Presentation on theme: "Welcome. Sit in any open seat with a Participant Manual"— Presentation transcript:
1Welcome. Sit in any open seat with a Participant Manual Welcome! Sit in any open seat with a Participant Manual. Please complete the Pre Test before the class begins. The Pre Test is located in the side pocket of your Manual.
2IMPROVING THE RESPONSE TO CHILD ABUSE VICTIMS WITH DISABILITIES A National Curriculum For First Responders, Forensic Interviewers and Allied Professionals222
3Module 1 IntroductionsWho we are: A Multidisciplinary Team: Disability Specialist, Prosecutor, Law Enforcement, Child Protective Services, Project DirectorWho you areDo investigations?Conduct forensic interviews?Experience working on cases of abuse involving children with disabilitiesPD333
4Housekeeping Details Please put cell phones and pagers on vibrate There will be 2 breaks in the morning and afternoon and an hour for lunch (provided)Please return promptly from breaksLocation of restrooms and exitsSign-in/out sheets for CE creditsEmergency ExitsPD444
6Why This Training… Our Increasing Awareness Heightened vulnerability of the populationRecognition of needs of populationImproved effectivenessAgency liabilityPerceived fear of handling these callsPD & CPS666
7DisclaimerBecause this is a national curriculum it is always advisable to review your state laws and regulations if any practices or content presented here seem at variance with your practices.Attempts have been made to include state specific legal content.
8Course Objectives Improve understanding of disabilities Improve investigative skills for building casesIncrease legal knowledgeDevelop more effective response techniquesImprove forensic interviewing skills for these casesSupport Multidisciplinary Team work in these casesP888
9Course Agenda Introduction Common Held Beliefs About Children with DisabilitiesOverview of DisabilitiesLegal Update and DisabilitiesMultidisciplinary ResponsePreliminary InvestigationOverview of Interviewing of Children with DisabilitiesThe Forensic InterviewConducting the InterviewComplex SituationsP999
10Participant Manual Follow the Modules Sections by Module contain relevant materials, activities, and space for your notesPowerPoint slides are in a separate sectionSupplemental materials are provided beginning at page ___
11The First Responder Can Make or Break a Case! 111111
12People with Disabilities United StatesTotal 54 millionChildren 6 millionMany of these disabilities are “hidden”Total 54 million (Source: Progress Report of the New Freedom Initiative, May 2002).Children 6 million (Source: “Individuals with Disabilities Education Act Guide to Frequently Asked Questions”, Committee on Education and the Workforce, John Boehner (R-OH), Chairman, Subcommittee On Education Reform, Mike Castle (R-DE), Chairman, Feb. 17, 2005, P.1)D*Numbers for disabilities are underestimates due non-disclosure of disability121212
13Population Statistics of Children and Adults with Disabilities STATE SPECIFIC DATA
14Prevalence of Abuse of Children With Disabilities 1st National study found that children with disabilities are abused at 1.7 times the rate of their peers without disabilities (Westat, 1991)2nd National study found that children with disabilities are abused at 3.4 times the rate of their peers without disabilities(Sullivan, 2001)Smaller studies suggest 4-10 times the rate (Garbarino, 1987)Underreporting is a significant problemD141414
15SummaryThere are significant numbers of children with disabilities. However under-representation both in population surveys and reporting of abuse statistics convey lower than actual numbers.
16MODULE 2 Commonly Held Beliefs and Case Challenges when Handling Cases of Children with Disabilities Who Are Victims of AbuseLE & CPS1616
17Small Group Activity Group 1: Commonly held beliefs Group 2: What makes these cases difficult?Make a list of issues.How do these affect your work?List strategies that can address the issues so work is effective.LE & CPS1717
18Common Beliefs Have multiple disabilities Are asexual Are unable to Understand and learnFeelFeel painCannot distinguish truth from fantasyAre unable to reliably, effectively communicateParticipant Manual page 14Refer to Participant ManualD181818
19Children With Disabilities Most children with disabilities have a single disabilityHave the same sex drives as their peersHave less information about sexualityOften have no prior sex educationD191919
20Children With Disabilities (cont’d) Similar to other children:can be accurate historians and reportersa similar ability as other children to know the difference between truth and untrutha range of abilities within any disability typeWe cannot generalize about children with disabilities, or the type, severity, or number of disabilities presentD202020
21Case Difficulties & Challenges See Chart, Module 2, Page xx
22Common Reactions to Persons With Disabilities DreadEmbarrassmentShamePityDisbelieve, disregard and discountDehumanizeD222222
23Significance of Beliefs Can make them more of a target for victimizationCan make us less effective in handling crimes against themWhat may look like threatening conduct may be behaviors associated with a disabilityImportance of distinguishing a disability from suspicious conductD232323
24OVERVIEW OF DISABILITIES MODULE 3OVERVIEW OF DISABILITIES
25TYPES OF DISABILITIES Developmental Learning Sensory Mental Illness: Psychiatric and Psychological DisordersPhysicalCommunicationHidden disabilities/not apparentD25
26Developmental Disability Legal, not medical termProvides standard for eligibility to useCase management, intervention, and support services for lifeEach state has it’s own definitionVideo – Examples of Disabilities; Brothers with Father (FR Part 3, Chapter 4, 17: :28)D262626
27Developmental Disabilities Act (1984) (PUBLIC LAW 98-527) A Developmental Disability is a severe, chronic disability of a person which(A) is attributable to a mental or physical impairment;(B) begins before the age of 22(C) is likely to continue indefinitely;(D) results in substantial functional limitations in three or more major areas of life;(E) reflects the person's need for a combination and sequence of special, interdisciplinary support lifelong or extended, that is individually planned and coordinated.See Handout in Participant Manual page xxx
30Mental Retardation Affects ability to learn Condition does not change Significant variation within and across IQ categoriesBorderline 70-85Mild 55-69Moderate 40-54SevereProfound 5-20Many children with mental retardation can effectively communicate and reliably recallD303030
31Class ExerciseYou are 14 years old with moderate mental retardation living in a group home. How is your world different from your age peers without disabilities?P3131
32Issues for Children with Disabilities Privacy is greatly reduced or non-existentExpectations for achievement and adult life are reducedObedience and passivity are rewardedNegative attitudes, ridicule, being ignored are commonFew friendships with typically developing age peers resulting in social isolationDifficulty being accepted into activities, clubs, etc.May be targeted by adults and adolescents for abuse or other crimes due to prejudice against those with disabilities.
