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Who May Have Been Physically or Sexually Abused |
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Volume 36(10S) Supplement October 1997 pp 37S-56S Copyright 1997 © American Academy of Child and Adolescent Psychiatry |
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These parameters were developed by
William
Bernet,
M.D., principal author, Consultants and other individuals who commented on a draft of these parameters included Peter Ash, M.D., Barbara W. Boat, Ph.D., Stephen Ceci, Ph.D., David L. Corwin, M.D., Carlo P. DeAntonio, M.D., Andre P. Derdeyn, M.D., Phillip W. Esplin, Ed.D., Mark D. Everson, Ph.D., Daniel M.A. Freeman, M.D., Richard Gardner, M.D., Gail S. Goodman, Ph.D., Lawrence Hartmann, M.D., J. Ronald Heller, M.D., Stephen Herman, M.D., William Kenner, M.D., Ebrahim Kermani, M.D., Barry Nurcombe, M.D., Erna Olafson, Ph.D., Alvin A. Rosenfeld, M.D., Diane Schetky, M.D., Fredric Solomon, M.D., Sidney Werkman, M.D., and Alayne Yates, M.D. NOTE It is imperative that you understand that the contributors to these guidelines range from one end of the spectrum to the other. |
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OUTLINE
* Abstract |
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These practice parameters describe the forensic evaluation of children and adolescents who may have been physically or sexually abused. The recommendations are drawn from guidelines that have been published by various professional organizations and authors and are based on available scientific research and the current state of clinical practice. These parameters consider the clinical presentation of abused children, normative sexual behavior of children, interview techniques, the possibility of false statements, the assessment of credibility, and important forensic issues. These parameters were previously published in J. Am. Acad. Child Adolesc. Psychiatry, 1997, 36:423-442. J. Am. Acad. Child Adolesc. Psychiatry, 1997, 36 (10 Supplement) 37S-56S. |
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| Individuals
in private practice, as well as those
employed by courts or other
agencies, see children who may have been mentally,
physically, or sexually
abused. There are three distinct
roles for
them: forensic evaluator;
clinician, who is conducting mental health
assessments and providing
treatment; and consultant regarding public
policy.
Working as a forensic
evaluator,
the practitioner may
evaluate children in Working as clinicians,
mental
health professionals
may provide assessments Mental health professionals may deal with these issues on the level of public policy by sharing information with and educating attorneys and judges about the psychiatric aspects of abuse and the developmental needs of children (Goldstein et al., 1973, 1979) [67, 68]. In some states, clinicians have helped shape the laws that control how the legal system deals with abused children, including the criteria for reporting abuse and the methods of evaluation and procedures for hearing the child's testimony. There are some
differences in
the
method of evaluating
children who may Practice parameters
provide
guidelines for patterns
of practice, not for the care
of the particular individual
being evaluated
and/or treated. This document
is not intended to be construed
or to serve
as a standard of medical
care. Standards of medical care
are determined
on all facts and circumstances
involved in an individual case and are
subject to change as In this paper, the term
"child"
refers to both adolescents
and younger The list of references
for
this
paper was developed
by Medline and These practice parameters
pertain
to the evaluation
of children who may General works regarding
forensic
child psychiatry have
been written or General works regarding
the
identification, evaluation,
and treatment of General works regarding
sexual
abuse of children have
been published by The legal definitions of
terms
related to the maltreatment
of children vary Neglect
is the willful failure to provide adequate care and protection for
Physical
abuse is
the infliction of injury by a caretaker. It may take the
Sexual
abuse of childrenrefers
to sexual behavior between a child and an Psychological
abuse
occurs when a person conveys to a child that he or she
The
maltreatment of children occurs
in a wide range of circumstances. It In American society there
are
wide variations
in parenting practices. These Brief History of Child Maltreatment In the 1860s, a French
forensic
pathologist described
severe child abuse In the 20th century, the
rediscovery of child abuse
was signaled by a The Kempe school of thought is an anathema to victims of false allegations. In 1974 the federal
government
passed the Child Abuse
Prevention ~NOTE~
It took a separate
societal
realization during the
1970s to acknowledge the The National Committee to
Prevent
Child Abuse (1995)
[122] collects data Thompson (1994) [169]
reviewed
the epidemiology and
sociology of child Cicchetti and Toth (1995)
[30]
emphasized that child
maltreatment should be |
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Brief Review of Clinical Presentations Abused
children manifest diverse
symptoms, including a variety of ~NOTE~ 1. Underlining and color were not in the original. They have been supplied here by falseallegations.com for emphasis. 2. Note that this writing gives no clue as to the committee's evaluaton of the reliabiliy and validity of each of the studies cited here. Schmitt (1987) [152]
described
the characteristics
of physically abused DeAngelis (1992) [37]
described a
number of behaviors
