Trauma Fact Sheet for Working with Court - PDF document

1 Trauma Fact Sheet for Working with Cour
Trauma Fact Sheet for Working with Court - Involved Eouth People Who Work with Oourt - involved Youth Should Know about Trauma Ohildren who experience trauma have dispropor�onate contact with the jus�ce system. ¹ Some studies show that 75 - 90% of youth entering the jus�ce system have experienced some level of trauma�c vic�miza�on. ² Being abused or neglected as a child increases the likelihood of arrest as a juvenile by 59%. ³ LGBTQI youth are more likely than their straight peers to experience rejec�on or abuse by their families, vic�miza�on at school, and homelessness. ⁴ Exposure to trauma�c events can produce profound and las�ng changes in physiological arousal, emo�on, cogni�on, and memory. ⁵ O hildren exposed to trauma�c events are at heightened risk for adverse outcomes such as placement or school failure, delinquency, poor mental and physical health, and may develop emo�onal and behavioral problems such as dysregula�on, i.e., out - of - balance emo�ons that lead to out - of - control behavior. ⁶ Some of the features inherent in both the juvenile jus�ce system and the child welfare system such as removal of a child from a primary caregiver or repeated changes in placement are themselves sources of trauma. ⁷ Addi�onally, trauma is o�en misdiagnosed and many of the behaviors that precipitate our clients’ court involvement may be manifesta�ons of trauma. ⁸ The American Bar Associa�on has recommended that all professionals working with children exposed to trauma integrate trauma knowledge and awareness into daily legal prac�ce. ⁹ Youth are Resilient Resilience is the capacity to adapt a�er a trauma�c event. It is not an inherent quality in a person but rather something that can be developed. ¹⁰ Research on resiliency suggests that youth are more likely to overcome adversity when they have caring adults in their lives. Through posi�ve rela�onships with adults, youth experience a safe and suppor�ve connec�on that fosters self - e�cacy, increases coping skills, and enhances natural talents. ¹¹ There are mental health treatments that are e�ec�ve in helping youth who are experiencing trauma�c stress. ¹² What You Oan Do Become trauma - informed - This means having a basic understanding of how trauma a�ects people and using this understanding to respond appropriately to those who have been exposed to trauma�c events. ¹³ Avoid re - trauma�zing youth – Oertain prac�ces in the juvenile jus�ce and child welfare system cause trauma and/or re - trauma�ze youth. Advocate to minimize: out of home placements͖ mul�ple placements͖ school disrup�ons͖ shackling͖ the use of physical restraints͖ and deten�on. Ensure that the child - serving agencies (including courts) protect and respect your client’s privacy rights. ¹ ⁴ Encourage resilience - While nega�ve early life rela�onal experiences have the ability to shape the child’s developing brain, posi�ve rela�onships can be protec�ve and repara�ve. ¹⁵ The most signi�cant protec�ve factor for children and adolescents who have experienced trauma is a healthy rela�onship with at least one caring adult. Oonnect your client with appropriate providers. Focus on your client’s strengths and give them a voice in the proceedings. “Trauma is the experience of overwhelming demands placed upon the physiological and psychological systems of the body resul�ng in a profoundly felt sense of betrayal, vulnerability, and immobiliza�on.” Robert D. Macy, Ph.D May, 2016 Children and Family Law Division and Eouth Advocacy Division of the Committee for Public Counsel Services T ips on Olient Engagement When developing a rela�onship with a client who has experienced trauma, one should consider the importance of establishing trust and the fact that a child who has experienced trauma may have di昀

2 660069;culty processing verbal communic
660069;culty processing verbal communica�ons. Here are a few �ps:  If your client does not want to talk, wait un�l your client is ready.  Oheck and make sure your client feels safe and help them iden�fy what makes them feel unsafe and assist them in making a safety plan .  Give age - appropriate explana�ons.  Keep your word - follow through.  Listen ac�vely, carefully, and responsively.  Ask your client to repeat back what you have discussed with them in order to gauge their understanding.  Maintain a neutral posture and expression.  Ask open ended ques�ons when possible.  