Welcome. 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.

IMPROVING THE RESPONSE TO CHILD ABUSE VICTIMS WITH DISABILITIES A National Curriculum For First Responders, Forensic Interviewers and Allied Professionals 2 2 2

Module 1 Introductions Who we are: A Multidisciplinary Team: Disability Specialist, Prosecutor, Law Enforcement, Child Protective Services, Project Director Who you are Do investigations? Conduct forensic interviews? Experience working on cases of abuse involving children with disabilities PD 3 3 3

Housekeeping 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 breaks Location of restrooms and exits Sign-in/out sheets for CE credits Emergency Exits PD 4 4 4

Video: People with Disabilities (FI DVD)

Why This Training… Our Increasing Awareness Heightened vulnerability of the population Recognition of needs of population Improved effectiveness Agency liability Perceived fear of handling these calls PD & CPS 6 6 6

Disclaimer Because 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.

Course Objectives Improve understanding of disabilities Improve investigative skills for building cases Increase legal knowledge Develop more effective response techniques Improve forensic interviewing skills for these cases Support Multidisciplinary Team work in these cases P 8 8 8

Course Agenda Introduction Common Held Beliefs About Children with Disabilities Overview of Disabilities Legal Update and Disabilities Multidisciplinary Response Preliminary Investigation Overview of Interviewing of Children with Disabilities The Forensic Interview Conducting the Interview Complex Situations P 9 9 9

Participant Manual Follow the Modules Sections by Module contain relevant materials, activities, and space for your notes PowerPoint slides are in a separate section Supplemental materials are provided beginning at page ___

The First Responder Can Make or Break a Case! 11 11 11

People with Disabilities United States Total 54 million Children 6 million Many 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 disability 12 12 12

Population Statistics of Children and Adults with Disabilities STATE SPECIFIC DATA

Prevalence 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 problem D 14 14 14

Summary There are significant numbers of children with disabilities. However under-representation both in population surveys and reporting of abuse statistics convey lower than actual numbers.

MODULE 2 Commonly Held Beliefs and Case Challenges when Handling Cases of Children with Disabilities Who Are Victims of Abuse LE & CPS 16 16

Small 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 & CPS 17 17

Common Beliefs Have multiple disabilities Are asexual Are unable to Understand and learn Feel Feel pain Cannot distinguish truth from fantasy Are unable to reliably, effectively communicate Participant Manual page 14 Refer to Participant Manual D 18 18 18

Children With Disabilities Most children with disabilities have a single disability Have the same sex drives as their peers Have less information about sexuality Often have no prior sex education D 19 19 19

Children With Disabilities (cont’d) Similar to other children: can be accurate historians and reporters a similar ability as other children to know the difference between truth and untruth a range of abilities within any disability type We cannot generalize about children with disabilities, or the type, severity, or number of disabilities present D 20 20 20

Case Difficulties & Challenges See Chart, Module 2, Page xx

Common Reactions to Persons With Disabilities Dread Embarrassment Shame Pity Disbelieve, disregard and discount Dehumanize D 22 22 22

Significance of Beliefs Can make them more of a target for victimization Can make us less effective in handling crimes against them What may look like threatening conduct may be behaviors associated with a disability Importance of distinguishing a disability from suspicious conduct D 23 23 23

OVERVIEW OF DISABILITIES MODULE 3 OVERVIEW OF DISABILITIES

TYPES OF DISABILITIES Developmental Learning Sensory Mental Illness: Psychiatric and Psychological Disorders Physical Communication Hidden disabilities/not apparent D 25

Developmental Disability Legal, not medical term Provides standard for eligibility to use Case management, intervention, and support services for life Each state has it’s own definition Video – Examples of Disabilities; Brothers with Father (FR Part 3, Chapter 4, 17:18 - 20:28) D 26 26 26

Developmental 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

Developmental Disability - State Law 28

Developmental Disability - State Law 29 29

Mental Retardation Affects ability to learn Condition does not change Significant variation within and across IQ categories Borderline 70-85 Mild 55-69 Moderate 40-54 Severe 21-39 Profound 5-20 Many children with mental retardation can effectively communicate and reliably recall D 30 30 30

Class Exercise You are 14 years old with moderate mental retardation living in a group home. How is your world different from your age peers without disabilities? P 31 31

Issues for Children with Disabilities Privacy is greatly reduced or non-existent Expectations for achievement and adult life are reduced Obedience and passivity are rewarded Negative attitudes, ridicule, being ignored are common Few friendships with typically developing age peers resulting in social isolation Difficulty 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.

