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Section 1 - Investigation, Prosecution, and Support
Drawing by Madeline, age eight
Organizing a Community Response
The Prescott Child Sexual Abuse Advisory Committee (PCSAAC) was
a community response to a community crisis. The triumph of the Advisory
Committee was that it successfully united many community services in a
common cause. Its 15 members included representatives from agencies serving
all of Leeds-Grenville: the local child and adult mental health services,
the educational system, the public health unit, the child welfare agency
and services for the developmentally handicapped.
The impetus for the committee came from a small group of concerned
service providers. A core group had gathered early in 1990 to help Family
and Children's Services (FCS) develop strategies for meeting the needs
associated with the joint investigation. Group members felt strongly that
the responsibility for dealing with the crisis should be shared by the
entire community because it clearly required a coordinated effort on the
part of many services and organizations.
At the time the existing service network was very disjointed.
"It's fragmented," says Sheila Irvine, a social worker at the Brockville
Psychiatric Hospital and member of the core group, "because that's the
way the government is - money comes in
fragmented forms." Historically, social agencies serving sexually abused
children had developed independently and were funded separately by different
pots of government money. Each set goals and priorities in isolation and
were answerable only to their own funding source. This led to duplication,
inconsistency and gaps in meeting the needs of sexually-abused children.
When you have a crisis on top of a fragmented
system, the
danger is that it can further fragment. Either
that or you pull
it together.
Sheila Irvine, social worker, Brockville
Psychiatric Hospital
Prior to the crisis, there had been several successful instances of
informal cooperation among service providers, and a service planning and
coordinating body, the Children's Services Advisory Group, was in place.
Without formal mandates, however, this type of voluntary collaboration
was quite tenuous and made little impact on established systems and procedures.1
Pulling Community Services Together
The challenge was to overcome this territoriality in the midst of great
turmoil, recalls Sheila Irvine. "When you have a crisis on top of a fragmented
system, the danger is that it can further fragment. Either that or you
pull it together." And pull it together is what the Advisory Committee
managed to do. FCS Supervisor Rocci Pagnello, also a member of the core
group, remembers being pleased at the positive reaction of community services
to the group's initial appeal for assistance. "We sent out invitations
to everyone we could think of in Leeds and Grenville 35 or 45 different
organizations and we got a great response." The goal was to make sure that
once the crisis was over, systems were in place so that they didn't need
a crisis to provide effective interagency collaboration.
People were very committed. The crisis made
us committed
Rocci Pagnello, supervisor, Child Abuse
Project, Family and
Children's Services
This meeting, held at the end of March 1990, was an opportunity to involve
the larger community in consultation, coordination and planning. A request
was made for an ongoing commitment from the individuals and agencies present.
Assessing Needs and Seeking Help
The Advisory Committee that formed out of this initiative quickly set to
work to determine which needs could not be met by existing services, what
additional help would be required and where resources could be redeployed.
Henry De Souza, a social worker at the Brockville Psychiatric Hospital
and core group member, recalls the brainstorming process: "We had flip
chart paper stuck up on the wall. We identified all the services available
and some of the gaps. Then we wrote it all up in a chart form."
That chart was the basis for funding requests to the Ministry of Community
and Social Services. It revealed major gaps in treatment and support services
for non-offending family members and foster parents of sexually abused
children. It also showed a need for support and training for professionals
and school personnel who would work with the child victims. Other gaps
included services for adult survivors of child sexual abuse and treatment
for adolescent and adult perpetrators.
Community education and prevention programs were also seen as essential.
The decision was made to redeploy or reallocate as much as possible within
the existing structure. The local public unit offered to second two half-time
staff specializing in sexual health education to the prevention effort.
Family Focus, a local community-based mental health agency, also agreed
to dedicate a part-time worker.
The Urgent Need for Children's Treatment
But it was the Urgent need for treatment for the children that provoked
the greatest concern. By April, 36 child victims had been identified by
the joint investigation. However, the therapeutic resources for sexually
abused children in the area were "already overwhelmed by existing treatment
demands." 2Beechgrove,
the main children's mental health centre in the area, had a waiting list
of over 150 children.
When the crisis hit, Family and Children's Services was able to obtain
additional funds from the Ministry of Community and Social Services to
carry out their obligations under child welfare legislation based on an
increase in demand for their services. This did not include funds for treatment.
Unlike child welfare funding dollars for children's mental health services
are not tied to the volume of service demand. Rocci Pagnello points out
that a child in Ontario who breaks a bone has the right to speedy medical
care, but "if a kid gets traumatized to the point that her psyche is emotionally
fragmented, there is no guarantee that she is going to get treatment in
six months, a year, or two years."
The Advisory Committee's initial proposal requested almost a million
dollars over two years to upgrade and coordinate sexual abuse services
throughout Leeds-Grenville. The funds were to be used to hire a multi-disciplinary
team consisting of a psychologist, two social workers, two child and youth
workers, and a clerical support person. These were to be complemented by
the prevention staff seconded by other agencies. A program manager was
to have responsibility for coordinating and integrating all these services.
Funds were also requested for consultation services to help assess the
children's emotional needs and for training to help prepare the children
for court.
Seeking a Lasting Impact
The response from the Ministry Area Office to this comprehensive and permanent
solution was not favourable. The committee was told it would have a greater
chance of obtaining funding if it confined its request to services for
Project Jericho, rather than trying to meet the needs of all sexually abused
children in Leeds-Grenville. 3
Very reluctantly, the committee cut back its proposal to a three-member
treatment team and a prevention effort to be coordinated by the Prescott
Child Sexual Abuse Advisory Committee.
"We ended up modifying the proposal, scaling it down and making it Prescott-centred,"
remembers Henry De Souza, " although it was clear to us that even though
the story broke in Prescott, the kids didn't necessarily all live in Prescott
and the resources, such as the foster homes, were throughout Leeds-Grenville."
The group did not press for a project manager, something they would later
come to regret.
What was different about this project is that
there were many
major players around the table trying to figure
out together how
to address this problem both in terms
of the care of the kids, the
investigation and how the community was going
to respond.
Planning in the community prior to this had
been much more
long-range, softer, less focussed and concrete.
Phil Ogden, Executive director of Beechgrove
Children's Centre
The Advisory Committee wanted the additional treatment funds to be used
to strengthen the entire service network and have a lasting impact on the
community's capacity to respond to child sexual abuse. "We were very clear
right from the outset " says De Souza, "that we wanted any new resources
to either remain in the community or to impact on the community."
The original idea was that the specialized therapists working with the
Project Jericho children would share their experience with other mental
health workers, keeping the knowledge within the community. Sheila Irvine
explains: "You start with a very concentrated model where a lot of the
expertise is within the Treatment Team and then spread the knowledge out
by moving people into the system as trainers."
The fact that this failed to happen is viewed by many as the chief weakness
of what was otherwise an exemplary community organizing effort. For a variety
of reasons, the expertise was left in a "very small pocket," says Geoff
McMullen, Executive Director of Developmental Services of Leeds-Grenville.
"We didn't strengthen the system, we strengthened a component of the system.
The problem was that the component was lost when the dollars were lost."
And although most agree that the result has been "a stronger community
with more skills," McMullen and others believe that they could have done
better.
Ontario Government Funds Special Project
In August of 1990, a year after the first disclosures, and seven months
after the Prescott crisis became public, the Ministry of Community and
Social Services announced funding of $224,000 over a two-year period for
a treatment and prevention project for Prescott. The bulk of the funds
were for a treatment team of two social workers, one psychologist and a
support staff position to provide services to the Project Jericho children.
Smaller sums were also earmarked for the coordinating efforts of the Advisory
Committee, for consultation and assessment services, and for a prevention
initiative to be carried out by staff seconded from Family Focus and the
public health unit.
I think this Ministry responded quickly and
with a lot of compassion.
Prescott had money instantly. Treatment money
was in place six
months before it was actually utilized.
