksters; see also Violent and dark natures and Rough behavior)

Romance (see Love and passion; Courting; Seduction)

Ropework (intricate/artistic erotic bondage)

Roughnecks (cowboys; Tarzan figures; relatedly rough characteristics and behavior, such as scruffiness, rudeness, crude language, uncouth habits, etc; see also Lady and the Tramp pairings; Primitivism; Rogues)

Rough sex (quick and dirty sex; hate or grudge sex; angry sex; fighting/wrestling; jackhammer fucking; sex with no or little lube)

Sadism or sadomasochism

Sandwich sexual position or chain fuck (threesome)

Scars or scarification

Scent as an erotic element

Schmoop

School themes and fetishization (boarding schools; dojos; scholarly gowns and uniforms; sailor fuku; prep school chic; teacher/student pairings; donnish or professorial characters; prefects/head boys; caning; schoolboy hijinks or sexual discovery; military academies; tutoring and teaching in general; see also Conditioning)

Secret admirers

Secret identity (superheroes, slayers, immortals, mutants, etc; disguised gender; spies)

Secrets, other (dark or criminal past; double lives; previous marriage and/or children; unspoken feelings)

Seduction (one-on-one; two-on-one; verbal or physical; intense erotic courtship or teasing; see also Courting)

Sensory overload or enhancement

Sex change (gender swap; forced feminization; see also Gender themes)

Sex in public or semi-public places

Sex in vehicles (cars, taxis, limos; planes or space shuttles; motorcycles; carnival rides)

Sex is interrupted

Sex on, against, or under furniture

Sex on horseback

Sex outdoors/outside (in a field; in a rainstorm; with snow falling; on the beach; in a graveyard; in an alley)

Sex slaves or mates (concubines, catamites, etc)

Sex standing up (including against a wall)

Sex with aliens (xenophilia)

Sex with clothes still on or partly on

Sexual appetite or excess (hypersexuality, i.e., high sex drive; sex addiction or compulsive behavior; short/no refractory period; multiple orgasms; multiple partners; indiscriminate sex or sluttishness)

Sexual discovery (of one's orientation; of new kinds of pleasure; of one's partner)

Sexual experience or expertise (high number of partners; wide variety of sexual experience; demonstrating experience by taking the lead in sex or teaching one's partner)

Sexual frustration (orgasm denial or being unable to come; blue balls; enforced abstinence; self-denial; inability of two people to touch)

Sexual hang-ups

Sexual movements (back arching; hips lifting; thrusting back; writhing, jerking, bucking; clenching; grinding or rocking; trembling or shivering; hooking legs around shoulders; pressing someone's legs back toward the bed; riding someone's fingers)

Sharing (sharing a beer bottle, joint, or bucket of popcorn; loaning someone clothes; a character letting someone stay in their home; sharing confidences; sharing a woman)

Shower sex

Shyness (embarrassment; blushing or stammering; body shyness or dysmorphic disorder; cultural modesty)

Silence (slave silence; silence as an erotic element in sex; trying to be silent during semi-public sex; going nonverbal or speechless with arousal; traumatic mutism; selective mutism; sign language; gestures used to convey feelings rather than words; see also Clams)

Simultaneous orgasm

Situational engineering (the conscious or unconscious manufacture of events that give an emotional or sexual pay-off which can't be otherwise achieved; in particular, perilous situations; for example, character A puts himself in danger in order to receive fussy attention from character B; pay-off can be simply seeing someone, or hurt/comfort touching, intimacy, adrenaline sex, etc)

Situational homosexuality

Sixty-nine (69)

Size queens

Slavery (see Master and slave)

Sleep and bedding themes (sharing a bed by necessity, such as in a hotel with only one room left; sharing a sleeping bag for warmth; sex while drowsy or sleeping; sex as a sleep aid; autonomic arousal from proximity; morning wake-up sex, falling asleep against someone's shoulder; watching someone sleep; dreams; nightmares; dream lovers, e.g., succubi; exotic or romantic beds, e.g., canopied; furs as bedding; silk sheets)

Slow and/or prolonged sex

Smarm (intense friendship with physical closeness but no actual sex)

Smiles or laughing

Snark

Society (social mores and morality; laws; institutional regulations such as Don't Ask Don't Tell; elaborate rituals or ceremonies; social events such as feasts and parties; decorum; formal or deferential modes of address; see also Witnesses)

Spanking (over the knee or lap, etc)

Special powers and skills (superhero powers; magical powers; telekinesis; shapeshifting; hyperdeveloped senses; combat expertise; sharpshooting; eidetic memory; computer hacking skills; thief skills; temporary gifts of power from drugs, alien devices, etc, repercussions of which could include delusions of godhood, dangerous physical or mental overload, and so on)

Spooning

Sports themes and fetishization (sports rivalries; uniforms and jock-straps; wrestling and sweaty exertion in general; locker-room or shower scenes; team gang-bangs; swimmer/surfer body types; pool and billiards games)

Straight or straight-acting partner(s)

Straight-guy sexual scenarios (comparing dick size; lending a helping hand; circle jerks; watching het porn together, with or without masturbation; practicing dancing, kissing, or romantic conversation in preparation for one character having a date with a woman)

Striking with implements (whips, belts, riding crops, canes, paddles, etc)

Striptease

Submission (obedience; submissive behaviors such as boot kissing, crawling, keeping one's eyes lowered, or kneeling for master; believing in cultural dictates of submissive behavior; abasement in general)

Surprises

Swallowing (come)

Swords and sword-play

Talking and communication issues (dirty talk or verbal seduction; sweet talking; reciting poetry; talking someone to orgasm; talking during sex; pillow talk; phone sex; speech becoming broken as one is aroused or upset; being inarticulate or articulate; aphasia; talking fast; miscommunication and misunderstandings in general; lack of a shared language; see also Silence; Clams; Voice fetishization)

Taste as an erotic element

Tattoos (decorative, symbolic, or slave; barcodes)

Teasing or tickling

Techno (technophilic themes; artificial humans; character is copied or downloaded into mechanical host body; other ghost in the machine scenarios; androids and cyborgs as sexual partners; wetwear enhancements; cyberpunk aesthetic; VR or Matrix scenarios; see also Otherness)

Telepathy (see also Bonds and mental abilities; Special powers and skills)

Temperamental personalities (driven or obsessed; hot-tempered or testy; moody; misanthropic or bitter; abrasive)

Tentacle sex

Threesomes (M/F/M, M/M/M, etc)

Top/bottom pairings (also seme/uke)

Topping

Topping from the bottom

Touching (stroking and caressing; cuddling or nuzzling; huddling for warmth; hugging; holding hands in public; touching as UST; brief brushes of contact either deliberate or accidental; PDAs; thighs brushing under a table; comic physical entanglements; someone gripping a wounded character's hand)

Toughness (machismo or hyper-masculinity; physical stamina; a hard surface covering an inner softie; resolve; survival skills; teeth-gritting acts such as pulling an arrow out of one's own thigh, etc; see also Rough behavior; Bad boys, etc)

Toys and devices (sex toys of all kinds; feathers, ice cubes, hot wax, etc)

Tragic flaws

Trapped or stranded together (on another world; on a desert island; in a cave-in; in a cabin during a snowstorm; in an elevator)

Triangles (love triangles)

Triangulation of desire (two men express their desire for each other through a female intermediary; sexual rivalry for a woman is actually homoerotic interest)

Trust and vows (promises are kept or broken; loyalty or betrayal; absolute trust or doubt; fidelity or infidelity; blindfolds or bondage as trust symbols; commitment or fear of commitment; acts of devotion; marriage vows; unconditional love; blood brothers and oaths; showing trust/faith in someone's abilities)

Underage partner or chan (adolescent)

Underdogs

Undressing (undressing in front of someone for the first time; one character undressing another; fumbling clumsily to get undressed; stripteases)

Urgency for sex (begging to suck cock; desperate to fuck; greedy bottom)

UST (unresolved sexual tension)

Vaginal/female genital fetishization (wet, tight; virginal; aching/stiff clit; wide lips; multi-orgasmic)

Vaginal penetration (e.g., deep dicking)

Vaginal penetration with foreign objects

Vampires

Violence (see Conflict; Death)

Violent feelings (hatred; murderous rage; need for revenge)

Violent and dark natures (sadists; assassins and murderers; sociopaths who make twisted, scary displays of affection, conflating love and violence; criminals and villains in general; characters who are ruthless, merciless, casually vengeful; soulless demons or vampires; monsters in general)

Virgins or inexperienced partners

Voice fetishization (cracking or broken; husky, low, throaty; purring; accents; whispering close to someone's ear)

Voyeurism and vision themes (character A secretly watches B and C have sex; character A is forced to watch B and C have sex; character A watches character B perform/masturbate; viewing one's beloved in general; taking pictures or video; eye contact, especially as flirting; establishing authority with a look; closing eyes as a trust gesture; character A feeling that character B truly sees him, when no one else does; the quality of light, e.g., characters lit by moonlight or candlelight, or gilded by the setting sun; being in the dark; temporary or permanent blindness; gazes as objectification)

Vulnerability

Warriors (see Heroes; Amazons and strong women; Toughness; Primitivism; Rogues; Military fetishization)

Washing (washing one's partner, body or hair; bubble baths; shower scenes; slave service in bath; cleaning/cleansing someone who's been raped, degraded, or who is injured)

Weapon fetishization (gun fu; trademark weaponry: Lara Croft's dual pistols, Duncan's katana; exotic weapons: war fans, whips; embedded: Wolverine's claws; magical/symbolic: Sting, Excalibur, Narsil; sentient or empathic; hiding a multitude of weapons on one's body; concealment in general: derringer in garter, boot knife; see other individual listings; Military fetishization)

Well-fucked (being fucked out; fuck-dazed; sated and sleepy; wrecked; softened and debauched)

Western scenarios and fetishization (cowboy gear; campfire and trail scenes; horses; gunslingers, lawmen, card sharps, etc; train robberies and bank hold-ups; posses; saloon brawls)

Wet dreams or erotic dreams

Wish-fulfillment

Wings (wingfic)

Witnesses (families, friends, or others watch the development of a relationship; play matchmaker or serve as confidants; think the characters are involved when they're really not; constitute the public eye; disapprove, gossip, give advice; are the audience for a coming out drama; are witnesses to such things as flirting, public arousal, public sex)

Woke up gay

Worry (one character worrying anxiously about another; going crazy with worry)

Writing (love letters or notes; secret admirers; e-mail and chat; wills; poetry; storytelling; tracing words or figures on skin, or writing, as with an inkbrush)

#writing challenges #kink list #cliche list #fanfic prompts #Cliche Kink & Tropes Masterlist #fanfic cliches #fanfic trope

18 notes · View notes

thehuggamugcafe · 6 years

Text

The Charlatan: First Day I

OOC: Good morning, my dear customers. I’ve been on quite the roll lately, haven’t I? I hope this trend continues.

