Forensic Interviewing

Summits

Citizen Review Panels

Attorney Training & Development

Video Recording of Child Interviews

Child Welfare Law Journal

Task Force Publication Sharing

FORENSIC INTERVIEWING

Poorly conducted interviews of children may result in implanted memories for a child, or adults failing to consider the child's disclosure of the actual abuse.  The Department of Human Services (DHS) initiated development of the Forensic Interviewing Protocol, and the Task Force worked with the DHS and Debra Poole, Ph.D., of Central Michigan University, to develop the protocol.  It is intended to be used in conjunction with the investigation protocol developed in 1993 by the Task Force.  The goal of Michigan's Forensic Interviewing Protocol is to obtain a statement from a child in a developmentally-sensitive, unbiased, and truth-seeking manner, that will support accurate and fair decision-making in the criminal justice and child welfare systems.  

Subsequent to the development of the protocol, the Michigan Child Protection Law (CPL) was amended to require its use when interviewing children during CPS investigations.

The Forensic Interviewing Protocol has been revised twice since it was created.  The most recent revisions were completed in April of 2011.  The Protocol is being trained statewide.  DHS provides forensic interview training to new CPS workers.  In addition to the training DHS provides, the Prosecuting Attorneys Association of Michigan (PAAM) provides cross-professional training for CPS workers, law enforcement and prosecutors. 

Click here to view the Forensic Interviewing Protocol.

SUMMITS

There has been an annual Summit sponsored by the Task Force since 1995.  There have been approximately 180 attendees including judges, prosecutors, attorneys, law enforcement, agency staff and other child welfare advocates each year.  The themes have varied over the years on issues related to child welfare.  The topic each year is chosen in response to needs and interests expressed by key professionals who attend the Summit, or may be reflective of concerns brought to the attention of the Task Force.

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CITIZEN REVIEW PANELS

In 1999, states were mandated to organize Citizen Review Panels.  The panels were charged with evaluating policies and procedures of state and local agencies, and the effectiveness of the state agency in fulfilling its child protection responsibilities.  Additionally, they are to review coordination between the state's CPS, foster care and adoption programs, and to review child fatalities and near fatalities.  The Citizen's Review Panel on Children's Protective Services, Foster Care, and Adoption was established with members from the existing Task Force, and functions as a committee of the Task Force.  There are three panels in Michigan as required by the Federal Child Abuse Prevention and Treatment Act:

1. Citizen's Review Panel on Prevention
2. Citizen's Review Panel on Children's Protective Services, Foster Care, and Adoption
3. Citizen's Review Panel on Child Fatalities. 

To learn more about the activities of the Citizen Review Panels, view the 2010 Annual Report.

ATTORNEY TRAINING & DEVELOPMENT

The Task Force, through DHS, developed an interagency agreement with the State Court Administrative Office (SCAO) to provide child welfare training to child welfare professionals (attorneys, Lawyer-Guardians Ad Litem [LGALs], CPS workers, private agency workers, judges, tribal court and child welfare workers, etc.) through established, and to-be-developed curricula, training modules, conferences, interactive web casts and video presentations; and to write, print, distribute, and implement protocols, resource guides, practice manuals and other materials related to such training.  All activities provided by the interagency agreement are approved by the Training committee of the Task Force.  The following lists some activities completed through this agreement during 2010 and 2011:

Luncheon Webcast Series Trainings:  Webcast trainings are offered to a cross-professional audience, covering specialized topics in 60 to 90-minute segments.  The webcasts are archived for future online, on-demand access.  Recent webcasts provided include:  Are You Confused Yet? Understanding Recent Changes in the Child Welfare Law; DHS Children's Services Policy for Legal Personnel; Michigan's 2009 CFSR and Program Improvement Plan; Absent Without Legal Permission (AWOLP) - Resources and Best Practices; Working with Incarcerated Parents After In Re Mason;  Interpreting Mental Health Reports in Child Welfare Cases; Special Immigrant Juvenile Status - Abused, Abandoned or Neglected Immigrant Children: What You Can Do To Help; Ten Child Welfare Cases We All Need to Know; National Youth in Transition Database; and Discovery in Child Welfare Cases.