There was a commitment on
behalf of the Ministry to fund the needs of
the children based on
volume.
Bonnie McIsaac, Program supervisor, Ministry
of Community
and Social Services
The Advisory Committee spent the next few months recruiting the members
of the Treatment Team and finalizing its own membership, structure, terms
of reference, objectives, interagency protocols and lines of communication.
It began to meet on a monthly basis. It was decided that the program supervisor
from the area office of the Ministry of Community and Social Services would
be an ex-officio member and the mayor of Prescott, Sandra Lawn, would chair
the committee. Many committee members felt that being outside the service
network helped Lawn focus on coordination and bringing a common sense approach
to the project. She could do this, says Dr. Grant Curry, psychologist with
the Leeds and Grenville Board of Education, "she wasn't in the position
of thinking about 'my agency' or 'my service'."
The committee grew out of the existing people who were involved through
the core group and the community meeting. As time went on, others were
asked to join to make it more inclusive. Some disagreements arose about
including members of the public and service consumers. An argument was
made that broadening the committee beyond the social service and professional
community would foster community participation and healing. There was,
however, a concern that the court cases could be jeopardized if a committee
member inadvertently broke confidentiality. Most committee members agree
with Geoff McMullen that broad community representation is desirable, but
that there has to be a "balance between confidentiality and input that
gives different perspectives."
Since the committee was set up at arms length to the criminal investigation
to protect confidentiality and ensure non-interference with the legal process,
neither the police nor the Crown Attorney attended meetings. Information
was relayed through Rocci Pagnello in his role as supervisor of the child
welfare investigation. It was not always easy communicating needs and concerns
back and forth between the investigation and the Advisory Committee.
The Advisory Committee: Structure and Accountability
The Advisory Committee was accountable to the Ministry through its chairperson.
It didn't take long for the committee to gel, says Geoff McMullen, and
to quickly 'become responsible to itself and the community." Had the Ministry
representatives initially been "clearer on their role and their expectations
and more constructive in their approach, the group may have felt a greater
responsibility to the Ministry," he adds.
Each of the representatives (eg. from education, health, child welfare
and mental health) were accountable to their respective organizations as
well as to the committee. As Bonnie McIsaac, the Ministry program supervisor
who came on board in 1991 after the project was underway, explains: "Certain
staff were dedicated to the functions or tasks outlined by the Advisory
Committee and responsible for them to the Advisory Committee." For example,
the public health staff were jointly accountable to their own public health
unit as well as to the Advisory Committee. The Treatment Team was attached
administratively to Beechgrove Children's Centre, but accountable to the
Advisory Committee.
When you have good leadership, then the other
pieces -- defining
roles and getting things moving -- are so
much easier. Leadership
is key. David Devlin, Assistant Director,
Family and Children's Services
To work well, this kind of structure requires clear agreements at the
outset. In this project, confusion sometimes occurred when the committee's
expectations of staff conflicted with those of their agencies. For example,
in the prevention effort, differences centred around how much time should
be devoted to project versus agency work. There were differences as well
in philosophies of child sexual abuse prevention that took some time to
be worked out. There was also a period of intense self-education for committee
members at the beginning of the case, as they read widely on the issue
of child sexual abuse and sought out specialized assistance from experts
in the field.
As time went on, subcommittees of the Advisory Committee were formed
to address specific needs: the treatment and reintegration of perpetrators;
services for adult survivors of sexual abuse; the planning and monitoring
of the project's formal evaluation; and strategies for sharing the lessons
of the project with the wider community and ensuring that adequate treatment
and prevention services for child sexual abuse became permanent parts of
the community.
WHAT TO DO:
TO ORGANIZE A COMMUNITY RESPONSE TO AN MVMO CRISIS
SUMMARY:
Emergency/Crisis Response
-
Bring together a small working group for initial crisis response
-
Look at the information available and determine the information you need
-
Involve the appropriate provincial ministries
-
Seek the assistance of experts
Deciding What to Do
-
Define the area you seek to serve
-
Define target groups and anticipate their needs for information, education,
support and treatment
-
Assess the strengths and weaknesses of your community services in meeting
these needs
-
Define the resources you have and those you lack
-
Define priority actions
-
Design strategies for filling service gaps
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Prepare a communications strategy
Deciding How to Do it
-
Organize an interagency committee
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Determine membership, leadership and build relationships
-
Determine location of committee, mandate and accountability
-
Determine size and structure
-
Define roles and responsibilities
-
Designate a project manager if necessary
-
Define guiding principles and key concepts and approaches
-
Take time for team building
-
Determine process to protect confidentiality
-
Define immediate priorities and longer-term goals
When something like this hits, it's not the
time to blame. It's
the time to act, look at the positives and
pull your resources together.
Geoff McMullen, exective director, Departmental
Services of
Leed-Grenville
ACTION:
Deciding What to Do
1. Decide quickly what must be done first. Work rapidly and systematically
but don't panic. For example, you will want to ensure that the children
are safe and receiving the services and support they require, and you will
need strategies for dealing with the media and helping the community handle
the crisis. If you plan to evaluate your efforts, you will need to get
that process started early.
2. When you begin to plan, assess the crisis situation carefully
with the information you have available and try to anticipate all the needs
it will create. The needs of many groups must be incorporated into your
strategies. Key target groups to consider in your planning: child victims,
non-offending family members and caregivers, adult survivors, perpetrators,
professionals, educators, community groups, volunteers and special populations
such as the physically or developmentally-handicapped. Think carefully
about how you will define the boundaries of the community affected.
3. After assessing the existing capacity within your community
to respond to the needs generated by the crisis, define the resources you
may need to call on or bring in from outside. Define which needs can be
met by: a) shifting, redeploying, training or seconding existing community
resources b) external consultants c) external hired staff.
4. When you seek the assistance of outside specialists (both
as short-term consultants or longer-term employees) have a clear idea what
kind of help you seek and take the time to do thorough background checks.
Put any agreements for services clearly in writing.
5. One of the first things you will need is a comprehensive
communications strategy which spells out lines of communication within
agencies and between agencies. One part of this is a media strategy. When
designing this strategy, determine the target audiences you seek to communicate
with and try to analyze their interests, information needs and communication
styles. Being clear about what groups require what information, what arguments
are likely to be most convincing and what language is most likely to be
effective will help in deciding the best ways to present your information.
The key question, was: Who is willing to sit
with us until we get
this organized? Who is willing to do all the
volunteer hours that
need to be done - advocating, getting organizations
ready, getting
communication lines flowing?
Rocci Pagnello, supervisor, Child Abuse
Project, Family and
Children's Services
Deciding How to Do It
1. Look at a sexual abuse crisis as an opportunity to improve
your service network and strengthen your community. Good long-term planning,
taking into account the impact all decisions will have on the community,
is absolutely vital in any crisis.
2. Try to adopt a non-blaming, non-adversarial approach from
the outset. All service providers should do everything possible to cooperate,
collaborate and coordinate. Put aside territorialism, turf wars and professional
mistrust for the sake of the children and the community.
3. Try to establish an open and constructive partnership with
relevant govenunent ministries and officials and encourage them to take
their responsibility for solving the problem.
4. If your existing services are fragmented, it is essential
to form a community-based interagency committee to coordinate the responses
of the service network to an MVMO crisis. Build on any relevant natural
networks or committee structures that already exist. Putting a good structure
in place at the beginning will go a long way toward allowing you to build
on the lessons learned from the crisis and foster systemic change. Consider
setting up the committee as an ongoing structure for coordinating family
violence services or attaching it to an appropriate ongoing community coordinating
body.
5. Be aware of the need to preserve the confidentiality of those
involved in the crisis as alleged victims and perpetrators. Build in mechanisms
to ensure that all committee members are accountable to protecting the
confidentiality of alleged victims and perpetrators.