33Values and Beliefs Video #4 - Jason helping police as a crime witness 4’ 31”D33
34Class ExerciseHow is the world of the child with mental retardation different from other 14 year olds?How will this information be useful to you as you interact with this child?Identify 2 or 3 ways in which you can incorporate this into your work
35Differences and Strategies to Address them. Child’s autonomy is different than age peers, fewer after school activities but rather may attend therapies; few friends outside of school; in-home therapists; always under supervision of someone.Additional therapists and supervisors may be sources of information; child’s significant information about social relationships may derive from TV programs; selection of TV programs may be influenced by the parentsUsing this information in rapport building, using examples from their real life experience; vocabulary choices.
36Class Exercise How is their world different? How will you use this information?Identify 2 or 3 ways in which you can incorporate this into your work.
37Autism Spectrum Disorders Includes:AutismAsperger’sPDD-NOSRett’sCause unknown, usually diagnosed by age 3Deficits in reciprocal social interaction skillsIQ ranges between severe disability and extremely brightD373737
38Autism Common Behaviors Behaviors may increase with stress Rocking, vocalizing grunts, noises, humming, ticsHand wringingHyperactive, fidgetyFlat affect (feelings not connected with expression)Echolalic speech (repeating what you say)May not look you in the eyesUnusual responses to sensory input (visual, auditory, touch, smell, taste)Behaviors may increase with stressNeed consistent and familiar environmentD383838
39Autism (Cont’d) May need more time to process questions May require more distance between themselves and interviewerMay require special assistance with language development, communication skills, learning social interactions, and environmental skillsD393939
41Cerebral Palsy Caused by damage to the immature brain Affects muscle tone and controlImpaired speechMay or may not affect intellectual functionMay need facilitated or assistive communication to be understoodD414141
42“Victims with Disabilities: The Forensic Interview” Dina discussing how she is treated by the publicMaria talking with JerryVIDEO #3 – 2’ 2”Scene is about 2 minutes; shows her difficulty producing clear speech and other effects of CP. She is not cognitively impaired and is Staff Advocate for Systems Change at the Westside Center for Independent Living (Los Angeles)D424242
43Understanding Spoken Communication What should you do if you have difficulty understanding the child?What are other reasons it might be difficult to understand the child and/or family members?FocusRepetitionClarificationAcknowlegement that speaker is used to having to repeat for persons new to them
44Summary of Developmental Disabilities Children with a developmental disability may be registered at a Community Developmental Disability Program (CDDP)Source of investigative information and witnessesDevelopmental disability may not affect intellectual functioning, speech, or languageD4444
45Learning Disabilities Typically, normal intellectual functioningMay effect cognition, memory, communication, and behaviorMay result in impaired ability to perceive receptive communication or produce expressive communicationHyperactivity and distractibility may co-occurD454545
46Deaf and Hard of Hearing 90% of deaf children have hearing parentsMost parents do not use sign languageMost deaf children rely on visual communication and ASL or other sign systemsEven under ideal circumstances, only a third of spoken information can be adequately understood.D464646
47Deaf and Hard of Hearing (Cont’d) Some use hearing aids, have a cochlear implant or use a service animal, such as a hearing dogNeed to use certified interpreters for interviewsD474747
48Mental IllnessInaccurate perception of surroundings or interpretation of communicationsAltered contact with realityHallucinations and delusionsNo relationship to retardation though can co-existSome conditions, but not all, respond to medicationLabeling issuesD484848
50Mental Illness (Cont’d) Onset age differs by type of illnessSchizophrenia—age 14 to 21Severe Depression and anxiety—age 7 or olderOthers usually before age 10First Responder may be first to recognizeAsk if child needs and has taken proper dose of medications at time of incident and prior to interviewingD505050
52Thoughts about LorenWhat special considerations might you have when approaching or planning an interview with Loren?
53Small Group ActivityRecall the 14 year old girl with mental retardation who lives in a group home.What are your values and beliefs as a child with a disability?What do others expect of you?