This is something to tide you marvellous people over until I get around to posting something related to the Halloween requests.

Well, that’s enough rambling from yours truly. Let us start the game, shall we? ☕

Part 4 of Transfer Student is here. https://thehuggamugcafe.tumblr.com/post/179520794687/the-charlatan-transfer-student-iv

A sigh was breathed past the lips of Ms. Kawakami as she walked on the courtyard’s walkway, the soles of her white kitten shoes clicking as she stopped at a familiar voice addressing her. She glanced up at a tall man with unkempt brown hair, thick brows pinching the slant of his brown eyes as he frowned in clear disapproval. He sighed as he raised a thick, masculine hand, fingers tussling his hair.

Suguru Kamoshida, the PE teacher and volleyball coach. He was also an former Olympic medalist, and if his dedication (for lack of a better word) to the volleyball team was anything to go by, he certainly had talent in athletics.

“What a troublesome situation.”

The brunette Japanese Language teacher sighed as she rested a hand on her hip.

“I can’t believe they pushed someone with a record on me. A male teacher would be better suited for this...”

Although... She couldn’t help but silently admit that she wasn’t sure who she was complaining about the transfer student to: Kamoshida or herself.

She shook her head, dismissing the thought. It wasn’t something she should fret over for now. She had enough on her plate to deal with already...

“Why in the world was someone like that admitted here?”

Mr. Kamoshida made no attempts to hide his disapproval he felt at the situation; his face and his voice spoke volumes of his irritation.

“Who knows? It was the principal’s decision. I was told that it was for the school’s reputation.”

“I would’ve thought that my volleyball has contributed more than enough to cover that.”

“That’s certainly true.”

“Be careful, okay?”

Mr. Kamoshida flexed his lightly muscled arms as he talked.

“Then again, if anything were to happen, I’d kick out a student like that right away.”

Ms. Kawakami pursed her lips as she scratched her head, her slim, feminine digits toying with her brunette hair. As Shujin’s “golden star,” Mr. Kamoshida certainly did have a lot of strings to pull at Shujin Academy. It wouldn’t surprise her in the least if he was able to convince the faculty, the student body to give the cold shoulder to the transfer student, and all for having a criminal record.

Shujin Academy couldn’t afford to have any blotches stain its reputation for being a prestigious college-prep school, after all. Then again... It would only bolster the school’s notoriety if, say, a student with a criminal record was reformed.

As the situation was currently playing out, they would most likely outcast her without Mr. Kamoshida having to say anything at all... She couldn’t help but quietly pity the transfer student a bit, just a bit.

“I keep wishing that she’d just end up not coming to school. Still, that isn’t something I should be saying as a teacher...”

“Well, I should be returning to practice.”

Ms. Kawakami’s head bobbed up and down as she nodded.

“Oh, right. The tournament’s coming up soon, isn’t it?”

“Hehe,” Mr. Kamoshida paused to laugh, letting a hearty grin pull at his mouth, displaying pearly white teeth, “having such high expectations placed on you by others is quite a problem in itself.”

Yet you clearly love the attention it brings you.

Ms. Kawakami didn’t dare to voice the thought that just crossed her mind.

There were rumours, of course, unsubstantiated for the most part, but rumour was that Mr. Kamoshida “had a talk” with the necessary people in Shujin Academy to have the previous volleyball coach fired.

She wouldn’t put it past him to have her sacked, simply for speaking up against him or disagreeing with him in any way, shape, or form.

“We’ll have to work hard to make up for the track team too.”

“Yes... that’s true.”

She watched Mr. Kamoshida walk away, and it wasn’t until that she was sure that he was out of earshot that she muttered to herself.

“Why’d it have to be my class...?”

The atmosphere in Sojiro’s car was tense, and although you didn’t show it, you worried that saying the wrong thing might upset your caretaker somehow.

Keep your hands folded in your lap.

Don’t speak unless you’re spoken to.

Don’t speak unless your opinion is asked for.

Don’t say anything unnecessary.

The barista in question grunted in annoyance, tapping his fingers on the steering wheel as he stared---no, glared---out through the windshield. Taillights blinked red, horns honked, and several unkind words were given and exchanged.

It looked like you and Sojiro would be returning home late today...

“Traffic’s not moving at all. You’re taking the train starting tomorrow.”

You nodded silently, not daring to open your mouth.

He paused, and the stress that wrinkled his forehead softened slightly. It was barely noticeable, but for once since you met him, he spoke to you in a somewhat mild manner. You saw that he was doing his best to show that he was annoyed with the traffic jam, and not you; your first impression of him improved slightly because of it, but only slightly.

“So, how was it? The school, I mean. Think you can manage?”

You voiced a soft “mm,” nodding once. “It seems fun.”

However, he breathed a sigh at your response. He didn’t look totally convinced.

“Do you even understand your situation...?”

You blinked as your (f/c)-framed glasses glinted. Your eyes showed confusion behind the spectacles that you wore, and a shimmer of annoyance.

What’s he getting at here? I understand the situation I’m in perfectly well.

“Still, you were expelled once already. To think you’d re-enroll at a different one. It’s not like anyone will be sympathetic with you.”

The passenger seat shifted as you tried to make yourself comfortable. You breathed a silent sigh as you stared out at the busy street, pursing your lips as your caretaker continued talking.

“...If that’s what it was like at school, people might say stuff about me in the future too... What a troublesome kid I’ve taken in.”

You felt a hand curling to a fist that shook in your lap. You clenched it tighter, forcing the barely-there trembling of irritation to stop.

“...Why did you take me in?” you asked, glancing at Sojiro.

“I was asked to do it, and I... just happened to agree to it. I’ve already been paid for it too, after all.”

You said nothing, redirecting your attention back out the windshield, blankly staring at the traffic jam, at the flashing taillights.

It was probably her idea. She convinced Dad to pay Mr. Sojiro to take care of me for my probation period.

Your mind conjured the enraged visage your mother had on that evening. If you focused hard enough, you still felt a phantom pain that was surprisingly familiar, but negative. The phantom pain of being struck across the face.

The low, droning voice of a newscaster on the radio caught your attention.

“Again, a subway has derailed at Shibuya Station, greatly affecting the timetable all across the---”

Sojiro voiced a low, growling sigh of clear-cut vexation.

“Another accident...? So that’s why it’s so crowded. There’s been a lot of those lately.”

Screams filled the air, hair-raising shouts of fear and panic as citizens rushed for safety, running away from the subway platform. The loud screeching of metal was heard as the subway rolled on its side, the high speed resulting in the train colliding one compartment of the train to another. Finally, a cloud of dust hung in the underground subway tunnel, the live footage cutting to a brunette news anchor.

“That was direct footage from the accident. According to the police, the engineer’s life was not in danger despite his injuries. After questioning, even he could not explain his high speed, and no further comments have been made. Police are looking for a plausible motive. In other news....”

The female reporter’s voice droned through the TV’s speakers, and the staring contest was broken by the gruff voice of an elderly-looking man.

“It’s less of an operating accident and more of a crime of the company and the government. Site inspectors reported all of this 6 months ago. The deterioration of the tracks and ATC. Seems the railway company and the Ministry of Transport both turned a blind eye to the truth. There’s no way they can hide; this will go all the way to the top.”

“Now onto our main story. With this derailment accident, as well as other recent incidents of unknown motive, concern is spreading among the general public. Just what could be causing such a drastic change so suddenly in these people?”

“Everything’s linked. That’s what you’re thinking, correct?”

The tall, long-haired woman standing adjacent to him said nothing. Her brown, mauve red-tinted eyes stared at the TV screen, lost in thought.

“Ah well. You free? You and I haven’t gone for a drink in a while.”

A smile curled the woman’s lips as she glanced at him.

“Thank you, sir, but I have another meeting to attend. I must be going.”

She paused to bow respectfully before her boss, her dark gray heels softly hitting the carpet-covered floor of the SIU Director’s office. Soon, she was descending a winding marble staircase, her gaze falling on a young man who was dressed rather well, dressed to impress himself upon others.

A smile curled the brunet, auburn-eyed 18-year-old’s lips.

“Did you ask for me? Is it a case?”

“Not quite. I want your opinion on something.”

“Sure. Your judgment is quite often correct. Shall we discuss this over sushi, perhaps? You are making a student work late, after all.”

“Conveyor belt only.”

The brunet’s face showed disappointment.

“Aw.”

The lock of the coffee shop was undone with a soft click, and the small golden bell jingled its melodic chime as the door was opened. Sojiro’s disgruntled mood was obvious the moment you crossed Leblanc’s threshold, glancing at the middle-aged barista as his face openly showed the annoyance he felt.

“Damn, to think there’d be that much traffic... What a waste of time. I wasn’t able to open the café today.”

He paused, his gray irises staring into your (f/c)-framed gaze, pursing his lips as he breathed an all too familiar sigh.

“...Whatever. Just head upstairs. There’s something I need to give to you.”

Deciding not to question it, you nodded and made your way for the attic stairs, and Sojiro followed.

He glanced at his cellphone as a news notification blinked on his screen.

“Talk about a gruesome accident... 80 people were involved.”

He slid the cellphone back into his pocket, withdrawing a thin book from the front pocket of his two-button white blazer.

“It’s a diary. Make sure you write in it.”

The black-covered diary hit the table with a noticeable flap noise, landing near your schoolbag.

“You may be under probation, but there’s no special limitations on what you do in particular. Besides following the law, that is. However,” he paused, his forehead wrinkling as his stern stare drilled holes into you, “I’m obligated to report on you, which is why I’m having you record your daily activities.”

Be-be-beep.

You watched as Sojiro took out his cellphone again. You noted how he took the time to glance at the caller ID, and how surprisingly relaxed he sounded. He didn’t sound anything like how he spoke to anybody else, but especially you.

“Hey, what’s up? ...I’m about to leave right now. ...Uh-huh. I’ll see you soon.”

The soft smile that curled his lips fell as soon as he hung up, glancing back at you.

“Well, I’m off for the night, so do whatever you want for the rest of the night. Oh, but don’t mess up my store. If something goes missing, I’ll hand you right over to the cops. You got school tomorrow... You’d better head off to bed, all right?”

“Yes, Mr. Sakura. Good night.”

You weren’t bothered by the fact that he didn’t so much as wish you a good night before he left, no. You watched as he descended the stairs, and it wasn’t until you heard the café door opening and shutting that you moved.

Your gaze eyeballed the diary, picking it up and staring at it.

I should do as I’m told for now.