6. Selecting a leader/chair from outside the service network
(eg. a local politician) can provide strong community leadership and may
help to keep service providers focused on the needs of the children and
community. However, you will want to ensure that the person chosen has
the necessary sensitivity to child sexual abuse and social service issues.
7. When organizing your response to the immediate crisis be crystal
clear about the mandate and duration of any committees or special projects
created. Take the time to discuss and clearly set out the committee's mission,
key concepts and approaches as well as a series of guiding principles for
all your actions. Set out the committee's short-term and long-term goals
and objectives and specify who is to carry them out. Specify roles and
responsibilities of members. In cases where staff will be jointly accountable
to two bodies (their own agency and an interagency committee), ensure that
potential areas of conflict are worked out carefully at the outset. Create
the necessary subcommittees to carry out the goals of coordinated effort
(eg. media, evaluation, treatment, prevention, community healing). Set
measurable objectives.
Sexual abuse is still hidden in many Canadian
communities.
When a community discovers that these statistics
are true
they have an obligation to do something about
it.
Sandra Lawn, mayor of Prescott
8. Suggestions for representation on a community-based interagency
committee or subcommittees: police, child protection agency, Crown Attorney,
victim/witness services, corrections, elected representatives, social or
health planning council, clergy, youth-serving groups, recreation groups,
schools, adult mental health services, children's mental health services,
offender treatment programs, social services, public health, hospitals,
doctors, community organizations, shelters, survivors, parent groups, voluntary
groups, business and government and non-goverranent funding bodies.
9. You may want to limit the size of the overall interagency
committee for effectiveness. Encourage additional participation on subcommittees.
Outline how subcommittees will communicate with and report to the main
committee. It's a good idea to develop a screening mechanism for prospective
members.
The Media Frenzy
The former mayor of Prescott, Sandra Lawn, remembers how she first
learned of the crisis that was to turn the town upside down. In December,
police chief Matt Hayes came by to inform her that a major sexual abuse
case involving numerous adults and children was well underway. In February,
he dropped in again. "You better get ready. It's going to hit the papers,"
Lawn recalls him saying. It was decided that they share the task of dealing
with the press. "We established pretty quickly that the media was going
to be a very critical aspect of the whole thing."
And, indeed, it turned out to be. The sensationalistic media coverage
that followed was to have a profound and lasting impact on the lives of
the victims, their families and the entire Prescott community. It was to
compound the pain and confusion experienced by the townspeople and add
unnecessarily to their fear, shame and embarrassment. It was also to affect
the investigation and prosecution of the perpetrators.
On February 15 1990, a local paper broke the story that 25 charges had
been laid against two men and two youths for sexually abusing 11 children.
"When I got to the office, the media were just going berserk," remembers
Lawn, "they were everywhere."
The Impact of the Media on the Community
The media's reporting of the case and their aggressive conduct sent
the cornn,unity into an uproar. One article brandished the headline "Town
Lives in Fear" and began: "A siege mentality has settled over this Seaway
town in the wake of astonishing revelations about a child sex ring. Children
are being kept indoors, neighbors are whispering and the townsfolk have
turned their back on 'Hog Alley,' the subsidized housing development where
the crimes took place." 4
Lorne Bender and Robin Reil, elementary school principals in Prescott,
remember being hounded by reporters day and night. They also had to contend
with news media constantly hovering around the children in search of juicy
information. "I had a television crew follow my daughter down the street
sticking a mike under her mouth and asking her questions," one mother complained.
'They're rude and they scared her." 5
This is a community that feels raped, not
only by the fact
that these people did this, but by the media.
The media
are the ones who raped the community.
Gaetanne Masson, news director, CFJRXL
103.7
One commentator criticized the national media for descending on Prescott
"like sharks smelling blood." 6 When
some reporters couldn't get facts, they would resort to interviewing people
on the street and then printing speculation and hearsay. Photographs of
a deserted playground were published, suggesting that children were too
frightened to go there. "It was empty," says Pam Gummer, "because the picture
was taken at eight o'clock at night."
The media's exaggerations helped fuel unwarranted fears that strangers
were lurking around every comer ready to victimize children. It obscured
the reality that the sexual abuse was committed by people the children
knew and trusted. It also reinforced the myth that the sexual abuse of
children is an uncommon occurrence which happens only in peculiar places
and among certain groups of people.
Locally, the spotlight on the low-income neighbourhood where the initial
crimes took place stigmatized many innocent people and created handy scapegoats.
It allowed townspeople to distance themselves from the issue by viewing
child sexual abuse as something "other people" did.
On a national level, the intense media glare made Prescott's name synonymous
with sexual abuse, spawning jokes about "Molestcott." Isolating Prescott
in this way sent the message that it was somehow different from other small
towns. One Canadian Press story started off: "Rape. Physical abuse.
Sexual abuse. It seems impossible that this quiet, pastoral town on the
shore of the St. Lawrence ... could harbour such a distasteful secret."7Macleans
Magazine referred to the situation as Prescott's "shameful scandal."
8
Attempting to Broaden the Media's Understanding
This type of sensationalistic story conveyed the impression that these
things don't happen in other communities. But although Prescott was the
target of attention, the truth of the matter was that less than half of
the accused (roughly 44%) lived in Prescott at the time the crimes were
perpetrated.
Lawn and others were angered by the 'holier than thou' attitude fostered
by the media. In their view, the media had a responsibility to cover child
sexual abuse - one of the most serious social problems of the day - in
a fair, balanced and informed manner. As a key spokesperson, Lawn took
every opportunity to set reporters straight about its true prevalence in
Canadian society.
Some reporters did make an effort to situate the Prescott crisis within
a broader context. One quoted Rix Rogers, author of the federal govemment's
report on child sexual abuse as saying: "There but for the grace of God
goes any other city in Canada. It's unfair to single out Prescott, because
this can happen anywhere." 9
The media was just bashing Prescott to blazes.
Instead of
celebrating that Prescott was receiving funds
from the
government and that services were taking care
of it , it
was used to destroy the town.
Wendie Morrell, Prescott resident and member
of
Community Action for Recovery
In Lawn's eyes what happened in Prescott was no disgrace. Instead,
she saw the swift action on the part of the police and child welfare authorities
to 'rescue' the children and arrest the perpetrators as a source of pride
that deserved more positive media coverage than it received.
Once the initial frenzy had died down, the national media withdrew,
and the local media shifted its focus to the response of the area's human
services network to the crisis. By this time, the interagency group of
concerned professionals and community members from Leeds and Grenville
had come together as the Prescott Child Sexual Abuse Advisory Committee.
As it got organized, the group realized that a lack of coordination
between key authorities involved in the case had been a factor in the poor
media coverage. In an effort to minimize confusion and reduce the diversity
of messages, Sandra Lawn was named official spokesperson and chief media
contact for the committee and the community effort. The police continued
to handle all enquiries about the criminal investigation.
How the Media Helped
The local media proved helpful in drawing attention to the shortage
of treatment services available to sexually abused children in Prescott
and area. The Brockville Recorder and Times reported that Leeds-Grenville
Conservative MPP Bob Runciman called on Liberal Minister of Community and
Social Services Charles Beer in June 1990 to take immediate action to provide
funding for the Prescott victims of sexual abuse.
He was quoted as saying: "After these many months 28 of the 36 children
identified have received no psychological treatment whatsoever. The Ministry
acted quickly to provide funds to assist with the prosecution of those
charged, but it hasn't provided one cent to permit this urgent treatment
to begin." 10 This public
pressure may have helped to hasten the govemment's decision to fund the
special short-term treatment team and prevention initiative requested by
the Advisory Committee.
The Media's Impact on Victims and Survivors
One of the main challenges of media relations in a complex multi-victim
case is the need to balance the desire to use the media to educate and
inform with a concern for the victims and the criminal process. A key part
of the picture is the need to protect the victims. In a society that still
blames and stigmatizes the victims of sexual abuse, exposure can be extremely
harmful.