LGAL/Parent's Attorneys Trainings:  The Task Force's "Handling the Child Welfare Case-Applying the Law to Practice" training curriculum was created in May of 2004 for lawyer guardians ad litem and parents' attorneys and has been offered regularly since that time.  In late 2009, SCAO contracted with Michigan State University's Chance at Childhood Law Clinic to update training materials for the 2010 sessions.  The curriculum was modified to be delivered in several 60-90 minute modules.  The updated curriculum and delivery method was piloted in August of 2010, and was well-received.  "Train the trainer" sessions will be offered in 2011, with the expectation that trainings will be delivered in local communities.  SCAO will continue to train trainers, provide trainer support, and update materials for the training modules. This new approach to training is was a direct result of attorney and local court feedback regarding the difficulty of leaving their work sites for a full day.

Prosecutor/Attorney General Training:  The Task Force has taken the success of the "Handling the Child Welfare Case Training" for LGALs and parents' attorneys and adapted a similar curriculum for Prosecutors and Attorneys General who represent DHS in child welfare cases.  The first training utilizing the new prosecutor/AG curriculum was held in September 2006.  Although no sessions were offered during this report period, a training session has been scheduled for September of 2011.  Additional future trainings will be scheduled based on need and interest.   
Specialized Training for Legal Professionals:  Specialized training for legal professionals entitled, "Representing Parents Training - New Attorney Trial Skills Training" was held on September 1 and 2, 2010.  This two day training was geared towards new attorneys with less than three years of experience representing respondent parents in child protective proceedings.  The first day of training provided attendees with an overview of child welfare law and issues.  The second day of training involved a hands-on trial-skills-based curriculum.

Specialized Cross-Professional Training:  A specialized cross-professional training was offered on May 11, 2010, entitled, "Transition Plans for Youth Aging Out of the Foster Care System".  Transitioning from adolescence to adulthood is a fundamental challenge for all youth. Youth in foster care face special challenges when they are often abruptly "emancipated" from foster care without sufficient preparation, education, or adult support to help them survive and thrive as adults.  This training focused on federal Fostering Connections legislation; the necessity of individualized transition planning for each foster youth; the emotional challenges of aging out; the importance of permanency; what current foster youth think they need to ease their transition; and the opportunities offered by Western Michigan University's Seita Foster Youth Scholarship program.  The training also presented information on various state and national youth-in-transition resources and was designed to provide practical tips and resources for judges, lawyers, foster care workers, Court Appointed Special Advocates, and others who want to more effectively address the needs of foster youth transitioning to adulthood.

Five regional sessions of a specialized cross-professional training entitled, "Indian Child Welfare Act Training" were offered between June and September 2010.  Participants in each region were encouraged to form an "Indian Child Welfare Act (ICWA) workgroup team" in each county, and to attend the training with their team members.  Workgroup teams consisted of tribal members, a state court judge, prosecutor, LGAL, parent attorney, DHS Director, DHS Indian Outreach Worker, and a CPS and foster care worker.  Attendees of this training were provided a copy of the SCAO's Indian Child Welfare Act (ICWA) Court Resource Guide.  Drafting the guide in 2009 marked the beginning of a state-tribal collaboration to increase Michigan's compliance with the federal ICWA and to improve communication between the tribes, courts, and DHS/private agencies.  This training provided information about the history of tribal sovereignty, the new ICWA Court Resource Guide, the 1978 Federal ICWA, and Michigan's 12 federally recognized tribes' contacts and resources for helping Native American children.  Attendees worked in teams using a hands-on approach to resolve fact-based issues that required interpretation and application of the ICWA.

A specialized cross-professional training entitled, "Testifying in Court for Non-Lawyers" was offered on April 7, 2011.  The objective of this half day training was to develop and expand child welfare caseworkers' courtroom presentations.  During this training session, a mock trial scenario was used to demonstrate the fundamentals of testifying in court, including both courtroom demeanor and the more substantive elements necessary for quality testimony.  Attendees learned how the goals of various child welfare hearings impact the details necessary in their testimony. Prior to the training, participants received a fact pattern that was used during the simulated courtroom exercise.  Due to the interactive nature of this training, registration was limited to approximately 40 individuals.  With the high demand for this type of interactive training, future sessions will likely be offered on an annual basis, if not more often. 