You all but collapsed into bed, the old, lumpy mattress cradling every curve of your body as you stared up at the ceiling, hands cradling the back of your head in folded palms, in interlocked fingers.

Sojiro had called just as you were getting ready for bed, asking you to flip the sign over to closed, and to lock up for the night. You did as he requested of you.

You had only written a few sentences in your probation diary.

4/10

“Today wasn’t a bad day. All in all, my experience in Tokyo has been as I expected it to be so far: busy and bustling.”

“It’s my first day of school tomorrow. I hope everything goes well.”

Let’s see... I need to take the train to school tomorrow...

You dug out your cellphone from your pocket, eyeing the screen.

Yongen-Jaya... Aoyama-Itchome... Transfer...

More news about that subway accident... It sounds like a lot of people were hurt.

I bet this’ll affect the timetables for tomorrow too...

You breathed a hum of confusion, blinking owlishly as a familiar icon blinked on your phone’s screen. It was red and black, taking the form of an eye.

That strange app from last night is back... It keeps showing up.

“It’s so creepy,” you muttered, placing an index finger on the screen.

You dragged it down as a trash can icon popped up, and it was deleted. Again.

I should probably reboot my phone, just in case...

Exhaustion slowly took its hold on you, and you had enough energy to yawn as your eyes felt heavy. You succumbed to the welcoming abyss of unconsciousness.

The first thing you smelled when you woke up the next morning was the pleasant aroma of coffee and curry. Instinctively, your mouth watered as you got dressed for school. You tugged (f/c) leggings over your thighs, and shoved your sock-covered feet into the dress shoes, tapping the heels on the floor as you straightened the front of your blazer.

I have school starting today... I hope I can get there without getting lost. I don’t want to be late on my first day. I should head out now...

The soles of your shoes clicked as you approached the stairs, grabbing your schoolbag and slinging it over your shoulder as you descended the stairs.

“Oh, so you actually are going to school?”

The surprise that laced his voice, that was across his face was as plain as day.

The bag bumped against your back as you walked, and you greeted Sojiro with a soft, “Good morning” and a small smile as you walked past him.

You didn’t want to intrude on his business, and you didn’t want to be late for your first day, however...

His stern voice stopped you when you were halfway to the café door, and you felt a chill run up and down your spine.

“Hey.”

Crap. It’s this early, and I’m already in trouble? I didn’t touch anything last night!

“You leaving so soon, and on an empty stomach?”

What?

You turned around, confused, and stared at Sojiro as he stood behind the service counter.

“Sheesh... Do country folks go out the door in the morning, hungry? At least eat breakfast first.”

...Breakfast?

Your eyes fell on the steaming plate of curry that was placed in front of an empty stool, complimented by a piping hot cup of coffee. Your mind yelled at you to get to school, but your stomach whined, pleading you to eat the food Sojiro had waiting for you.

So, you swallowed and nodded, shrugging the schoolbag off of your shoulder. You set it on the empty stool on your right, picking up the spoon and slowly, carefully stirred it.

“...Curry and coffee? For breakfast?”

You blinked owlishly up at him, (e/c) irises peering through the (f/c)-framed glasses that sat on your nose.

“...What’s that look for? Make sure to eat it before the customers come in.”

“...Thank you for the food.”

That was all you said as you picked up a helping of curry, popping it past your lips. Immediately, your eyes widened in astonishment, chewing and swallowing what was in your mouth before another helping touched your tongue.

This is... This is delicious! I can taste complex flavours hidden in the bold spiciness... How does he not have more business with food this good?

It amazed you even further when you took a sip of coffee, your (e/c) irises shining with enjoyment.

I’m not one for coffee, but this cup is making me seriously reconsider!

When the last spoonful of curry was washed down with a few sips of coffee, you allowed a smile---a real smile, a genuine smile---to curl your lips as you stared at Sojiro.

“That was delicious. Thank you,” you said, nodding as you stooped down to collect your schoolbag.

“Thanks. Hurry over to school. You’ll end up late if you get lost on the way.”

You nodded, bidding him a quick farewell, and turned on your heels, approaching Leblanc’s entrance.

“Oh, flip the sign outside to ‘open’ for me.”

You turned and nodded. It was the least you could do after he went out of his way to make you breakfast, after all.

“Yes, Mr. Sakura.”

“Be sure to do that for me, all right? Now, you better hurry on out. You’ll be late if you get lost, country girl.”

Again, you nodded, turning around and gripping the latch, tugging on it and pulling the door open. The small golden bell jingled softly as you exited, shutting the door as you left.

You flipped the sign from ‘closed’ to ‘open’, glancing around your immediate surroundings as you took in a slow, steady breath, doing your best to shake off the first day jitters.

Stay calm. Stay calm. You got this, country girl or not.

You paused to glance up at the sky, brows furrowed as you took silent notice of the dark rain clouds that were slowly gathering.

“...Did the forecast call for rain this morning? ...Well, at any rate, I should get to school.”

#persona 5 #p5 #persona 5 au #akira kurusu #ren amamiya #reader #akiraxreader #renxreader #akiraxreaderxren #ryuji sakamoto #morgana #ann takamaki #yusuke kitagawa #makoto niijima #futaba sakura #haru okumura #goro akechi

9 notes · View notes

kim-poce · 1 year

Text

4. A Brand New Life: Chaos

Masterlist

CW: pet whump, deaf whumpee, fear of punishment, caretaker new master, reformed criminal caretaker, killing briefly being referred to as ‘put down’, it/its pronouns in a dehumanizing way.

=-=

Many many people had owned it, and it went back to the facility too many times to be able to remember all of them. No owner —in the memories it can recall— was as big as this one. This new one wasn’t only toweringly taller than it, he was also so strong, it was sure that he could kill it with a kick if he wanted. It tried not to think about it, this is the biggest but many others were cruel. Crueler it dared to hope. It needed to hope because it had to, somehow, anger this owner enough to be sent back but not enough to be put down.

Trying to plan something so delicate was hard for its dumb pet, and it was getting harder and harder as time passed, exhaustion came without a word of warning, like a sudden storm breaking everything in its way. And just like with a storm, it can't do much to fight the sleepiness. It wasn't that much of a stupid pet to stop trying to force itself awake, though. The comfortable dog bed was just like the clean water; a trap. And it knew so much better than falling into the first trap in a new home.

There was a time that the knowledge of the punishment to come was enough to keep it up. When it had enough control over its body to stay awake days and days in a row unless ordered otherwise. Back then wouldn't close its eyes to blink just to open them too many hours later with the big scary-looking new owner looking down at it. There was such a time. But that was too long ago.

It shivered. What else could it even do but shiver, look down and wait for the pain? It guessed it could, maybe, look up. It could show that it is sorry and it will do anything to make up for it. But the instinct to cower away far predated its need to look up to understand orders. And in the fear, all that's left is instinct and flashes of painful memories.

Its eyes closed shut when, through its eyelashes, it saw the new owner's hand raising. It was almost grateful, both for knowing what the first hit was going to be and for it to be a slap instead of a punch, a kick, or a baseball bat. It would all come later but at last not at the start. It would be fully grateful for that if the new owner wasn't so very big, and if it wasn't so small and skinny.

The pain didn't come, though. Just a touch. An odd touch. Dry, rough skin in a soft touch. The hand was slow, it slid down from its cheek to its chin. Causing the shiver to increase so very much. The hand, new owner's hand, the one who can hurt it as much as it wants, slowly —always slowly— lift its head.

It was still scared. In truth, scared isn't the right word. After all, even people can feel scared, and what it felt was so much deeper than that. Deeper enough, it was sure, to earn a whole new word. Dread was closer to the feeling, although it felt it wasn’t enough. But there will never be a word for it, it was a pet kind of feeling, and no one bother about what these lesser things feel.

It opened its eyes. The ‘dread’ was still there, but isn't it always? Eating it alive way faster than any torture could. But maybe its ever-presence made it not strong enough to freeze forever. Almost but not enough. Not anymore, anyway.

New owner mouthed something, it didn't try to read it, not truly read. It could be any word, that was way too many words to and it didn't want to pick the wrong one. So it stared, trying to match the word with one of the normal usual orders. It wasn't ‘kneel’ (although it should be kneeling, it hadn't even noticed it was still laying down), it wasn't ‘get up,’ ‘fetch,’ or ‘look down.’ It wasn't even a curse. Just when all the memorized words had failed to match the mouthed one it tried to read properly.

“...th… brea…the… breathe,” new owner mouthed slowly.

Breath? Oh. It wasn’t breathing, was it? Just then it realized that its lung was begging for air for quite a while now, it took a deep desperate breath and flinched, sure it had been loud, it tried to read its owner again. He was still mouthing the same word. So maybe it wasn’t loud after all. It felt weaker all of a sudden. Oh. It wasn’t breathing again.

“Breathe in… breath out. Good boy,” Owner said, it was an undeserved praise, it was anything but good. “breath in… breath out… breath in…”

It obeyed. At the very least, it knew how to breathe, it wasn’t that useless of a pet.

At some point, new owner was holding the (trap) water glass close to its lips, helping it drink water slowly, it noticed that he was doing everything very very slowly. Good. It’s so lucky that he has patience.

No! it thought-screamed to itself. It isn’t luck, you need to make him angry so you can go back to the shelter!

New owner mouthed something again, but it was too many words, and it couldn’t follow even simple orders, so it looked down, there was no reason to try if it’ll fail anyway, and maybe this way new owner labels it ‘too fucking useless’ and sent it back. It didn’t work, it only made the hand come back to its chin, gent- gently? Nothing is ever gentle, the hand slowly lifted its head back up.

“It’s okay,” new owner said, and if it was any less scared or any more defiant it would laugh right then.

‘It’s okay.’ That’s not even a real thing. Not that it mattered anyway, it was lightheaded, maybe it wasn’t breathing right again, or it was dreaming and this all was a nightmare, or it was dehydrated enough to hallucinate again. Maybe it wasn’t even alive anymore. It just knew it was scared, and it was so very tired. It wanted to go back, it wanted caretaker. It doesn’t like it here.

“Hey, hey,” new owner said after making sure it was looking up. “.... don’t cry… here… okay?”

It is not okay. It’s not okay. It is not-

The hand was wiping its tears away now. Oh! It thought. So it is a dream, there is no way an owner would do it.

It relaxed, as long as it is silent no one ever punished it for dreaming of comfort. It leaned on the hand like it had learned to so long ago, and it cried, it was fine because it wasn’t real. Owner won’t be angry about things he doesn’t know, about things that didn’t even actually happen. It knows it was not allowed to sleep yet, so it shouldn’t be dreaming at all. But wasn’t it trying to be bad anyway? It doesn’t know, its thought seems to be crashing against each other, waving at every change of its feeling. It doesn’t care anymore, at least it doesn’t care right this moment.