54Values and Beliefs of Children With Disabilities Not get others in troubleObey the rulesNot cause troubleObey those in chargeD545454
55Values and Beliefs of Children With Disabilities (Cont’d) Do not get angryAgree with peopleOther people’s opinions are important while yours are notDo not be assertiveD555555
56Differences in Understanding of Basic Concepts Concept of rights generally unknown to children who can’t hear (D/deaf) nor understand (have a developmental disability)Do not make their own decisions, persons in charge of them make decisions for themMay need to say that ___ (the person who is in charge of you) wants me to talk with youD565656
57Differences in Understanding of Basic Concepts (Cont’d) The Law is seldom understoodAgainst the Law may not be fully understoodChild may think that first responder is punishing them for reporting an assaultD575757
58Differences in Understanding of Basic Concepts (Cont’d) Abuse or AssaultConcept is unknownChild can describe what hurt them or made them feel badOften unaware that abuse is abnormalD585858
59Body Integrity Body may be touched for hygiene and therapy May affect sense of ownership of own bodyChild may be used to being touchedCannot set limits on contactMay be unaware that sexual contact by caregiver is unusual but may be able to understand that it is not okayD595959
60Module SummaryTake 2 minutes and identify 2 things you have learned in this module.P6060
631) The Americans with Disabilities act does not apply to children. FP & D63
642) There is a single definition of disability in federal Law
653) Accessibility to public services is guaranteed in federal law.
664) Dispatchers are prohibited from asking if a child abuse victim has a disability.
675) No federal law ensures education for children with disabilities.
686) Developmental Disability is a legal term defined in the Developmental Disabilities Act.
697) Laws pertaining to children apply to those with disabilities.
708) The purpose of the Individuals with Disabilities Education Act is to insure that children with disabilities receive a free and appropriate education (FAPE).T
719) Accessibility refers to more than the physical aspects of public service such as child protective services, police stations, and forensic interviewing centers.T
7210) If a child has a disability, when they reach the age of majority their parents retain legal authority for their care.F
73Americans with Disabilities Act (1990) The term “Qualified Individual with a Disability” under the ADA is defined as an individual who:Has a physical or mental impairment that substantially limits one or more of the major life activities of such individual;Has a record of such an impairment;Or is regarded as having such an impairmentP & D737373
74Key Components of the Americans with Disabilities Act All entities providing services to the public must be in compliance in their physical plant/offices; services; materials, employment, policies and practicesThe theme is that all that is used by members of the public must be equally accessible to members of the public who have qualified disabilities.P & D747474
75Americans with Disabilities Act Class Exercise – See handout P. 29 SETTINGSITUATIONACCOMMODATIONFIRST RESPONDERMEDICAL SETTINGPOLICE OR SHERIFF STATIONFORENSIC INTERVIEW CENTERCOURTMENTAL HEALTH TREATMENT SETTINGP & DD757575
76Physical Disabilities MotorMedicalSome children are “medically fragile”Complex medical conditions requiring extensive careMay suffer serious injury even with careful handling or movementIf child must be moved, must be done by trained professionalBe sure medications & medical equipment accompany themNeurologicalOrthopedicSensoryD767676
77Sensory Disabilities Visual: Blindness or low vision Hearing: Deaf or hard of hearingTouch: Touch sensitive or lack of sensitivity to painTaste: Impaired/heightened sense of tasteSmell: Impaired/heightened sense of smellD777777
78Visual Disability Most have some vision Most have received orientation and mobility (O & M) trainingDetermine how they readBraille?Large print?D787878
79Children in Special Education Special education under the Individuals with Disabilities Education Act (IDEA)Meetings, plans, experts, and conferences with minutes, agreements, and parental signatures to agreementIndividualized Education Program (IEP)P.LIndividualized Family Service Plan (IFSP)P.LD797979
80Children in Special Education When a child has an IEP, they may have a daily record prepared by the teacher or aideSent to child’s parent each daySeparate transportation systemPossible interpretersEarly Intervention - IFSP for Deaf/HH, Blind are provided by School DistrictsD808080
81Disability Service Centers Maintain and update information on Individual Program Plan (IPP)Medical issues and diagnosisSchoolHistorySpecial incidentsLegal involvementD818181
82Transporting Medically Fragile Individuals In most jurisdictions there is a special category in DCFS called “Medically Fragile Unit”These children with severe physical and mental disabilities require an array of equipment, medications and supplies for their survival which must accompany them if transport is required.Video Clip - Nick transported to hospitalFR Part 6 (0 -2’ 42”)CPS & D8282
90Call Out Do you participate in a child abuse MDT? What is its purpose? What are the benefits?Who are the members
91What disciplines need to be involved? Class ExerciseCase Scenario: Jessica is 8 years old. She has Down Syndrome. She returned from school on the special bus. She was crying, had a red mark on her face, and her clothing was disheveled. She was no longer wearing the underwear that she wore to school at 8 AM. She told her mother “man hurt me.” Jessica’s mother called the police and you have responded.What disciplines need to be involved?What will each do or provide in this case?All919191
92The Realities Many agencies, courts and systems are involved Overlapping responsibilities, varied rolesSources of needed expertiseInterviewingMDIT/MDICNeed to work together toMeet victim needsMake victims safeHold offenders accountableLE +929292
93Disciplines Required Forensic Interviewers Forensic nurse examiners (SANE, Certified in Developmental DisabilitiesInvestigators and DetectivesChild Protective Services
94Information sharing between professions/agencies Legal authority to share information between law enforcement (police/ sheriff), CPS, district attorney, schools, disability services agency, hospitals.How to locate this information in your state?LE +949494
96Shared Goals All members of the MDT share certain goals including: Meet victim needsStop the abuseMake the child saferHold offenders accountable
97Locating Local Resources How do you normally locate resources in your community?To add to your existing resources, this project will place information for your state on the Resource Center. This information has been collected by the Regional Technical Assistance Coordinator. You can add to this information online as well.