Values and Beliefs Video #4 - Jason helping police as a crime witness 4’ 31” D 33

Class Exercise How 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

Differences 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 parents Using this information in rapport building, using examples from their real life experience; vocabulary choices.

Class 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.

Autism Spectrum Disorders Includes: Autism Asperger’s PDD-NOS Rett’s Cause unknown, usually diagnosed by age 3 Deficits in reciprocal social interaction skills IQ ranges between severe disability and extremely bright D 37 37 37

Autism Common Behaviors Behaviors may increase with stress Rocking, vocalizing grunts, noises, humming, tics Hand wringing Hyperactive, fidgety Flat affect (feelings not connected with expression) Echolalic speech (repeating what you say) May not look you in the eyes Unusual responses to sensory input (visual, auditory, touch, smell, taste) Behaviors may increase with stress Need consistent and familiar environment D 38 38 38

Autism (Cont’d) May need more time to process questions May require more distance between themselves and interviewer May require special assistance with language development, communication skills, learning social interactions, and environmental skills D 39 39 39

VIDEO: Liam

Cerebral Palsy Caused by damage to the immature brain Affects muscle tone and control Impaired speech May or may not affect intellectual function May need facilitated or assistive communication to be understood D 41 41 41

“Victims with Disabilities: The Forensic Interview” Dina discussing how she is treated by the public Maria talking with Jerry VIDEO #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) D 42 42 42

Understanding 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? Focus Repetition Clarification Acknowlegement that speaker is used to having to repeat for persons new to them

Summary of Developmental Disabilities Children with a developmental disability may be registered at a Community Developmental Disability Program (CDDP) Source of investigative information and witnesses Developmental disability may not affect intellectual functioning, speech, or language D 44 44

Learning Disabilities Typically, normal intellectual functioning May effect cognition, memory, communication, and behavior May result in impaired ability to perceive receptive communication or produce expressive communication Hyperactivity and distractibility may co-occur D 45 45 45

Deaf and Hard of Hearing 90% of deaf children have hearing parents Most parents do not use sign language Most deaf children rely on visual communication and ASL or other sign systems Even under ideal circumstances, only a third of spoken information can be adequately understood. D 46 46 46

Deaf and Hard of Hearing (Cont’d) Some use hearing aids, have a cochlear implant or use a service animal, such as a hearing dog Need to use certified interpreters for interviews D 47 47 47

Mental Illness Inaccurate perception of surroundings or interpretation of communications Altered contact with reality Hallucinations and delusions No relationship to retardation though can co-exist Some conditions, but not all, respond to medication Labeling issues D 48 48 48

Mental Illness (Cont’d) Schizophrenia Bipolar Disorder Depression Post Traumatic Stress Disorder (PTSD) Obsessive Compulsive Disorder (OCD) D 49 49 49

Mental Illness (Cont’d) Onset age differs by type of illness Schizophrenia—age 14 to 21 Severe Depression and anxiety—age 7 or older Others usually before age 10 First Responder may be first to recognize Ask if child needs and has taken proper dose of medications at time of incident and prior to interviewing D 50 50 50

Video: Loren

Thoughts about Loren What special considerations might you have when approaching or planning an interview with Loren?

Small Group Activity Recall 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?