Dream Owner was still big, still scared, but he was also very careful, his touch was soft, so all it focused on was his soft and warm skin against its.

———

The pet’s reaction was chaos. First, fear of me, then despair for air, then fear of me again, and despair for water. He cried after this, I think it was for fear at first (unsurprisingly), but for relief right after. I just… don’t understand him at all.

I almost pulled my hand away when he leaned on it, it caught me completely off guard, he was suddenly comfortable, as if he seeing someone else instead of me. Not that I am complaining, rather than that I was glad that he could relax a bit, even if for a while. So I caressed him as gently as I could, I wasn’t used to being gentle but I know it’s never too late to learn.

The pet leaned on me and went back to sleep. Maybe he, just like myself, went to sleep too late the day before. I left his breakfast near the bed with another note. I forgot to ask if he could read back in the shelter, but it doesn’t hurt to try (even if the previous note didn’t work).

“Good night,” I said uselessly as I covered him with his blanket. “Sleep well.”

=-=

Taglist: @extemporary-whump, @cupcakes-and-pain, @d-cs, @hollowgast1, @inpainandsuffering, @pinkraindropsfell, @the-magpiesystem, @nicolepascaline, @dainluvr, @a-dead-tea, @fishtale88, @greenwhump, @pigeonwhumps, @wolfeyedwitch, @isntthisblank, @emcscared-whumps, @alienmashup, @neverthelass, @batfacedliar-yetagain, @sacredwrath, @blu-jay-2779, @rose-pinkie, @latenightcupsofcoffee, @espresso-depresso-system

#whump #pet whump #deaf whumpee #whump fic #caretaker new master #caretaker new whumper #fear of punishment #reformed criminal caretaker #institutionalized slavery #it as a pronoun #my writing #A Brand New Life

118 notes · View notes

zdbztumble · 6 years

Text

I finally got a chance to watch the first of the hour-long specials, courtesy of a stream by @pocketmonstersrimeiku the other day. (The stream also ran the Japanese version of the first movie, making that only the second of these films I’ve seen in its original language. It was a fun time, though it didn’t substantially alter my thoughts on that film.)

Compared to the other hour-long special this show has done, Mewtwo Returns is a freakin’ masterpiece. Compared to a good number of the movies, it’s a slam dunk. And even without any comparisons, it’s pretty damn good, and one of the highlights of the Johto years.

Unlike Mastermind of Mirage Pokemon and many of the films, Mewtwo Returns has a central theme, clearly defined and presented. Mewtwo’s existential dilemma about the place he and his fellow clones have in the world, being living beings but not born of nature, is a compelling idea. If anything, it’s stressed a little too much in the dialogue - not unlike the themes of the first movie. But if the special is heavy-handed at times, that isn’t enough of a problem to take away from the value of the concept in the first place. And Mewtwo’s evolution from vengeful creature to conflicted caretaker feels very natural and believable. His final shift at the end, to a city-dweller exploring the world, was also solid, and it’s a shame more wasn’t done with that outside of him turning up in a cape in one of the openings.

(An interesting subplot connected to Mewtwo’s dilemma is Pikatwo being a rather aggressive advocate for not hiding away from the world, to the point of leading a faction of defectors that Ash’s Pikachu ends up involved with. It’s a well-written story point, and it almost feels like a trial run at Takeshi Shudo’s daydreams of a Pokemon revolution storyline.)

Allowing for the fact that I haven’t seen all of BW’s Team Rocket material, this special is the one time I felt that the Team Rocket organization as a whole was used to anything close to their full potential. They’re presented as a competent and threatening criminal group, with Giovanni in particular having some real bite to him in a way that later series undermined. Domino, aka 009, aka Black Tulip, is a fantastic villain. Her disguise was convincing and even funny, her true persona is dangerous and even a little edgy without going over the line for a kids’ show, her design is unique, and her potential as Giovanni’s right hand is wide open. The fact that she hasn’t reappeared since this special is criminal.

And Ash gets a decent role in the proceedings too. He isn’t given an arc of his own (par for the course, unfortunately), but he does end up integrating into the plot in a much more natural way than most of the movies manage. And through very simple means, too; he shows Mewtwo kindness because Mewtwo showed Pikachu kindness. The connection between them is subtle but compelling, and it’s yet another element of this special that I wish would’ve seen some follow-up later on.

But apart from its good points not being followed up on, this special does have some real flaws. To start with more of a pet peeve on my end - I think Takeshi Shudo let his fondness for the TRio cloud his judgment on writing them at times. He may have intended them as basically good, but they are frequently shown to have strong streaks of cowardice, amorality, and selfishness, and Meowth is possibly the worst offender of the three. He abandons Jessie and James to their prison so he can deliver Pikachu to Giovanni and claim the credit, but then immediately shifts to allying with Pikachu and the clones. His turn doesn’t feel motivated, but arbitrary - as if the plot demanded it, or the writer wanted it. (To be fair to Shudo, he isn’t the only one who did this with the TRio; years later, Meowth’s water works in Volcanion felt just as contrived.)

There’s also the disappointing fact that, at the climax, it’s Misty and Brock who step up to hold the entire Team Rocket army at bay while Ash rushes to save Mewtwo, and the battle is entirely off-screen. I wouldn’t even object to that - or rather, I wouldn’t object to the majority of the battle being off-screen so long as we got a taste - except that Giovanni ends up appearing for a final confrontation with Mewtwo without explanation. Did he win? Did he sneak around and leave his minions to do the dirty work? Is the battle on-going? Did a rift in the space-time continuum allow Giovanni to exist in two places at once? What happened, Shudo!?

And that leads me to the biggest problem with Mewtwo Returns - there’s too much story here for the time allotted. To its credit, the special manages its many elements fairly well for the first two-thirds or so; Mewtwo’s angst, Team Rocket’s plotting, the TRio’s comedy antics, and Ash’s journeys are all well-balanced and well-paced. It’s only when the action comes to a head that the strain starts to show. Mewtwo is restrained by Giovanni, Ash and friends are imprisoned, and Team Rocket begins converting the island into a headquarters that pollutes the pure waters of the lake within a matter of minutes of screen time, and seemingly only a few hours of time at best within the story. Because there isn’t enough time at the end for the possibility of Giovanni regaining control of Mewtwo to amount to anything, that element feels rushed. Misty and Brock’s not-battle, and Mewtwo and Giovanni’s last stand-off, feel hurried along as well. And the TRio’s casual disregard for their organization’s plans seems rather...well, casual.

I said it without having seen this special, but I feel it even more strongly upon seeing it - this should’ve been an arc in the series, not a one-off. It isn’t as if there was anything going on in Johto around this time, and more time would’ve solved every major flaw in this story. Mewtwo could’ve actually been under Giovanni’s thumb for part of the arc, allowing for some additional drama and an expanded sense of scale and menace - instead of just threatening one island, Team Rocket could’ve threatened one, possibly two regions. Their takeover of the island could’ve been more well-paced, the consequences more clearly established. Misty and Brock could’ve gotten their battle, and Ash’s quest to save Mewtwo could’ve been more involved, giving all three of them more material. And this story as an arc would’ve given Takeshi Shudo a perfect opportunity to do what he always wanted with the TRio - have them realize that they’re basically good people in service to a bad organization, and truly reform, on a believable time frame. (And who knows? Under those circumstances, maybe they would’ve been the ones to leave after Johto.)

But if missed opportunities are the biggest flaw a special has, then one can’t complain too much. I really enjoyed this special, and I’m happy to have seen it in its original language first.

#critique #commentary #mewtwo returns #pokefilm #pokemon #film school training at work #z's crits

29 notes · View notes

jessicalynnhepner · 3 years

Text

Chapter 6—Legal Responsibilities and Recourse

Because many parents who abuse substances also neglect or abuse their children, it is common for clients in substance abuse treatment to have contact with some part of the child protective services (CPS) system. While the organizational roles and titles will vary, a CPS agency is the part of a State's child welfare system responsible for investigating and processing child abuse and neglect cases. For convenience, the term "CPS agencies" is used in this chapter to refer to all aspects of social services related to child welfare. For more on the role of CPS agencies, see Chapter 5.Some substance-abusing parents will be drawn into the CPS system during treatment; others will be compelled into substance abuse treatment by a CPS agency. In either case, it is critical that treatment providers become familiar with the laws governing the child protective system, including How child abuse and neglect are defined Whether, when, and how a counselor must report a parent or other primary caretaker--or a parent who was maltreated in childhood--to a CPS agency or police What happens after a report is made How State-mandated family preservation services operate How welfare reform will affect clients in treatment There are a number of Federal and State laws designed to protect the health and safety of children: State criminal statutes outlawing certain acts State civil statutes prohibiting child abuse and neglect State mandatory reporting laws requiring certain categories of persons to report suspected child abuse or neglect State "family preservation" laws offering families certain services or requiring families to participate in substance abuse treatment or types of counseling State "fast track" adoption laws that limit the time a child may remain in foster care before the State brings proceedings to terminate parental rights and free the child for adoption Federal laws requiring States to adopt policies, goals, and time limits in the child welfare realm Complicating the picture are the Federal law and regulations governing confidentiality of information about clients in substance abuse treatment (42 U.S.C. §290dd-2; 42 Code of Federal Regulations [C.F.R.], Part 2), which restrict the circumstances under which programs can make disclosures about clients, as well as the information they can disclose. This chapter explains the legal requirements treatment providers must follow, discusses the difficulties and potential conflicts that may arise, and offers some guidelines to help minimize legal difficulties and clinical dilemmas. Go to: Mandated Reporting All States require designated groups of individuals to report incidents of known or suspected child abuse or neglect. Eighteen States, in fact, require all citizens to report suspected abuse or neglect; other State mandatory reporting statutes often include substance abuse treatment staff, particularly staff comprised of State-licensed therapists, nurses, and social workers. If a professional's failure to report results in injury to the child, he may face criminal charges or a civil suit for damages or suspension or revocation of his professional license. Those who are mandated reporters under State law generally are immune from liability for reports made in good faith that are later found unsubstantiated or erroneous. In some States, any person or agency that employs individuals who are mandated reporters must provide all employees with written information outlining the reporting requirements.An adult survivor of abuse, however, usually discusses events that took place many years before. In these situations, there is generally not a duty to report and often little legal recourse for the survivor. A counselor is generally under no obligation to report abuse or neglect that the client describes suffering as a child many years ago. CPS agencies are not interested in investigating cases in which no child is in

