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203: Investigative Interviewing in Child Sexual Abuse 203: Investigative Interviewing in Child Sexual Abuse

203: Investigative Interviewing in Child Sexual Abuse - PowerPoint Presentation

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203: Investigative Interviewing in Child Sexual Abuse - PPT Presentation

203 Investigative Interviewing in Child Sexual Abuse Child Sexual Abuse Certification Series 203 Overview of Child Sexual Abuse 203 Sexuality of Children Healthy Sexual Behaviors and Behaviors Which Cause Concern ID: 767163

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203: Investigative Interviewing in Child Sexual Abuse

Child Sexual Abuse Certification Series 203: Overview of Child Sexual Abuse 203: Sexuality of Children: Healthy Sexual Behaviors and Behaviors Which Cause Concern 203: Working with Juveniles Who Sexually Offend203: Family Reunification and Case Closure 2

Learning Objectives Define the purpose and goals of an investigation into child sexual abuse Assess safety threats and risk factors in child sexual abuse investigations Know how to plan the logistics of an investigation, including issues of timing, location, sequencing, and teaming with other professionals in the form of multi-disciplinary teamsKnow the stages of the interview and the methods to be used in interviewing alleged victims, non-offending parents, alleged perpetrators, and collateral contactUnderstand the dynamics involved in child sexual abuse 3

Agenda on Day One Introductions and Agenda Overview of Investigative Interviewing Investigative Logistics and TeamingBeginning and Introductions StageQuestioning and Clarification (Work) Stage 4

“How I Learned to Drive” “LI’L BIT: Sometimes to tell a secret, you first have to teach a lesson…” -Quote from How I Learned to Drive by Paula Vogel 5

Complexity of Child Sexual Abuse The young age of a child and their difficulty expressing what occurred/how they are feeling Family taboos on teaching formal names of sexual /private body partsThe fact that there is usually little physical evidence and no witnessesDenial by the victim, perpetrator, or family members, especially in cases of incest, that sexual abuse could happen in their family Intimidation or manipulation of the child and/or non-offending parent by the perpetrator 6

Complexity of Child Sexual Abuse (continued) The defendant’s right to face “their accuser ” Family pressures and issues, including drug and alcohol use, lack of supervision, etc.Discomfort with the topic of sex and sexual abuse Often has no physical evidence Generally progressively more intrusive over timePrior negative experiences during investigations or anticipation of suchSense of intruding into family spaceMulti-generational/extended family patterns of sexual abuse 7

Complexity of Child Sexual Abuse (continued) Difficulty believing that an adult could obtain sexual gratification from a child, especially in the judicial system Inability to cope with what happened to the childThe loss of trust they feel toward the perpetrator and questioning if anyone can be trusted Blaming of the child for the incident Dealing with multiple people/entitiesThis information is adapted from Child Abuse and Exploitation: Improving Investigations and Protecting Victims, Office of Juvenile Justice and Delinquency Prevention, January 1995. 8

Amended CPSL Definition of Perpetrator A person who has committed child abuse as defined in this section. The following shall apply: The term includes only the following: A parent of the child A spouse or former spouse of the child’s parent A paramour or former paramour of the child’s parent A person 14 years of age or older and responsible for the child’s welfareAn individual 14 years of age or older who resides in the same home as the childAn individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child 9

Amended CPSL Definition of Perpetrator (continued) Only the following may be considered a perpetrator for failing to act , as provided in this section: A parent of the child A spouse or former spouse of the child’s parent A paramour or former paramour of the child’s parentA person 18 years of age or older and responsible for the child’s welfareA person 18 years of age or older who resides in the same home as the child 23 Pa. C.S. §6303. Definitions 10

11 Amended CPSL Definition of Sexual Abuse or Exploitation The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following: Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual Actual or simulated sexual activity for the purpose of producing visual depiction, including photography, videotaping, computer depicting or filming. This paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child’s age.

