Investigative Interviewing in Child Sexual Abuse Cases Child

Investigative Interviewing in Child Sexual Abuse Cases

Child Sexual Abuse Certification Series Overview of Child Sexual Abuse Sexuality of Children: Healthy Sexual Behaviors and Behaviors Which Cause Concern Working with Juveniles Who Sexually Offend Family Reunification & Case Closure in Child Sexual Abuse The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 2 of 40

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 teams. Know the stages of the interview and the methods to be used in interviewing alleged victims, non -offending parents, alleged perpetrators and collateral witnesses. Understand the dynamics involved in child sexual abuse. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 3 of 40

Agenda on Day 1 Introductions and Agenda Overview of Investigative Interviewing Investigative Logistics and Teaming Beginning & Introductions Stage Questioning & Clarification (Work) Stage The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 4 of 40

“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 The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 5 of 40

Complexity of Child Sexual Abuse The young age of a child & their difficulty expressing what occurred/how they are feeling. Family taboos on teaching formal names of sexual/private body parts. The fact that there is usually little physical evidence and no witnesses. Denial 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. 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. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 6 of 40

Complexity of Child Sexual Abuse Prior negative experiences during investigations or anticipation of such. Sense of intruding into family space. Multi-generational/extended family patterns of sexual abuse. 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 child. The 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/entities. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 7 of 40

Scope of Investigation The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 8 of 40

Investigative Goals The investigation is a detailed fact-finding process with primary goals of: 1) Assessing immediate safety threats and ongoing risk to the child; 2) Maximizing information obtained about the alleged incident; 3) Gathering evidence to support the findings; 4) Minimizing trauma to the child; 5) Maintaining the integrity of the investigative process; 6) Determining whether the allegation of child sexual abuse is substantiated; and 7) Developing and implementing a plan to protect the child. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 9 of 40

Activity Record 3 important skills or qualities an investigative interviewer must possess. What skills do they need to have related to those roles? The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 10 of 40

A SUCCESSFUL INTERVIEWER 1. Possesses a sense of professionalism and takes responsibility for conducting an effective and fair interview/investigation; 2. Uses effective listening skills, including active listening; 3. Employs detailed observation skills; 4. 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; The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 11 of 40

A SUCCESSFUL INTERVIEWER, continued 5. Maintains self-control while establishing empathy with interviewees; 6. Has intricate knowledge of the laws and regulations affecting child abuse; 7. Confronts inconsistencies while gaining cooperation with the safety plan; 8. Is intent on finding the truth. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 12 of 40

Definitions of Interview Types Investigative Interview: a directed conversations between an investigator and a subject in order to gather information about an incident, identifying individual and resources necessary to assure child safety. Forensic Interview: narrowly-defined interview process between a specially-trained law enforcement official or interviewer which use a specific order to the interview process, concentrating on obtaining information relating to evidence and prosecution. Therapeutic Interview: clinical interview concerned with the 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. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 13 of 40

Additional Resources Article for accidental v. sexual abuserelated hymenal injury photographs Child Abuse & Neglect: Sexual Abuse (June 16, 2006) by Angelo P. Giardino, MD, Ph. D http: //www. emedicine. com/ped/topic 2649. htm Forensic interviewing & certification: National Association of Certified Child Forensic Interviewers http: //www. naccfi. com The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 14 of 40

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 Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 15 of 40

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 & Planning Process. ) Risk: “danger of future harm to the child. ” (See OCYF Bulletin #3490 -97 -01, effective 7/1/97, Risk Assessment Policies Procedures) The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 16 of 40

Stages of Interview Process 1. Preparation Stage 2. Beginning and Introduction Stage 3. Questioning and Clarification Stage 4. Ending and Transition Stage The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 17 of 40

Definition of Culture represents the vast structure of behaviors, ideas, attitudes, values, habits, beliefs, customs, language, rituals, ceremonies and practices “peculiar” to a particular group of people. It provides them with: 1. a general design for living and 2. patterns for interpreting reality. Culture determines how we see the world and the way we see the world is reflected in our behavior. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 18 of 40

Sequencing of the Interviews Best practice indicates that, in most cases, interviews should occur in the following order: 1. 2. 3. 4. 5. the alleged child victim; the siblings and /or other children; the non-offending parent; the alleged perpetrator; and corroborative witnesses and other family members/others to whom the child may have disclosed (e. g. , a friend or relative). The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 19 of 40

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 The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 20 of 40

Interviewing Tools Crayons and Paper Puppets Dolls Play Dough Toy Telephones Body Parts Drawing The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 21 of 40