Values and Beliefs of Children With Disabilities Not get others in trouble Obey the rules Not cause trouble Obey those in charge D 54 54 54

Values and Beliefs of Children With Disabilities (Cont’d) Do not get angry Agree with people Other people’s opinions are important while yours are not Do not be assertive D 55 55 55

Differences 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 them May need to say that ___ (the person who is in charge of you) wants me to talk with you D 56 56 56

Differences in Understanding of Basic Concepts (Cont’d) The Law is seldom understood Against the Law may not be fully understood Child may think that first responder is punishing them for reporting an assault D 57 57 57

Differences in Understanding of Basic Concepts (Cont’d) Abuse or Assault Concept is unknown Child can describe what hurt them or made them feel bad Often unaware that abuse is abnormal D 58 58 58

Body Integrity Body may be touched for hygiene and therapy May affect sense of ownership of own body Child may be used to being touched Cannot set limits on contact May be unaware that sexual contact by caregiver is unusual but may be able to understand that it is not okay D 59 59 59

Module Summary Take 2 minutes and identify 2 things you have learned in this module. P 60 60

Take ADA Quiz on P. 28 of your manual

Module 4 Legal Update P & D 62

1) The Americans with Disabilities act does not apply to children. F P & D 63

2) There is a single definition of disability in federal Law

3) Accessibility to public services is guaranteed in federal law.

4) Dispatchers are prohibited from asking if a child abuse victim has a disability.

5) No federal law ensures education for children with disabilities.

6) Developmental Disability is a legal term defined in the Developmental Disabilities Act.

7) Laws pertaining to children apply to those with disabilities.

8) The purpose of the Individuals with Disabilities Education Act is to insure that children with disabilities receive a free and appropriate education (FAPE). T

9) Accessibility refers to more than the physical aspects of public service such as child protective services, police stations, and forensic interviewing centers. T

10) If a child has a disability, when they reach the age of majority their parents retain legal authority for their care. F

Americans 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 impairment P & D 73 73 73

Key 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 practices The 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 & D 74 74 74

Americans with Disabilities Act Class Exercise – See handout P. 29 SETTING SITUATION ACCOMMODATION FIRST RESPONDER MEDICAL SETTING POLICE OR SHERIFF STATION FORENSIC INTERVIEW CENTER COURT MENTAL HEALTH TREATMENT SETTING P & D D 75 75 75

Physical Disabilities Motor Medical Some children are “medically fragile” Complex medical conditions requiring extensive care May suffer serious injury even with careful handling or movement If child must be moved, must be done by trained professional Be sure medications & medical equipment accompany them Neurological Orthopedic Sensory D 76 76 76

Sensory Disabilities Visual: Blindness or low vision Hearing: Deaf or hard of hearing Touch: Touch sensitive or lack of sensitivity to pain Taste: Impaired/heightened sense of taste Smell: Impaired/heightened sense of smell D 77 77 77

Visual Disability Most have some vision Most have received orientation and mobility (O & M) training Determine how they read Braille? Large print? D 78 78 78

Children 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 agreement Individualized Education Program (IEP) P.L. 108-446 Individualized Family Service Plan (IFSP) P.L. 99-457 D 79 79 79

Children in Special Education When a child has an IEP, they may have a daily record prepared by the teacher or aide Sent to child’s parent each day Separate transportation system Possible interpreters Early Intervention - IFSP for Deaf/HH, Blind are provided by School Districts D 80 80 80

Disability Service Centers Maintain and update information on Individual Program Plan (IPP) Medical issues and diagnosis School History Special incidents Legal involvement D 81 81 81

Transporting 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 hospital FR Part 6 (0 -2’ 42”) CPS & D 82 82

Legislative Update Child Abuse Laws State Specific P 83 83 83

Child Abuse Legal Update

Child Abuse Legal Update

Child Abuse Legal Update

Child Abuse Legal Update

Summary of Module This module reviewed the ADA and new child abuse legislation, as applied to case building.