associated with abuse Cicchetti and Toth (1995) [30] reviewed the literature regarding the psychological effects of physical abuse and neglect. They noted a wide range of effects: affect dysregulation; disruptive and aggressive behaviors; insecure and atypical attachment patterns; impaired peer relationships, involving either increased aggression or social withdrawal; academic underachievement; and psychopathology, including depression, conduct disorder, attention-deficit/hyperactivity disorder, oppositional disorder, and posttraumatic stress disorder. Sgroi (1982, 1988)
[155,156]
described a pattern that
is typical of Summit (1983)
[163] described
the child sexual abuse accommodation
~NOTE~
Browne and Finkelhor
(1986)
[22] reviewed and summarized almost 30 Finkelhor is one of the "abuse is everywhere" people. Friedrich et al. (1987) and Friedrich and Grambsch (1992) [60,62] found that the child who has been sexually abused is more likely than the normal child to manifest inappropriate sexual behaviors, such as trying to undress other people, talking excessively about sexual acts, masturbating with an object, imitating intercourse, inserting objects into the vagina or anus, and rubbing his or her body against other people. It is possible for a normal child who has never been abused to exhibit these behaviors. For the behaviors to suggest sexual abuse, they would need to be numerous and persistent. Friedrich and colleagues' studies were notable in that they compared abused children with normal controls. ~NOTE~ Beitchman et al. (1991)
[11]
reviewed the short-term
effects of child sexual
abuse. They found that victims of
child sexual
abuse are more likely than
nonvictims to develop some type of
inappropriate
sexual behavior. In Green (1993) [78]
reviewed
the
immediate and long-term
effects of child Kendall-Tackett et al.
(1993)
[97] reviewed 45 studies
regarding the impact ~NOTE~
Terr (1990, 1991)
[167,168]
described the psychological
sequelae of Normative
Sexual Behaviors of
Children. It is important to be aware of Guidelines
for the Forensic Evaluation
of Children Who May Have Been |
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In general, the professional who conducts forensic evaluations of children who may have been abused is faced with several important tasks: finding out what happened, evaluating the child for emotional disorders, considering other possible explanations for these disorders, being aware of developmental issues, avoiding biasing the outcome with one's own preconceptions, pursuing these objectives in a sensitive manner and taking care not to retraumatize the child, being supportive to family members, and keeping an accurate record that will be useful in future court proceedings. The Step-Wise
Interview described
by Yuille et al. (1993) [183] presents a 1. Rapport Building. During this time the interviewer makes informal observations of the child's behavior, social skills, and cognitive abilities.Use of Drawings in Interviews. Children's drawings are useful as an associative tool for assessing and accessing traumatic memories (Burgess and Hartman, 1993) [24]. Drawings are helpful in forensic assessments, including spontaneous drawings, asking the child to draw a male and female, kinetic family drawings, self-portraits, what happened and where it happened, or even a picture of the alleged offender. The usefulness of drawings lies in the affect and information they elicit and certain findings that may be suggestive of sexual abuse such as depiction of genitalia or avoidance of sexual features altogether. They should be interpreted in the context of the overall clinical picture. Use of Anatomical Dolls in Interviews. It is not necessary to use anatomical dolls in the assessment of sexual abuse. They may be useful for eliciting a young child's terminology for anatomical parts and for allowing the child, who cannot tell or draw what happened, to demonstrate what happened. The dolls may also trigger memories of sexual events. Care should be taken not to use these dolls in a way to instruct, coach, or lead the child. They should not be used as a short cut to a more comprehensive evaluation of the child and the child's family. Boat and Everson
(1988a,b),
Leventhal et al. (1989),
and Skinner and Berry Several small studies
(August
and
Forman, 1989; Cohn,
1991; Jampole and Several authors have
reported
normative data, i.e.,
descriptions of Britton and O'Keefe
(1991)
[21]
showed that children
manifest sexually Interviewing
Young Children. The
evaluation of an infant (aged less than 12 Other Interviews. It is usually important to interview, separately, the individual making the allegation and the alleged perpetrator. In some cases, such as divorce-related allegations of sexual abuse, these interviews are the best way to reach an understanding of the case. It is not appropriate to interview the child jointly with the alleged perpetrator to assess the validity or nature of the accusation. A joint interview is indicated only in helping to assess the possibility of reunification of the child and accused parent when the initial assessment reasonably suggests that the allegation of sexual abuse is false. The evaluator should consider the potential impact of such an interview on the child before proceeding. This issue has been addressed by Faller et al. (1991), Corwin et al. (1987), and Ehrenberg and Elterman (1995) [52,34,44]. Psychological
Testing. Psychological
testing does not diagnose child abuse, but testing may be useful as
part
of the evaluation process. Waterman and Lusk (1993) [175] reviewed the
topic of testing in the evaluation of child sexual abuse and concluded
that there are systematic and significant differences between sexually
abused and nonabused children in many research studies. They thought
that
these differences in most tests are not the result of sexual abuse per
se, but are the result of more generalized psychological distress or
trauma.
