child development and child interviewing techniques 101

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A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation. Child Development and Child Interviewing Techniques 101 December 13, 2017 Brandon Roché, Senior Staff Attorney, CILA

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Page 1: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

Child Development and Child Interviewing Techniques 101

December 13, 2017

Brandon Roché, Senior Staff Attorney, CILA

Page 2: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

Child Development 101

• Introduction to psychological perspective on development• Age group differences

Child Interviewing Techniques

• Factors to consider• Best Practices

How to respond to unexpected and difficult scenarios• How to identify and what to do in an emergency

Page 3: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

SOME FACTORS AFFECTING COMMUNICATION

• Age• Education level

Not Miniature Adults

• Dialects• Legalese

Language Barriers • Timelines/

Chronology• Kinship Terms

Cultural Differences

Page 4: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

• These are myriad• Obvious?

• Differences in gender between you and the client

• Differences between clients

• Difference between you and the child client

• Difference between you and the parent/sponsor

Age Difference

Gender Difference

Cultural DifferencesSocioeconomic

Differences

Page 5: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

• Bright line, age-based delineations don’t always work

• Every meeting is different

• Mental disabilities include both mental health problems and intellectual disabilities.

• Please define trauma Justice Stewart. See, Jacobellis v. Ohio.

Trauma Mental Disabilities

Age not determinative

Day to day changes

Page 6: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

Best Practices for Child Interviews

Questions and

Answers

Rapport

Physical Setting

Page 7: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

Physical Setting•Comfortable and

Private•“Physically and

psychologically safe” i.e. non-threatening

•Timing

Page 8: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

Rapport

Page 9: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

QUESTIONS

How do you phrase the questions?

ANSWERS

How do you interpret the

answers?

Page 10: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

QuestionsFirst off, Remind them again it’s ok to say “I don’t know” or even “I don’t

want to talk about that.”

Give context/reasoning behind why you are asking certain questions.

Watch out for rote descriptions/phrasing on your part – make the effort to tailor the question

Think about the words you use

Don’t use compound questions – “Do you remember…?”

Get comfortable with long pauses

Always ask something like: “Is there anything else I need to know?” or “Anything else you want to tell me?”

Page 11: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

answers

Be alert for miscommunication

/ lack of understanding

Watch your facial expressions

If the answer seems inconsistent with prior answers, think about the way the question

was phrased. Was there a literal

interpretation on the part of the child?

If you sense the child shutting down (blank stares, disassociating)•“Better to give the impression of having understood the child and change the subject and then come back to it later in some other way than to leave the child with the impression that he can’t get his point across however hard he tries.”

Page 12: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

Did I tell the child the purpose of our talk, and why it is important, and

what will happen afterwards?

Did I avoid legal words and phrases?

Did I assume that because a child

uses a word, he or she understands the concept it

represents?

Was I as redundant as

possible?

-Select Questions from “checklist for interviewing/questioning children” developed by Anne Graffam Walker, Ph.D. and taken from: Handbook on Questioning children; a linguistic perspective

Page 13: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

How to respond to the difficult, uncomfortable, or unexpected admissions a child client may make

Page 14: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

How to respond to the difficult, uncomfortable, or unexpected admissions a child client may

make

•Talk about dying•Change in personality/behavior•Change in Sleep Patterns

and/or eating habits•Fear of losing control

Signs of suicidal ideations

Page 15: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

How to respond to the difficult, uncomfortable, or unexpected admissions a child client may

make

How to respondSuicidal ideations:• It’s best practice to address it head on – you’re not going to make it worse. Usually, people

want to talk about it, especially kids.•“Do you feel suicidal?” - “What’s that like?” and “Is there a plan?”•Suicide is usually not impulsive. Ask open ended Q’s: “How would you do it?”

•Assess the risk - Is this an emergency?•Gauge the immediacy: “Do you have a knife/gun/pills?”