98Coordinated Response: Challenges to Collaboration Group Call out:Are there barriers or challenges to collaboration on these cases?What strategies have you used to overcome these barriers?How do you honor the limitations of confidentiality but get the work done?
99Module SummaryIn this module, the benefits and challenges of the Multidisciplinary Teams have been discussed, particularly in view of the child victim with a disability. Issues such as role of each team member, shared goals, and overcoming challenges were discussed.
100MODULE 6 Preliminary Investigation LE or CPS100100100
101Class Discussion: Safety Have you confronted dangerous situations in child abuse cases?Have you confronted dangerous child abuse situations where a child had a disability?LE or CPS101101101
102Class Exercise: Safety What are Sources of Danger in Cases of Abuse of Children with a Disability?LE & CPS102102
103Sources of Danger Location Victim Child with autism who is stressed Child with schizophreniaFamily MemberEspecially if fears arrest or removal of the childMaybe mentally ill or under the influenceEnvironmental sourcesDangerous animals, weapons, drugs, alcohol, suicidal intentResidents’ tactical advantageLE & CPS103103
104Class Exercise: Safety Working with your table partners, discuss and develop responses to this question:What Can You Do To Enhance Your Safety?LE & CPS104104
105Enhancing Safety - CPSMake sure agency knows where you are and when you plan to return.Check with law enforcementGo in pairs, not aloneBe aware of your environmentTake emergency phones or communication and have the preset to law enforcement communications (911)If you determine the situation may be dangerous LEAVE and call Law EnforcementLE & CPS105105
106Enhancing SafetyCheck for mental health flags and history of physical addressDetermine who is at the location and gather them togetherSeparate parties eye and earshotIf utilizing an interpreter, meet prior in separate locationKeep partner in viewHave animals removed from interior (not including service animals)Avoid complacency!CPS & LE106106106
107Practice Reminder: Consider safety at all times If you determine that a situation is dangerous for you, do you think it also might be dangerous for the child victim?Might it also be dangerous for the child’s interpreter or other support person?LE & CPS107
108Inaccurate and Pervasive False Beliefs that Interfere with the Case PD & LE108108
109Children with disabilities are more likely to make false allegations.
110Parents of children with disabilities understandably have more stress and should not be held “as” accountable for bad acts (including homicide).
114Role of First Responder Initially first responder mustGain control of sceneCheck for weapons and need for medical careDetermine if a crime occurred and who is the perpetratorProtective Services mustDetermine if child or other children in dangerWhat is needed to protect them.
115Role of First Responders Crime scenes are complex and the evidence can be quickly destroyed or lostThe first responder sets the stage for others who may have to deal with the child, witnesses, and suspect later onMay have to deal with family more than onceLE or CPS115115115
116Look Beyond the Call Other forms of abuse may be present There may be other victimsThe child with the disability may be singled out for abuse in the family or may be the only child not harmedIn institutions, there may be a predatorThe same victim may have been assaulted more than onceSame suspectOther suspectsLE or CPS116116116
117Look Beyond the Call (Cont’d) Are other crimes happening?Overlap among different kinds of abuse:Animal abuseFamily violenceSee Participant Manual p. 47LE & CPS117117
118The Preliminary Investigation: Role of First Responder Initially first responder mustGain control of sceneCheck for weapons and need for medical careDetermine if a crime occurred and who is the perpetratorProtective Services mustDetermine if child or other children in dangerWhat is needed to protect them.LE & CPS118118
119Sources of Evidence: Class Activity Class Exercise: Working with your table partners, make the most complete list possible of types of evidence that may exist in a case of possible abuse of a child with a disabilityYou have 3 minutes!LE or P119119
120Sources of EvidenceObtain as much background information as possible before response“Fresh complaint” witnessesPersons familiar with others in living settingOther victimsPatterns in the home and domestic violenceInternetLE or P120120120
121Sources of Evidence Many persons involved with the child May be witnesses or suspectsProviding information about:The child’s strengths and weaknessesChanges in demeanor or behaviorDocumentation of child’s progress, daily records, contactsThe child’s language skillsThe child’s developmental achievementsSeen injuriesHeard spontaneous statementsThey may have notes, photos, journalsLE or P121121121
122Sources Of Information About The Child And Their Disability Parents, teachers, coachesCare providersDisability expertsInternetCPS & LE122122
123Other Sources CPS open cases Prior calls to law enforcement Filed under the mother’s namePrior calls to law enforcementVan drivers, coaches, child care providers, teachers911 callsLE or P123123123
125Which of these is Accurate? 1. Under Crawford v. Washington, the use of a victim statement in court is greatly limited.True False2. After the decision in Crawford v. Washington, which of these statements is correct?a. Spontaneous statements/excited utterances are no longer admissibleb. Applies to statements made by crime victims to anyonec. Statements to medical personnel for treatment are admissibled. Only applies to adult victimsP125125125
126Crawford v Washington: The New Legal Framework Important case affecting admissibility of hearsay evidenceAnything offered for its truth during a trialDefendant has right to cross examine witnesses offering evidence against him/herRequires prosecutor to produce the witness to testify in court and be cross examinedProblems producing child abuse victims at trialP126126