MODULE 5 Multidisciplinary Responses All 89 89 89

Call Out Do you participate in a child abuse MDT? What is its purpose? What are the benefits? Who are the members

What disciplines need to be involved? Class Exercise Case 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? All 91 91 91

The Realities Many agencies, courts and systems are involved Overlapping responsibilities, varied roles Sources of needed expertise Interviewing MDIT/MDIC Need to work together to Meet victim needs Make victims safe Hold offenders accountable LE + 92 92 92

Disciplines Required Forensic Interviewers Forensic nurse examiners (SANE, Certified in Developmental Disabilities Investigators and Detectives Child Protective Services

Information 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 + 94 94 94

Benefits of A Coordinated Response 95 95 95

Shared Goals All members of the MDT share certain goals including: Meet victim needs Stop the abuse Make the child safer Hold offenders accountable

Locating 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.

Coordinated 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?

Module Summary In 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.

MODULE 6 Preliminary Investigation LE or CPS 100 100 100

Class 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 CPS 101 101 101

Class Exercise: Safety What are Sources of Danger in Cases of Abuse of Children with a Disability? LE & CPS 102 102

Sources of Danger Location Victim Child with autism who is stressed Child with schizophrenia Family Member Especially if fears arrest or removal of the child Maybe mentally ill or under the influence Environmental sources Dangerous animals, weapons, drugs, alcohol, suicidal intent Residents’ tactical advantage LE & CPS 103 103

Class Exercise: Safety Working with your table partners, discuss and develop responses to this question: What Can You Do To Enhance Your Safety? LE & CPS 104 104

Enhancing Safety - CPS Make sure agency knows where you are and when you plan to return. Check with law enforcement Go in pairs, not alone Be aware of your environment Take 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 Enforcement LE & CPS 105 105

Enhancing Safety Check for mental health flags and history of physical address Determine who is at the location and gather them together Separate parties eye and earshot If utilizing an interpreter, meet prior in separate location Keep partner in view Have animals removed from interior (not including service animals) Avoid complacency! CPS & LE 106 106 106

Practice 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 & CPS 107

Inaccurate and Pervasive False Beliefs that Interfere with the Case PD & LE 108 108

Children with disabilities are more likely to make false allegations.

Parents of children with disabilities understandably have more stress and should not be held “as” accountable for bad acts (including homicide).

Parental Alienation Syndrome

Allegations Of Child Abuse CONFIRMED, FOUNDED, SUBSTANTIATED (30-52%) PROBABLY TRUE   UNSUBSTANTIATED, UNCONFIRMED, NOT ABLE TO BE PROVEN (30-45%) PROBABLY NOT TRUE UNFOUNDED (2-12%) - - [Misperceived (6-10%), False (2-5%)] Participant Manual Handout Page xx PD & LE 112

Role of the First Responder

Role of First Responder Initially first responder must Gain control of scene Check for weapons and need for medical care Determine if a crime occurred and who is the perpetrator Protective Services must Determine if child or other children in danger What is needed to protect them.

Role of First Responders Crime scenes are complex and the evidence can be quickly destroyed or lost The first responder sets the stage for others who may have to deal with the child, witnesses, and suspect later on May have to deal with family more than once LE or CPS 115 115 115

Look Beyond the Call Other forms of abuse may be present There may be other victims The child with the disability may be singled out for abuse in the family or may be the only child not harmed In institutions, there may be a predator The same victim may have been assaulted more than once Same suspect Other suspects LE or CPS 116 116 116

Look Beyond the Call (Cont’d) Are other crimes happening? Overlap among different kinds of abuse: Animal abuse Family violence See Participant Manual p. 47 LE & CPS 117 117

The Preliminary Investigation: Role of First Responder Initially first responder must Gain control of scene Check for weapons and need for medical care Determine if a crime occurred and who is the perpetrator Protective Services must Determine if child or other children in danger What is needed to protect them. LE & CPS 118 118

Sources 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 disability You have 3 minutes! LE or P 119 119

Sources of Evidence Obtain as much background information as possible before response “Fresh complaint” witnesses Persons familiar with others in living setting Other victims Patterns in the home and domestic violence Internet LE or P 120 120 120

Sources of Evidence Many persons involved with the child May be witnesses or suspects Providing information about: The child’s strengths and weaknesses Changes in demeanor or behavior Documentation of child’s progress, daily records, contacts The child’s language skills The child’s developmental achievements Seen injuries Heard spontaneous statements They may have notes, photos, journals LE or P 121 121 121