Although the media is prohibited by law from publishing the names of
minors and victims of sexual assault, care must be taken not to provide
any information, even anecdotal, that identifies the individuals involved
or makes them feel they have been identified. In cases of intrafamilial
abuse, publication of the names of the perpetrators can also identify the
victims, and must be avoided.
Terrible things are alleged to have happened
here and we
have been placed under a microscope with all
of Canada's
eyes upon us. We are the tragedy of
the week; the Mount
Cashel of March; the scandal of the moment.
Editorial, Prescott Journal
In the case of sexual abuse in a small town where everybody knows everybody
else, police officials also sought to ban publication of the names of accused
with no family links to victims. They argued that the need to prevent further
pain and suffering of the victims outweighed the public's right to know.
"Our main objective in this exercise is to protect the children," Police
chief Rick Bowie was quoted as saying. "If you identify one accused you
will know who the victim is." ll
Ruth Campbell-Balagus, one of the three therapists hired to work with
the children, says the media publicity heightened the children's sense
of shame. At school they were whispered about, pointed at, revictimized,
as if the crimes against them were somehow their fault. 'They hated the
glaring headlines, the stories about that awful Prescott place, the details
of what happened. As a result, the Treatment Team had issues to deal with
in therapy that don't normally arise," says Campbell-Balagus.
Working with the Media
By mid-1991, the treatment and prevention initiatives were well underway.
In order to increase public understanding of child sexual abuse, members
of the Treatment Team developed successful strategies for communicating
important themes through the media without damaging individuals or the
judicial process.
Although the therapists would only address general issues, they still
checked with clients and families beforehand to see if they had any objections
to the team speaking publicly None did. Happily, the stories that ultimately
appeared were all very positive, says Campbell-Balagus, and appeared to
have no negative impact on the children.
One of the reasons for this is that team members were well prepared
prior to their interviews and comfortable with the press. Being coached
by a media specialist helped ensure the interviews met their intended goals.
The team held mock interviews to learn how to answer questions in a way
that put forth their own message and steered clear of issues outside their
area of expertise
They tried to understand the media's agenda and to work with it rather
than against it. "We realized," says Campbell-Balagus, "that newspapers
have a product to sell and need a story, so we provided information that
would give them what they wanted without compromising the families."
The team also agreed in advance to hold only joint interviews and to appoint
one member of the team as primary spokesperson.
After the frenzy had subsided, the local media had become much more
sensitized to child sexual abuse than before. The Prevention Committee
found them quite willing to publicize its activities and provide information
about the issue. But the baptism by fire with the media at the beginning
of the case had burned many of the professionals who opted to "back off"
from contact with the press for a period of time.
We granted interviews to put a more human
face on the
information and to explain how the sensational
stories
were having an impact.
Ruth Campbell-Balagus, therapist, Treatment
Team
"It was almost like a 'them and us' situation, as opposed to seeing
them as part of the solution," recalls public health nurse Denise Gaulin.
'There is no question that media have a very powerful impact and provide
access to the community you can't get any other way If you try to be secretive,
they go digging for stuff." Adds colleague Cecile Loiselle: "I think we
learned not to be so afraid of the media, as well as ways to deal with
them to have a better chance of getting our message across."
The impact of the Media on the investigation and Prosecution
In a multi-victim, multi-offender case like this, media coverage has the
potential to adversely affect the investigation. For the most part, police
and child welfare authorities remained tight-lipped about their actions
to avoid tipping off suspects and frightening potential witnesses. Police
appealed for calm in the wake of the media frenzy. "It's difficult enough
to get those who've been abused to talk to police without all this attention,"
said OPP Inspector Lyle McCharles in March 1990. "With all the publicity,
some people are running for cover." 12
Prescott Police chief Matt Hayes was also quoted as saying that the
media hoopla actually stalled the force's work. "We asked the media to
hold off with any break in the story because it would impede our investigation
at a time when we were just starting to get information," he said. "That
break in the story meant we had to do a lot more legwork. It made our job
more difficult." 13
It was also essential to guard against making statements that could
jeopardize the court cases. The job of defence lawyers is to be alert to
any information that might be prejudicial to their clients. If used in
court, this can prove damaging to the Crown Attomey's prosecution of cases.
One consequence of the intense publicity around the Prescott situation
was the request by defence lawyers for trials to be transferred out of
the immediate area to ensure unbiased juries. These are referred to as
change of venue trials. Almost one third of the cases were moved to locations
such as North Bay and St. Catharines at a cost to the government of hundreds
of thousands of dollars. In fact, Crown Attorney Desmond McGarry suspects
that the cost of moving the trials was almost as much as the investigation
itself.
WHAT TO DO:
To Handle The Media
SUMMARY:
-
Form a media committee
-
Develop a strategic media/communications plan immediately
-
Call on outside expertise for advice and help if necessary
-
Learn how the media operates
-
Clarify roles and communication lines within and between agencies
-
Appoint a spokesperson/coordinator
ACTION:
1. Be prepared, proactive and upfront by developing a strategy
that will promote media cooperation, provide constructive information and
minimize inaccurate and fear-inducing messages.
The media has a great deal of responsibility
for how they
manage themselves. We can manage them but
they can
also manage themselves. They can make it better.
Sheila Irvine, social worker, Brockville
Psychiatric Hospital
2. Find out how the media works. The mass media's need for simplicity
and brevity means that you cannot expect to see comprehensive, definitive
articles that cover every point you wish to make, with nuances included.
Almost all reports or stories in mass media contain simplifications and
even errors. Your objective should be to reduce oversimplifications and
errors to a level you can tolerate. In all media planning and contacts,
it is critical to think in advance about brief, clear points you wish to
make.
3. Be clear about who you want to keep informed and about what.
Different media have different needs. Local media will be interested in
providing specific information to local residents, including where help
is available. Regional media will be concerned with these things but will
also focus on the involvement of regional agencies including regional/provincial
governments. National media may care more about the overall picture. Radio
will want quick information. Television will want visuals. Print media
will want depth and graphics.
4. Using the media well can help educate and heal the community.
Always put the facts of the case into a broader context. Look upon the
media as potential partners in community healing.
5. It's a good idea to designate as media liaison/coordinator
someone who is not part of the investigation. No one should speak to the
media during the investigation or trials without first obtaining permission.
Along with an official spokesperson, it is useful to have one or more trained
public relations persons who can: help the spokesperson deal with the media;
look after media needs; report media concerns so that they can be dealt
with before they cause problems; keep track of what is being reported so
that errors or rumours can be spotted and corrected. The assistance of
a media expert can be especially useful when national media descend on
a small community.
6. Coordinate messages to ensure unified, consistent and positive
communications. Violating agreements by speaking independently can be very
destructive of relationships.
7. Make sure that you provide information to the media in a way
that protects the confidentiality of victims and does not jeopardize the
investigation and prosecution.
The media have an important educational and
informational
role to play in helping the public to become
more aware of
the causes and effects of violence and sexual
exploitation.
The media can help to change public attitudes.
Rix Rogers
Tips For The Media Spokesperson
* Never repeat media suggestions if they are inaccurate, but reply in
your own more moderate words.
* If you don't know something, say so immediately and promise to
get the information as soon as possible.
* If something comes up which you consider dangerous, ask the media
to hold on briefly so the material can be checked out.
* If an error has been made, admit it at once. Concealed errors will
leak out and cause far more problems.
* Never say "no comment". This is usually taken to imply there is
something to hide.
* If information cannot be made available, give a reason.
Keeping a Communicatons Log
It can be helpful to keep track of----
* what media called/ arrived
* what was said to any media
* what was promised as follow-up to any media
* what was said to the community
* What the key questions/ issues are or seem to be
* what was published/aired
Team Work On The Front Lines Of An MVMO Case
The professionalism, commitment and cooperation between the front-line
Tworkers on the Prescott case was exemplary. The result was a highly successful
investigation and prosecution, and children who were given the support
they needed to grow through what otherwise might have been a nightmarish
ordeal.