imminent danger. However, if the person who abused or neglected the client now has custody of other children, the program should seek advice about whether it has reporting responsibility. If a client consents, the program can report the situation even if it is not mandated to do so. The situation is more complicated if, while in treatment, a client has had to leave her children with a family member who is the same person who abused her as a child. She may fear for her children's safety but have no alternatives for child care and therefore may not even identify this person as the perpetrator. Mandatory Reporting ProceduresAll States specify how reports must be made. Most require an immediate oral (spoken) report, and many now have toll-free telephone numbers to facilitate reporting. Most States require that reports include The age and address of the child The address and name of the parent or caretaker The type of abuse or neglect, as specific and factual as possible The name of the perpetrator Most States require oral reports to be confirmed in writing and within a given time frame. State statutory reporting procedures are available on the Internet at http://www.calib.com/nccanch/services/statutes.html. Disclosing information in reporting child abuse or neglectSubstance abuse treatment providers should disclose only the information required by State law when they report child abuse or neglect. Counselors and other staff members in treatment agencies are permitted to comply with State mandatory reporting laws under a narrow exception in the Federal confidentiality regulations. Those regulations (which are discussed below and in Appendix B) generally prohibit substance abuse treatment agencies and their staff from disclosing client-identifying information to anyone without the client's written consent. The child abuse reporting exception applies only to initial reports of child abuse or neglect (42 C.F.R. §2.12 (c)(6)). Programs may not respond to followup requests for information or to subpoenas for additional information, even if the records are sought for use in civil or criminal proceedings resulting from the program's initial report. (See below for a discussion of how to deal with such requests.) That means that in making an initial report of suspected abuse to a CPS or other designated agency, the mandated reporter should provide only the basic information required by the State mandatory reporting law. The counselor may give her name and the name of the program, and if the law requires it, she must. No other information should be disclosed without the client's written consent.Please note that these guidelines are an explanation of current Federal and State laws regarding client confidentiality for substance abuse treatment programs. They are meant to help reduce legal complications that could interfere with a client's treatment--or a program's operation. They are not meant to imply or encourage an adversarial relationship with CPS agencies. Ongoing collaboration is important and allowed when appropriate consent forms are signed. With more than 50 percent of child protective cases involving substance abuse, CPS agencies are dependent on the expertise of the treatment agencies. Dealing with the legal requirements: Making the task easierAgencies providing substance abuse treatment should develop a protocol to handle legal requirements. For example, an agency may have a protocol that requires the counselor to discuss the case in question with a supervisor. If they decide the case is reportable, then the supervisor discusses it with the clinical director. If more information is sought, such as by subpoena, the director would contact a lawyer. Orientation for new staff members should include the agency's reporting policies and procedures. It is recommended that

these policies include provisions requiring staff members to inform their supervisor or appropriate program personnel whenever they make a report, as well as the need to consult with their supervisor whenever they have concerns regarding the need to report.Many substance abuse treatment agencies have found it useful to designate a capable member of the staff to Handle all requests for information from outside individuals or organizations when no proper consent form exists to authorize a release of information Keep current with developments in the area of child abuse and neglect, including court decisions that clarify what conditions are reportable and how reports should be made Develop and update a list of resources the agency can consult when difficult questions arise (e.g., there may be a member of the agency's governing board who is a lawyer who would be willing to provide advice in difficult cases) Develop a form to use in making reports so only specific, relevant information is given Be careful of letterheads, logos, and headings on fax machines that may inadvertently reveal that the treatment center is involved A list of other potential sources of assistance appears in Figure 6-1 . 📷 BoxFigure 6-1: Reporting Child Abuse and Neglect: Sources of Advice in Difficult Cases. Sources to be consulted only after reviewing confidentiality rules A clinical supervisor or a member of the treatment team Another peer The treatment program's legal (more...) Clinical concernsCounselors may be concerned that compliance with the mandatory reporting law will damage the client-counselor relationship or trigger relapse. A recent study shows that neither is likely to occur: Most clients stay in treatment after a report, and many are able to overcome the negative feelings that often result (Steinberg et al., 1997).There are ways to limit the potential damage to the therapeutic relationship. The first is to inform the client about the mandatory reporting law at the time of admission (Watson and Levine, 1989). This practice is actually required by the Federal confidentiality regulations. §2.22 of the regulations requires that substance abuse treatment programs give all clients a notice describing the confidentiality rules, as well as their exceptions (which include mandatory child abuse reporting), upon admission or as soon thereafter as possible. (The regulations contain a sample notice at §2.22(d) that may be used for this purpose.) This practice is also endorsed by the American Psychological Association and the Code of Ethics for Social Workers (Kalichman, 1993).A second way to limit damage is to provide the client an opportunity to self-report. Self-reporting "affords the individual an opportunity to assume responsibility for his or her own actions and allows for at least some control in what otherwise might be a powerless situation" (Kalichman, 1993, p. 126). If the client makes the report from the counselor's office, the counselor can provide appropriate support. Counselors should be aware, however, that although this might preserve the therapeutic relationship, it may not fulfill the counselor's statutorily imposed duty to make a report. Sometimes it is possible to minimize damage to the relationship by completing the report (both oral and written) in the client's presence.If there is imminent risk to a child, the counselor may not have time to engage the parent in the process. For example, if a counselor learns that the client has scalded his child and tied him to the bed, it would be appropriate to contact a CPS agency immediately. Similarly, if there is a risk that the client will continue his behavior and seek to cover his tracks, the counselor would probably not involve him in the report or inform him until after it has been

made.Although counselors may sometimes be tempted to use the threat of reports to coerce clients into complying with treatment requirements, counselors must remember that the purpose of the reporting laws is to protect children--not to provide counselors with a bargaining chip in the treatment process.Reporting may advance a client's recovery by providing an appropriate limit-setting example, increasing the parent's sense of responsibility for harmful behavior, and giving the family an opportunity to change. Parents may be relieved after a report has been made that external control has been introduced into a situation that frightens them as much as it does the children. Reporting may also open a dialog with the client concerning family relationships and any personal history of abuse, if one exists. Whether these positive results occur appears to depend on when the report is made (earlier in treatment is more likely to affect the relationship negatively), how much support the counselor offers when the report is made, and how well the counselor deals with the client's anxiety and anger (Melton et al., 1995).The National Center on Child Abuse and Neglect offers the following guidance:The law does not require mandated reporters to tell the parents that a report is being made; however, in the majority of cases, advising the client is therapeutically advisable. First, the therapist is employing clinical leverage by using authority to set a firm and necessary limit... Second, if the therapist does not mention the report, there is secrecy and tension, which may result in the clients' feelings of suspicion, isolation, or betrayal. In some cases, reporting may elicit an extreme response from the clients... It can be very beneficial to give clients the opportunity to make the reports themselves in the therapist's presence (Peterson and Urquiza, 1993, p. 13).Although the manner in which the counselor makes the report may affect the counselor-client relationship, the importance of that relationship must not override the counselor's responsibility to fulfill the statutorily imposed obligation to report when a report is necessary to protect a child. If a client has a history of violence, the counselor must also consider her own safety when deciding how much to include the client in the reporting process. Developing Reporting Policies and ProceduresFailure to comply with statutory reporting mandates or to limit the report as required by the Federal confidentiality regulations can place the individual counselor and the counseling agency at risk. Therefore, everyone in the agency who is required by law to report suspected abuse or neglect must clearly understand when and how a report must be made and what information must be reported.The best practice is to adopt a written policy or protocol before a case arises. Recently hired counselors should read or be given training on such policies. Reporting policies and procedures should include a reference to the State's legal requirements, including the definitions of child abuse and neglect, the categories of persons who must report, what information must be in the report, and how a report should be made and documented. Specifically, the Consensus Panel recommends that agency policy include A statement that the agency strictly adheres to the State's mandatory reporting laws The State's definition of abuse and neglect The State law delineating when reports must be made (e.g., when a counselor has "reasonable suspicion" or "reasonable belief") A list of the categories of persons who are mandated reporters An outline of the information that must be reported and a statement that no other information will be disclosed unless the client has consented in writing The name, address, and telephone number of the person or agency to whom the report must be made

(Generally, jurisdictions require persons who suspect child abuse or neglect to telephone a report to the local CPS agency or the department of human services and follow it with written confirmation.) A requirement that clients receive a notice, when they are admitted, summarizing the Federal confidentiality regulations and the child abuse reporting exception (§2.22(a)) (The Federal regulations contain a sample notice that may be used for this purpose; the Consensus Panel recommends that the client be required to acknowledge in writing receipt of the notice.) A requirement that staff members who are mandated reporters consult a supervisor or team leader before calling the CPS agency to report suspected child abuse or neglect unless the situation is an emergency (Some States require that the agency as well as the individual care provider make a report; moreover, consulting with a supervisor ensures that the wisest decision is made in this emotionally charged area, particularly in ambiguous or doubtful cases, and it will ensure that the agency is prepared to handle any legal issues that may subsequently arise.) A statement describing how the report must be documented in the agency's records (At a minimum, documentation should include the name of person and agency to whom a telephone call was made, the date and time of the call, the information provided, a copy of the written confirmation, and a notation of whether and when the parent was notified of the report.) Guidelines describing when and how the client will be notified, including a description of the circumstances under which a parent should not be notified because of danger to the child A procedure for review of all cases and of issues that arise after reporting (Routine review will ensure that any problems, whether of a procedural or therapeutic nature, will be addressed expeditiously.) A requirement that orientation for all new staff include the agency's reporting policies and procedures and a statement that the agency will provide ongoing training in this area Go to: State Laws Regarding Child Abuse and Neglect All 50 States and the District of Columbia have statutes that protect children from abuse and neglect by their parents or others. There are criminal statutes prohibiting certain acts (or failures to act), violation of which may lead to imprisonment. There are also civil statutes that prohibit abuse and neglect. If these statutes are violated, the court may impose requirements that parents accept certain kinds of help (such as substance abuse treatment, parenting classes, or anger management training), that their children be removed from the home, or that their parental rights be terminated.Most States define abuse as an act or failure to act that results in nonaccidental physical injury or sexual abuse of a child. Neglect generally includes the denial of adequate food, shelter, supervision, clothing, or medical care when such resources or services are available. As noted in Chapter 1, each State defines abuse and neglect differently, and the conditions considered to be neglect or abuse in one State may not be the same in others. Because State law often requires that treatment providers report suspected abuse and neglect, treatment staff should become familiar with their State's definitions of abuse and neglect. Staff can contact the State's CPS agency for information on current laws. (If the abuse occurred in another State, or if the perpetrator is currently living in another State, it is wise to check on the laws in the other State to ensure compliance. At times, there may be a need to report in both States.) Readers can also find State statutory child abuse and neglect definitions on the Internet at http://www.calib.com/nccanch/services/statutes.htm. Federal

