Risks will be assessed for every child, not just those affected by domestic violence — analysis of Bill No. 15418

The consequences of domestic violence extend far beyond the violation of the rights of a specific victim, as domestic violence creates a dangerous environment for all family members, especially children. Even if a child does not experience physical violence directly, they often witness systematic acts of aggression, psychological pressure, or other forms of abuse, which negatively affect their mental, emotional, and social development.

On July 16, 2026, a draft law titled “On Amending Article 14 of the Law of Ukraine ‘On Preventing and Combating Domestic Violence’ Regarding Certain Issues of Risk Assessment” (No. 15418) was registered with the Verkhovna Rada. It aims to improve the procedure for assessing risks to the victim by expanding its scope and establishing an obligation to simultaneously assess risks to each child living with the victim.

The explanatory note states that general and specialized support services for victims, within the scope of their authority, conduct risk assessments regarding threats to the victim. At the same time, the current version of the law does not provide for the assessment of risks posed to each child living with the victim, which may lead to additional threats to children from the abuser. That is why it is proposed to expand the authority of general and specialized victim support services to include the requirement to assess risks posed by the abuser to each child living with the victim.  

Thus, the relevant services carry out a range of functions aimed at ensuring a timely response to cases of domestic violence. Their responsibilities include receiving and reviewing reports from victims, notifying the competent authorities of identified instances of domestic violence, assessing the needs of victims, providing social, psychological, medical, and legal assistance, securing temporary shelter, and implementing other support measures.

Of particular importance among these powers is the assessment of risks to the victim, which was included in Article 14 of the law by Law No. 4073-IX of November 20, 2024.

Risk assessment is one of the key tools of the state’s response to cases of domestic violence. Its purpose is not only to document the fact of violence but, above all, to determine the likelihood of its recurrence, predict possible serious consequences, establish the level of danger to the victim, and determine the need for appropriate protective measures.

It is the results of the risk assessment that determine the subsequent course of action for general and specialized support services, influence the assessment of the victim’s needs, and guide the selection of specific response measures. Thus, risk assessment is, in fact, the foundation of the victim protection system.

It is the provision of paragraph 21 of Part 1 of Article 14 of the law that has become the subject of legislative amendments proposed by Bill No. 15418. It proposes to revise the aforementioned paragraph as follows: “an assessment of the risks threatening the victim, while simultaneously identifying the risks posed to each child living with the victim.”

An analysis of the proposed wording shows that the current version of paragraph 21 of Part 1 of Article 14 of the law imposes on the relevant services the obligation to conduct a risk assessment exclusively with regard to the victim. At the same time, there is no provision requiring the simultaneous identification of risks to each child living with the victim. The proposed amendments are specifically aimed at addressing this gap.

Undoubtedly, the proposed amendments are positive: Draft Law No. 15418 does not alter the risk assessment procedure itself; rather, it significantly expands its scope. Introducing the obligation to simultaneously assess risks to each child living with a victim will facilitate the timely identification of potential threats to children living in an environment where domestic violence occurs, even if they are not direct victims of domestic violence.

At the same time, achieving the bill’s objectives requires not only amendments to the law but also their proper implementation in practice. It is important to establish a clear approach to conducting risk assessments for children, develop uniform methodological guidelines, and ensure proper training for specialists who will conduct such risk assessments for the victim while simultaneously identifying risks to each child living with the victim.