Family Tree for the Doe-Davis Family Married 13 Yrs Grandpa Doe Grandma (Finch) Doe Separated 8 Yrs. Paternal Grandfather Age 62 Whereabout s Unknown Paternal Grandmother Deceased 14 Years Ago Melvin Doe, Sr. Regina (Doe) Smeltz Father Age 35 Paternal Aunt Age 37 Married 8 Yrs Male Female Child Married Brother 15 9 th Grade Paced @ YDC Separated Divorced The Pennsylvania Child Welfare Training Program Married 7 Yrs. John “Mack” Davis Divorced Melvin Doe, Jr. Key Katherine (Mc. Cauley) Doe Davis Mary Doe Child Age 8 3 rd Grade Lives w/ Katherine & John Mike Doe Half-Brother Age 6 1 st Grade Lives w/ Katherine & John 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 22 of 40

Incorporating The 6 Domains Identification of Safety Threats D O C U M E N T A T I O N Protective Capacities Analysis Safety Decision I N F O R M A T I O N G A T H E R I N G Safety Plan The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 23 of 40

Incorporating the 6 Domains Who are the caretakers in the home? Have we seen all the children? Who 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 The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 24 of 40

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 the following sentence: The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 25 of 40

Activity: Rules of the Interview It’s okay for you to ask questions. Tell me if you don’t know the answer to a question. Ask if you don’t know what something means. I 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 family. Tell me if I get something wrong. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 26 of 40

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 had to do their part and when you do your part your mom is happy with you. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 27 of 40

Activity Label lined sheet of paper with the following leaving spaces between each label: Containment Focused Listening Reaching into Silences Individually record at least 1 example of each on your paper & one way you can improve your use of the skill when you return to work. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 28 of 40

Activity: Stages of Interview Process 1. Preparation Stage 2. Beginning and Introduction Stage 3. Questioning and Clarification Stage 4. Ending and Transition Stage The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 29 of 40

Agenda on Day 2 Interviewing the Non-Offending Parent Interviewing the Alleged Perpetrator Interviewing Collaborative Witnesses Making Decisions in Case Planning Closing and Evaluation The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 30 of 40

Reasons a Child May Purposefully Disclose Threat to safety removed or lessened Threat to safety is heightened Household/Relationship changes Maturation/Ability to fight back Direct conversation The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 31 of 40

Thinking Errors: “I am the father in this household. I may do what I want with my child. ” “I am responsible for educating my daughter. I am teaching her 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. ” “She never said she didn’t want to do it. I never did anything she didn’t want me to. ” “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. ” The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 32 of 40

Activity Each table will be assigned one of the following topics: Preparation Stage Beginning & Introductions Stage Questioning & Clarification Stage Ending & Transitions Stage Alleged Perpetrator is Non-Family Member Discuss & record how interviewing the Alleged Perpetrator differs from interviewing the other subjects of the report (child, parents) Refer back to Handout #14 The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 33 of 40

Common Sex Offender Assessment Areas: 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 The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 34 of 40

Delay of Notification According to CPSL § 6368 (a), Investigation of reports, oral notification of the nature of the interview (abuse allegations) must be given prior to interviewing any subject of the report, including the alleged perpetrator. Written notification must be provided within 72 hours of the oral notification. Notification may, however, be “reasonably delayed” if it is likely to: 1. Threaten the safety of the identified child, non-offending parent or investigation worker Cause the alleged perpetrator to abscond or Significantly interfere with the conduct of a criminal investigation. 2. 3. Written notice must be provided prior to the agency “reaching a finding on the validity of the report”. SW should advise law enforcement official of these parameters when law enforcement is requesting a delay in notification and should request that law enforcement specify that it would significantly interfere with their investigation if notification were provided immediately. If SW deems delay in notification necessary, the other interviewees (referral source, child/siblings, non-offending parent) should be notified of the decision and the rational provided. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 35 of 40

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 nature The 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 down 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 The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 36 of 40

Assuring the Child’s Safety 1. The alleged perpetrator should voluntarily leave the home because the child welfare professional must separate the two until the investigation is completed. 2. 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. 3. The perpetrator is encouraged to think of the child’s needs, not his or her own. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 37 of 40

COLLABORATION WITH OTHER AGENCIES Pertinent statutes and regulatory guidelines include: Chapter 6, Title 63 Domestic Relations, CPSL § 6368 Investigation of reports. CPS regulations. 55 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). The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 38 of 40

CFSR Service Array Provide services designed to -provide pre-placement preventive services -help children remain safely with their families Describe the extent to which all the services are accessible to families and children. Ensure services are individualized, based on the needs of the child and family. The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 39 of 40

Investigation and Interviewing PHASE I: CRISIS INTERVENTION PHASE II: INDIVIDUAL THERAPY PHASE III: STRENGTHENING FAMILY RELATIONSHIPS PHASE IV: REUNIFICATION/PERMANENCY (Adapted from pp. 200 -216, Rycus & Hughes, 1998, Vol. I. ) The Pennsylvania Child Welfare Training Program 203: Investigative Interviewing in Child Sexual Abuse Cases Slide 40 of 40