definitions of these terms appear in the Child Abuse Prevention and Treatment Act, 42 U.S.C. §5106(g). In some cases, the CPS agency can be consulted regarding whether or not a report must be made in a particular situation without divulging confidential (i.e., identifying) information. Consultation with the CPS agency must be done with great care, and this communication can be noted in the client's chart.Although each State's laws are different, the following conditions are reportable in most States: The child has been seriously physically injured by a parent or other adult by other than accidental means. The child appears injured or ill to the point that a reasonable person would seek medical attention, but the parent has not sought medical attention, refuses to consider it, or fails to follow medical advice, putting the child at risk. An adult has sexually touched (or made the child sexually touch the adult), abused, or exploited the child. The child is not registered for or attending school, and the parent refuses to remedy the situation (home schooling must be adequately documented). Although the behaviors outlined above are the most blatant examples of child abuse or neglect, other parental behaviors or practices may put children at risk. For example, the following may also constitute child abuse or neglect: Leaving a young child alone and unsupervised Inappropriate punishment that puts a child at risk (e.g., locking a young child out of the house as a punishment) Depriving a young child of food for an extended period of time Treating one child, the "bad one," far more harshly than others Whether behaviors like these are reportable depends, in part, on how State statutes define abuse and neglect, the seriousness of the behavior or incident, its impact on the child, and the counselor's perception of the client's overall behavior with the child and of the client's willingness to correct inappropriate behavior.The difficulty for counselors is that substance abusers are often the products of poor parenting themselves and many have had little or no exposure to appropriate parenting behavior ( Whitfield, 1981). Without a reasonable model of nurturing behavior, they may simply deal with their children in the same inappropriate ways they were treated. They may have no intention of harming their children and no notion that they are putting their children at risk.Because of these complicating factors, the decision whether to report parents who treat their children inappropriately can be rather difficult. Clearly, inappropriate child-rearing practices cannot be ignored; they are important danger signals. Yet not every inappropriate action a parent takes can--or should--be reported. On the other hand, counselors must keep in mind that they are required to report when they have a firm belief or a reasonable suspicion (the statutory definition will vary) that a child is abused or neglected (as that term is defined). Their responsibility is limited to making a report; it does not include conducting an investigation to determine whether the abuse or neglect actually occurred. That is the job of the CPS agency. There may also be timeframes within which reporting must occur, and sanctions for failure to report.If counselors are unsure of how to proceed or what is required in a murky or complex case, they should consult with a supervisor, a colleague in the treatment program, or others (see Figure 6-1 ). Of course, such consultation must be made without violating Federal confidentiality regulations. (See Appendix B for a further discussion of this issue.) As this chapter advises earlier in "Developing Reporting Policies and Procedures," programs should adopt written policies governing child abuse reporting and should require counselors to consult with supervisors before making a child abuse or neglect

report. Ongoing training and a thorough knowledge of community resources will help counselors determine what actions are most likely to benefit the child and whether reporting is required. Parental Substance Abuse as Child Abuse and NeglectThe differences in the ways States define child abuse and neglect are particularly striking in the area of parental substance abuse. In some States, parental substance abuse, by itself, may constitute child abuse or neglect. In others, something more must be shown. For example, in South Carolina, giving birth to a drug-exposed infant is a criminal offense; a conviction may send the mother to prison (State v. Whitner, 328 S.C. 1, 492; S.E. 2d 777 [1997], cert. denied, 118 S. Ct. 1857 [1998]). In other States, like New York, "[a] report which shows only a positive toxicology for a controlled substance [in the newborn] generally does not in and of itself prove that a child has been [neglected]" (Nassau County Department of Social Services v. Denise J., 87 N.Y. 2d 73, 661 N.E. 2d 138, 637 NYS 2d 666 [1995]).New York offers a particularly interesting approach to the question of parental substance abuse, as it distinguishes among three kinds: (1) those parents who misuse substances but not to the extent that they become intoxicated, unconscious, or their judgment is impaired; (2) those parents who misuse substances but are in treatment; and (3) those parents not in treatment who misuse substances to the extent that they become intoxicated, unconscious, or their judgment is impaired.In New York, a CPS agency that brings a neglect proceeding against a parent who uses substances must show, at a minimum, that the parent "repeatedly misuses a drug or drugs or alcoholic beverages, to the extent that it has or would ordinarily have the effect of producing a substantial state of stupor, unconsciousness, intoxication, hallucination, disorientation or incompetence, or a substantial impairment of judgment or a substantial manifestation of irrationality...." Substance abuse below that level is not prima facie evidence of neglect. When a parent is in treatment, the State may not use "such drug or alcoholic beverage misuse [as] prima facie evidence of neglect" even if it results in "a substantial state of stupor" (§1046(b)(iii) of the Family Court Act).Similarly, for a court to rule that a child is neglected because of the substance abuse of a parent who is not in treatment, the court need find only that the parent's substance abuse results in loss of self-control of his actions. On the other hand, if the parent is voluntarily and regularly participating in treatment, the court cannot make a ruling of neglect unless it finds (1) that the substance abuse results in the loss of self-control and (2) that there is sufficient evidence that the "child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired" (§1012(f) of the Family Court Act).The wide variation in the way States define child abuse and neglect makes it imperative that providers be familiar with their States' statutes. Substance-using pregnant womenMany States have employed both criminal and civil sanctions in an attempt to penalize pregnant women who use substances for the harm they may be causing the fetus. Since until recently no existing criminal statute directly addressed prenatal injury to the fetus by a substance-using mother, criminal prosecutors have used "State statutes related to child abuse and neglect, involuntary manslaughter, prohibitions on delivery or distribution of controlled substances to minor, and pure drug use" (Garrity-Rokous, 1994, p. 219). By 1991, at least 19 States and the District of Columbia charged women with felonies for substance use during pregnancy.Many courts have also disregarded sentencing guidelines and imprisoned

pregnant drug users for terms long enough to ensure their infants were born drug free (Garrity-Rokous, 1994). The South Carolina State Supreme Court was the first to rule that a viable fetus could be considered a "person" under child abuse laws. (In other States, however, courts have held that child endangerment laws do not apply to fetuses.) In South Carolina, district attorneys were directed to treat situations in which a pregnant woman is using drugs as subject to duty-to-report provisions, placing medical personnel and counselors in legal jeopardy if they failed to inform authorities of such a pregnancy. In a related trend, judges commonly remand substance-using pregnant women who are arrested for prostitution, drug peddling, or other crimes to residential treatment centers, which are ordinarily reserved for persons with severe substance dependence.Mothers who give birth to babies who are born harmed by or addicted to illegal substances may also face legal consequences. Child abuse and neglect laws have been passed in some States specifying that the birth of an infant who is addicted to an illegal substance constitutes a mandated reporting situation. A South Carolina woman was sentenced to a 5-year prison term for child neglect when her child was born with cocaine in his system. In a well-known 1989 Florida case, another woman was arrested and mandated into residential treatment for child abuse because of evidence of cocaine in the umbilical cord at birth. Because a fetus is not considered a "person" in Florida, the State prosecutor had to show that the woman "delivered drugs" to the baby in the brief period before the umbilical cord was cut (Garrity-Rokous, 1994). Eventually, the Florida Supreme Court overturned this conviction. Even so, there has been a movement in some States to define any maternal substance use during pregnancy as child abuse or neglect.Significant cultural and economic issues are associated with the way in which State reporting requirements are implemented. One landmark study showed that a woman who delivers a substance-dependent child is more likely to be reported if she is a woman of color (Chasnoff et al., 1990). It is worth noting that the same standards are not applied to women who use alcohol or smoke, even though the consequences may be equally--or even more--harmful for the baby. The long-term impact of fetal alcohol syndrome is far more clearly documented than that of fetal exposure to cocaine, for example. And according to at least one study, maternal alcohol abuse may be the most frequent environmental cause of mental retardation in the Western world (Ray and Ksir, 1996).If counselors are aware of these trends in their jurisdiction, they will be better able to discuss the possible legal consequences with pregnant women. At the same time, understanding the current mood in the country will allow the counselor to understand better the added stress felt by drug-abusing mothers. This pressure is a good topic to discuss with pregnant clients in substance abuse treatment. Counselors should be aware that the client's concern for her unborn child, and the self-esteem issues evoked by the situation, might help keep her in treatment--or lead to relapse. Go to: CPS Agency Investigation and Potential Outcomes Once a professional, relative, or neighbor has made a report about a child, the State or local CPS agency is supposed to take action and investigate the complaint. If the complaint is unfounded or unsubstantiated, it is dismissed, and there are no further consequences. If, on the other hand, an initial investigation substantiates the complaint, the CPS agency has a number of options: It may reach an agreement with the family (without filing any court action) regarding what changes are needed and what services will help the family

achieve those changes. It will then develop a service plan outlining the remedial steps the family has agreed to take and establishing a timetable for the family to complete those steps. A CPS agency can bring a neglect or abuse petition against the parent or guardian in a family or trial-level court. After a trial or fact-finding hearing, the court may take one of the following actions: Dismiss the petition (setting the parent free from further obligation) Issue an order requiring the parent to comply with all or part of the CPS agency's service plan, an order the court may review periodically to assess the parent's compliance (If the parent fails to comply with the court's order, the court may, after a hearing, either give the parent another chance or, if the case has been pending for some time, the parent has made little progress, or her behavior is particularly egregious, remove the child and begin proceedings to terminate parental rights.) Issue an order for the child's removal If the situation is life threatening, a CPS agency can remove the child (and any siblings) immediately and schedule a prompt court hearing at which the parent or guardian may contest the removal. If the court finds the removal unnecessary, the child may be returned, but the parent may still be required to comply with a service plan. A CPS agency can refer the case to criminal justice officials. The majority of child abuse or neglect reports will not result in full-fledged court cases. Of those that do result in court action, most are brought in a family court, where hearings are closed to the public and files are sealed. Only rarely will a report result in criminal charges against the parent.Whatever is reported to the CPS agency or whatever action that agency takes, if the parent contests the charges or objects to the CPS agency's proposals, she is entitled to a hearing and to be represented by an attorney. In this country, parents may not have their children permanently removed or their parental rights terminated or be punished or be required to go into substance abuse treatment without a court proceeding. (Of course, parents may find themselves coerced into agreeing to enter treatment to retain their children.) In cases where a child has been removed from a home against the parent's wishes, a hearing must be held within a specified time, or the child must be returned. The focus in any initial hearing will be placement of the child during a CPS agency investigation or during any trial. The Service PlanUnless the charges of child abuse or neglect are dismissed (or the parent is charged with a crime and incarcerated), at some point the CPS agency will meet with the client to assess his needs and develop a service plan.The plan should detail The steps the client must take and the terms and conditions he must meet to retain or regain custody of the children A timetable for accomplishment of each step, term, and condition A list of resources the CPS agency will make available to the family It is the CPS agency's obligation to make every effort to assist the client in retaining or regaining custody of his children. Clinical IssuesThe counselor's role can be critical for a client involved in a child abuse or neglect investigation or proceeding. Getting the client to sign a consent form allowing communication and joint service planning can be an important first step (see Appendix B). The counselor can help a client understand what is happening, help her stay focused on what needs to be accomplished, and provide support and encouragement. However, to offer the client sound assistance the counselor needs some basic information: Is this the first time the client has had a case with a CPS agency? What are the charges against the client (e.g., abuse, neglect)? What precisely is the client charged with doing or not