127Crawford v Washington: Building Cases without the Victim Casual or off-handed remarks or informal commentsSpontaneous statements (to anyone)911 transcripts/statements/tapes when emergency is occurringStatements to law enforcement while emergency occurringP127127
128Crawford v. Washington (2004) United States Supreme Court (124 S. Ct. 1354)Only applies to criminal casesWitness statements which are testimonial in nature, including out of court statements and prior testimony, are inadmissible unlessDeclarant is unavailable; andDefendant had a prior opportunity to cross examine the declarantP128128128
129Crawford v Washington: Building Cases without the Victim (Cont’d) Business RecordsStatements in furtherance of a conspiracyDying DeclarationsStatements made to non governmental agents (e.g. friends, family and acquaintancesWho else knows?Who have you told?Have you received medical care?P129129
130Forfeiture by wrongdoing Rule does not apply if the witness is unavailable because of defendant’s intentional misconductIntimidationThreatsConduct must be proved by side using the statement
131Forfeiture by wrongdoing US Supreme Court says DV dynamics may be used to show intentional efforts to make victim unavailableDV dynamics of controlPrior efforts to prevent or dissuade victim from reporting or testifying
132Class ActivityWorking with your table partners, identify 2-3 ways to build strong cases in light of the Crawford case law which do not rely on the testimony of the child victim who has a disability
133Impact on Case Development Cannot rely on victim’s hearsay statement even if otherwise reliableVictim must testify more oftenNeed to find other sourcesWho else knows?Who has suspect told?Corroboration through medical sources, friends, family, financial records, and other non-governmental sourcesP133133133
134Impact on Case Development (Cont’d) Should still obtain and memorialize witness’s statementsContinue to videotape in case they can be usedStill valuable for review by expert witnessesStill admissible for non-hearsay purposes such as to prove suspect could not believe there was lawful consentRule of forfeitureP134134134
135Importance of Complete Documentation Importance of documentation and corroborationValue of video/audio tapingAll witnesses, including victimSpontaneous statementsWhat was said and who heard itDemeanorContext of statementLE or P135135135
136Is This A Spontaneous Statement/Excited Utterance? The suspect told me that his 5 year old niece (Becky) and his 3 year old nephew (Tommy) were present during the incident. I talked with Becky and she told me that ‘Johnny (suspect) slapped Mickey on the face’. I talked to Tommy who said “Johnny knocked Mickey down.”LE or P136136136
137Is This A Spontaneous Statement/Excited Utterance? Officer Smith reported interviewing Marianne, who is 6. “The whole time during my interview with Marianne she appeared frightened. She was shaking at the hands and kept looking at the front door of her house where her uncle, Robert, was. I asked her if she was afraid of Robert and she nodded her head ‘Yes’. She said that ‘…Robert grabbed me by the arm, pushed me into the wall, and said don’t tell anyone or he’d do it again…’”LE or P137137137
138People First Language“People First” language first identifies the individual, then, if needed, their disability.Language shows that a person HAS a disability, not IS a disability.Language is respectful and sensitive to, with and about individuals with disabilities.D138138
139Report Writing People first language Person with a disabilityPerson who uses a wheelchair not wheelchair- boundExperiences not suffers fromCondition not diseaseDo not use terms like handicapped, crippled, lame, dumb, or retard with or about a child with a disabilityRefer to Handout in Manual page xxxLE or P139139139
140Report Writing (Cont’d) As with all crime reports, describe behaviors and conduct, not conclusionsIf a person has mental retardation, describe their traits, behaviors, and language as they are observed rather than an assessment (not: “acts like a 2 year old”)If someone provides an opinion, include that information along with the source and context in which the remark was madeLE or P140140140
141Module SummaryConducting an effective preliminary investigation requires an understanding of the laws that will apply in the criminal justice system and emphasizes the need,to build a strong case from the beginning.There may be sources of evidence in these cases due to Special Education and other agency support.Documentation must adhere to ADA and People First principles as well as usual legal standards.LE & P141141
142Wrap Up & Evaluations Questions or comments about the content Post Test and Evaluations for those attending Day 1 onlyDay 2 begins promptly at 8:30 !!PD142142
143IMPROVING THE RESPONSE TO CHILD ABUSE VICTIMS WITH DISABILITIES A National Curriculum For First Responders, Forensic Interviewers and Allied Professionals Day 2143143143
144Welcome backNOTE: INSERT GRAPHIC HERE OF DRAWING OF CHILDREN USED IN PM, INCLUDING CHILD WITH A HELMET.PD144144
145Housekeeping Details Please put cell phones and pagers on vibrate There will be 2 breaks in the morning and afternoon and an hour for lunch (provided)Please return promptly from breaksLocation of restrooms and exitsSign-in/out sheets for CE creditsEmergency ExitsPD145145145
146MODULE 7Overview of Interviewing Children with Disabilities Who May Be Victims of AbuseCPS & LE146146
148Housekeeping Details Please put cell phones and pagers on vibrate Housekeeping DetailsPlease put cell phones and pagers on vibrateThere will be 2 breaks in the morning and afternoon and an hour for lunch (provided)Please return promptly from breaksLocation of restrooms and exitsSign-in/out sheets for CE creditsLocation of emergency exitsPD148148148
149Overview of Interviewing Children with Disabilities Who May Be Victims of Abuse
150What Is the Same?Interviews by first responders and forensic interviewers share many commonalities.