Specialized, cross-professional training regarding Title IVE requirements was offered numerous times in 2010 and 2011, training over 300 child welfare professionals during this instructional series.  Six half-day training sessions were held for DHS Child Welfare Funding Specialists.  Training for the funding specialists focused on proper completion of court forms and how DHS staff can review them for Title IVE compliance.  Two Title IVE training sessions were offered at the June 2010 and one at the October 2010 Michigan Probate and Juvenile Registrar's Association conferences.  During these sessions, juvenile court registrars learned about Title IVE court requirements and the results of DHS's Title IVE audit.  Between August and October 2010, four sessions of Title IVE training specific to county court staff were held.  Audience members included judges, referees, court administrators, other court staff and several DHS staff.  Title IVE court requirements were discussed, as were specific problems with court orders for several cases that could have resulted in ineligibility for IVE funding.  In October 2010, one session of Title IVE training was offered for DHS staff from multiple counties.  Topics included the results of the IVE audit and lessons learned from the audit.  Lastly, training sessions were offered in Michigan's Upper Peninsula over a two day period.  Audience members representing seven different counties included DHS staff; tribal judges and staff; and state court judges and staff.  Training topics included an overview of Title IVE, court responsibilities and forms, and lessons learned from the IVE audit. 

Annual Child Welfare Issues Conference:  A two-day conference entitled, "Partnering with Families for Optimal Outcomes: Assessment and Case Planning" was held on April 27, 2011 and April 28, 2011.  This multi-disciplinary conference focused on the assessment and case planning process.  The entire assessment process, from the initial CPS contact onward, and the need for individualized, culturally appropriate case plans and evaluations was discussed.  Participants in this year's conference left with a greater understanding of the need for specialized assessments and case plans and practical ways to implement them in their daily work.  Keynote speakers included Dr. Kathleen Faller, speaking about assessing children in the context of their families in the child welfare system; Misty Larthridge, speaking about overcoming cultural barriers; Dr. Zakia Alavi, speaking about common psychiatric disorders and using a bio-psycho-social format in assessments and case planning; Barry Chaffkin speaking about how to individualize case plans for every family; and Rose Wentz, speaking about planned, purposeful and progressive visits and how to measure a parent's progress.  In addition to those keynote speakers, 24 individual workshop sessions were offered.  Over 500 cross disciplinary child welfare professionals from around the state attended the conference.

Guidelines to Achieving Permanency in Child Protective Proceedings:  The publication entitled, "Guidelines to Achieving Permanency in Child Protective Proceedings" is a recognized resource for courts, attorneys, child welfare advocates, Court Appointed Special Advocates and child welfare professionals involved in child protective proceedings in the Family Division of Circuit Court.  The publication (more commonly referred to as the "Yellow Book" due to its yellow cover) articulates the specific responsibilities at each stage of a child protective proceeding for each person involved.  It was originally developed by Children's Charter of the Courts of Michigan (CCCM) with support from the Task Force, the Michigan State Bar Foundation, and the Court Improvement Program of the State Court Administrative Office.  The publication has been revised several times over the years to reflect statute changes.  The SCAO now manages Yellow Book responsibilities on behalf of the Task Force. 

Law Library:  In September 2006, SCAO began the "Core Child Welfare Law Library".  This core child welfare law library was initiated with a letter from the Task Force chair accompanying the first two volumes in the core library: "Child Welfare Law and Practice: Representing Children, Parents, and State Agencies in Abuse, Neglect, and Dependency Cases" and the "Michigan Child Welfare Legal Resource Guide".  These resources related to child welfare law and practice were provided to courts, prosecuting attorneys, DHS county offices, tribes, community mental health boards, and other agencies involved with child protective proceedings. 

Materials are added to the library on an annual basis.  The library now contains publications including "Addressing the Emotional Needs of Children in Foster Care", the "Absent Parent Protocol", "Parents' Attorneys' Protocol", "Conducting Effective Post-Termination Proceedings", "SCAO ICWA Court Resource Guide", "Lawyer-Guardian Ad Litem Protocol", and the book "Growing Up in the Care of Strangers", which provides a perspective on children's protective services from foster care alumni who have gone on to become successful college graduates.  Seven of the authors were children in the Michigan child welfare system who provided their recommendations to child welfare professionals on how to improve Michigan's system. 