•Put a safety plan in place•“Have you talked about your feelings with anyone else?” OR “Who could you talk about

this with within your family?”•Explain your role and tell them you can help them get help if they want it

•Direct them to resources:•National Suicide Prevention Lifeline: 1(800) 273-8255•Texassuicideprevention.org

Page 16: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

How to respond to the difficult, uncomfortable, or unexpected admissions a child client may make

Admissions of rape and sexual abuse

•Stay steady.•Ask open-ended non-

leading questions.•Don’t say “I’m sorry that

happened to you.”•Give affirmation: ”You’re

very strong for having gone through that. Thank you for sharing that with me because it may be very important to helping you with your immigration case.”

•Connect them with resources.

Admissions of drug use and/or addiction

•Remind them how drug convictions can have serious consequences on their immigration case.

•Ask if they think they have a problem?

•Do they want help?•Draw the line with

parents as to your role –stick to the negative consequences re: immigration so that you’re not seen as taking sides between parent and kids.

I’m Pregnant!

•Calm response.•Watch the facial

expressions!•Ask who else knows.•Ask if they have/need

pre-natal care?

Page 17: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

• Representing Children in Child Protective Proceedings: Ethical and Practical Dimensions; Jean Koh Peters; LEXIS Law Pub (3rd ed.).• Handbook on Questioning Children, A Linguistic Perspective; Anne Graffam Walker; ABA Center on Children and the Law (3rd ed.,

2013).• Child Forensic Interviewing: Best Practices; Office of Juvenile Justice and Delinquency Prevention (Sept. 2015). Available at:

http://www.ojjdp.gov/pubs/248749.pdf (last visited 03/30/2016).• Forensic Interviews of Children: The Components of Scientific Validity and Legal Admissibility; Nancy E. Walker; 65 Law and

Contemporary Problems 149-178 (2002). Available at http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1241&context=lcp (Last visited 03/30/2016).

• Guidelines for Mental Health Professionals Working with Unaccompanied Asylum-Seeking Minors; Ivelisse Torres Fernández, Nayeli Chavez-Dueñas, Andrés J. Consoli; National Latina/o Psychological Association (January 2015).

• Deportation by Default: Mental Disability, Unfair Hearings, and Indefinite Detention in the U.S. Immigration System; Human Rights Watch and ACLU (July 2010). Available at: https://www.aclu.org/files/assets/usdeportation0710_0.pdf (Last visited 03/30/2016).

• ABA Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases (1996).• Representing Children in Removal Proceedings: Ethical and Practical Issues; Kristen Jackson, Meredith Linsky, and Elissa Steglich

(American Immigration Lawyers Association (AILA), 2014).• Working with Children: Ethical Issues and Standards of Practice; VERA Institute of Justice, Unaccompanied Children Program (January

2015).• Advocating for Very Young Children in Dependency Proceedings: The Hallmarks of Effective, Ethical Representation; Candice L.

Maze, Center on Children and the Law (ABA, 2010).• Children in Immigration Proceedings: Concepts of Capacity and Mental Competency; Aryah Somers (VERA, November 2014). • Children in Immigration Proceedings: Child Capacities and Mental Competency in Immigration Law and Policy; Aryah Somers (VERA,

May 2015) • Representing Detained Immigration Respondents of Diminished Capacity: Ethical Challenges and Best Practices; ABA Commission on

Immigration (July 2015).• Recognizing and Responding to Suicidal Persons: What Lawyers Need to Know; Boston Bar Association (November 2013).• National Suicide Prevention Lifeline; Anthony in Upstate New York on 03/29/2016. Website: http://www.suicidepreventionlifeline.org/• Stop It Now! http://www.stopitnow.org/ohc-content/what-should-i-do-after-a-child-tells

SOURCES CITED AND OTHER RESOURCES FOR CHILD INTERVIEWING TECHNIQUES AND BEST PRACTICES

Page 18: Child Development and Child Interviewing Techniques 101

A project of the American Bar Association funded by the Vera Institute of Justice and the Texas Access to Justice Foundation.

Children’s development and Child interviewing techniques for lawyersapril 1, 2016

Dr. Luis ZayasDean of the UT Austin School of Social Work

Brandon RochÉ, Senior Staff attorneyAmerican Bar Association Children’s immigration law [email protected]