By January 1991, the newly-hired therapists had begun work in the renovated
greystone building on the Prescott waterfront alongside the other members
of the joint investigative team from the police and Family and Children's
Services. A great deal had been accomplished by this group since the beginning
of the investigation, much of it under intense pressure and scrutiny.
"The early part was really overwhelming," recalls Rocci Pagnello, "here
was ust too much to do." As manager of the child welfare side of the investigation,
he was trying to develop key systems and procedures at the same time as
they needed to be used. As a result of this experience, he strongly advocates
planning in advance for sexual abuse crises.
Once the children were identified as potential victims of abuse, their
immediate needs were attended to. Where their safety and well-being were
in jeopardy, they were removed from their homes and placed in the care
of Family and Children's Services. Family court proceedings were launched
to determine guardianship of the children and ensure their safety. Because
of the number of children that had to be brought into care at the same
time, Family and Children's Services hired Ottawa lawyer Jennifer Blishen
l4
to prepare the cases. Many of these cases were very complex and involved
trials that took up to two weeks.
Working together out of the same office
is the reason we've
been so successful. There's no rank and everbody's
had some
input. Another reason is we were given the
time and freedom;
we didn't have to do anything else.
Detective Rick Robins, Project Jericho
The children were given medical care by child sexual abuse specialist
Dr. Christopher Padfield at the children's outpatient unit at the Hotel
Dieu Hospital in Kingston. They also received psychological assessments
from Dr. Robert Groves in Ottawa and Dr. David Wolfe in London, child abuse
specialists who provided consultant services to determine the nature of
the children's trauma and recommend the type of help needed. As mentioned
before, it was the early recognition of the glaring gap in treatment services
for sexually abused children which led to the community lobby described
in the previous section on the response of community services.
Clinical assessments were court-ordered for the children going through
protection proceedings. These were done by the Family Court Clinic in Ottawa.
'They're comprehensive assessments," says child protection counsel Jennifer
Blishen. "The clinic interviews everyone: the children, the parents, the
parents with the children. A social worker goes to the home. Psychological
testing is done. There is the ability to do sexual behaviours testing on
the adults." This process usually results in a recommendation to the court
regarding the living situation that is in the best interests of the child.
Meanwhile, the police were continuing the criminal investigation, which
involved interviewing suspects, potential victims and witnesses and gathering
physical evidence. They adopted a strategy of laying charges against the
accused in batches. 15
'There was a conscious decision not to be out charging and identifying
single perpetrators and single victims," says Bonnie McIsaac. "It was done
in groups so as not to contaminate the evidence or information sharing
among alleged perpetrators or alleged victims." By the early summer of
1990, some preliminary trials were held to determine whether there was
enough evidence to warrant full trials.
It was readily apparent that the testimony of the child victims would
be critical to the cases. But courtrooms are frightening places for children
at the best of times. Anxiety created by the prospect of confronting perpetrators
and talking about their abuse in front of strangers can lessen the effectiveness
of a child's testimony and add significantly to the trauma they have already
suffered.
These are two reasons court preparation is so important in cases of
child sexual abuse. Research has shown that the testimony of children who
feel comfortable on the stand tends to be more credible. Good preparation
can also reduce the retraumatization of children. 'There's a difference
between a good witness on the stand and getting a healthy kid back off
the stand," stresses Rocci Pagnello. "We wanted both."
One thing we decided early on was to do whatever
we could
to make the court and the court process friendly.
I personally
think it was the most central thing we did.
Desmond McGarry, Crown Attorney
A request was made to the Ministry of the Attorney General for a victim/witness
assistance coordinator, and Janet Lee was seconded from the program in
Kingston. By early 1991, the police, child welfare and legal teams conducting
the investigation and prosecution had developed a smooth and effective
working relationship, although the road to cooperation had been bumpy in
places because the police and FCS had never worked together as closely
before.
'The police didn't really understand the family court process and the
kinds of evidence we needed for that," recalls Pam Gummer. "And we didn't
understand the criminal court process in the intimate kinds of ways we
now know it. So there was a lot of discussion and long, long work hours."
After animated exchanges, they would usually come to some kind of consensus,
she says.
"We realized," says Crown Attorney Desmond McGarry, "that for this to
be a successful prosecution we all had to work together. That included
putting aside whatever differences we might have. It was very important
- and it actually worked - to make sure that each person understood clearly
the role of the other person and respected the limits."
Jennifer Blishen offers an example: 'The very nature of the work meant
that child protection workers would have to speak to accused persons. The
workers had to be very careful that they knew where their role ended. If
the accused started to say something that might be an inculpatory statement,
the police had to be called in right away. Obviously such a statement could
be very crucial evidence for the Crown in a criminal prosecution. If it
was not properly taken and the appropriate warnings and cautions were not
provided, then it could be inadmissible from a criminal court perspective."
"We held regular meetings and established a core group which
met all the time," explains McGarry. The one thing that everybody
agreed on right from the beginning was that the needs of the children
took precedence over everything else. "We made a very clear decision
to put the kids first in everything we did," he says.
"If it meant withdrawing a charge," McGarry continues, "I would
withdraw. I don't worry about my win/loss record. If it's not in the best
interests of the child to prosecute then we have to be serious and not
prosecute. And, in the context of this project, I would never dream of
making a decision like that without at least going around the table and
finding out what everybody thinks."
This was a new experience for Pam Gummer. "Before this, Family and Children's
Services had limited input into decisions about prosecuting sexual abuse
cases and what charges to go ahead with," she says. "Here, we were able
to help in those kinds of decisions. We had a lot of knowledge about some
of these family systems. We were actually going into the homes and knew
these people and the child victims."
'There is so much information in this kind of investigation," says Rocci
Pagnello. "Family and Children's Services had ten, eleven workers and the
police had four to eight at certain points. You have all these people out
there pulling in bits of information which may connect with other bits,
but
you don't know until you all get together. Being in the same building made
sharing critical information a lot easier and quicker."
It was just invaluable to have such ready
access to each other
-- when we needed to get together as a group
it took just five
minutes notice. We could see each other during
lunch hours
and have hallway conversations. Telephone
contact is nothing
like face to face.
Pam Gummer, team leader, Child Abuse Project
Once the Treatment Team was in place, they were also integrated into
the overall collaborative approach. Therapist Susan Meyers says the opportunity
to work so closely with the investigative team was "a real breath of fresh
air." And while this collaboration was vital to the success of the investigation
and a unique and positive experience for the professionals, the real pay-off
was for the children.
"Being able to work together to share the information we needed to share
was a benefit to our clients," Meyers says. "Seeing each other on
a daily basis, we could spend two minutes in the hall and deal with a particular
issue rather than spending a week playing phone tag. It was a lot more
efficient. We were more on top of the cases and knew what was going on."
As well, McGarry talks of the valuable ongoing liaison between the Treatment
Team and himself through Janet Lee for most of the cases. "It involved
me telling them what was going on in my contacts with the children because
it affected their therapy. If I interviewed a child on Monday, and on Tuesday
he or she was having problems like bed-wetting, it told me something happened
during the interview. So we had a way to deal with that."
Meyers adds that the investigators and other members of the front-line
team learned that "therapy isn't this magical time where you take the kid
behind a closed door for an hour a week and fix them up and send them out."
A child's healing process requires a strong support system, which includes
caregivers, teachers and all the other professionals a child comes into
contact with in the course of her daily life. The more these key people
cooperate, the better off the child will be.
Working closely with the police made it possible for the therapists
to know why charges were or weren't being laid, something that does not
always happen in sexual abuse cases. Another advantage, says Meyers, was
that "the others had a better relationship with the children because they
could see how we behaved with them and they developed some of those skills
too."