Do not be afraid to talk about the trauma�c event. Trauma Fact Sheet for Working with Court - Involved Eouth Secondary Trauma: Any professional who works directly with trauma�zed children is at risk of secondary trauma�c stress. Secondary trauma�c stress, some�mes called “compassion fa�gue,” is the emo�onal duress that results when an individual hears about the �rsthand trauma experiences of another. Its symptoms mimic those of post - trauma�c stress disorder (PTSD). Part of being trauma - informed is recognizing this and taking the necessary steps to keep healthy so you can con�nue to help your clients. It is important for those who work in juvenile court to be aware of secondary trauma�c stress and to have a plan that provides posi�ve coping strategies. ¹⁸ Poten�ally Trauma�c Events Include : Emo�onal, physical, or sexual abuse, neglect, physical assaults, witnessing violence, racism, bullying, serious accidents, serious injuries, loss of loved ones, abandonment, or separa�on. ¹⁷ 2 What You Should Know While knowledge of trauma and resiliency is essen�al to zealous advocacy, it is important to remember the youth must consent to any use of the informa�on. Prac��oners must exercise cau�on before disclosing a client’s trauma history in court. Oourts may not have the proper processes in place to deal with these issues. Educa�ng the court and focusing on your client’s strengths and resilience may alleviate some of these poten�al problems. Here are some considera�ons: ¹⁶  Some judges may equate a youth’s trauma history to mean that the youth is too damaged to be safe in the community.  Addressing trauma without discussing the racial biases that have caused the over - representa�on of youth of color in court risks the implica�on that youth of color are system - involved because of family problems rather than system biases.  Providing the court with a youth’s trauma history may bring the youth further into the system when those youth would do be�er with voluntary services from other systems.  A court may use a youth’s trauma history to jus�fy sentencing the youth to adult penal�es.  The process of iden�fying trauma by service providers, agencies, or a�orneys may cause self - incrimina�on problems. Trauma Reac�ons An event that is trauma�c for one person may not be trauma�c for another and it is important to note that each child experiences a trauma�c event di�erently. ¹⁹ The impact of trauma depends on a variety of factors such as the child’s temperament, the accumulated number and type of experienced trauma�c events, the child’s support network of family and friends, and the child’s access to professional assistance to cope with trauma. ²⁰ Ohildren who have experienced trauma may have incre ased di�culty concentra�ng and learning at school and may engage in unusually reckless or aggressive behavior .²¹ Trauma Fact Sheet for Working with Court - Involved Eouth 3 Here is What the Manifesta�ons of Exposure to Trauma May Look Like in Some Youth: ²⁵ Young children (birth – 5 years old)  Withdrawal and passivity  Exaggerated startle response  Aggressive outbursts  Sleep di�cul�es (including night terrors)  Separa�on anxiety  Fear of new situa&#

3 x00740069;ons  Di�
x00740069;ons  Di�culty assessing threats and �nding protec�on  Regressi on to previous behaviors (baby talk, bed - we�ng) School - age children (6 - 12 years old)  Abrupt and unpredictable shi�s between withdrawn and aggressive behaviors  Social isola�on and withdrawal  Sleep disturbances that interfere with day�me concentra�on and a�en�on  Preoccupa�on with the trauma�c experience(s)  Intense, speci�c fears related to other trauma�c event(s) Adolescents (13 - 18 years old)  Increased risk taking (substance abuse, truancy, risky sexual behaviors)  Heightened sensi�vity to perceived threats (may respond to seemingly neutral s�muli with aggression or hos�lity)  Social isola�on (belief that they are unique and alone in their pain)  Withdrawal and emo�onal numbing  Low self esteem (may manifest as a sense of helplessness or hopelessness) The “Fight, Flight, or Freeze Response” to Trauma: These are key behaviors to be cognizant of so that you will be be�er able to assist your client during the court process. Avoidance/Withdrawal : Ohildren, when faced with reminders of the trauma�c event they su�ered, may experience so much pain and anxiety that they become overwhelmed. In situa�ons when they cannot physically withdraw from those reminders, they may dissociate. Following a trauma�c experience, children may act stunned or numb. ²² Some responses:  Feeling numb, shut down, or separated from normal life  Pulling away from ac�vi�es and rela�onships  Avoiding things that prompt memories of the trauma Hyperarousal : The anxiety or arousal states associated with a trauma�c event can be stored. Re - exposure to cues (triggers) associated with the trauma (sights, sounds, and smells) can elicit these stored “memories.” Not only will the thoughts of the event be recalled, the emo�ons and feelings (fear, anxiety, pain) of being out of control and threatened will be re - experienced as well. ²³ Some responses:  Anxiety  Sleep problems  Hyerpvigilance  Behavioral impulsivity Hyper - Vigilance : Ohildren who have been exposed to trauma are o�en vigilant and guarded in their interac�ons with others and are more likely to perceive situa�ons as stressful or dangerous. While this defensive posture is protec�ve when an individual is under a�ack, it becomes problema�c in situa�ons that do not warrant such intense reac�ons. ²⁴ De�ni�ons ²⁶ Oomplex Trauma: This term describes both children’s exposure to mul�ple trauma�c events, o�en of an invasive, interpersonal nature, and the wide - ranging, long - term impact of this exposure. Post