Assoc. Prof. Gordana Buljan Flander, PhD Child Protection Center of Zagreb, Director

1. Children’s right to be heard and receive information: Child Protection Center of Zagreb practice Assoc. Prof. Gordana Buljan Flander, PhD Child Protection Center of Zagreb, Director Zagreb February 3, 2016

2. What children need in legal proceedings feeling of care/ security; protection from abuse clear information, feeling that they are important and involved support and patience continuation of common daily activities, if possible awareness that he/she is NOT guilty for being abused right to express their feelings feeling that others are trying to understand and want to help them giving due weight to individual characteristics time? time alone is not healing, but what we do in that time

3. How do childrenfeel at court? often upsetting and intimidating experience fear that nobody will believe them and that somebody might shout at them or blame them fear of confronting the perpetrator anxiety due to a lack of understanding of linguistic terms and concepts even greater feeling of stigmatization Whitcomb et al., 1991; Eastwood & Stacy, 1998; Quas, Goodman & Jones, 2003

4. Childstresspredictorsduringjudicialproceedings Re-victimizationand re-traumatization

5. Background Legal framework, assistedwith: • Conventions • Directives • Guidelines • Protocols

6. FROM THEORY TO PRACTICEIntegratingexistingknowledgeinto a comprehensive, childcenteredapproach Importanceofmultidisciplinaryandcross-sectoralapproach

7. Process of disclosure – importance of child-friendly approach „Disclosure is a process… notanevent.” Sorenson & Snow

8. Conducting forensic interviews – necessary skills: building adequate rapport with the child active listening and information processing asking developmentally appropriate questions asking non-suggestive questions, the answers to which may be used as evidence at court obtaining information not altered by personal beliefs and attitudes strategies for coping with emotionally intense contents

9. THE SENSITIVE BALANCE OF CONDUCTING A CHILD-FRIENDLY FORENSIC INTERVIEW Gatheringrelevantinformationwhileprotectingthechildfrom re-traumatization

10. Evidence-based interview protocols (2015) • NICHD (The National Institute ofChild Health and Human Development) protocol • NCACExtendedForensicInterviewProtocol • APSACpracticeguidelines on forensicinterviewing • TheCornerHouseForensicInterviewProtocol • ChildFirstforensicinterviewingprotocol • Tom Lyon´s 10 StepInterview • The RADAR interviewingprotocol • Childhood Trustprotocol • FirstWitnessprotocol

11. What do all these protocols have in common? • evidence-based practices, resulting from previous research • focus on child-friendly approach, minimizing re-traumatization • respecting children`s right to participate and to be heard • essential parts of the interview: • creating relationship with the child • developmental assessment • gathering information – fact finding and trauma assessment • (assessment of child’s future needs) • closure

12. Forensic interview structure • NICHD protocol(TheNational Institute ofChildHealth and Human Development, 2000- 2011) • the most well-knownandstudiedinterviewsystem • developedrespectingchilddevelopmentfindings – linguisticcapabilities, memory, suggestibility, forensicdemands, interviewer`s behaviour, theimpactofstressand trauma • developedby a teamofresearchers, interviewers, police officersandlegalprofessionals • independentstudiesin 4 countriesconfirmitsefficiencyconcerningincreaseintheforensicqualityofobtainedinformation (Cyr et al., 2006; Lambet al., 2006; Orbachet al., 2000; Sternberg, Lamb, Orbach, Esplin& Mitchell, 2001)

13. NICHD protocol Eliciting information that has not beenmentioned by the child If child fails to mention information interviewer expected Informationaboutthedisclosure Closing Neutraltopic Introduction Rapportbuilding Traininginepisodicmemory Transition to substantiveissues Investigatingthe incident(s) Break Forensic interview phases:

14. PREPARING FOR THE INTERVIEW: CREATING A CHILD FRIENDLY SETTING

15. Pre-interview planning Considering the child`s age and developmental level Finding out whether the child has special needs related to developmental and/or physical disabilities Considering cultural and/or ethnic factors that may effect the interview process Providing a qualifiedinterpretor if needed Considering alternative explanations for the statements or behavior leading to concern about the possibility of abuse - keeping an open mind

16. Timing and duration aiming for shorther interviews, especialy for younger children being mindful of signals indicating fatique, loss of concentration, physical needs… It is preferable to interview a child as soon as possible after the alleged event(s)

17. Interview setting Interviewer - the only person present with the child (whenever possible) Parents – present only if the child refuses to separate, and only during initial stages of interview Private, informal, free from distractions Child-friendly Introducing the child to the interview surrounding Neutral

18. Developmental assessment Necessary for differing child`s developmental characteristics from the lack of credibility • a process lasting throughout the interview • purpose: • adjusting the vocabulary and interview • determining baseline - the child`s natural style when discussing non traumatic events

20. Child characteristics that may influence the forensic interview

21. Introduction

22. Settingthegroundrules TELLING THE TRUTH adapted to the child`s developmental level „It is very important that you only tell me the truth today.” „If I say that my shoes are red is that true or nottrue?” „I see that you understand what telling the truth means. You should only tell me about things that really happenedto you.”