The team also offered camaraderie and mutual support that made it easier
for the professionals to cope with the emotional stress of the job. "We
were really fortunate to have a team who supported one another," says Pam
Gummer. "When we were having a really lousy day or when a kid made further
disclosures, it was nice to know you could go to other team members and
talk or cry -- it was really the ideal model."
The Investigation and Legal Process
"Successful investigation is hard work and thoroughness," says Crown
Attorney Desmond McGarry, "and 99% of it is dull and tedious." One of the
reasons for the success of this case, he says, was that the investigators
stopped at each stage to ask what more could be done to get evidence to
strengthen the cases. That doesn't always happen in criminal investigations
of child sexual abuse. Some investigations "consist of taking a statement
from the child, taking a statement from the parents, and that's it," says
McGarry. 'The police in this project were acutely aware that all sorts
of things can be done to support the Crown's case if you take the time
to go over it thoroughly enough."
Investigation by the police and by the child
protection agency
didn't stop when the charges were laid. The
investigators were
involved from the beginning to the end.
Desmond McGarry, Crown Attorney
Often something new would come up in his interview with a child that
had not been included in the original statement. "So, the next time we
had a team meeting I would tell the investigators because it might be something
that had to be followed up on," says McGarry. "The police had to be willing
to do that whether it seemed minor or not."
"Let's say you're talking to a child and he or she says the abuse happened
in the apartment on afternoons that his mother was at bingo. You ask: "Was
anybody else ever there?" "Well," the child says, "sometimes so and so
was in the other room." That may not have come out before. Then it is crucially
important to go and talk to that person to find out what he has to say.
He may say he never saw anything happen. But he may say that he was there
on a number of Thursday afternoons when the perpetrator was in the
other room playing Nintendo just as the child had described."
In a number of instances the children were able to describe houses but
weren't sure of their locations because they had moved so frequently. It
was necessary to get photographs of the houses so that the children could
identify them and confirm where the abuse took place. 'Those are little
things that take time," says McGarry, "but they're important."
McGarry says it was also vital to go over what was said at the preliminary
inquiry to see if there was any evidence that could be developed to further
support the case. This was even more critical in instances where there
was no physical or medical evidence, such as in cases where the abuse had
happened many years before.
This multi-victim case involved numerous children, many of whom were
very young, some of whom only had a peripheral association with the situation.
Interviewing these children required skill, speed and thoroughness. All
potential victims had to be interviewed as quickly as possible, by experienced
interviewers who could understand and communicate with children.
Interviewers had to remain objective, as well as compassionate, despite
hearing horrendous stories. They had to ensure that they did not make assumptions
or lead the child, particularly when hearing a story that seemed similar
to one already related. Ideally, says Jennifer Blishen, expertly trained
interviewers should be in place right from the start in a case like this,
"whether they are available in a particular child protection agency or
whether you bring them in." Having people who know what they are doing
makes investigations less vulnerable to charges that ideas are planted
in the children's heads by adults. She also believes that cases like this
need access to experts in the fields of child psychology, posttraumatic
stress disorder, and credibility assessment.
Successful Investigation is hard work and
thoroughness,
and 99% of it is dull and tedious.
Desmond McGarry, Crown Attorney
Although the Prescott investigators were not all experienced going
into the case, with on-the-job training, consultation, painstaking hard
work and meticulous attention to detail, they developed excellent interviewing
techniques. The interview with a child would generally be conducted jointly
by a child protection worker and police officer. "We formed a system that
worked really well," says social worker, Maureen McDougall. "One of us
would record quite extensively and the other would interview and then we
would stop half way and the other would pick up at that point." Which one
began the interview depended on the case and the age of the child.
A concern distinct to multi-victim cases - where the children know and
communicate with each other regularly - is that evidence may be unintentionally
contaminated. "If there is more than one victim for any one perpetrator,"
explains Rocci Pagnello, "then when you talk to that one victim, the chances
are good that they may go talk to the other victims." It is important for
investigators to reduce the chances of contamination bv interviewing quickly,
by instructing the children not to discuss their stories with each other
and by keeping them separated. Where contamination is suspected, the source
must be identified and isolated.
Cases involving interconnected abuse present still other challenges,
says Pagnello. "You have to keep track of who is connected." The investigators
had link charts in their offices with pictures of perpetrators and arrows
out to the victims showing who each was related to so the whole picture
was obvious.
Situations where the abuse took place many years ago presented additional
problems such as the lack of corroborating evidence, the distance of alleged
victims who may have moved, the death or failing health of alleged offenders
and sketchy or non-existent files.
Gathering The Evidence And Ensuring The Children's Safety
The Role Of The Joint Investigative Team
Maureen McDougall, social worker with the Child Abuse Project, and a
key member of the investigative team, describes the way sexual abuse
allegations were handled:
(( In the early stages of the intrafamilial
cases, the police went in with search warrants and did their searches very
early in the morning. Once they were done, we (the child protection workers)
arrived to address with the family child protection concerns. It was an
emotional time for these families who had been up for several hours while
the police were searching their houses.
We came in and told them we had allegations of possible abuse we had
to investigate. We asked them to sign consent forms to have their children
medically examined. All of the parents signed consents for us to take the
children to Hotel Dieu Hospital for their medical exam.
If the medical exam was suspicious, then we would apprehend. Upon our
return we would call and say that we were going to initiate court proceedings,
that we are apprehending the child, that the child was going to be placed
in foster care.
I always knew going in who I was doing the
interview with.
It wasn't like coming in cold with a new officer.
You actually
got to know the strengths and weaknesses of
that person
and their interviewing style.
Maureen McDougall, social worker, Family
and Children's
Services
After that, the investigation extended to extrafamilial cases. Let's
say a perpetrator was interviewed and he admitted touching a child while
babysitting, then we would contact the parents of the child and bring them
down to our office. A police officer and I would meet with them and let
them know that we had received allegations of abuse and that we would like
to interview the child.
As soon as we received the parent's consent, we would interview the
child. Sometimes there was a disclosure, sometimes there wasn't. We would
meet with the parents afterwards and encourage them to cooperate and have
their child medically examined. If it was an extrafamilial case and we
had no concerns about the parents' involvement, they were physically present
during the medical exam. They had an opportunity to speak to the doctors
and nurses.
In some of the extrafamilial cases, the children were really quite young,
often pre-verbal. Some of them presented with medical evidence indicative
of sexual abuse and we had to apprehend to further assess risk issues.
That's when we referred them for psychological assessments. In cases like
that, if you have a child who isn't able to disclose who the perpetrator
is, you may have to apprehend in case the perpetrator is actually a parent.
And in some of these cases we apprehended those children because we suspected
that the parents, even though they weren't the abusers, had failed to protect
the children from abuse.))
Parallel Proceedings in Family and Criminal Court
In cases of intrafamilial sexual abuse, overlaps in child protection
proceedings and criminal proceedings are not uncommon. But the sheer numbers
and interconnections involved in this multi-victim, multi-offender case
made it even more complicated than usual. "We might have three or four
child protection cases," says Jennffer Blishen, "which were in some ways
interconnected and one or two of those would also be going to the criminal
courts at the same time."
'The burden of proof (or standard of proof is different before the court
in a child protection proceeding and a criminal proceeding," explains Blishen.
"In criminal court, you have to prove that a crime was committed beyond
a reasonable doubt. In family court, we have to prove that the child is
in need of protection which covers a whole spectrum of issues. The definition
is multifaceted and the burden of proof is on a balance of probabilities."
Often, the defence counsel would suggest waiting for a criminal conviction
before agreeing to an order for Crown wardship. In some ways it does make
more sense to have the criminal trial first, says Blishen. "If the person
is convicted, there is no need for a full-blown child protection hearing,
because if it has been proven beyond a reasonable doubt that he or she
had sexually assaulted the child, nobody is going to argue that in the
child protection context." But criminal trials often take much longer to
get to court. "In child protection cases we can't wait long; we need to
be as quick and expeditious as we can so the lives of these children are
not left in limbo."
