Creating a System that Understands Children

Trudy NovickiExecutive Director

Kristi House, Inc.Miami, Florida

USA

Orlowitz-Lee Children’s Advocacy CenterHome of the Multi-disciplinary Team

The Orlowitz-Lee Children’s Advocacy Center (OLCAC) provides services to victims and families affected by child abuse through the coordination of the investigation, prosecution and treatment systems in an effort to protect children and their families from further trauma, and safeguard the well being of our community. The Center also provides education about issues related to the prevention of child abuse through community education and research.

Orlowitz-Lee Children’s Advocacy CenterMission Statement

OLCAC Multidisciplinary Team Members (MDT)

• Florida Department of Children and Families–Regional Administrator

• Guardian ad Litem Program–Circuit Director

• Jackson Health System Roxcy Bolton Rape Treatment Center–

Medical Director of Emergency Medical Services

• Kristi House, Inc.–Executive Director

Orlowitz-Lee Children’s Advocacy CenterMultidisciplinary Team Agreement

continued

OLCAC Multidisciplinary Team Members (con’t)• Miami-Dade Police Department–Director

• Miami Police Department–Chief of Police

• Office of the State Attorney of the Eleventh Judicial Circuit of

Florida–State Attorney

• University of Miami Miller School of Medicine Child Protection

Team–Medical Director

• Our Kids of Miami-Dade/Monroe, Inc.–Chief Executive Officer

Orlowitz-Lee Children’s Advocacy CenterMultidisciplinary Team Agreement

Initial Interview Guidelines

� When an allegation of child sexual or physical abuse is received through the DCF hotline or by law enforcement, the protective investigator or officer will conduct an initial interview of the child.

� The protective investigator or officer having initial contact with the child will assess the nature of the complaint and the safety of the child.

� All investigations shall be approached as though they could result in criminal prosecution.

� Each agency’s policies and procedures shall control their investigation.

The Purpose of the Initial Interview is:

• To determine if further investigation is warranted• To determine if there is a need to intervene for the child’s

immediate protection or for the protection of other children in the home.

• To determine if there is a need to preserve physical evidence, which may be contained within the home or upon the child.

• To determine if there is a need to interview the suspect as soon as possible in an attempt to obtain corroboration of the child’s allegations.

• To determine if there is a need to interview the child, or other children within the home, in a child-friendly environment and in such a way that all agencies obtain information they need so that multiple interviews are eliminated.

Forensic Interviews in Child Sexual Abuse Cases

Raquel E. Cohen, M.D., DirectorChildren’s & Special Needs Center

Office of the Dade County State AttorneyMiami, Florida

Dr. Cohen and U.S. Attorney General Janet Renoduring Dr. Cohen’s tenure as Director of the

Miami-Dade County Children’s Center, created by then State Attorney Reno.

Rationale for Forensic Interviews

How do I elicit complete data using forensic interviewing techniques that cannot be manipulated or dismissed, and that validate the facts reported by the child beyond a reasonable doubt when the case is presented to a jury?

FORENSIC CLINICALReporting ReferralInvestigation Data Collection AssessmentDecision of Police Diagnosis and Assistant State TreatmentAttorneys

Pathway of Referrals/ServicesFor Child-Victim Forensic & Clinical Systems

Psycho-Social Issue

Arrest No Arrest

• Has to establish credibility – elicit the questions that produces data that is plausible and reliable

• Has to establish trustworthiness – the data obtained has to reliable, consistent, logical and realistic

• Establishes the competency of the child’s description of the event shows the child can deal with memory and description of an event involving the touching of their body in in a way that it can be defined as child abuse.

Legal ObjectivesOf Child Abuse Investigation

The minimum standards of credibilitythat allow a reasonable person to put credence in a witness’ testimony.

MRE 601–“Every person is competent to be a witness except as otherwise provided in these rules.”

Competency

Derives from the Supreme Court decision in Wheeler v. U.S., 159 U.S. 523 (1895) in which the question of a child’s competency was found to:

� Depend on the capacity and intelligence of the child

� His/Her appreciation of the difference between truth and falsehood

� His/Her duty to tell the truth

The Test of a Child’s Competency

� Accuracy of children’s memory� Suggestibility

� Objectivity � What are the motives of the individuals?