Leifer et al. (1991) [104] described the Rorschach assessment of
sexually
abused girls. They found that sexually abused female subjects showed
more
disturbed thinking and experienced a higher level of stress relative to
their adaptive abilities than did Behavior
Checklists. Testing
that involves an assessment of sexual behavior False
Statements and the Possible
Explanations of Abuse Allegations. Children
may also make false
allegations. Bernet (1993) [17] reviewed this Sexual abuse allegations that occur in the context of a child custody dispute may be particularly complex. Faller (1991) [50] identified four scenarios that result in allegations during or after divorce: abuse leading to divorce, abuse revealed during the divorce, abuse precipitated by the divorce, and improbable allegations during custody and access disputes. In these cases, Derdeyn (1994) [40] has said that there should be serious consideration of alternative explanations for phenomena reported by a parent as indicative of abuse. Research on Memory and Suggestibility of Children. Several research studies have examined the suggestibility of children. For example, Cohen and Harnick (1980) [32] compared how well younger children (grade 3), older children (grade 6), and college students remembered the events in a film and how resistant they were to suggestive questions. They found that the younger children were less accurate in their memory and much more likely to be influenced by misleading suggestions. Goodman and Reed (1986) [70] compared how well very young children (3-year-olds), young children (6-year-olds), and adults recalled their interaction with an unfamiliar adult and how well they resisted suggestive questioning. They found that the very young children were less accurate on answering objective questions and were more likely to be misled by suggestive questions. They also found that on free recall the number of correct recollections increased with age. Johnson and Foley (1984) [90] found that young children (under age 8) had more difficulty than did older children and adults in distinguishing between imagined events and those that actually occurred. Tobey and Goodman (1992) [170] studied 4-year-olds who interacted with a "baby-sitter" and, in some cases, with a "policeman," who suggested that the "baby-sitter" may have done something wrong. In a subsequent interview the children who were exposed to the "policeman" were more likely to make incorrect comments after misleading questions. Loftus and Ketcham (1994) [106] related an experiment in which a 14-year-old boy came to believe that he had been lost in a shopping mall as a child, when actually he had not. Ceci et al. (1994) [28] showed how some children who repeatedly thought about a "non-event" (for example, that the child's fingers had been caught in a mousetrap) came to believe that the fictitious event actually happened. Surveys of the research in this area were presented by Ross et al. (1987, 1989), Doris (1991), Goodman et al. (1986), and Goodman and Helgeson (1988). Ceci and Bruck (1993, 1995) [145, 146, 41, 70, 69, 26, 27] presented a historical review of this issue. The
Child's
Competency.
Competency refers to the child's ability to testify |
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Physical
Examination of Children
Who May Have Been Abused. The physical ~NOTE~ They found that "both a disclosure by the child and abnormal physical findings were significantly and independently associated with the team's diagnosis of sexual abuse, whereas the presence of sexualized behavior, somatic problems, and the child's response to the [physical] examination did not make an additional contribution to the diagnosis." Testimony
by Children.
In some instances when allegations of child abuse Role
Definition. The evaluator
needs to know whether he or she is The evaluator also needs
to
know
who has hired him
or her and to whom he or Clear
Communication. The
forensic evaluator should make sure that the child Confidentiality.