doing? Has a child ever been removed from the client's home? Does the client have a lawyer representing him? (The counselor should ask the client to sign a consent form permitting the counselor to communicate with the lawyer.) At what stage is the client's case? Has the client agreed to a service plan? Is he subject to a court order? What actions must the client take to comply with the service plan or court order? Is there a timetable? What are the likely outcomes of the proceeding and is termination of parental rights a possibility? What is the client's view of the CPS agency and of the entire situation? Although some might think the last question strange, soliciting the client's view of the CPS agency will help to maintain the counselor-client relationship as the investigation unfolds. Clients have often had negative experiences with CPS agencies or other social service agencies that have intervened in their lives, especially if cross-cultural issues are involved. If a counselor acts on the assumption that the client thinks a CPS agency is acting in her best interest, the counselor may well alienate the client and close the door on what could be an opportunity for developing a therapeutic alliance. In other words, if the counselor characterizes the CPS agency's intentions as beneficent and its intervention as beneficial, the client may well view the counselor as naive at best, and possibly part of the "enemy camp." It is best to begin a dialog with the client about the role of the CPS organization. Perhaps the safest approach is for the counselor to take the position that whether or not the CPS agency's intentions are benign or its intervention is welcome, it is a force with which the client must deal.It is important, however, for the counselor to help the client move past denial, hurt, and anger into a working relationship with the CPS agency. She should not align or overidentify with the client against the CPS agency. The counselor should make it clear that his major role in this situation will be to work with the client to ensure that the client understands and complies with the CPS agency's or the court's requirements regarding substance abuse treatment. To this end, the counselor should obtain a copy of the service plan and review it with the client. The terms and requirements of the service plan can often be integrated effectively into counseling objectives.In fact, the CPS system may have information for the treatment provider on the client's substance abuse history and other relevant clinical information. Collateral information from CPS agencies on substance abuse evaluations can be invaluable in raising the quality of the evaluation, providing accurate information, and making better treatment decisions. (For guidelines on maintaining client confidentiality and the legal requirements involved, please see Appendix B.) Frequently clients do not understand the severity of their situation and may minimize or withhold information. This may be due to drug-related cognitive impairments, low IQ, naivete regarding the legal system, or the same denial and rationalization that sustained their addictions.Service plans may include a comprehensive treatment plan involving several agencies. Some communities have established multiagency teams to coordinate support for families in crisis. In West Hawaii, for example, a multidisciplinary team is formed to assist the CPS agency worker in high-risk or complex cases, such as severe abuse that results in hospitalization. Members of the team represent the disciplines of medicine, nursing, psychology, and social work. Because more than half of reported child abuse and neglect cases involve substance abuse, a substance abuse treatment professional has recently been added to the team. The team helps the CPS agency worker assess the extent to

which further harm is likely to befall the child, gauge the family's motivation and capacity for change, and weigh the advisability of various options for protecting the child. Team members review available documentation (such as case histories, school reports, and medical records) in addition to contributing their own knowledge of the family in question, providing a wide range of additional support on an as-needed basis. Pediatricians assess the medical needs and perform comprehensive abuse, neglect, and sexual abuse exams. Consultants also provide expert witness testimony for the family court.The team approach can be extremely helpful to a client or family involved in the child protective process. The team can coordinate services so that requirements, appointments, and obligations do not overwhelm the client and can reduce the number of conflicting demands the client must meet. A team approach can be very helpful in obtaining a more complete picture of the client and the severity of the problem. A client often presents differently to various practitioners and may share different information depending on the practitioner's area of expertise and nature of the relationship with the client. The difficulty for a treatment provider is that before information may be shared with other agencies, the client must sign a consent form permitting the program to communicate freely with specified agencies. (In parallel fashion, the client must have signed a consent form allowing the other agency to communicate with the substance abuse treatment provider. Some counselors address this by having the client sign the two consent forms necessary for two-way communication and sending a copy of the appropriate version to the other agency.) The other agencies must also understand that they are prohibited by Federal regulations from redisclosing any information they receive from the counselor (see Appendix B). Communicating With CPS Agencies and Others After the Initial ReportAlcohol and drug counselors working with parents during CPS agency investigations or court proceedings may find that the CPS agency and others view them as a good source of information. It is important to keep two things in mind. First, substance abuse treatment programs and the child welfare system (including both the courts and the CPS agency) have different concerns, goals, and measures of success. Once the counselor has made the initial report, her concern must turn to the client's progress toward recovery. While the child protective system is also concerned with the client's recovery, its focus is on the child's safety and stability. These differences in primary focus mean that while the alcohol and drug counselor can help the client achieve recovery (and thereby successfully end the involvement of the CPS agency), she cannot change either the client or the situation. Sometimes, the treatment system's interest in the client's recovery conflicts with the CPS agency's interest in protection of and permanency planning for the child. For example, the counselor's goal of having the client reduce his substance abuse (and allowing sufficient time for that to happen) may conflict with the CPS agency's goal of finding a permanent placement for a child who has been in foster care for many months.Counselors must keep in mind that they may communicate with or respond to requests for information only when the proposed communication conforms to one of the Federal regulations' narrow exceptions permitting a disclosure. If a counselor fails to abide by Federal confidentiality rules, an unpleasant and expensive lawsuit may be brought against the program and possibly the counselor. Moreover, if word spreads that the program fails to protect information about its clients, it may have a difficult time in retaining its clients' confidence

and in attracting new clients into its treatment services (as well as the possibility of professional sanctions and relicensing difficulties).The following discussion about communicating with parts of the child welfare and legal systems relies heavily on four exceptions to the Federal regulations that permit disclosures: Proper written consent from the client (§2.31) Proper written criminal justice system consent from the client (§2.35) Court orders (§§2.64-2.66) Qualified service organization agreements (§§2.11, 2.129(c)4)) Appendix B contains a full discussion of the regulations, including these exceptions. Dealing With CPS Agencies, Courts, and Law EnforcementAll professionals who work in the field of substance abuse treatment are aware that their clients have serious problems that may involve procuring and using illicit drugs. Abuse of such illicit substances interferes with their lawful behavior and, when they are parents, interferes with responsible parenting (Magura and Laudet, 1996). Treatment providers, therefore, will often need to interact with the legal and child protective systems. The way in which counselors interact with these agencies will vary from case to case. The counselor may have to contact a CPS agency to report a client suspected of child abuse, or the legal system may contact the counselor for information about a client's participation in a treatment program. Whatever the nature of the interaction with CPS agencies or the legal system, counselors need to be aware of their legal responsibilities.The following subsections discuss how the counselor should deal with various agencies. In all of these circumstances, the Consensus Panel recommends that counselors (1) ask for their supervisor's guidance on what boundaries to keep, (2) consult their client, (3) use common sense, and (4) consult State law (or a lawyer familiar with State law). Communicating with a CPS agencyEven if a CPS agency has sent the program a Request for Information Release that the client has already signed, if the form does not comply with §2.31 of the Federal confidentiality regulations, the counselor may not release any information. (For a sample form that complies with the Federal regulations, see Appendix B.) Even if the form complies with the Federal requirements, the counselor should remember that a signed consent form does not require her to disclose any information. The counselor should still evaluate the appropriateness of the request in the context of its impact on the client's treatment.First, after getting the client's written consent to do so, the counselor should consult with the client's lawyer. (Some clients may not be aware that they have the right to an attorney when custody of their children is being questioned.) The counselor should ask the lawyer whether she has objections to the program's making a disclosure and whether she thinks it is in the client's interest for the program to disclose the requested information. The lawyer may be pleased to know that the Federal confidentiality regulations provide a way to limit the kind of information disclosed. If the lawyer has no objections, the counselor can simply have the client sign a valid consent form, making sure to limit the scope of the disclosure as appropriate (and as the regulations require). If the lawyer does have an objection, then it is best to let her take the lead.If the client has signed a proper consent form authorizing the counselor to communicate with the caseworker at the CPS agency, how much information should the counselor disclose and how active a role should he take? In some cases, disclosing information to the CPS agency or court will benefit the client. It may also help the client if the counselor participates in developing a service plan for the family. However, it is up to the client and the lawyer,

not the counselor, to determine whether communication or cooperation with a CPS agency will benefit the client. Therefore, it is essential that the counselor communicate with the client's attorney before taking it upon himself to communicate with a CPS agency.Counselors should avoid using a standard report form in communicating with a CPS agency, unless the form calls for a limited amount of relevant, objective data. Each case is different, and a one-size-fits-all approach may hurt the client. It is best to think through each case on its own terms--with the help of the client's lawyer and with appropriate supervision. Sometimes, however, CPS agencies only need to know whether the client is participating in treatment, what the program's expectations are, if the client's participation has been satisfactory, the extent of drug involvement, and whether the client has complied with specific directives the treatment provider may have made. Responding to lawyers' inquiriesIf a lawyer calls to find out about a client's treatment history or current treatment, unless the client has consented in writing to the counselor's communicating with the lawyer, the counselor must tell the lawyer, "I'm sorry. I can't respond to that question right now. Can I have your telephone number and call you back at another time?" This is because the Federal confidentiality regulations prohibit any other response without the client's written consent. The regulations view any response indicating that the person in question is the counselor's client as a disclosure that the person is in fact in substance abuse treatment. This applies even if the lawyer already knows that the client is in treatment.A firm but polite tone is best. If confronted by what could be characterized as "stonewalling," a lawyer may be tempted to subpoena the requested information and more. The counselor will not want to provoke the lawyer into taking action that will harm the client. Even if the counselor has the client's written consent to speak with the lawyer, she may find it helpful to consult with the client before having a conversation about him. The lawyer can be told, "I'm sure you understand that I am professionally obligated to speak with this person before I speak with you." It will be hard for any lawyer to disagree with this statement.The counselor should then speak with the client to ask whether the client knows what information the caller is seeking and whether the client wants her to disclose that or any other information. She should leave the conversation with a clear understanding of the client's instructions--whether she should disclose the information and, if so, how much and what kind. It may be that the lawyer is representing the client and the client wants the counselor to share all the information she has. On the other hand, the lawyer may represent the CPS agency, the prosecuting attorney, or some other party with whom the client is not anxious to share information. There is nothing wrong with refusing to answer a lawyer's questions.If the lawyer represents the client and the client asks the counselor to share all information, the counselor can speak freely with the lawyer once the client signs a proper consent form. However, if the counselor is answering the questions from a lawyer who does not represent the client (but the client has consented in writing to the disclosure of some information), the counselor should listen carefully to each question, choose her words with care, limit each answer to the question asked, and take care not to volunteer information not called for. If the lawyer asking for information represents the prosecuting attorney, the counselor should consult both the client and his lawyer, as well as the program's legal counsel before responding to any