152TIPS FOR SUCCESSFULLY INTERVIEWING CHILDREN WITH DISABILITIES TIPS FOR SUCCESSFULLY INTERVIEWING CHILDREN WITH DISABILITIESHow to First Meet the Child?Depending on situation, law enforcement or CPS may introduce themselvesIf possible, may be preferable for child to be introduced to responder by a trusted parent or other individualReassures the child that the responsible person wants the child to talk to the responderCPS & LE152152152
153TIPS for SuccessUse language appropriate to age and developmental level of the childAllow periods of silenceAllow the child time to process and form their answersBe patientD153
154Asking About Abuse: Sample Questions Asking About Abuse: Sample QuestionsHow did it make your body feel?Has your body ever felt like that before?If no, what was different this time?If yes, tell me about that time? Where were you?Such questions can be answered by most children, including those with moderate mental retardationD154
155Class Exercise Refer to Chart on page 50 of the Participant Manual. Group 1: Complete the colum for first respondersGroup 2: complete the column for forensic interviewers
156Forensic Interviewers Differences between Interviews/ Interactions for First Responders and Forensic Interviewers.First RespondersForensic InterviewersPreparationSettingKnowledge of disabilityCommunication style of the childCPS & LELE or C156156156
157Goals of InterviewsFirst Responder - Determine if a crime has occurredForensicA Get details of crimeIdentify suspect(s)Identify victim(s)Identify witnessesIdentify possible evidenceLE or CPS157157157
158You as the first responder have responded Class ExerciseJessica is 8 years old. She has Down Syndrome. Today she returned from school on her special bus. She was crying, has a red mark on her face, and her outer clothing was disheveled. She was no longer wearing underwear. Jessica told her mother “man hurt me.” Her mother called the police.You as the first responder have respondedWorking with your table partners, assume that you will interview Jessica’s mother.Will you interview her before or after Jessica?What do you want to learn from her?Do you have any concerns about the mother?CPS & LE158158
160Class DiscussionAssume that you are the forensic interviewer in Jessica’s case What are the differences in what you will do or ask the mother?
161Interview Preparation All interviewers talk to other sources to learn.Child’s communication style and use of interpretive aids.Language for relevant acts or body partsSuggestions for most effective way to communicate with the childType and level of disability.CPS & LE161161
162Video: “Mikel’s Mother Note what the interviewer asks.Would you ask any other questions?
163Module SummaryInterviewing a child abuse victim with a disability will involve at least two interviews.The interviews share a number of commonalities.Interviewers benefit from first interviewing persons familiar with the child to learn about their disability and any communication or comprehension issues.
164MODULE 8 The Forensic Interview Pre-interview Considerations LE & CPS164
165Class Discussion: Pre-Interview Coordination When are Pre-interview coordination meetings generally conducted?Who is included?What is the purpose?What is different when the child has a disability?LE & CPS165165
167Class Exercise: Working with your assigned table partners: Class Exercise:Working with your assigned table partners:Identify how that consideration would affect an interview with a child with a disability. Write answers on flip chart.Refer to your chart in the Participant Manual page xxD167
168Logistics Review Position yourself across from the child Logistics ReviewPosition yourself across from the childSome persons lip readPosition yourself at the child’s levelConsider letting the child decide where to sit and then move to that levelPersonal space may be different for a child with a disabilityAsk care providerD168
169Logistics Review (Cont’d) Logistics Review (Cont’d)Touching is discouragedMay be “touch toxic”May be similar to suspect’s contactLightingCan be painful (fluorescent lighting—autism, ADHD, ADD)Inadequate for persons with visual or hearing disabilitiesD169169169
170Handling Distractions Every effort should be made to avoid distractions such as noise, foot traffic, sounds inside the room (phones, clocks, P.A. systems, police radio, pagers, cell phones) or outside ( other people’s voices).
174Different Types of Assistive Communication Devices and Services What have you seen used?ASLFC: board and computerized devicesVRSSkills of interviewer:PatienceBecoming familiar with modalityUse standard interpreter skills, directing attention to the child (not interpreter or device)Ensuring authenticity of child’s communicationD174174
175Facilitated Communication FormsCommunication BoardsBook or Mechanical Device (computer) to point to letters, words, or picturesSome children need a facilitator to use the communication board or keyboardFor court, may need 2 separate interviews with a different facilitator who has no contact with otherD175175175
176STOP eat hurt woman man bathroom GO Q W E R T Y U I O PA S D F G H J K LZ X C V B N M , ?STOP eat hurt woman man bathroom GOLATER OK girl boy like don’t like NOWNO & or YES176
177Use of Interpreters in Responding to Abuse Of Children With Disabilities
178Ethical Issues and Standards of Care Use of Interpreters in Responding to Abuse Of Children With DisabilitiesEthical Issues and Standards of CareSee Participant Manual for GuidelinesD178178178
179Use of Interpreters Best to use RID Certified (Code of Conduct) Interpreters adhere to standards of confidential communication.Interpreters possess the professional skills and knowledge required for the specific interpreting situation.Interpreters conduct themselves in a manner appropriate to the specific interpreting situation.D179179179
180Use of Interpreters Interpreters demonstrate respect for consumers. Interpreters demonstrate respect for colleagues, interns, and students of the profession.Interpreters maintain ethical business practices.Interpreters engage in professional development.Consider child’s safety and confidentiality and if certain persons may compromise itD180180180
181Use of InterpretersMost types of interpretation are accepted by the Deaf and hard of hearing communityQualified and Certified Sign Language interpreters are required for:Deaf and hard of hearing individuals,Children who are both deaf and blindHaving a list of qualified sign language interpreters or an MOU with an interpreter service agency will provide the quickest response to a scene.