Trauma�c Stress Disorder (PTSD): An anxiety disorder de�ned in the DSM - 5 that can develop a�er exposure to a terrifying event or experience in which grave physical harm occurred or was threatened. Diagnos�c criteria for PTSD include exposure to a trauma�c event, re - experiencing of the event (e.g., nightmares, �ashbacks), persistent avoidance of things associated with the trauma (e.g., avoiding certain ac�vi�es, avoiding talking about the event), and increased physiological arousal. To meet diagnos�c criteria for PTSD, an individual must exhibit a certain number of symptoms, for a dura�on of more than one month, and experience clinically signi�cant distress or impairment. Toxic Stress: Toxic stress is the strong, unrelieved ac�va�on of the body’s stress management system. Without adequate adult support, the unrelen�ng stress caused by extreme poverty, neglect, abuse, or severe maternal depression can weaken the architecture of the developing brain, with long - term consequences for learning, behavior, and both physical and mental health. ²⁷ Trauma�c Reminders (triggers): People, places, ac�vi�es, internal sensa�ons, or other th

4 ings that trigger memories of a trauma
ings that trigger memories of a trauma experience. Trauma reminders can cause feelings of fear or distress. Trauma reminders can "restart" pos�rauma�c stress reac�ons or behavior even years a�er a trauma�c event has occurred. References: ¹ Justice Policy Institute, Healing Invisible wounds: Why Inves�ng in Trauma Informed Oare For Ohildren Makes Sense (July 2010). ² Id . ³ Widom, O.S., Vic�ms of Ohildhood Abuse Later Oriminal Oonsequences , Research in Brief, U.S. Department of Jus�ce, O�ce of Jus�ce Programs, Na- �onal Ins�tute of Jus�ce (1995) https://www.ncjrs.gov/pdffiles1/nij/184894.pdf . ⁴ SAMSHA’s Gain Oenter, How Being Trauma - Informed Improves Oriminal Jus�ce System Responses, Fact Sheet: LGBTQ Youth. ⁵ Putnam, F.W., The Impact of Trauma on Ohild Development , Juvenile and Family Oourt Journal (Winter 2006). ⁶ Ohild Welfare Informa�on Gateway Issue Brief , Understanding the E�ects of Maltreatment on Brain Development (November 2009). ⁷ Vandervort, F., The Impact of Trauma�c Stress and Alcohol Exposure on Youth: Implica�ons for Lawyers, Judges and Oourts, Michigan Ohild Welfare Law Journal (Winter 2007 - 2008). ⁸ Focal Point Vol. 21, Oomplex Trauma in Ohildren and Adolescents , (Winter 2007 ). ⁹ ABA policy on Trauma - informed Advocacy for Ohildren and Youth, February 10, 2014͖ NOTSN Bench Oard for the Trauma - Informed Judge, Ten things Every Juvenile Oourt Judge Should Know About Trauma and Delinquency. ¹⁰ Vandervort, Henry, Sloane, Building Resilience in Foster Ohildren: The Role of the Ohild’s Advocate, 32 Ohild. Legal Rts. J. 1 (2012). ¹¹ NOTSN, Ten things Every Juvenile Oourt Judge Should Know About Trauma and Delinquency . ¹² http://www.nctsn.org/resources/topics/treatments - that - work/promising - practices ¹³ See, Bassuk, Konnath, Volk, Understanding Trauma�c Stress in Ohildren, Na�onal Oenter on Family Homelessness, (February, 2006)͖ Vic�miza�on and Trauma Experienced by Ohildren and Youth: Implica�ons for Legal Advocates Safe Start Oenter Series on Ohildren Exposed to Violence, Issue Brief 7. ¹⁴ Pilnik, Lisa, J.D., Kendall, Jessica., J.D., Identifying Polyvictimization and Trauma Among Oourt - Involved Ohildren and Youth: A checklist and Resource Guide for Attorneys and Other Oourt - Appointed Advocates . ¹⁵ Ludy - Dobson O. & Perry B., The Role of Healthy Rela�onal Interac�ons in Bu�ering the impact of Ohildhood Trauma (2010). ¹⁶ The Juvenile Law Oenter, Trauma and Resilience: A New Look a Legal Advocacy for Youth in the Juvenile Justice and Ohild Welfare System s. ¹⁷ See, Bassuk, Konnath, Volk, Understanding Trauma�c Stress in Ohildren, Na�onal Oenter on Family Homelessness, (February, 2006)͖ ¹⁸ NOTSN, Secondary Traumatic Stress. See, http://www.nctsn.org/resources/topics/secondary - traumatic - stress for more information. ¹⁹ NOTSN, Understanding Traumatic Stress in Adolescents: A Premier for Substance Abuse Professionals. ²⁰ Vandervort, Henry, Sloane, Building Resilience in Foster Ohildren: The Role of the Ohild’s Advocate, 32 Ohild. Legal Rts. J. 1 (2012). ²¹ NOTSN, The Effects of Trauma on Schools and Learnin g. ²² Ohild Trauma Academy, Surviving Ohildhood: An Introduction to the Impact of Trauma ( 2005). ²³ Id . ²⁴ NOTSN, Effects of Oomplex Trauma. ²⁵ NOTSN , Helping Trauma�zed Ohildren: Tips for Judges . ²⁶ From NOTSN, Glossary of Terms except where noted. ²⁷ Oenter on the Developing Ohild, Harvard University, http://developingchild.harvard.edu/science/key - concepts/toxic - stress/ Trauma Fact Sheet for Working with Court - Involved Eouth Online Resources: The Juvenile Law Oenter, h�p://www.jlc.org/resources/publica�ons/trauma - and - resilience Na�onal Ohild Trauma�c Stress Network (NOTSN), h�p://www.nctsn.org/ The Substance Abuse and Mental Health Services Administra�on, h�p://www.samhsa.gov/traumaJus�ce/ Trauma Oenter at the Jus�ce Resource Ins�tute, h�p://www.traumacenter.org/ Ohild Trauma Training Oenter , h�p://www.umassmed.edu/c�c/