Darkscan

Appropriate Responses to a Possibly Abused or Neglected Child

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Sometimes children offer unsolicited facts that sound like an abuse or neglect situation. Normally only caseworkers or investigators should interview children about it. BUT, if the child initiates the discussion, a potential reporter may respond with calm open-ended questions.

Key Issue:  The first adult – or the first one who goes on record – whom a child tells about abuse is an “outcry witness” as to the time, details, and circumstances of the “outcry”. Mostly this applies to sexual abuse. And testimony from the outcry witness is admissible in most states in trials concerning sexual abuse of a child; this is a special exception to the ban against hearsay in court.

Create a Calm, Comfortable, Confidential Environment

·       Respond quickly and show interest in the child’s feelings. Take them seriously.

·       Talk in a place where you won’t be overheard.

·       Chat at or near the child’s eye level, but with a comfortable space from him/her.

·       If feasible, have fun things available (toys, games, art supplies, etc.).

·       Stay calm and relaxed. Be mindful of your facial expressions and body language.

·       If the child talks about body parts, offer a doll or diagram if there is a need to clarify.

Be Sensitive

·       Always be kind, respectful and empathetic. Be open and understanding. Believe the child.

o   BUT, do NOT hug or touch the child unless s/he says that is okay.

·       Tell the child it is not his or her fault.

o   BUT, do NOT promise that you won’t tell anyone. Reporting will be telling.

·       Give comfort: “I’m sorry to hear what happened to you.” “I’m glad you came and told me.”

o   BUT, do NOT promise results. Investigation and the outcome are beyond your scope.

Go with the Flow

·       Let the child communicate in any way that s/he prefers (or that vents feelings). It may be talking, writing, doing artwork, or chatting while throwing a ball or punching something.

Listen Well

·       Do not act shocked, disgusted or alarmed. Child victims blame themselves and often love the people who mistreat them.

·       Listen carefully and completely: do not rush the child.

·       Observe the child’s body language and facial expressions.

·       Be attuned to the child’s mental capabilities and limitations as the discussion progresses.

·       Believe the child, especially if it concerns sexual abuse (children rarely make that up).

·       Avoid jumping to conclusions or rushing to value judgments. For instance, poverty does not necessarily indicate neglect.

Speak Carefully

·       Speak in a way the child can understand. Stay simple. (E.g., Don’t use double negatives.)

·       Restate to the child what you’re hearing, and clarify understanding.

·       Do NOT ask yes/no or multiple-choice questions. Instead ask – or follow up with – open-ended questions: “What happened then?” “Who is Mary?” (if Mary is mentioned) Etc.

·       Do NOT ask many questions. The goal is to get the big picture, not comprehensive details.

Document the Discussion

·       Write down the questions and answers verbatim at the time if possible, and store the notes in a secure place or manner. NOTE: Recording such a session is not advised unless permission to record is already in place for other reasons.  This caution is due to a variety of laws that may depend on the jurisdiction.

Respect Confidentiality Afterward

·       Share the child’s information only on a need-to-know basis (meaning: with authorities).

·       Don’t tell the family that you are reporting the concerns. One or more of them might be involved. They might pressure or further endanger the child if you put them on notice.

To further understand the issues, see:

Richard Cage and Marsha K. Salus, “The role of first responders in child maltreatment cases: disaster and nondisaster situations,” (U.S. Dept. of Health & Human Service, Office on Child Abuse and Neglect, 2010), posted at https://www.childwelfare.gov/pubPDFs/firstresponders.pdf

Anonymous, “When You Suspect Child Abuse or Neglect,” (Department of Justice, Federal Bureau of Investigation, undated), accessed 5/18/2020; posted at https://ucr.fbi.gov/stats-services/victim_assistance/brochures-handouts/when-you-suspect-child-abuse-or-neglect