183Class DiscussionWhat are the benefits and concerns when using family and household members as interpreters for a child abuse victim who has a disability?
184Use of Family and Household Members as Interpreters Do not use people connected to child victim unless emergency situationMay be offender or allied with offenderMay also be victimMay inhibit child from complete disclosureNot familiar with forensic considerationsD184184184
185Use of Family and Household Members as Interpreters May use a family member whenExigent circumstancesIt is determined that child is only understood by family because of unique communicationIf you must use a family memberFully brief on your expectationsDebrief them afterwards, never use children to interpretD185185185
186Module SummaryConducting an interview with a child with a disability requires careful planning and preparation.Does the child’s disability change how the interview is conductedInterviewer must understand the technology and/or facilitated communicationMust assure that the child’s information is correctly communicated and understood
188Interviewing FlowRefer to “Interview Tips” Handout in your Participant Manual page xx.
189Class Activity Handout: Scenarios for Interviewing Segments Work with your team and assigned scenario to model effective rapport buildingYou will model your approach in a 2-3 minute class presentationLE & CPS189189
190Building RapportAs in any child abuse interview, the responder or interviewer will introduce him or herself, describe the purpose of the interview, and set the child at ease through use of strategies such as physical positioning, tone of voice, pace of speech, allowing plenty of time for the child to respond. A good technique to use is to ask about things that the child can likely easily answer and that are pleasant such as pets, favorite activities, colors, etc.
191Build Rapport Ask the child to talk about themselves Their interests Assess their ability to respond, pacing, speed and delaysMatch your pacing and speed to themUse age and developmental level language appropriate to the childPlain EnglishLE or CPS191191191
192Reassure they have done nothing wrong Suggested Strategies to Overcome Resistance, Fear, or Lack of UnderstandingReassure they have done nothing wrongEncourage them to talk and be accurateThey are not in trouble with you if they talk to youYou are there to helpYou want the child to be safeLE or CPS192192192
193You are here to listen and want to know what happened Suggested Strategies to Overcome Resistance, Fear, or Lack of Understanding (Cont’d)You are here to listen and want to know what happenedConsider asking the child about their feelings about what happenedFeelings may lead to talking about behaviorThey are brave for talkingLE or CPS193193193
194Do not attempt to educate on illegal or improper sexual contact Suggested Strategies to Overcome Resistance, Fear, or Lack of Understanding (Cont’d)Do not express a judgment about the contact with the child when eliciting information about the contactDo not attempt to educate on illegal or improper sexual contactMake sure child knows what will happen is because of what suspect did, not their telling youLE or CPS194194194
195VideosVideo #7 - Victims with disabilities: The forensic interview Clip of Loren with Diana – 1’ 16”Discussion:How did the forensic interview build rapport?Was she effective?LE & CPS195195195
196Role of Cultural Identity 14 year old Muslim boy with mild mental retardation and suspicion of sexual abuse by a family member16 year old boy who identifies as gay disclosed abuse by school employee. He has a diagnosis of autism12 year old girl, physically abused by babysitter. She has moderate mental retardation, parents are immigrants from Guatemala7 year old girl with cerebral palsy disclosed sexual abuse by physical therapist. Her family emigrated from China 3 yrs ago.15 year old Native American girl who is Deaf disclosed sexual abuse by school staffD & P196196
197Presence of a support person In this state what are the laws and practices regarding the child having a support person present during the forensic interview?D & P197197
198State specific law on support person Who can qualify as a support person?At what points along the criminal justice system and/or child protection system can this person be present?What are the advantages and disadvantages to having a support person?D & P198198
199Advantages of a Support Person Reassure the child and create sense of safetyMay be the only one able to communicate with or interpret child’s communicationCan identify persons named by the childObtain additional information from the support personLE or CPS199199199
200Disadvantages of a Support Person Individual may be a perpetratorMay be colluding with the perpetratorChild may be embarrassed to speak freely with this person presentChild’s answers may be influenced by the presence of this personLoss of confidentialityLE or CPS200200200
201Recording the Interview Using age and developmentally appropriate language the child should be informed of the taping and purpose for taping at beginning of interviewTell child who will see the videotapeExplain utility to reduce re-interviewingWhen child uses ASL or FC or other assistive technology two cameras are required.LE or CPS201201201
202Class Exercise: Return to your scenario and work with your partners Class Exercise: Return to your scenario and work with your partners. Develop answers to the questions on the next slide.