In child protection cases we can't wait long;
we need to be
as quick and as expeditious as we can so the
lives of these
children are not left in limbo.
Jennifer Blishen, FCS counsel
Parallel proceedings are an intricate process for many reasons. Family
and Children's Services gave full and complete disclosure of their files
to defence lawyers who were often representing their clients in both child
protection and criminal hearings. This included evidence collected by the
police. Because the family court hearing usually happens before the criminal
trial, and even in some cases, before criminal charges are laid, defence
counsel were given an early opportunity to see all the evidence against
their clients.
'The police told Family and Children's Services that if there was anything
they could give us in terms of statements taken for criminal court, we
could use them in family court if it meant ensuring the safety of the children,"
says Maureen McDougall. "That was a really big plus for us because we were
able to access a lot of the interviews they did with perpetrators - interviews
we wouldn't necessarily do."
Many defence lawyers were overwhelmed by the disclosure, says Blishen.
'They had no idea of the depth and the extent of the evidence of abuse
that had been ongoing for some time." As a result, many offered to work
out a compromise because they didn't want to proceed to trial. A number
of parents eventually voluntarily consented to Crown wardship with no access.
One of the problems inherent in this process was that it discouraged
alleged abusers from obtaining treatment. "Acknowledging that they had
done these things in order to be considered for treatment programs meant
laying themselves open to criminal charges," says Maureen McDougall. When
parents denied the abuse and refused to seek help, Family and Children's
Services had no choice but to remove the children from the home.
And because many of the children had been abused by grandparents, uncles
and aunts, parents were encouraged to sever all contacts with their extended
families if they wanted to strengthen their position in family court. "We
recommended that they no longer associate with their families because they
were a risk to the children," says McDougall.
In family court cases, a child may be in care up to 24 months from admission
to the scheduling of their crown wardship trial. Family and Children's
Services is responsible for a plan of care which includes access to parents
and/or siblings and any services needed such as special school or day care
programs, speech therapy and psychiatric assessments. One of the most time
consuming aspects of these cases was supervising visits with parents. The
child and youth worker plays an essential role in supporting the child,
providing parenting assistance and managing these visits. As the termination
of visits approaches, the stress on the child, parents and worker increases.
The social worker is responsible for filing the protection application,
outlining the plan of care, coordinating all services for the child and
family, and managing the child protection trial.
Putting Children on the Stand
Testifying in court can help children put
the past behind them,
or it can traumatize them. It depends on the
child, his age and
how well prepared he is before he takes the
stand.
David Wolfe, associate professor of psychology
at the
University of Western Ontario
"Until recent changes to the law," writes Judy Steed in Our Little
Secret, "children were routinely traumatized as they were shuffled
through the maze of the court process, surrounded by strangers, meeting
one Crown Attorney at the preliminary hearing, a different Crown at the
trial, asked to bare their souls again and again, questioned with cruel
dispassion, confused and frightened at every turn. The system is still
inimical to children in many jurisdictions, with Crown Attorneys required
to prosecute in packed courtrooms and child rape victims marched up to
testify in front of their perpetrators..." 16
There is no question that testifying in public about sexual abuse can
make children anxious and unsettled. One of the things attempted in this
case, says Jennifer Blishen, was to avoid having the children testify in
family court, because they were going to have to testify enough in the
criminal context. This was possible because in family court hearsay evidence
- the out-of-court statements given by children to third parties - is arguably
admissible through a third party, she explains. "So instead of having the
child testffy, a social worker who interviewed the child could potentially
report what the child told them."
None of the children were ever required to take the stand in criminal
court if it was not in their best interests, says Crown prosecutor McGarry.
However, one of the key lessons learned was that, with good support and
preparation, more children than imagined were capable of being reliable
witnesses, surviving the court ordeal and even benefiting from it. After
several children who were not initially thought capable of testifying,
did so successfully, it became obvious that the children were stronger
and more resilient than many adults had given them credit for.
"Experience taught us to take the time to ensure that children were
given the opportunity to testify," says McGarry. "For many of them it was
very important. Once you've seen a six-year-old come walking out of courtroom
three feet off the ground because he has done it - regardless of the outcome
of the case - you realize why it is important. It can be really empowering
if it is done right. If it's done wrong it's awful."
Victim/Witness Preparation
"Doing it right" meant that all the members of the front-line team had
a role to play in lessening the trauma of the court experience. Everybody
involved was sensitized to the children's needs to feel safe and secure
throughout this process. "The key to successful court preparation is the
team work," stresses Janet Lee, Victim/Witness Assistance Coordinator.
"Everyone - the police, Crown, social workers, child and youth workers,
volunteer drivers, treatment team, support staff, foster parents and community
agencies - all worked together. It's like building blocks, there has to
be a foundation for support."
She points to the contribution of the Treatment Team, for example. "I
don't care how good court preparation is, if the victim or child is in
crisis, there's not much I can do. Having a treatment team means there
was already work done in getting a child to understand feelings and feel
safe before I came in. It is very difficult to prepare children in incredible
crisis with no support systems. I can't work miracles."
Going to court turned out to be a positive
experience for
most of our kids. Being able to tell their
story, being
believed and seeing the abuser punished for
having done
a bad thing was incredibly empowering.
Ruth Campbell-Balagus, therapist, Treatment
team
Still, the two people at the centre of the court preparation process
were Janet Lee and Crown Attorney Desmond McGarry. Without Lee, Maureen
McDougall doubts some of the children would have been able to give evidence.
"All of our work would have meant very little if the children had gotten
up there and fallen apart on the stand," she observes.
From McGarry's perspective, Lee had four main tasks: to acclimatize
children to the process of going to court; to deal with their anxieties;
to prepare them to meet him; and to advise him on any special needs the
children may have. Lee notes that she was fortunate to be able to work
with a Crown Attorney she could trust to look after a child's interests
in court, and because of that she felt comfortable transferring the trust
she had built up with a child over to him. McGarry has a knack for communicating
with children, says Lee, and he made himself available to meet with them
several times before the trial.
In general, a victim/witness program (of which there are 12 in Ontario
jurisdictions) helps children to understand the adversarial nature of the
criminal justice system, teaches them about court procedures, the roles
of key people and familiarizes them with legal terms and concepts. It also
makes children comfortable with the physical layout of the courtroom and
stresses the importance of telling the truth and speaking clearly. As well,
victim/witness personnel advise the Crown on issues of concern to victims
and witnesses (for example, their need for aids to testimony), provide
information and support to the parents/caregivers of the child and provide
referrals to community resources.
No matter how much children may want to testify, it is often frightening
to face their abusers in open court. As a result of 1988 amendments to
the Criminal Code, children are now able to take the stand without having
to see the accused, either from behind a screen or through closed-circuit
television. These are referred to as aids to testimony. The Prescott case
broke new ground in the regular use of closed-circuit television.
"I believe in closed-circuit TV," says Desmond McGarry. "Because the
court has to give permission, one of the things we had to do was find someone
to testify that the child required it in order to give a full and candid
account of the abuse." This job went to several expert witnesses who assessed
the needs of many children for aids to testimony. "The issue came down
to fear and concems about the accused as well as distractibility," says
McGarry. "It is very distracting for the child, someone with limited attention
span, to go into a courtroom and give evidence." Once the arguments were
made, however, McGarry found all the judges more than willing to accommodate
the need for closed-circuit TV.
There's been an enormous change in society's
attitude toward
sexual abuse. We're moving toward giving children's
evidence
as much weight as adults', and that's a good
thing. In my view,
children are as truthful as adult witnesses.
We have judges and
juries whose job it is to sift what's reliable,
and they're as capable
of doing that with children as adults.
Desmond McGarry, Crown Attorney
Lee stresses the importance of separate waiting areas and doing everything
possible to protect the child from seeing the accused before the trial.
