Child Forensic Interviewing

• Author: Lisa Joyal/Jennifer Gibson/Lisa Henderson/David Berg/Kasandra Cronin
• Pages: 31-64

31

Child Forensic

Interviewing

Meredith Kirkland-Burke

&

JaneenModdejonge

3

I. Introduction ............................................. 32

II. The Development of Child Forensic Interviewing Protocols ....... 32

III. The Developmental Capabilities of Children . . . . . . . . . . . . . . . . . . . 36

A. Memory ........................................... 36

B. Cognitive Skills ..................................... 40

C. Language Skills ..................................... 42

IV. What Child Forensic Interviewers Need to Know

About Question Types ..................................... 44

V. Evidence-Based Practice Principles of a Forensic Interview ....... 47

VI. Trauma-Informed Approaches to Child Forensic Interviewing ...... 50

VII. Conclusion .............................................. 57

References .............................................. 58

© [2023] Emond Montgomery Publications. All Rights Reserved.

32Prosecuting and Defending Oences Against Children

I. Introduction

Familiarity with empirical knowledge and practice-based principles regarding child

forensic interviewing is beneficial for police officers, child welfare workers, prosecu-

tors, defence counsel, and judges who work in the criminal justice system. Criminal law

professionals can be more effective in their roles when they understand the strengths

of and challenges posed by a child’s statement of alleged abuse. This understanding

will help law professionals prepare child forensic interviewers, like police officers, to

testify in court, and it will allow court professionals, like lawyers and judges, to better

formulate the questions they ask children during criminal proceedings.

This chapter discusses both evidence- and practice-based principles of child foren-

sic interviewing, including a review of optimal interview settings, pre-interview prep-

aration, and protocol use. Children’s developmental capabilities will be highlighted

where they are relevant to child forensic interviewing, and question types and recom-

mended questioning strategies will be described. The chapter also references litera-

ture related to the impact of trauma for child victims and witnesses to help all court

professionals in the criminal justice system who work with children adopt a trauma-

informed approach. A consensus document pertaining to child forensic interviewing

defines a child forensic interview as:

a developmentally sensitive and legally sound method of gathering factual information

regarding allegations of abuse or exposure to violence. This interview is conducted by a

competently trained, neutral professional utilizing research and practice-informed tech-

niques as part of a larger investigative process. (Newlin et al., 2015, p. 3)

While a formal child forensic interview typically occurs at the outset of a child

abuse investigation and is often conducted by a police officer or child welfare worker,

knowledge of the essential elements of a forensic interview process is helpful and

relevant for any court professional who works with children in criminal proceedings

and is attempting to understand a child’s experience.

II. The Development of Child Forensic

Interviewing Protocols

Child forensic interviewing became a focus after several high-profile and dramatic

child sexual abuse investigations in the United States during the early 1980s. At that

time, society was beginning to understand and acknowledge the prevalence of child

sexual abuse but did not have the experience or framework to properly investigate

crimes against children. The 1980s cases (e.g., the McMartin daycare trial) high-

lighted the damaging effects of interviewing children without considering their devel-

opmental stage, unique needs, and abilities (Saywitz & Camparo, 2009). In these

cases, investigative techniques, such as repeated interviews with leading questions

© [2023] Emond Montgomery Publications. All Rights Reserved.

Chapter 3 Child Forensic Interviewing 33

and the use of puppets and dolls, resulted in false disclosures characterized by dra-

matic accounts of satanic ritualistic sexual abuse of hundreds of children. In addition

to problematic formal interviews, letters were mailed en masse to parents asking them

to directly question their children about specific sexually abusive acts, which led to

further contaminated disclosures and subsequent charges of sexual abuse and years

of litigation. Following this, professionals and researchers in the child interviewing

field turned their attention to the developmental literature and research examining

whether children had the ability to provide reliable statements in a legal process and,

if so, under what conditions.

After more than 30 years of research, the child forensic interviewing field now

understands that children can provide reliable information and that the current goal of

a forensic interview is primarily to elicit a complete and accurate account of the child’s

experience(s) while minimizing the introduction of specific information or influence

from the interviewer (National Children’s Advocacy Center [NCAC], 2019; Newlin

et al., 2015; Saywitz et al., 2007). The field understands that it is not appropriate to

simply talk with children, nor is it acceptable to apply interview techniques used with

adults to interviews with children. Additionally, a child forensic interview is different

than speaking with children for the purposes of therapy, teaching, or diagnosis. The

development of forensic interviewing protocols has enhanced interviewers’ adherence

to best practice recommendations regarding child forensic interviewing techniques.

There are many different child forensic interviewing protocols in existence, and the

field has not defined one standardized protocol (see Table 3.1). In 2010, representatives

of several major US forensic interview training programs (the American Professional

Society on the Abuse of Children [APSAC], the CornerHouse Interagency Child Abuse

Evaluation and Training Center, the Gundersen National Child Protection Training

Center, the National Children’s Advocacy Center [NCAC], and the National Institute

of Child Health and Human Development [NICHD]) met to review and consolidate

literature in the field and to create a best-practice document for completing forensic

interviews with children (APSAC, 2012; Newlin et al., 2015). Protocol use is recom-

mended for interviews of children who are believed to be experiencing victimization as

well as those who have witnessed abuse and violence (Lamb et al., 2008).

Different interview protocols have received varying levels of attention from

researchers, but there is a general consensus that more similarities exist than differ-

ences. Protocols encourage a semi-structured, multi-phased approach to interview-

ing. Most child-focused protocols include a pre-substantive phase that focuses on

building rapport, outlining interview instructions and ground rules, and providing an

opportunity for children to practise verbalizing a narrative response about a neutral or

positive event or experience. Next is the substantive phase, where the allegations are

explored with attention to alternative hypotheses (Cordisco Steele & NCAC, 2016)

and open-ended questions. Afterwards, there is a break for consultation, followed by

a clarification and closing phase.

© [2023] Emond Montgomery Publications. All Rights Reserved.