� Character of the witness� Adolescent behavior

� Sincerity

Assessment of Child’s Credibility

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� Consistency of testimony

� Children are inconsistent related to age

� Corroboration

� Physical evidence

� Testimony of other witnesses

Assessment of Child’s Credibility

Definition:Forensic–Is defined as an interview between a forensic interviewer and a child for the sole purpose of eliciting non-contaminated data supporting or not the alleged event, who is the perpetrator of the abuse, the place and the time.

Forensic vs. Clinical Interviewingof Alleged Abused Children

Definition:Clinical–Is defined as an interview between a trained clinician and a child for a variety of purposes including diagnosing developmental, cognitive and/or emotional disorders. One of the purposes can include assessing the possibility that the child has been abused. There are a variety of techniques that are used to elicit clinical data.

Forensic vs. Clinical Interviewingof Alleged Abused Children

CLINICAL• Assumes the child is

telling the truth

• The interviewer is an advocate

• Subjective reality is accepted

• The general idea of abuse is enough

• The way information is obtained is not very important

FORENSIC

• Fact-finding procedure

• The interviewer is neutral

• Alternative explanations are explored

• Details are imperative

• The way information is obtained is strictly governed

Clinical vs. Forensic InterviewingHow they Differ*

*David C. *David C. RiskinRiskin, Ph.D., and Phillip W. , Ph.D., and Phillip W. EsplinEsplin, 1991, 1991

Child Alleges Abuse:1) Unreliable Account Further Investigation2) Misinterpretation of Incident Clarify Event3) Child is Deluded Symptom Diagnosis for Mental4) Child is Confabulating (Alone/Prompted) Investigate Parent Conflict5) Child is Truthful and Credible Document the following:

� External Consistency� Internal Consistency� Internal Details� Appropriate affect while remembering event� Rule-out effect of suggestibility� Check out the child’s reaction to challenge in regard to

confabulation, fabrication, external influences

Systematic Decision PathwayFor Child’s Credibility

� Present an understanding of the difference between truth and falsity and an appreciation of the obligation or responsibility to speak the truth.

� Mental capacity at the time of the occurrence in question, to observe or receive accurate impressions of the occurrence.

� Memory sufficient to retain an independent recollection of the observations, and capacity truly to communicate or translate into words the memory of such observation and the capacity to understand simple questions about the occurrence.

Three Dimensions have EvolvedThat are Used in Qualifying

1) Leading Question – A question that suggest its own answer or is calculated to obtain a particular response.

a. Yes/No Questions – Ask for affirmative or negative response.

2) Suggestive Question – Methods or material that, directly or indirectly, are said to influence or imply something to a child.

a. Verbal- Refers to statements implying that something occurred or particular persons were involved, or statements appearing to ask for confirmation of something.

Types of Questions to Avoid inForensic Interviews

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b. Suggestive Coercion – Term applied to techniques, statements or actions that may prompt, coerce or bribe a child to address a particular topic or make a particular statement.

3) Reinforcement Questions – Any type of behavior that encourages disclosure showing emotional support or approval of child’s statements; empathetic body gestures, assuring children that they are not at fault.

Types of Questions to Avoid inForensic Interviews

continued

4) Contamination Questions –Term that refers to the introduction in an interview of information, ideas, or details about a case by someone other than the child being interviewed.

EXAMPLE:Interviewer tells child something that a mother, or witness has said or refers to some form of evidence that has not previously been volunteered by the child.

Frequent sources of “potential contamination”A) Information transfer between parents, therapistB) Joint interviewsC) Social contact among victimsD) Media contaminationE) Therapeutic interventions

Types of Questions to Avoid inForensic Interviews

Contact Information

Trudy Novicki, Executive DirectorKristi House1265 NW 12th AvenueMiami, Florida 33136USAtnovicki@kristihouse.orgOffice: 305-547-6836Cell: 786-360-9485