Forensic
evaluations are frequently performed on behalf of Privilege. Privilege is a form of confidentiality that may arise in a judicial setting. A person has the right of testimonial privilege when he or she has the right to refuse to testify or to prevent another person from testifying about specific information. For instance, a person may claim that his or her therapy is covered by clinician-patient privilege, preventing the clinician from testifying about him or her. The person may waive the right to clinician-patient privilege and allow the clinician to testify. The clinician ordinarily should testify only if the patient has waived his or her right to privilege. In some circumstances, however, the court can order the clinician to testify in spite of the patient's objections. The Problem of Bias. It is important for the clinician to be aware of his or her own motivations, as well as the agendas of the other professionals involved in the case. Despite all that is known about countertransference, therapists sometimes base conclusions on their own preconceived assumptions rather than on the data that have been presented. Bias is important in forensic cases in two ways. First, bias creates a distorted filter through which the evaluator views the situation. Second, a clinician who enters a case with a particular bias is likely to change the situation that should be studied objectively. For example, mental health professionals often see themselves as healers and caretakers; this perspective may affect their ability to consider a case completely objectively. To guard against bias,
clinicians
should be aware of
their own motivations. Awareness
of Limitations. It
is important for mental health professionals to recognize the limits of scientific
knowledge in
this area. Horner et al. (1993a,b)
[85, 86] questioned the
reliability of clinical
opinions in cases of alleged
child sexual abuse. They found
that experienced
clinicians arrived at widely
different conclusions
after considering
the same case. Divergent
opinions may be the result of
subtle biases,
different emphases that
clinicians attach to components of
the evaluation,
and the withholding of
crucial information from the
evaluators. Another
factor to recognize is the
influence of the many participants in
these cases.
The individuals involved may
be extremely opinionated and
may try
to influence the evaluator
through comments or behaviors
that may be
either subtle or blatant. Degrees
of
Certainty.
There are several standards of proof or levels of Knowledge
of the Law.
In performing a forensic evaluation it is important to know the legal issue that is the
original basis
for the dispute and the Scientific and Clinical Ratings Decisions regarding the
appropriateness of either diagnostic
or treatment The recommendations
regarding
specific diagnostic evaluations
and treatment interventions
reflect those methods of
practice that
are either supported by
methodologically sound empirical
studies and/or
are considered a standard of
care by competent clinicians.
However,
the general paucity of Clinical consensus was
initially
derived by the members
of the Work Group Those practices that are
not
recommended represent
areas in which there is |
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FOR THE FORENSIC EVALUATION OF CHILDREN AND ADOLESCENTS WHO MAY HAVE BEEN PHYSICALLY OR SEXUALLY ABUSED The evaluator of a
possible
victim of abuse should
adhere to the same basic I. Role definition and clarification A. Explain evaluator's role to the parents, to the other adults and systems, and to the child in an age-appropriate manner. B.
Explain who has requested
the evaluation, the purpose of the evaluation, C.
Clarify that the forensic
evaluator and the child's therapist should be D. Be prepared to testify in court. E. Clarify payment issues prior to performing the evaluation. II. Diagnostic assessment A. Obtain a history from parents, child, and other pertinent informants. Refer to the "Practice Parameters for the Psychiatric Assessment of Children and Adolescents" with added emphasis on: 1. How the allegation originally arose and subsequent statements that were made. Determine the emotional tone of the first disclosure, such as whether the disclosure arose in the context of a high level of suspicion of abuse.
1. Protective services.C. Process of the interview with the child, including mental status examination. 1. Choose a relaxed and neutral location.D. Content of the interview with the child. The following areas should be explored during the interview, but not in the form of an interrogation. Note the child's affect while discussing these topics and be tactful in helping the child manage anxiety. Young children may not be able to report all of the relevant information. 1. Whether the child was told to report or not to report anything.E. Other procedures. 1. Consider the risks and benefits of drawing pictures to identify body parts, to show what happened. This should be considered only one part of the entire forensic evaluation.F. Psychological testing. 1. Consider culturally appropriate intelligence testing and educational testing if the child has manifested academic problems or if retardation may be a factor in assessing competency.G. Physical examination of the physically abused child. Ordinarily the mental health professional would review the examination that has been done by a pediatrician. Photographic documentation may be useful. Among the potential signs of abuse: 1. Injuries commonly seen after physical punishment, such as bruises on the buttocks and lower back, perhaps at different stages of healing.H. Physical examination of the sexually abused child. Ordinarily the mental health professional would review the examination by a pediatrician or by another qualified clinician. It is important to take precautions to preserve evidence. 1. Most sexually abused children do not have any corroborating physical findings. I. Other interviews. 1. If possible, interview the person who is raising the concern about the possibility of abuse.J. Consider an in-home evaluation by the evaluator or a child protection team member. III. Possible explanations of denials of abuse Sometimes children may deny or retract allegations of abuse. This may occur for several reasons, including the following: A. The alleged abuse did not occur. B. The
child was pressured
by the perpetrator or by family members to C.