Sources Of Information About The Child And Their Disability Parents, teachers, coaches Care providers Disability experts Internet CPS & LE 122 122

Other Sources CPS open cases Prior calls to law enforcement Filed under the mother’s name Prior calls to law enforcement Van drivers, coaches, child care providers, teachers 911 calls LE or P 123 123 123

A Framework for Case Building

Which of these is Accurate? 1. Under Crawford v. Washington, the use of a victim statement in court is greatly limited. True False 2. After the decision in Crawford v. Washington, which of these statements is correct? a. Spontaneous statements/excited utterances are no longer admissible b. Applies to statements made by crime victims to anyone c. Statements to medical personnel for treatment are admissible d. Only applies to adult victims P 125 125 125

Crawford v Washington: The New Legal Framework Important case affecting admissibility of hearsay evidence Anything offered for its truth during a trial Defendant has right to cross examine witnesses offering evidence against him/her Requires prosecutor to produce the witness to testify in court and be cross examined Problems producing child abuse victims at trial P 126 126

Crawford v Washington: Building Cases without the Victim Casual or off-handed remarks or informal comments Spontaneous statements (to anyone) 911 transcripts/statements/tapes when emergency is occurring Statements to law enforcement while emergency occurring P 127 127

Crawford v. Washington (2004) United States Supreme Court (124 S. Ct. 1354) Only applies to criminal cases Witness statements which are testimonial in nature, including out of court statements and prior testimony, are inadmissible unless Declarant is unavailable; and Defendant had a prior opportunity to cross examine the declarant P 128 128 128

Crawford v Washington: Building Cases without the Victim (Cont’d) Business Records Statements in furtherance of a conspiracy Dying Declarations Statements made to non governmental agents (e.g. friends, family and acquaintances Who else knows? Who have you told? Have you received medical care? P 129 129

Forfeiture by wrongdoing Rule does not apply if the witness is unavailable because of defendant’s intentional misconduct Intimidation Threats Conduct must be proved by side using the statement

Forfeiture by wrongdoing US Supreme Court says DV dynamics may be used to show intentional efforts to make victim unavailable DV dynamics of control Prior efforts to prevent or dissuade victim from reporting or testifying

Class Activity Working 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

Impact on Case Development Cannot rely on victim’s hearsay statement even if otherwise reliable Victim must testify more often Need to find other sources Who else knows? Who has suspect told? Corroboration through medical sources, friends, family, financial records, and other non-governmental sources P 133 133 133

Impact on Case Development (Cont’d) Should still obtain and memorialize witness’s statements Continue to videotape in case they can be used Still valuable for review by expert witnesses Still admissible for non-hearsay purposes such as to prove suspect could not believe there was lawful consent Rule of forfeiture P 134 134 134

Importance of Complete Documentation Importance of documentation and corroboration Value of video/audio taping All witnesses, including victim Spontaneous statements What was said and who heard it Demeanor Context of statement LE or P 135 135 135

Is 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 P 136 136 136

Is 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 P 137 137 137

People 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. D 138 138

Report Writing People first language Person with a disability Person who uses a wheelchair not wheelchair- bound Experiences not suffers from Condition not disease Do not use terms like handicapped, crippled, lame, dumb, or retard with or about a child with a disability Refer to Handout in Manual page xxx LE or P 139 139 139

Report Writing (Cont’d) As with all crime reports, describe behaviors and conduct, not conclusions If 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 made LE or P 140 140 140

Module Summary Conducting 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 & P 141 141

Wrap Up & Evaluations Questions or comments about the content Post Test and Evaluations for those attending Day 1 only Day 2 begins promptly at 8:30 !! PD 142 142

IMPROVING THE RESPONSE TO CHILD ABUSE VICTIMS WITH DISABILITIES A National Curriculum For First Responders, Forensic Interviewers and Allied Professionals Day 2 143 143 143

