by Elizabeth Ferrebee, JD, Stehlik Law, Pawnee City, Nebraska
In the previous spotlight issues, Krista Shaul, J.D. and Maxie Morgan, J.D. discussed in detail the impacts of trauma on the brain and how it affects the children with whom we work. It is hard to deny the profound impact trauma has on the children in the legal system. While learning about the effects of trauma while attending the 33rd National Child Welfare, Juvenile and Family Law Conference, I found myself constantly reflecting on the children I represented and how I could carry what I was learning into my practice.
During a presentation titled “Trauma Informed Legal Systems: A New Paradigm for Understanding and Reaching Children’s Troubling Behavior,” presenters Jim Henry, Ph.D., Mark Sloane, D.O., and Frank Vandervort, J.D. C.W.L.S. provided the audience with essential elements to use when incorporating the concept of trauma into the legal system. These elements are as follows:
- Support and promote positive and stable relationships in the life of the child
- Maximize the child’s sense of safety
- Child services should be guided by a comprehensive assessment of the child’s trauma experiences and the impact on behavior and development
- Assist children in reducing overwhelming emotion
- Help children make new meaning of their trauma story and current experience
- Address impact of trauma and subsequent changes in the child’s behavior, development, and relationships
- Provide support and guidance to the child’s family / caregivers
- Coordinate services with other agencies
- Manage professional and personal stress
These elements provided the framework to begin a slight change in my practice. To accompany this framework, I brought in some other lessons learned at the conference, and also have added a few things which I have done over the past six months.
First, as you become informed about a child’s trauma history, it is important not only to learn about the traumatic event that brought the child into the legal system, but also to be open and aware of other incidents of trauma the child may have had prior to being introduced to the legal system. Also, when representing a child who has been placed in the system due to supposed law violations or for being wayward or habitually disobedient, it is important to recognize any prior trauma that may have led to the current behavior. If the prior trauma is not treated, the child may continue the reckless behavior.
Identifying previous traumas may be challenging, particularly when most youth within our care are already guarded and unwilling to trust adults. For this reason, it may be important to seek a trauma-focused mental health assessment. The Southwest Michigan Children’s Trauma Assessment Center uses trauma checklists at initial intake to gain a better understanding of the child’s history. By knowing the child’s history, we are better able to know the child needs and ensure a more positive future.
Although I do not use the checklist directly, I have found it useful as a guide when getting to know the children I represent. I find it much less intimidating to allow the information to come out in conversation as we build trust, instead of going through the master list. With a more conversational approach, my clients are less nervous and in turn, conversation becomes more open. When implementing this method, it is important that the list is not something that is filled out and then stowed away because often more information will emerge as the child gains your trust.
When initially receiving a case, I speak to a caseworker, parent or foster parent to learn about the child’s personality, current interests and obtain some basic information about the situation. Once this is done, I can develop an interview strategy based on that particular child. It is important when entering the interview to remove any biases from the reports or prior conversations; after all, I don’t have the entire story. I also remember when talking to the youth that I am a stranger and they have no reason to trust me, and therefore, I need be patient and give them time to trust me.
At the conference, it was recommended to look to other sources for information regarding the child’s history and other possible traumas. I have found this particularly useful. For example, a call to the school for basic history may reveal that the child has been moved multiple times between school systems. This fact may not have otherwise been noted because school problems were not part of the initial intake. Even though this was not part of the initial intake, the multiple moves may have provided additional trauma and affected the child’s development.
One of the greatest challenges I have found using a trauma informed system is when other adults in the support system are not looking at the situation through the same set of lenses. It is not uncommon to see what appears to be an adolescent not working to help themselves or even worse, acting out after a period of calm or improvement. Unfortunately, it also is not uncommon to find during these periods, the adults involved implying that the child is a hopeless case. It is during these points of frustration key questions should be asked: Has something happened that the child is responding to? What have we as a support team done to provide services in order to cope?
It is important to remember what may be a small event to us adults may be providing additional trauma to the child. For example, it may be easy for parents or caseworkers to say that a younger sibling running away from the parents’ home did not directly affect the sibling placed in foster care; however, this event may be exceptionally terrifying for the youth looking at the return home without the comfort of the younger sibling. Similarly, spending Christmas without the abuse of a parent and with a caring foster care family may seem like an improvement, but it will not remove feelings of abandonment when the child goes without family contact at the holidays. It is important to recognize both the major and minor events impacting the youth’s development.
After pinpointing a possible traumatic event, we need to be able to also identify additional services provided for the youth if we expect them to continue progressing. If we are not assured that the youth was provided the additional support needed during the event, then we should not criticize the youth for regressive behavior. This is not to say that we should not acknowledge that the behavior was inappropriate. Rather, instead of declaring the child hopeless, we need to move forward with a positive attitude, providing assistance and coping mechanisms to ensure the child’s mental stability is protected.
Although my process is far from perfect and continues to develop with time and experience, I am finding that remembering the impact of trauma has provided my clients with an added benefit. By considering a child’s complete trauma history, we are forced to look beyond the immediate concerns that brought the child into the system initially. Through understanding the impact of additional trauma, we are better able to understand and adapt to the reactions of ongoing trauma. Most importantly, by looking at both a trauma history and by reacting to any ongoing traumas, we are better able to provide the services necessary to ensure positive development for children of trauma.
Click here for trauma checklist.
Betsy Ferrebee is a guardian ad litem and juvenile defense attorney with Stehlik Law in Pawnee City, Nebraska. She can be reached at betsy@stehliklaw.com or 402-852-2973.
