Through the Eyes of the Child News:

Nebraska Attorneys Attend 2008 NACC Juvenile and Family Law Conference

Six attorneys from Nebraska recently attended the 31st Juvenile and Family Law Conference hosted by the National Association of Counsel for Children in Savannah, Georgia. The full scholarships were provided by the Nebraska Court Improvement Project and the Through the Eyes of the Child Initiative. Over four days, the participants attended sessions developed to improve legal representation of children and families in juvenile court. View the conference brochure.

Julie Smith Hogancamp, Tecumseh

One of the most interesting sessions I attended was called “Cruel and Unusual Punishment: Sentencing 13 and 14 Year-Old Children to Die in Prison.” It was presented by Brandon Buskey, J.D. of the Equal Justice Initiative (EJI) in Montgomery, Alabama.

I was surprised to learn that the United States is the only country in the world that sentences children below the age of fifteen to life in prison without the possibility of parole. Pennsylvania leads the rest of the country with nineteen inmates sentenced to life without parole for offenses committed at age thirteen or fourteen. Nebraska currently has two such inmates. Nebraska is one of only six states which has sentenced a thirteen-year-old to life in prison without parole.

Many times, the life sentences are mandatory, and the judge cannot take into account the child’s age or history of abuse. Therefore, the only way to change the situation would be to encourage legislators to make exceptions to the mandatory sentencing statutes for children or for a case to be successfully appealed with an argument that these life sentences amount to cruel and unusual punishment for children age thirteen or fourteen.

EJI has been actively appealing these sentences, but it is difficult to appeal a case when the issue wasn’t raised in a timely manner. According to Mr. Buskey, EJI would be interested in working on an appropriate case from the beginning so the proper objections could be raised.

In Roper v. Simmons, the Supreme Court declared that sentencing children to the death penalty was cruel and unusual. EJI is hoping that similar reasoning might be appealed that would persuade the Court to declare that life in prison without parole is also cruel and unusual when considering the age of the children, their histories, their brain development, etc.

For more information, and to see EJI’s publication on this topic, visit http://eji.org/eji/files/20071017cruelandunusual.pdf. The publication is excellent and contains many photographs and examples as well as the contact information for EJI.

Thank you so much for sending me to the conference in historic Savannah, Georgia. It was a beautiful and interesting place to visit, and the sessions at the conference were outstanding. I left the conference feeling re-energized about my work with juvenile law.

Jennifer Kearney, North Platte

The NACC conference in Savannah was an incredible experience and I learned a lot! I was very impressed with the diversity of topics covered and the quality of the presenters. I felt that the information was presented in a way that was beneficial to all people working to benefit youth in Nebraska (and across the country) and I was exposed to new information I had not previously learned. I also got great tips on ways to present my case to the judge as well as new ideas for dealing with juvenile offenders. So often these types of conferences focus on only one issue, the abuse and neglect cases. I felt that this conference covered a broad spectrum of issues facing juveniles in the system, whether through abuse or delinquency. Again, thank you for such an incredible experience!

Robert Keith, Fremont

I recently had the opportunity to attend the NACC conference in Savannah, Georgia thanks to the generosity of the Nebraska Court Improvement Project and the Through the Eyes of the Child Initiative. The conference provided a wealth of educational experiences and practical knowledge I will share with my local bar and personally use in my practice.

The area which intrigued me most and I believe I will be able to apply most readily to my practice involved a pair of workshops about child witnesses. Both sessions involved interviewing and examining children, both as witnesses and victims of abuse and neglect. There was discussion of age appropriate interviewing, that is, asking questions the child can understand and respond to in an age appropriate manner. It seems obvious that a four year old is not going to be as articulate as a twelve year old, but there are very specific skills and cognitive functions which only develop with age, etc. It was a very informative session Rather than trying to give a synopsis of the entire session I am including a few of the tips for interviewing child witness I found pertinent and easy to understand. I would be happy to talk to anyone about the session and to forward any materials I received which might be of help to others.

TIPS FOR INTERVIEWING THE CHILD WITNESS I FELT WERE MOST USEFUL (with due credit to the presenters: Nanette Schrandt, MSW and Kimberly Forte, JD.):

• Inquire regarding the child’s development level and communication skill.
• Determine the context and environment in which the allegations arose.
• Sit at the child’s level and without barriers (e.g. large desk, conference table) between you and the child.
• Whenever possible, give the child some control in the process, e.g. allowing the child to pick out where to sit or to determine if he/she needs a break.
• Give the child permission to say, "I don't know," "I don't remember," or "I don't understand," if unable to answer a question.
• Develop “rapport” by asking about more neutral topics; use this to obtain baseline information and to assess how child communicates.
• Use the “funnel” technique - start with broad, open-ended questions and move to more specific questions as needed to obtain information.
• Clarify meanings by asking follow-up questions and having the child demonstrate.
• Allow child to use his/her own words; and use those in your questions.
• Offer child an opportunity to ask questions.

• Interviewing in the presence of other children or adults who are not part of the representation team.
• Describing confidentiality as “keeping a secret:”
• Interrupting the child’s narrative;
• “Bribing” with candy, toys or “rewarding” answers by statements, e.g. “good,” “I’m so glad you shared that information;”
• Using “why” questions;
• Using "yes/no" and forced choice questions, e.g., "Was the dress pink or blue?" unless prior questions and answers provide a context;
• Repeating the same questions without an explanation (kids tend to think they answered “wrong” the first time if you ask the same question again)
• Making assumptions about what the child means or to whom the child is referring
• Using the phrases, “Tell me a story..” or “Let’s pretend....”
• Pressuring/coercing the child or saying you won’t be able to do your job if he/she doesn’t tell you....

Jennifer Thompson, Omaha

I certainly enjoyed the 2008 NACC Conference. Savannah, Georgia is a terrific city with hospitable people. It was evident there are good people in our field who care about their work. I was impressed with my fellow attorneys around Nebraska. Now, I have new resources as they assured me they are just a phone call or e-mail away. The best part of the conference was the keynote speaker, Andrew Bridge. His personal story and perspective on the foster care system was truly moving. Not only is he a great writer and speaker, but his message is not to be missed for those of us who work in the area of Juvenile and Family Law. I have a new perspective on all the different parties involved in each case. His book, Hope’s Boy, is a must read. We must not forget what our business is about- children and families.

Finally, I think a quote from one of the conference speakers sums up our duty in this field… “Treat all kids like they’re your kids.”