Welcome back NOTE: INSERT GRAPHIC HERE OF DRAWING OF CHILDREN USED IN PM, INCLUDING CHILD WITH A HELMET. PD 144 144

Housekeeping 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 breaks Location of restrooms and exits Sign-in/out sheets for CE credits Emergency Exits PD 145 145 145

MODULE 7 Overview of Interviewing Children with Disabilities Who May Be Victims of Abuse CPS & LE 146 146

Welcome Back Any New Participants Name Discipline

Housekeeping Details Please put cell phones and pagers on vibrate 148148148148148148 Housekeeping 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 breaks Location of restrooms and exits Sign-in/out sheets for CE credits Location of emergency exits PD 148 148 148

Overview of Interviewing Children with Disabilities Who May Be Victims of Abuse

What Is the Same? Interviews by first responders and forensic interviewers share many commonalities.

Summary Refer to Participant Manual page XXX

TIPS FOR SUCCESSFULLY INTERVIEWING CHILDREN WITH DISABILITIES 152152152152152152 TIPS FOR SUCCESSFULLY INTERVIEWING CHILDREN WITH DISABILITIES How to First Meet the Child? Depending on situation, law enforcement or CPS may introduce themselves If possible, may be preferable for child to be introduced to responder by a trusted parent or other individual Reassures the child that the responsible person wants the child to talk to the responder CPS & LE 152 152152

TIPS for Success Use language appropriate to age and developmental level of the child Allow periods of silence Allow the child time to process and form their answers Be patient D 153

Asking About Abuse: Sample Questions 154154154154154154 Asking About Abuse: Sample Questions How 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 retardation D 154

Class Exercise Refer to Chart on page 50 of the Participant Manual. Group 1: Complete the colum for first responders Group 2: complete the column for forensic interviewers

Forensic Interviewers 156156156156156156 Differences between Interviews/ Interactions for First Responders and Forensic Interviewers. First Responders Forensic Interviewers Preparation Setting Knowledge of disability Communication style of the child CPS & LE LE or C 156 156156

157157157157157157 Goals of Interviews First Responder - Determine if a crime has occurred Forensic A Get details of crime Identify suspect(s) Identify victim(s) Identify witnesses Identify possible evidence LE or CPS 157 157157

You as the first responder have responded 158158158158158158 Class Exercise Jessica 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 responded Working 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 & LE 158 158

Group Reports

Class Discussion Assume that you are the forensic interviewer in Jessica’s case. What are the differences in what you will do or ask the mother?

Interview Preparation All interviewers talk to other sources to learn. Child’s communication style and use of interpretive aids. Language for relevant acts or body parts Suggestions for most effective way to communicate with the child Type and level of disability. CPS & LE 161 161

Video: “Mikel’s Mother Note what the interviewer asks. Would you ask any other questions?

Module Summary Interviewing 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.

MODULE 8 The Forensic Interview Pre-interview Considerations LE & CPS 164

Class 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 & CPS 165 165

Logistical Issues

Class Exercise: Working with your assigned table partners: 167167167167167167 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 xx D 167

Logistics Review Position yourself across from the child 168168168168168168 Logistics Review Position yourself across from the child Some persons lip read Position yourself at the child’s level Consider letting the child decide where to sit and then move to that level Personal space may be different for a child with a disability Ask care provider D 168

Logistics Review (Cont’d) 169169169169169169 Logistics Review (Cont’d) Touching is discouraged May be “touch toxic” May be similar to suspect’s contact Lighting Can be painful (fluorescent lighting—autism, ADHD, ADD) Inadequate for persons with visual or hearing disabilities D 169 169169

Handling 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).