questions. Responding to subpoenasSubpoenas come in two forms. One is an order requiring a person to testify, either at a deposition out of court or at a trial. The other--known as a subpoena duces tecum--requires a person to appear with the records listed in the subpoena. (Depending on the State, a subpoena can be signed by a judge or filled out by a lawyer and stamped by a court clerk.) Unfortunately, it can neither be ignored nor automatically obeyed.When a subpoena is received, the counselor should call the client about whom he is asked to testify or whose records are sought and ask what the subpoena is about. It may be that the subpoena has been issued by or on behalf of the client's lawyer, with her consent. However, it is equally possible that the subpoena has been issued by or on behalf of the CPS agency's lawyer (or the lawyer for another adverse party). If that is the case, the counselor's best option is to consult with the client's lawyer (if the client has signed a consent form) to find out whether the lawyer will object (i.e., ask the court to "quash" the subpoena) or whether the counselor should simply obtain the client's written consent to testify or turn over her records. An objection can be based on a number of grounds and can be raised by any party, as well as by the person whose treatment information is sought. Often, the counselor may assert the client's privilege for her.If the program has an attorney to represent it or an attorney who is willing to provide advice on issues like these, the counselor could seek his advice. As is detailed in Appendix B, the best way to handle this arrangement is for the program and the lawyer to sign a "Qualified Service Organization Agreement" (§§2.11, 2.12(c)(4)), which permits the program to communicate information to a person or agency that provides services to the program. Project Connect Coordinating CommitteeIn Rhode Island, the Project Connect Coordinating Committee meets monthly to explore and establish linkages between treatment agencies. Its members include representatives of the Department of Children, Youth, and Families (DCYF); the Department of Health, Division of Substance Abuse; substance abuse treatment providers; health care providers; staff from perinatal addiction programs funded by the Center for Substance Abuse Prevention; and staff for Project Connect. Among the project's accomplishments are the following: Holding a treatment provider fair to give DCYF a better grasp of treatment issues and options Preparing a resource directory to help DCYF workers make appropriate referrals Developing referral, intake, and reporting procedures to integrate and facilitate the work of substance abuse treatment providers and DCYF workers serving the same family Sponsoring a conference to work toward a common language Exchanging information through formal presentations on topics of mutual concern Advocating for the development and implementation of a managed care system Communicating with the courtSometimes, the court hearing a client's case will ask a treatment program to write a report about his progress in treatment. Or a client's lawyer may ask an agency to submit a letter to the court to support a disposition she is advocating. In any letter it submits, the agency should limit itself to reporting factual information, such as client attendance and urine toxicology screen results; it should not speculate on the future of the client or the client's family. Nor should it offer an opinion as to where the child should be placed. Of course, any information the agency releases in the form of a letter-report must be limited to the kind and amount of information the client agreed to have released when he signed the consent form. Moreover, the agency should consult with the client's attorney to ensure the

letter covers the areas of concern and will do no damage.What should a counselor do if the client is continuing to abuse the child, the counselor knows this, and the counselor is asked to submit a report? First, if a counselor believes that her client is continuing to abuse a child and that the child's life or health is in danger, the counselor can make another "initial" report to the CPS agency (even when no report has been requested).Second, if the client's lawyer has asked the counselor to write a report for the court and the counselor believes that the client is continuing to have difficulty meeting his parenting responsibilities (but that active abuse that would require another report is not present), the counselor can explain why she doesn't want to write a report, so long as the client has signed a consent form permitting the counselor to talk to the lawyer.Third, if the court has asked the program for a report, the counselor can state in the beginning of the report that it will be limited to factual matters related to the client's progress and compliance with substance abuse treatment. The only circumstance in which a counselor could voluntarily inform a court of his opinion that there was ongoing abuse would be when the client's signed consent form would permit this kind of communication.Finally, if the court insists on a report (or testimony) on the subject of the client's parenting and the client has not consented to such communications, the program must explain that in order for the counselor to report (or testify) on this issue, the court must issue an order under subpart E of the Federal regulations. Note that if the report or testimony will include "confidential communications" it can only be done if the disclosure Is necessary to protect against a threat to life or of serious bodily injury Is necessary to investigate or prosecute an extremely serious crime (including child abuse) Is in connection with a proceeding at which the client has already presented evidence concerning confidential communications (for example, "I told my counselor...") (§2.63) (see Appendix B) Responding to inquiries by law enforcementIf a client faces criminal child abuse or neglect charges, a police officer, detective, or probation officer may pay the counselor a visit. If any of these officials asks a counselor to disclose information about a client or her treatment records, the counselor should handle the matter in the same way he would handle it with a lawyer. The counselor should tell the officer, as he might a lawyer, "I can't tell you if I have a client with that name. I'll have to check my records." Of course, if the client was mandated into treatment in lieu of prosecution or incarceration and has signed a criminal justice system consent form authorizing communication with the mandating agency, program staff may be obligated to speak with someone from that agency. (See discussion in Appendix B.)If the officer's inquiry has come unexpectedly, the counselor should determine from the client whether she knows the subject of the officer's inquiry; whether she wants the counselor to disclose information and, if so, how much and what kind; and whether there are any particular areas the client would prefer she not discuss with the officer. Again, the counselor must obtain written consent from the client before he speaks with the officer. If the client has a criminal case pending against her, it is best to check with her lawyer, too. Maintaining Working Relationships With CPS Agencies and OthersWhile a treatment program and a CPS agency may have conflicts regarding certain clients' cases, the program needs to maintain a good working relationship with the CPS agency and other agencies involved in the child protection system. It is possible, outside the context of any

individual case, for treatment programs, CPS agencies, and others to work together to develop common approaches to improve family functioning, reduce substance use, and keep children safe. Many States have coordinating committees to exchange information among diverse agencies about goals and strategies to promote understanding of each agency's perspectives, needs, and legal constraints (see box above).Education and outreach by substance abuse treatment agencies is particularly important, because CPS agency workers and other individuals in the child protective system often View treatment agencies as lenient on substance abusers Have difficulty understanding or respecting the treatment process, particularly relapse Do not understand or accept the constraints imposed on treatment agencies by Federal confidentiality requirements Providing a forum for these misunderstandings to be resolved and for acceptance and respect to develop will benefit all concerned.The following are examples of the ways that treatment providers in some States and communities have engaged in education and outreach: Florida drug treatment providers educate State legislators, judges, and sheriffs through conferences and seminars. Events are locally organized and help create understanding and acceptance of the treatment process and the confidentiality requirements that affect the provider. In Vermont, the State funds seminars on family violence and substance abuse treatment options for judges and other members of the legal system. These seminars are also open to the public. Some communities hold regular brown bag lunches for probation officers and others in the legal system. These meetings are an opportunity for education on such issues as confidentiality or how to work through problems, such as discrepancies between what the court is mandating (e.g., enrollment in a residential treatment program) and what is available (e.g., only nonresidential programs). Every summer Texas holds an annual Institute on Alcohol and Drug Abuse 2-week event that usually has 1,500 attendees per week. Numerous private and nonprofit providers have booths to exhibit their services. Bookstores exhibit and sell literature on such subjects as substance abuse, health, mental health issues, marriages, relationships, cultures, and motivational stories. A "Best Practices Conference" is held in the winter with about 1,200 people in attendance. Trainings are provided throughout the year in various regions of the State to make attendance convenient and more cost-effective for the providers. The Community Youth Network in Grayslake, Illinois, provides training sessions to area law enforcement personnel and school personnel. They address both victim and perpetrator issues, which is unusual because many programs do not address perpetrator treatment. Community Advisory Boards are an effective method of interagency collaboration and networking. The integrated family treatment program in San Antonio, Texas, has an active Community Advisory Board with representatives from the CPS system, Criminal Justice System, District Attorney's office, Family Violence Unit, Health Department, battered women's shelters, and other support agencies. Monthly meetings are held to exchange ideas and programmatic information, develop advocacy for substance-using women within their respective agencies, and gain an understanding of how each local system works. In Connecticut, the Alcohol and Drug Policy Council created a Women and Children's Client-Based Model. The various State agencies have been meeting to discuss implementing the model. There are monthly meetings of Child Protective Services Substance Abuse Regional Resource Consultants (psychiatric social workers with substance abuse certification who are

internal consultants to the CPS agency) with the substance abuse case managers for women and children to go over cases and resources. Both systems fund services for the population. The CPS system funds Project SAFE (Substance Abuse Family Evaluation), which is a statewide system to screen and provide priority access for evaluation and outpatient substance abuse treatment for clients in the CPS system. Another project, Supportive Housing for Recovering Families, provides housing assistance for clients who have successfully completed residential treatment and are planning to reunify with their families. The Alcohol and Drug Policy Council also recommends cross-training between substance abuse treatment programs and CPS agencies. Some of the major issues are how to make treatment systems more family focused and how to break down the traditional barriers in funding and measures. In Louisiana, recovered survivors have become effective lobbyists within the State legislature. Their personal experiences are brought into legislative subcommittees to gain more stringent, effective laws on behalf of abused children. The Louisiana State legislature has an appointed official in the victim representative capacity whose primary qualification is being a recovered survivor of childhood victimization. Montgomery County, Maryland, has a task force to integrate adult treatment services within the social services of CPS agencies, welfare and housing, and the juvenile justice system, recognizing the shared interests and client base. The Child Welfare League of America has published a book called Responding to Alcohol and Other Drug Problems in Child Welfare that includes many references and resources (Young et al., 1998). More needs to be done, however. Many State legislatures still view substance abusers as criminals, not people who have a disease. With busy schedules and limited financial resources, law enforcement officials often prefer incarcerating individuals, where treatment is limited. (For more information on substance abuse treatment and criminal offenders, refer to TIP 30, Continuity of Offender Treatment for Substance Use Disorders From Institution to Community [CSAT, 1998b].)Education is a two-way street. Treatment programs may benefit from training provided by other agencies, including CPS agencies and law enforcement organizations. Civic organizations, such as the Rotary Club, often have a speaker's bureau that may recommend a local expert in a particular field who would speak pro bono. https://whateveryparentshouldknowaboutcps.blogspot.com/2020/07/chapter-6legal-responsibilities-and.html

#Chapter 6—Legal Responsibilities and Recourse

0 notes