12 Amended CPSL Definition of Sexual Abuse or Exploitation (continued) Any of the following offenses committed against a child, as defined in 18 Pa. C.S.: Rape (§ 3121) Statutory sexual assault ( § 3122.1) Involuntary deviate sexual intercourse ( § 3123) Sexual assault ( § 3124) Institutional sexual assault ( § 3124.1) Aggravated indecent assault ( § 3125) Indecent assault ( § 3126) Indecent exposure ( § 3127) Incest ( § 4302) Prostitution ( § 5902) Sexual abuse ( § 6312) Unlawful contact with a minor (§ 6318)Sexual exploitation (§ 6320)23 Pa. C.S. §6303. Definitions

Scope of Investigation 13

Investigative Goals The investigation is a detailed fact-finding process with primary goals of : Assessing immediate safety threats and ongoing risk to the child Maximizing information obtained about the alleged incident Gathering evidence to support the findings Minimizing trauma to the child Maintaining the integrity of the investigative process Determining whether the allegation of child sexual abuse is substantiated Developing and implementing a plan to protect the child 14

Activity Record three important skills or qualities an investigative interview must possess. What skills do they need to have related to those roles? 15

A Successful Interviewer 16 Possesses a sense of professionalism and takes responsibility for conducting an effective and fair interview/investigation Uses effective listening skills, including active listening Employs detailed observation skills Is able to rapidly establish rapport with any individual with whom they come in contact, regardless of cultural differences or the interviewer’s personal feelings Maintains self-control while establishing empathy with interviewees Has intricate knowledge of the laws and regulations affecting child abuse Confronts inconsistencies while gaining cooperation with the safety plan In intent on finding the truth

Definitions of Interview Types Investigative Interview A directed conversation between an investigator and a subject in order to gather information about an incident, identifying individuals and resources necessary to assure child safety Forensic Interview Narrowly-defined interview process between a specially-trained law enforcement official or interviewer which uses a specific order to the interview process, concentrating on obtaining information relating to evidence and prosecution 17

Definitions of Interview Types (continued) Therapeutic Interview Clinical interview concerned with a child’s perceptions of events and how the events affected the child. Typically conducted by mental health professionals or counselors, focusing on helping the child navigate the healing process 18

Additional Resources Article for accidental v. sexual abuse-related hymenal injury photographs Child Abuse & Neglect: Sexual Abuse (June 16, 2006) by Angelo P. Giardino MD, PhD http:// www.emedicine.com/ped/topic2649.htm Forensic interviewing and certification: National Associate of Certified Child Forensic Interviewers http://www.naccfi.com19

Mary Referral Script Participants will be playing the role of a screener who takes referrals or screens them out for referral to other agencies or organizations. You receive a call at approximately 10:30 AM. What questions would you ask to determine if this is a valid referral? Refer to Handout # 4 (The Mary Referral) 20

Reporting to ChildLine Mandated reporters are required to report directly and immediately to ChildLine when they have reasonable cause to suspect a child is victim of abuse.The CPSL was amended to require staff members of institutions to report directly to ChildLine rather than to a person in charge of the institution. Mandated reporters can file an electronic report of suspected child abuse online. These reports can be made through the Child Welfare Portal .Do you want to learn more?Recognizing and Reporting Child Abuse: Mandated and Permissive Reporting in Pennsylvania (PACWRC)23 Pa. C.S. §6311. Persons required to report suspected child abuse 21

Receipt of Reports by a CCYA When a report is made directly to a CCYA and not ChildLine , after ensuring the safety of the child and any other child in the child’s home, the CCYA must immediately notify the department of the report.If the report was given over the phone, the CCYA must attempt to collect as much of the information listed in the “contents of report” as possible and submit information to the department within 48 hours by written report or by electronic technologies. 23 Pa, C.S. §6334. Disposition of complaints & 23 Pa. C.S. §6313. Reporting procedure 22

When a Health Care Provider Makes a Report Involving an Infant Ensure the safety of the child immediately See the child within 48 hours of receipt of the report Contact the parents of the child within 24 hours of receipt of the reportProvide necessary services for the child 23 Pa. C.S. §6386. Mandatory reporting of children under one year of age 23