Communication Issues

Assisted Technology and Communication Video - Forensic Interviewing, Part 2 Title 3 (3:00 – 7:10) – 4’ 10” Mikel’s Mother Speaking to Investigator Orange Mikel with the Forensic Interviewer D 172 172

Assistive Technology and Communication

Different Types of Assistive Communication Devices and Services What have you seen used? ASL FC: board and computerized devices VRS Skills of interviewer: Patience Becoming familiar with modality Use standard interpreter skills, directing attention to the child (not interpreter or device) Ensuring authenticity of child’s communication D 174 174

Facilitated Communication Forms Communication Boards Book or Mechanical Device (computer) to point to letters, words, or pictures Some children need a facilitator to use the communication board or keyboard For court, may need 2 separate interviews with a different facilitator who has no contact with other D 175 175 175

STOP eat hurt woman man bathroom GO Q W E R T Y U I O P A S D F G H J K L Z X C V B N M , . ? 1 2 3 4 5 6 7 8 9 10 STOP eat hurt woman man bathroom GO LATER OK girl boy like don’t like NOW NO & or YES 176

Use of Interpreters in Responding to Abuse Of Children With Disabilities

Ethical Issues and Standards of Care Use of Interpreters in Responding to Abuse Of Children With Disabilities Ethical Issues and Standards of Care See Participant Manual for Guidelines D 178 178 178

Use 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. D 179 179 179

Use 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 it D 180 180 180

Use of Interpreters Most types of interpretation are accepted by the Deaf and hard of hearing community Qualified and Certified Sign Language interpreters are required for: Deaf and hard of hearing individuals, Children who are both deaf and blind Having a list of qualified sign language interpreters or an MOU with an interpreter service agency will provide the quickest response to a scene.

Procedures When Working With Interpreters

Class Discussion What are the benefits and concerns when using family and household members as interpreters for a child abuse victim who has a disability?

Use of Family and Household Members as Interpreters Do not use people connected to child victim unless emergency situation May be offender or allied with offender May also be victim May inhibit child from complete disclosure Not familiar with forensic considerations D 184 184 184

Use of Family and Household Members as Interpreters May use a family member when Exigent circumstances It is determined that child is only understood by family because of unique communication If you must use a family member Fully brief on your expectations Debrief them afterwards, never use children to interpret D 185 185 185

Module Summary Conducting an interview with a child with a disability requires careful planning and preparation. Does the child’s disability change how the interview is conducted Interviewer must understand the technology and/or facilitated communication Must assure that the child’s information is correctly communicated and understood

Module 9 Conducting the Interview

Interviewing Flow Refer to “Interview Tips” Handout in your Participant Manual page xx.

Class Activity Handout: Scenarios for Interviewing Segments Work with your team and assigned scenario to model effective rapport building You will model your approach in a 2-3 minute class presentation LE & CPS 189 189

Building Rapport As 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.

Build Rapport Ask the child to talk about themselves Their interests Assess their ability to respond, pacing, speed and delays Match your pacing and speed to them Use age and developmental level language appropriate to the child Plain English LE or CPS 191 191 191

Reassure they have done nothing wrong Suggested Strategies to Overcome Resistance, Fear, or Lack of Understanding Reassure they have done nothing wrong Encourage them to talk and be accurate They are not in trouble with you if they talk to you You are there to help You want the child to be safe LE or CPS 192 192 192

You 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 happened Consider asking the child about their feelings about what happened Feelings may lead to talking about behavior They are brave for talking LE or CPS 193 193 193

Do 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 contact Do not attempt to educate on illegal or improper sexual contact Make sure child knows what will happen is because of what suspect did, not their telling you LE or CPS 194 194 194

Videos Video #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 & CPS 195 195 195

Role of Cultural Identity 14 year old Muslim boy with mild mental retardation and suspicion of sexual abuse by a family member 16 year old boy who identifies as gay disclosed abuse by school employee. He has a diagnosis of autism 12 year old girl, physically abused by babysitter. She has moderate mental retardation, parents are immigrants from Guatemala 7 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 staff D & P 196 196

Presence 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 & P 197 197

State 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 & P 198 198

Advantages of a Support Person Reassure the child and create sense of safety May be the only one able to communicate with or interpret child’s communication Can identify persons named by the child Obtain additional information from the support person LE or CPS 199 199 199

Disadvantages of a Support Person Individual may be a perpetrator May be colluding with the perpetrator Child may be embarrassed to speak freely with this person present Child’s answers may be influenced by the presence of this person Loss of confidentiality LE or CPS 200 200 200

Recording the Interview Using age and developmentally appropriate language the child should be informed of the taping and purpose for taping at beginning of interview Tell child who will see the videotape Explain utility to reduce re-interviewing When child uses ASL or FC or other assistive technology two cameras are required. LE or CPS 201 201 201

Class 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.