Items added to the law library in 2010 and 2011 include the American Bar Association National Resource Center on Legal and Judicial Issues book "Child Safety, A Guide for Judges and Attorneys"; a DVD with a presentation of "Effective Petition Drafting"; a DVD of a training presentation entitled, "The Role of Parent/Child Visitation in Achieving Timely Reunification"; and a CD containing online resources and updated SCAO-GTF publications.  In addition, judges received a copy of a June 2010 Judicial Leadership in Child Welfare training DVD.

Provision of Social Worker Continuing Education Units (CEUs):  Michigan law requires licensure for bachelors and masters level social workers.  Included in the licensure requirements are certain amounts and types of continuing education and training.  To enhance ability of child welfare workers to receive appropriate training as part of their work responsibilities and to provide an incentive to attend trainings, CEUs, at no cost to the participant, are offered for select trainings.  SCAO has been accepted by the National Association of Social Workers, Michigan Chapter, as a provider of social work CEUs.  

VIDEO RECORDING OF CHILD INTERVIEWS

The Task Force takes an active interest and position regarding the video recording of child forensic interviews as a means for reducing trauma and re-victimization of child victims.  The Task Force organized a committee to explore the pros and cons of video recording.  A successful child interview video recording pilot was conducted by the Task Force, determining that more cases resulted in a plea being entered to the original criminal charge if the interview was video recorded.  It was also found that a higher percentage of criminal cases were disposed of with a plea being entered prior to trial when the child's interview was video recorded.  In March 2003, Michigan laws were changed to ensure confidentiality of video recorded statements.  In 2006, the Task Force passed a resolution stating, "The Governor's Task Force on Child Abuse and Neglect supports as a best practice the video recording of investigative forensic interviews of sexually abused children at child advocacy centers or similar program."  The Task Force has continued to closely follow pending legislation related to video recording of child interviews. 

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MUNCHAUSEN SNYDROME BY PROXY (MSBP)

In 2002, a 24-page protocol-type document entitled "Munchausen By Proxy-A Collaborative Approach to Investigation, Assessment and Treatment" was developed. It encompasses the responsibilities, and establishes guidelines for each discipline that would be involved in a MSBP case investigation.  The professionals include the court, law enforcement, medical staff, CPS workers, attorneys and psychologists.  The Task Force funded the development, printing, distribution, and training of this protocol.  Distribution to appropriate disciplines was completed in April 2003.  Training sessions were held in 2003, 2004, 2005 and 2006.  The document is currently being revised by the Task Force. 

Click here to view the guide Munchausen By Proxy-A Collaborative Approach to Investigation, Assessment and Treatment.

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CHILD WELFARE LAW JOURNAL

The Task Force has granted partial funding for the publication, printing, and quarterly distribution of the Child Welfare Law Journal for several years.  The Journal focuses on an interdisciplinary approach to child welfare.  The Journal's content revolves around practice issues and is distributed to professionals working in the field of child welfare including social workers, DHS county office staff, attorneys, psychologists, and medical professionals among others. 

TASK FORCE PUBLICATION SHARING

The Task Force has always made their publications available to the public, free of charge, in order to further their mission of improving the investigative, administrative and judicial handling of cases of child abuse and neglect in Michigan.  In March 2010, the Task Force received a request from the State of Maine asking permission to use Michigan's Forensic Interviewing Protocol as a basis to create an interviewing protocol specific to their state.  Maine was the first state to formally adopt Michigan's forensic interviewing model, although the Task Force is aware that the Federal Bureau of Investigations also uses Michigan's protocol during investigations involving children.  In April of 2010, the Task Force, along with DHS, granted permission to Maine to use Michigan's protocol.  Since that time, personnel from Michigan have continued to work with Maine to create and update their protocol and training curriculum.

In September of 2010, the State of Nevada requested that personnel from Michigan train forensic interviewing of children using Michigan's protocol as the training curriculum.  The Task Force, along with DHS and the Prosecuting Attorneys Association of Michigan, helped to facilitate training to meet Nevada's needs and supplied Nevada with hard copies of the protocol.  Nevada has previously used Michigan's Forensic Interviewing Protocol to train their children's protective services investigators, law enforcement personnel and prosecutors in child interviewing.

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