Reporting Scenario #1 Andrea is a volunteer at a music program sponsored through the YMCA where she regularly provides piano lessons. One of the children, Jessy, tells Andrea that her mother regularly touches her brother, Bryan, “down there.” In this instance is Andrea required to report? Why? 24

Reporting Scenario #2 Glenn, from a local CCYA, interviewed Mr. Kelley, a school teacher. Mr. Kelley told Glenn that yesterday he reported an incident of suspected child sexual abuse to his principal. He did not identify the child to Glenn. This conversation occurred after December 31, 2014. How should Glenn respond? Why? 25

Definitions of Safety and Risk Safety “a condition of being free from immediate harm” (See OCYF Bulletin #3490-06-01, effective 3/15/06, Safety Assessment and Planning Process.) Risk “danger of future harm to the child” (See OCYF Bulletin #3490-97-01, effective July 1, 1997, Risk Assessment Policies and Procedures.) 26

Stages of the Interview Process Preparation Stage Beginning and Introductions Stage Questioning and Clarification Stage Ending and Transitions Stage 27

Exclusions to Child Abuse Environmental factors Practice of religious beliefs Use of force for supervisions, control or safety purposesRights of parentsParticipation in events that involve physical contact with a childChild-on-child contactDefensive force 23 Pa. C.S. §6304. Exclusions from child abuse 28

Definition of Culture 29 Culture represents the vast structure of behavior, ideas, attitudes, values, habits, beliefs, customs, language, rituals, ceremonies, and practices “peculiar” to a particular group of people. It provides them with: A general design for living Patterns for interpreting reality Culture determines how we see the world and the way we see the world is reflected in our behavior.

Sequencing of Interviews Best practice indicates that, after obtaining information from the referral source, interviews should occur in the following order: The identified child The siblings and/or other children The non-offending parent The alleged perpetrator Collateral witnesses: other family members/others to whom the child may have disclosed (e.g., a friend or school teacher) 30

Location of Interviews Find a room/area where distractions can be minimized Place observers behind the child/interviewee Interview a child before the medical examination (while child is fully clothed) Have law enforcement officers in plain clothes with weapons concealed Faller, K., Child Sexual Abuse: Intervention and Treatment Issues. U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, National Center on Child Abuse and Neglect. The Circle Inc., McLean, VA, Subcontract S105-89-1730 (1993). 31

Electronic Recording Interviews of alleged child abuse victims and witnesses are often the primary source of evidence It is critical that investigative interviews with children are completely and accurately documentedDocumentation of interview includes:Child’s exact verbal statements Emotions/behaviors exhibited by the child Questions posed by the interviewer Behavioral interactions of the interviewerThis avoid future challenges that the interviewer manipulated the child’s verbal reportsRussel, 2011 32

Advantages of Electronic Recording A means to decrease the number of interviews Reduce the number of court appearances Reduces the trauma that multiple interviews may cause children due to their experience of abuseAmerican Professional Society on the Abuse of Children (APSAC)Advocates for electronic recordings as “the most comprehensive and accurate method of documentation” Russel , 2011 33

Tender Years Act Scramble Instructions(42 Pa. C.S.A. §5985.1, Admissibility of certain statements) Allows for an out-of-court statement by the child, age 12 or younger, admissible in any criminal proceeding relating to sexual offenses if the evidence is relevant and the child testifies or is unavailable as a witness Unscramble the cards from your envelope to complete a sentence 34

Interviewing Tools Crayons and paper Puppets DollsPlay DoughToy TelephonesBody Parts Drawing 35

Family Tree for the Doe-Davis Family 36 Grandpa Doe Grandma (Finch) Doe Regina (Doe) Smeltz Melvin Doe, Sr. Katherine (McCauley) Doe Davis John “Mack” Davis Mike Doe Mary Doe Melvin Doe, Jr. Paternal Grandfather Age 62 Whereabouts Unknown Paternal Aunt Age 37 Father Age 35 Paternal Grandmother Deceased 14 years ago Half-Brother Age 6 1 st Grade Lives with Katherine & John Child Age 8 3 rd Grade Lives with Katherine & John Brother Age 15 9 th Grade Placed at YDC Divorced Married 8 Years Married 7 Years Married 13 Years Separated 8 Years Key = Male = Female = Child = Married= Separated= Divorced