Class 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

Questioning Protocol Open ended questions are preferable If child cannot answer open ended questions, ask more narrowly tailored questions Later verify responses by asking question again or by asking it in reverse If all else fails, ask yes-no questions Then attempt to clarify information and add detail LE or CPS 204 204 204

The Truth Ask questions about which the responder knows the answer such as family, friends, school. Ask questions about colors or objects the child can name Use concrete examples not abstract concepts Use humor and concern for the child LE or P 205 205

Establishing legal competency At beginning of interview describe to child what to expect Assure child is it OK not to know the answers to all your questions Ask questions that allow child to tell you about things you can verify LE or P 206 206 206

Class 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?

Use 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 dolls D or PD 208 208

Ending 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?

Module Summary This 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.

Module 10 Complex Situations

Class Activity Working 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 interview Group 1: Child appears to be “non verbal” Group 2: Child resists or refuses to interact with the interviewer Group 3: Child is very active Group 4: Child has a unique communication style Group 5: Child changes information from first disclosure (more, less, different account) P 212 212

Children Who Appear “Non Verbal” 213213213213213213 Children Who Appear “Non Verbal” Determine what this means May not have identifiable method of communication Rely on reports of others and behavioral changes May need assistance of an expert Tailor questions to communication ability Any 213 213 213

Child Resists Interaction with Interviewer Summary of effective communication methods 214214214214214214 Child Resists Interaction with Interviewer Possible reasons and strategies to overcome? Culture “Bad Day” for the child or is pressured Threats may have been made to the child Child’s experiences after disclosure Separated from family With or separated from siblings Any 214 214 214

Child is Very Active Possible reasons : Child could be nervous 215215215215215215 Child is Very Active Possible reasons : Child could be nervous Disability may include anxiety Embarrassment or shame Resistance to getting someone in trouble Strategies to overcome: Change interviewer, reschedule, change topic, ask child about fears Change support person Any 215 215 215

Child Has Unique Form of Communication Only one person can interpret for child What 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 parent Any 216 216

Child Changes Disclosure Details Story is now more, less or different Has child now been removed from family? Was child traumatized by removal or actions with or after First Response? Changes in medication Threats or intimidation Earlier fears are now realized Any 217 217

Children Who Say “Nothing Happened” Child denies anything happened, “takes back” earlier report Maintain open mind to all possibilities What if someone wanted to get the family in trouble? Leave door open to further interaction Importance of ending interview properly Be careful about measuring your success as getting a disclosure Any 218 218

“Roma” What lessons do we learn from Roma’s experience? D 219 219

Wrap Up and Evaluation Questions/answers and discussion on content from course Post Test Evaluations PD 220 220

Ongoing 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 www.disability- abuse.com;and its 700 members. 221

Thank You! Project Director, Robert Geffner Instructional Team Dr. Nora Baladerian, nora@disability-abuse.com Candace Heisler, cjheisler@aol.com Michael Hertica, eahertica@aol.com Gerald Stone, gestone1@verizon.net

Placeholder for CA specific slides

“Rain Man”, 1988, MGM VIDEO #2 – 4’ 8” Note Raymond’s behaviors with increasing stress and social pressures VIDEO #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. D 224 224 224

Child Abuse Reporting Law Now Mandated reporters In-home Support Services (IHSS) Court Appointed Special Advocates (CASA) Volunteers Intentional Concealment of Report by Mandated Reporter a continuing offense until discovery by county probation or welfare agency, or law enforcement agency P 225 225 225

Child 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 agencies P 226 226 226

Dependent Person Dependant Person (EC-177 – CA example) Any age with physical or mental impairment Substantially restricts ability to carry out normal activities or protected rights. Special Procedures Courtroom procedures Jury Instructions 227 227