Interviewing the Child Client: Approaches and Techniques for a Successful Interview

Introduction to Child Advocacy [00:09]

• Amy Brenaman, known for "Judging Amy," emphasizes the critical importance of child advocates, inspired by her mother, a juvenile court judge.
• The show highlighted how vital a child's lawyer is as their spokesperson, advisor, and champion.
• The American Bar Association Section of Litigation produced this video to help attorneys develop skills for interviewing children.
• The techniques presented are applicable in any setting involving a lawyer and a child client, not just child welfare and juvenile justice.

  "because a child who is involved in the system has one spokesperson one adviser and one Champion her lawyer"

The Importance of the Child Interview [02:52]

• The key to successfully representing a child lies in the approach to the child interview.
• Children in the court system often have negative experiences with adults, making trust-building paramount.
• Effective communication with child clients gives them a voice and enables lawyers to gather necessary information for representation.
• The interview process must be understandable and participatory for children, requiring empathy and a focus on their perspective.
• Successful methods involve relationship building, explaining roles, communication tools, and interview techniques.

Relationship Building with Child Clients [03:53]

• Building a solid relationship based on trust is essential for the interview process.
• The first meeting is critical for making the child comfortable with their advocate, both personally and professionally.
• Demonstrating genuine focus and care for the child client is key to establishing trust.
• Children often interact negatively with adults, sometimes viewing new adults as untrustworthy.
• The initial meeting should prioritize building trust and rapport, with simple questions to ease the child in.
• Positioning oneself to make eye contact without invading space, and allowing ample time for responses, are important.
• For children who have been abused or neglected, developing trust can take time; the first meeting can be short, and difficult topics can be saved for later.

  "building trust includes keeping promises so never make promises you can't keep"

Roles and Responsibilities in the Court System [09:00]

• Explaining the roles of attorneys and other court professionals to children can be complex.
• It's important to distinguish the attorney's role as the child's advocate from other professionals like a guardian ad litem.
• Lawyers must ensure the child understands their relationship with them and the attorney's function in arguing for the child's wishes to the judge.
• The lawyer's role can vary by jurisdiction, either advocating for expressed wishes, best interests, or a combination.
• The judge's role is to make decisions based on what's best for the child, considering the child's wishes as presented by their lawyer.
• Visual aids, like a courtroom drawing, can help children understand the roles and positions of various individuals.

  "I work for you you're the client you make all the big decisions"

Communication Tools and Strategies [16:00]

• Effective communication requires using the most suitable tools to ensure clarity with the child client.
• Lawyers should avoid overly professional jargon and complex sentences, adapting language based on the child's age, situation, and experiences.
• It is the lawyer's responsibility to find ways to communicate in language the child understands.
• Lawyers must actively check for understanding and create a safe environment for children to ask questions without fear of judgment.
• Acknowledging when a child doesn't understand and encouraging them to speak up is vital.
• Allowing for silence and letting the child take the lead on when they are ready to share information is important.

  "I always think of communication as being um the burden of the lawyers not the child"

Successful Interviewing Techniques [22:34]

• Lawyers must plan interviews in advance, considering strategies that best fit the child client, case, and relationship.
• Child-centered interviewing involves empathy, focusing on the client, and starting the conversation where the child is.
• Active listening, acknowledging feelings, and addressing concerns first can encourage more productive communication.
• The funnel technique guides the child to recount events, moving from uninterrupted storytelling to open-ended questions, and finally to narrow, fact-confirming questions.
• When discussing difficult topics, building trust first, being direct and truthful, and allowing emotional reactions are crucial.

  "The funnel technique can help you get more complete information"