NCJ Number
192141
Journal
American Academy of Pediatrics Policy Statement Volume: 104 Issue: 5 Dated: November 1999 Pages: 1-7
Date Published
November 1999
Length
7 pages
Annotation
This paper identifies common events that affect children involved in the U.S. judicial system and addresses the various settings, events, expectations, and sources of conflict and stress that children are likely to experience; it also reviews the relevant new policies and procedures and provides guidelines for pediatricians who work with children who must become witnesses.
Abstract
Children are involved in the U.S. court system in child protection cases, status-offense proceedings, parental divorce or parentage cases, and delinquency cases. This paper reviews the experiences of children and adolescents in each of these types of cases. Should a child be called as a witness in any case, the legal system is interested in three questions about a child's competence as a witness: Can the child receive and relay information accurately? Does the child know the difference between telling the truth and telling a lie? Does the child understand the need to tell the truth in court? Pediatricians are an important source of support for children who may be witnesses, from the initial contact through preparation for court appearance and the legal negotiation process until after the court proceedings. Pediatricians can help prepare children for court appearances by explaining what will occur and that the child will always be accompanied by a supportive person, such as a parent. They can help minimize the anxiety of children by explaining that they will not be judged on their performance in the courtroom, that efforts will be made to ensure safety from recrimination, and that questions should be answered to the best of their ability. Mental health referrals may be indicated, including referrals to therapists with special legal expertise. 12 references