203Class Exercise: Eliciting or Facilitating Disclosures What are the 5 most effective questions to ask to help the child tell their story.What are the 5 most overlooked questions to ask to help the child tell their story?What specific questions will you ask about the abuse?What questions will you ask to establish the child’s competency?See Participant Manual page xx
204Questioning Protocol Open ended questions are preferable If child cannot answer open ended questions, ask more narrowly tailored questionsLater verify responses by asking question again or by asking it in reverseIf all else fails, ask yes-no questionsThen attempt to clarify information and add detailLE or CPS204204204
205The TruthAsk questions about which the responder knows the answer such as family, friends, school.Ask questions about colors or objects the child can nameUse concrete examples not abstract conceptsUse humor and concern for the childLE or P205205
206Establishing legal competency At beginning of interview describe to child what to expectAssure child is it OK not to know the answers to all your questionsAsk questions that allow child to tell you about things you can verifyLE or P206206206
207Class Exercise: Use of Tools Call out: How many of you use tools during your interviews to help a child describe what happened?What tools do you use?
208Use of Anatomically Detailed Dolls Using dolls or other human-like figures (teddy bears, etc) to enhance communication and ease child’s difficulty with saying what was touched and where and how. Use only items provided by interviewer Use of anatomically detailed dolls should be reserved for those who have completed training in their use. See Manual for link to Guidelines for use of Anatomically Detailed dollsD or PD208208
209Ending the Interview Class Exercise: Call out What is the importance of the way the interview ends?How would you end the interview?Are there specific areas you believe you should cover prior to ending the interview?
210Module SummaryThis section addressed several critical aspects of the interview including building rapport, overcoming barriers to the interview, facilitating the child’s participation in the interview and the importance of closing out the interview in a way that leaves the child feeling positive about the interaction.
212Class ActivityWorking with your assigned situation develop a list of reasons for the child’s behavior and identify strategies to overcome that behavior to conduct the forensic interviewGroup 1: Child appears to be “non verbal”Group 2: Child resists or refuses to interact with the interviewerGroup 3: Child is very activeGroup 4: Child has a unique communication styleGroup 5: Child changes information from first disclosure (more, less, different account)P212212
213Children Who Appear “Non Verbal” Children Who Appear “Non Verbal”Determine what this meansMay not have identifiable method of communicationRely on reports of others and behavioral changesMay need assistance of an expertTailor questions to communication abilityAny213213213
214Child Resists Interaction with Interviewer Summary of effective communication methodsChild Resists Interaction with InterviewerPossible reasons and strategies to overcome?Culture“Bad Day” for the child or is pressuredThreats may have been made to the childChild’s experiences after disclosureSeparated from familyWith or separated from siblingsAny214214214
215Child is Very Active Possible reasons : Child could be nervous Child is Very ActivePossible reasons :Child could be nervousDisability may include anxietyEmbarrassment or shameResistance to getting someone in troubleStrategies to overcome:Change interviewer, reschedule, change topic, ask child about fearsChange support personAny215215215
216Child Has Unique Form of Communication Only one person can interpret for childWhat is this person’s relationship to the child and suspect?If person is non-offending parent, what is child’s feeling toward this parent?Possible alignment with perpetrator and against non-offending parentAny216216
217Child Changes Disclosure Details Story is now more, less or differentHas child now been removed from family?Was child traumatized by removal or actions with or after First Response?Changes in medicationThreats or intimidationEarlier fears are now realizedAny217217
218Children Who Say “Nothing Happened” Child denies anything happened, “takes back” earlier reportMaintain open mind to all possibilitiesWhat if someone wanted to get the family in trouble?Leave door open to further interactionImportance of ending interview properlyBe careful about measuring your success as getting a disclosureAny218218
219“Roma”What lessons do we learn from Roma’s experience?D219219
220Wrap Up and EvaluationQuestions/answers and discussion on content from coursePost TestEvaluationsPD220220
221Ongoing Contact With Us There is ongoing support and information available online at any time.Our Online Resource Center is designed to serve each of the states in which this training is being conducted.The RTACs have developed information for your State on many issues.You are invited to contact your State Coordinator, the Faculty and Advisory Board through a child abuse forum.You are invited to join the listserv at abuse.com;and its 700 members.221
222Thank You! Project Director, Robert Geffner Instructional Team Dr. Nora Baladerian,Candace Heisler,Michael Hertica,Gerald Stone,
224“Rain Man”, 1988, MGM VIDEO #2 – 4’ 8” Note Raymond’s behaviors with increasing stress and social pressuresVIDEO #2 – 4’ 8”Scene where Raymond is pressured by brother to get on an airplane. Raymond shows increasing stress and pressure through screaming and self hitting. Also note his in depth knowledge of plane crashes (not unusual for there to be one subject of special knowledge); speech pattern; awareness of own routine and efforts to assure that schedule is met.D224224224
225Child Abuse Reporting Law Now Mandated reportersIn-home Support Services (IHSS)Court Appointed Special Advocates (CASA) VolunteersIntentional Concealment of Report by Mandated Reporter a continuing offense until discovery by county probation or welfare agency, or law enforcement agencyP225225225
226Child Abuse Reporting Law (Cont’d) Substantiated report standard “evidence that makes it more likely than not that child abuse or neglect occurred”DOJ required to provide information from the State Child Abuse Central Index to law enforcement, county probation and welfare agenciesP226226226
227Dependent Person Dependant Person (EC-177 – CA example) Any age with physical or mental impairmentSubstantially restricts ability to carry out normal activities or protected rights.Special ProceduresCourtroom proceduresJury Instructions227227