The child may be protecting
a parent or other family member, even D.
The child was frightened
or distressed by the investigation process and E. The child did not want to testify because of shame or guilt. F.
The child may have
mistakenly assumed that he or she may be responsible G. The
child consciously
or unconsciously took the role of "accommodating" H. The
interviewer could
have triggered a false denial by questioning the IV. Possible explanations of allegations of abuse Sometimes children make false allegations. Although most allegations made by children are true, the evaluator should consider the ways in which false allegations might come about. An allegation may be partly true (that the child actually was abused), but partly false (as to who was the perpetrator). An allegation may have a nidus of truth, but may have been inaccurately elaborated in response to repetitive questioning. A.
A
false allegation
arises in the mind of a parent or other adults and is 1. Parental misinterpretation and suggestion. The parent has misinterpreted an innocent remark or neutral piece of behavior as evidence of abuse and induced the child to endorse this interpretation. This happens sometimes in child custody disputes as well as other settings.B. The allegation is produced by mental mechanisms in the child that are not conscious or not purposeful. 1. Fantasy. A younger child may confuse fantasy with reality.C. The allegation is produced by mental mechanisms in the child that are usually considered conscious and purposeful. 1. Fantasy lying. Children who understand the significance of lying may nonetheless fabricate because of frustration or disappointment.D. Perpetrator substitution. The child actually may have been sexually abused and manifests symptoms consistent with abuse, but identifies the wrong person as the perpetrator, resulting in a false allegation. The child may do this to protect the actual offender or the child may displace the memories and accompanying affects onto another individual. V. Issues regarding the child's testimony A. Competency
refers to the child's ability to testify in court in a
1. Child's capacity to perceive facts accurately.B. Credibility refers to the child's truthfulness and accuracy, the assessment of which is ultimately the province of the judge or jury. The following factors may indicate that the child is more credible, but none is definitive. It has not been shown scientifically that these factors distinguish true from false allegations. 1. Spontaneity, in that the child volunteers information spontaneously rather than after the parent admonishes him or her to tell the story.C. Whether the child should testify. 1. Consider making a statement as to whether the child should testify, weighing the psychological risks and benefits to the child.VI. Recommendations regarding placement and treatment A.
The clinician should
follow state law in determining whether the case B.
If the child is considered
at risk, the decision regarding placement of 1. Remove the alleged perpetrator from the home. The court may specify that the alleged perpetrator undergo treatment and/or incarceration before returning to the home.C. If asked, the clinician may make general recommendations regarding referral for further assessment and treatment. This may involve a multidisciplinary treatment plan, including crisis intervention, individual therapy, group therapy, family therapy, inpatient treatment, residential treatment, and pharmacotherapy. Consider further evaluation, especially if there is comorbidity with other psychiatric conditions. D.
Consider whether other
children, such as siblings and close friends, are VII. Written report A. Identifying information, such as names and birth dates. B. Referral information. 1. Name, agency of referral source.C. Procedure for this evaluation. Document: 1. The discussion of the evaluator's role and the lack of confidentiality.D. Current situation. In the context of a chronological account, address: 1. Circumstances of the alleged abuse (who, what, when, where, how).E. Past history, especially prior level of functioning and information that might be related to the possible abuse or alternative explanations for the symptoms. F. Family
history, especially information that might be related to the
G. Developmental history. H. Medical
history, including the findings from the forensic pediatric
I.
Mental status examination, including comments regarding
competency
and J. Psychological testing. 1. Performed when, where, and by whom, and which tests were administered.K. Diagnoses. 1. DSM-IV. Abused children do not necessarily have posttraumatic stress disorder or any other mental disorder. Use the diagnoses, if any, that most accurately reflect the condition of this individual.L. Conclusions. 1. A list of specific statements that are supported by the data in the report.M. Recommendations that are realistic and follow logically from the conclusions. Conflict of
Interest |
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References marked with an
asterisk
are particularly recommended.
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