23. UNDERSTANDING THE CONCEPTS OF TRUTH AND LIE Lyon/Saywitz Materials for Interviewing Professionals Look at this food-what kind of food is this? LISTEN to what these girls say about the [child's label]. One of them will tell a LIE, and one will tell the TRUTH. (point to girl on the left) THIS girl says "It‘s an [child's label]. (point to girl on the right) THIS girl says " It‘s a banana”. Which girl told the TRUTH?

24. UNDERSTANDING CONSEQUENCES OF LYING Lyon/Saywitz Materials for Interviewing Professionals Here's a Grandma. She wants to know what happened to these girls. Well, ONE of these girls is GOING TO GET IN TROUBLE for what she says. (point to left girl) This girl tells the TRUTH. (point to right girl) This girl tells a LIE. Which girl is GOING TO GET IN TROUBLE?

25. Interview instructions „If you do not know the answer do not guess, just say you don’t know.” „If I ask a question that you don’t understand, just say, Idon’t understand. Okay?” „If you can`t remember something, just say you don’t remember.” „If you do not want to answer it is ok to say so.” „If a question is too hard, we can come back to it later.” „You know more than me about what happened. And if I say things that are wrong, you should tell me. Okay?” „If I repeat a question, it does not mean the first answer was wrong. Maybe I forgot or got confused. If your first answer was right, just tell me again.”

26. How to make adult-child communication work Havinginmind: childrenexpectadults to directtheconversation theyassumeadultsknowtheanswers children, especiallyyoungchildren, oftentry to figure outwhatanswersadultsprefer

27. Rapport • warm and supportive approach, whilst maintaining objectivity • capacity to really hear the child`s story • allowing the child to adjust to the new environment and the interviewer • attempts to deemphasize authority position (bodily posture, tone of voice, vocabulary…) • adapting the approach to the child`s age and developmental level • commendations unrelated to the content of the interview • patience in case of silence • allowing the child to set the pace of the interview him/herself

28. Narrative practice – episodic memory episodic memory vs. script memory

29. Transition to allegations investigating the incident(s) disclosingthe incident(s) encouragingnarrativedescriptions multiple-choicequestionsandyes/no questionsusedonlyifneeded

30. Detailclarificationtechniques Drawings (e.g. child’s family, place of abuse, offender, oneself) Anatomical drawings Anatomical dolls (dolls with primary and secondary sex characteristics) Plain dolls (without any characteristics)  not replacing verbal description and elaboration

33. Drawings + verbal disclosure = Increased quantity and credibility of details especially for school-aged children (Brennan & Fisher, 1998) Anatomical dolls are used with caution, only after verbally disclosed event • may be overly suggestive • doll´s genitalia may alarm some children • preschoolars may not be able to use aids to represent self

35. What if child fails to mention information indicated by evidence • introducing evidence • if forensically important information is still missing, interviewer is using information from allegation reports, followed by open ended invitations • once children „know we know”, it often facilitates their disclosure

36. Closure

37. Some children may require more interviews Extended forensic evaluation (six sessions) shy and reluctant children traumatized children young children children with disabilities or developmental delays

38. Interview strategies for children with disabilities Saywitz & Nathanson, 2004 importance of nonsuggestive interview techniques particular importance of setting the ground rules slowing down the rate of speech shortening the length of sentences asking questions that are simple, concrete and easily understood (asking children to repeat back to ensure understanding) allowing extra time for children to process what is said and to prepare a response avoiding interrupting

39. What can endanger the validity of the interview? • Interviewer’s attitude towards the disclosure • affects the interview structure and the statement obtaining • Repeated questions • often leading to changed answers, especially yes/no • The effect of repeating wrong information • giving wrong information during the interview affects the accuracy of the child’s statement later

40. Emotional tone of the interview • supporting the child during the interview is positive, but encouraging the child to say what we want to hear is not • Suggestive questions • presenting such information may influence later statements and testimony • The influence of group pressure • adjustment to the prevailing opinion about what has happened

41. Linda CordiscoSteele (NCAC, 2015)

42. Child Protection Center of Zagreb: cooperation with the court of law WE ENCOURAGE JUDGES TO INTERVIEW CHILDREN ON THE CENTER'S PREMISES One room – Center´s interviewer and the child Another room– SA, judge, defendant, defense lawyer, social worker, police… Judge and involved parties ask the child through the mental health expert, who adapts the questions according to the developmental level and emotional state of a child and uses other techniques

44. THE WHOLE PROCEDURE IS AUDIO AND VIDEO RECORDED – USED AS AN EVIDENCE IN THE COURT PROCEDURE In this way multiple interviewing of the child by variousprofessionals at various institutions can be avoided and the court processes shortened.

45. Forensically sensitive therapy court proceedings are unfinished, but the child needs immediate treatment most often cognitive-behavioural approach projective techniques and interpretations of child’s play and drawings are avoided

46. Traditional therapy any therapy can be used using projective techniques using child’s play and art

47. Follow-up

49. Thank you for your attention www.poliklinika-djeca.hr/english