Activity: Rules of the Interview It’s okay for you to ask questions Tell me if you don't know the answer to a questionAsk if you don't know what something meansI may ask you something more than one time Tell me if you don’t like something I say or do I want to help you and your familyTell me if I get something wrong Written and Revised by The Institute for Human Services for the Pennsylvania Child Welfare Competency-Based Training and Certification Program. 203 Investigative Interviewing in Child Sexual Abuse Cases 37

Children’s Communication Sequencing #1 My mom said if I put my dolls in the closet and my toys in the box, she'll buy me a present. So I did, and she took me to Wal-Mart, and we looked at kid's stuff, and I picked ribbons .#2 See my ribbons. I just got them. They're new. My mom said they make me look pretty. All of us kids have to clean up our room. It's called our chores. Mom says kids need to do chores because everybody has to do their part and when you do your part your mom is happy with you. 38

Activity Label a lined sheet of paper with the following, leaving spaced between each label: Containment Focused listeningReaching into silencesIndividually record at least one example of each on your paper and one way you can improve your use of the skill when you return to work. 39

Stages of the Interview Process Preparation Stage Beginning and Introductions Stage Questioning and Clarification Stage Ending and Transitions Stage 40

Identification of Safety Threats Protective Capacities Analysis Safety Decision Safety Plan D O C U M E N T A T I O N Incorporating The Six Domains I N F O R M A T I O N G A T H E R I N G 41

Incorporating the Six Domains Who are the caretakers in the home? Have we seen all the children? Wo else (family or community) can be of help?What action is required right now? How does this affect my plan for the next 60 days? 42

Agenda on Day 2 Interviewing the Non-Offending Parent Interviewing the Alleged Perpetrator Interviewing Collaborative WitnessesMaking Decisions in Case PlanningClosing and Evualuation 43

Reasons a Child May Purposefully Disclose Threat to safety removed or lessened Threat to safety is heightened Household/Relationship changesMaturation/Ability to fight backDirect conversation 44

Critical Thinking Skills Comprehension: Gather Information What’s the situation? What’s the challenge? What facts and information are relevant? What is the relevant law, policy? Analysis: Compare/Contrast What is the context? What has changed? What remains the same? Are there any cause/effect relationships affecting this? How does this issue relate to other cases or past history? What differentiates this case? Synthesis: Plan and Implement What are you options? Which option do you propose? What are your prioritized alternatives? What actions will you take? What results do you expect? Predictions: the “What If?” Evaluation: Revisit and Readjust What result(s) did the action(s) produce? What happened as predicted? What was unexpected? What needs to change/continue? What is the next step? 45

Critical Thinking Skills (continued) Comprehension: Gather Information What’s the situation? What’s the challenge? What facts and information are relevant? What is the relevant law, policy? Analysis: Compare/Contrast What is the context? What has changed? What remains the same? Are there any cause/effect relationships affecting this? How does this issue relate to other cases or past history? What differentiates this case? Synthesis: Plan and Implement What are you options? Which option do you propose? What are your prioritized alternatives? What actions will you take? What results do you expect? Predictions: the “What If?” Evaluation: Revisit and Readjust What result(s) did the action(s) produce? What happened as predicted? What was unexpected? What needs to change/continue? What is the next step? 46

Critical Thinking Skills Activity Think of a case that you are currently working on or that you have worked on recently. Apply the Comprehension: Gathering Information and Analysis: Compare/Contrast steps involved in critical thinking to your caseUse the questions as a guide Turn to a partner and share your experience with the application of the two components of critical thinking skills. 47

