Explaining the Court Experience to Children

Explaining the Court Experience to Children

Explaining the Court Experience to Children

Instructions/Descriptions

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3 full paragraphs. APA style

Professor Myers has written: “Children are strong and resilient, and most of them cope with testifying and move on with their lives. Indeed, with proper preparation and support, some children are empowered by testifying.” Myers, J. Adjudication of Child Sexual Abuse Cases. The Future of Children (1994) 4.2:84-101, 90.

Your client is an 8-year-old child who has been a victim of physical abuse and neglect and will have to testify in a child protection fact finding against the child’s stepfather of 5 years and in the presence of the child’s mother.

As a child advocate, what do you think is the proper preparation and support for your client?

Explaining the Court Experience to Children

Felicity Peck, Volunteer, CASA of Davidson County

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Summary A CASA volunteer explains how she shares information and advice that helps children prepare for their day in court.

One of the scariest moments for children whose future lies in the hands of the court is their appearance before the judge.

Think about it for a moment. A judge is an adult who children have only seen and heard on television, where a judge is a person who sends bad people to jail. Frequently children are afraid that they are going to jail because they think they are somehow responsible for the upheaval in their family.

These children have been abused or neglected by an adult, removed from their home and sometimes separated from their siblings. The children hear the judge request a CASA volunteer and are told that an advocate is going to be appointed. “Advocate” is a word that the children may not have heard before. This advocate is another adult and the children are very scared.

That volunteer’s job is not only to investigate the circumstances of the child’s family life in order to advocate in their best interest, but also to gain the trust and confidence of the children. It is especially important that the CASA volunteer has the confidence of older children, because sometimes the CASA volunteer is the only constant figure in the children’s lives. Attorneys, case managers and occasionally judges change before a child is in a safe, stable and permanent home.

To prepare older children for a court appearance, I explain to them who is who in the courtroom. I tell them about the role of the judge who makes decisions based on the law. I describe the role of their guardian ad litem who takes care of their legal matters and, in Tennessee, informs the judge what the children want. I tell them that their case manager is working to reunite them with parents or a close family member. And I let them know and that I, the CASA volunteer, will tell the court what I feel is in their best interest. I explain to the children that I will also tell the court what they think and desire, but that I will not necessarily tell the court that what the children desire is in their best interest.

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From a practical point of view I coach the children to have “nice manners” in the court room. I ask them to look up at the judge and to speak clearly. I tell them to be prepared to answer questions, and if they don’t understand, to ask for the question to be repeated.

I also give advice about the correct way to dress, such as no bare midriffs or droopy pants. I explain that although there is nothing wrong with dressing this way, those types of casual clothes do not show respect for the court.

Most importantly, because appearing in court is a very scary experience for children, I tell them to look around in the court room and remember that everyone present is there because they are interested only in ensuring that child’s safety and wellbeing.

Explaining the Court Experience to Children

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