Thinking Errors “I am the mother in this household. I may do what I want with my child .”“I am responsible for educating my son. I am teaching him about sexuality.”“I am a man with strong sexual desires. She is available for me to use in this way .” “I asked her if it felt good to her; I was careful not to hurt her.” “He never said he didn’t want to do it. I never did anything he didn’t want me to.”48

Thinking Errors (continued) “I told her we are all sinners; we all have problems – and I asked her if she wanted to see what my problem was .” “Oral sex doesn’t count; it isn’t cheating.”“My wife doesn’t mind. She doesn’t want to give me head so I had her little girl do it. At least I wasn’t committing adultery by going outside the marriage.” “A stiff dick has no conscience.” 49

Activity Each table will be assigned one of the following topics: Preparation Stage Beginning and Introductions StageQuestioning and Clarification StageEnding and Transitions StageAlleged Perpetrator is Non-Family Member Discuss and record how interviewing the alleged perpetrator differs from interviewing the other subjects of the report (child, parents, etc . 50

Common Sex Offender Assessment Areas: 51 Sexual history Offense specific information (criminal history, type of child preferred) Sexual fantasy activity Levels of anger or hostility The sexual knowledge of the alleged perpetrator Levels of empathy Levels of social skills Cognitive distortions Department of Public Welfare, 2013

Delay of Notification According to the amended CPSL (2014): §6368 (l) Notice of Investigation Prior to interviewing a subject of a report, the county agency shall orally notify the subject, except for the alleged victim, who is about to be interviewed of the following information: The existence of the report The subject’s rights under 42. Pa. C.S. (relating to right to counsel) and 6338 (relating to other basic rights) The subject’s rights pursuant to this chapter in regard to amendment or expungement The subject’s right to have an attorney present during the interview Written notice shall be given to the subject within 72 hours following oral notification, unless delayed as provided in subjection (m). §6368 (m) Delay of notification – The notice may be reasonably delayed, subject to the following: If the notification is likely to: Threaten the safety of a victim, a subject of the report who is not a perpetrator or the investigating county agency worker Cause the perpetrator to abscond Significantly interfere with the conduct of a criminal investigation The written notice shall be provided to all subjects of the report prior to the county agency reaching a finding on the validity of the report. 52

Interviewing Alleged Perpetrators Interview: A meeting at which information is obtained from a person Should be conducted in a location that affords privacy and no interruption or distractions Non-accusatory in design and natureThe interviewee may or may not be formally charged with any crime If not in custody, is free to leave at will Miranda Warnings are required if suspect is in custody Are not limited in time (within reason); they take as much time as needed to discuss the information needed Any written statements given by the person being interviewed are done on an “Affidavit in Fact” form if interview is conducted by or in conjunction with law enforcement At this time, the alleged perpetrator may give an alibi that can be verified or disproved through the investigation Adapted from Lieutenant Bill Walsh, Dallas Police Department Walters, S.M. (2002). Working with the non-offending caregiver. APRI Update, 15(11) . Alexandria, VA: American Prosecutors Research Institute, National Center for Prosecution of Child Abuse. 53

Assuring the Child’s Safety A safety plan should be developed which will address appropriate visitation between the child and the alleged perpetrator.If the alleged perpetrator will not voluntarily leave the home, the child welfare professional will need to remove the child (and probably the siblings). This would be traumatic for the child The perpetrator is encouraged to think of the child's needs, not his or her own 54

Act 55 Family finding shall be conducted when the child is accepted for services and at least annually thereafter, until the child's involvement with the county agency is terminated or one of the following criteria about the child is met: Dependent and the court determines that continued family finding threatens child’s safety or is not in child’s best interest.Not dependent and the agency determines that continued family finding threatens child’s safety.In pre-adoptive placement with court proceedings. 55

Collaboration with Other Agencies Pertinent statutes and regulatory guidelines include : Chapter 6, Title 63 Domestic Relations, CPSL §6368 Investigation of reports. CPS regulations55 Pa. Code, Chapter 3130.44 (c) Confidentiality of family case records Juvenile Act §6311 (b)(2)(Powers and duties )Juvenile Act §6336 (f) (Discretion of the Court)56