"For example, the police can meet me downstairs and we will bring the child
up to court so the child knows he is safe with the police officer." It
was also very important to the child to have a support person present with
them in the adjoining room from which they testified.
A unique situation that arose in this case was the need to prosecute
individuals who were also called as witnesses in their own or other cases.
In one instance, the accused was a person with a developmental handicap
who McGarry knew would have difficulty understanding how he could be his
friend in one case, and not in the next. McGarry arranged for another Crown
to prosecute the case so as not to confuse and upset him.
In other cases, that wasn't necessary. McGarry was scrupulous about
keeping the cases separate. "I was very careful to ensure that people knew
that when they talked to me as a witness about what happened to them, I
was not going to ask them about the case in which they were accused," says
McGarry. 'They didn't have to worry that I would try to incriminate them."
This type of fair and respectful treatment had an interesting outcome.
"Many of the accused actually felt more comfortable with the prosecution
and Project Jericho staff than with their own lawyers," notes Lee. "Our
police investigators are exceptional individuals," she says. "There is
no malice there. Believe it or not, a lot of the accused actually thanked
the investigators after coming out of jail. They said it was the best thing
that could have happened."
Preparing The Children For Court
The Work Of The Victim/Witness Assistance Coordinator
Janet Lee explains how she prepared the child victims for their courtappearances:
(( Generally, I become involved
at the time police make the decision to lay charges. The victim / witness
preparation person acts like a buffer between the victim and the judicial
system - sort of the humanizing part of the whole process.
First, I look at the Crown brief, that's what the investigators put
together for the Crown to prosecute on. I also look at the victim's statements.
I never discuss evidence with any victim or witness. I am not shaping or
influencing testimony in any manner. But it is really important that I
understand what they have gone through.
I sit down with the investigators and they tell me from their perspectives
as police officers, social workers, whatever - how they think the child
will do in court, what their personality is like, so I get a general feel
for the case. I find out about the family history and the stability of
the child's environment. ff the child is still in the home, I learn what
kind of supports they have, if any, and the attitude of the support person.
In these cases, I may have to spend time trying to get the parents to understand
the system so they don't transfer their anxiety and anger to the children
or put undue pressure on them.
I was careful to interfere as little as possible with the children's
lives. I didn't want the kids to feel they were being punished any more
by going through this court process. I tried to work around their schedule
so they didn't have to miss their Brownies or anything like that. I tried
not to have them miss too much school or even avoid missing school at all.
I worked evenings and weekends so that their schedules were not disrupted.
It's hard enough to describe in great detail
in front of other
people your first intimate sexual experience,
especially if it
was a humiliating one, a rape or something
you feel ashamed
of. Imagine if you had to describe it in a
strange setting to a
room full of strangers who judged you. Imagine
if you were
the victim and you were treated like a criminal.
Janet Lee, Victim/Witness Assistance Coordinator
It's really important to try to understand the children's issues. It
is bewildering for them: they meet so many people. I let the kids know
that I know what happened and that my heart hurts for them. I tell them
that they don't have to talk to me about the abuse: in fact we are not
allowed to talk about it. That is a great relief for the children. I tell
them I am their friend and I will help get them ready for court and be
with them when they go to court.
I tried right from the beginning to empower the children with information
in terms of their self-confidence by saying that they are important, and
they have an important story to tell. I say that the Crown Attomey's job
is to help them tell their story; the defence lawyer's role is to defend
the accused and raise a reasonable doubt that maybe the accused didn't
break the law.
I tell the child that we don't know the outcome and we can't promise
anything, but the police believe you. You're the one who knows what happened,
because you were there. Your only job is to tell the truth. I would ask
them: Who is the most important part of the team? And they would say: the
Crown Attorney. No, you are. Oh, Me! And the light bulb goes on. So the
kid sees a huge team - all working for them.
We ease into the court stuff. I try to humanize the Crown Attorney as
much as possible before they have a chance to meet him. I talk about Des,
and his dog, his horses. It's very rare that a witness has a chance to
ask the Crown Attorney anything personal, especially kids. I think they
have the right to do that. It shows that we are all the same. We are just
regular people. We all feel scared or nervous about going to court.
I run through a 'fear list' with the children to help me identify and
get them to talk about their anxieties. I ask the child to respond to statements
such as 'I'm afraid I won't be believed,' and then we can really zero in
on their specific concerns.
It's important to make court preparation as interesting as possible.
Court is really important and very serious but getting ready for court
doesn't need to be mundane or dry. Depending on the level of the child,
we do quizzes about court questions. We sit down and colour a lot. When
we had change of venue trials, the police would videotape the exterior
of the courthouse and an empty courtroom so the victims would be familiar
with them and feel more comfortable.
I built a miniature courtroom model complete with figures in robes to
explain to the children the three different ways kids go to court. Uncertainty
is very difficult for kids. They wonder how they will testify in court.
I say it is up to the judge to decide and we won't know until the day we
go to court or maybe the day before that. That is an added stress for the
child. In most cases, it has worked out well. Many of the children have
testified via closed-circuit TV.
Unfortunately, the children missed an extensive
amount of
school for court preparation and court attendance
and this
added to the stress on the children who were
already having
difficulties there.
Marg McDade-Bowers, social worker, Family
and Children's
Services
We also go to see the courtroom, and the child gets to sit in all the
chairs. I do role plays without discussing the evidence, so we talk about
Christmas Day or their birthday and we go through role play as the Crown
Attorney defence, and judge. The kids have a chance to do those roles as
well. ))
DEVELOPING THE CASES: THE CROWN ATTORNEY'S JOB
Crown Attorney Desmond McGarry relates how he developed the cases and
built rapport with the child victims
(( What I tried to do was interview
the children about three times. The first interview builds a rapport with
the child. Sometimes that's easy, sometimes it's hard. It requires being
reasonably up-to-date on the World Wrestling Federation, "My Favourite
Pony," cartoons, all things I don't mind being up-to-date on. Having a
sense of what kids are listening to musically, things like that.
Contrary to what people might think I don't spend a great deal of time
going over and over the evidence because I don't think it's productive.
I dont want children to go into court and tell their story by rote. It's
not effective. The twelve people in the jury will just say that the kid
has been coached.
At the first meeting there is the most gentle lead-in to the sexual
abuse. I try to get them to talk to me about the sexual abuse in the first
interview before we quit so that they know that this is what they are there
for and that it is serious. I also want to establish the vocabulary and
break the ice on a number of issues.
The defense lawyers were very tough in their
cross-examination
and the children were amazingly strong.
Marg McDade-Bowers, social worker, Family
and Children's
Services
This is really important because most of us are brought up to think
that these sorts of things should not be talked about, especially to strangers.
Kids have a vocabulary for body parts that they use with their friends
but have been taught not to say in front of adults. So you have to break
that. And they may have been told many times by the abuser that what went
on was a secret and that bad things would happen if they tell.
The second interview is to go through the evidence. It's important the
children know the types of questions they will be asked. I need to know
the types of answers they're likely to give. We get comfortable talking
about it together because that's what we will be doing in court.
The third interview is usually shortly before the court appearance.
I try to focus on cross-examination and issues around court - what it will
be like, who the judge is and stuff like that. The victim / witness coordinator
does most of that but I like to go over it myself.
When I prepare witnesses for cross-examination, I know the types of
questions that lawyers use that can be confusing for children. I usually
use a hypothetical situation which has nothing to do with the case and
ask them the types of questions which can cause kids trouble. Also, in
my experience kids will say " I don't remember" or "I don't know,"
when they mean "I don't understand". "I don't know" and "I don't understand"
are two very different things for us. We tell them to say, "I don't understand".
The preparation after the preliminary hearing consists of meeting with
the child and building up how well they did. Whether they did well or not
is irrelevant, I want every child I deal with in court to come out feeling
successful. I don't care whether the case is going down the tubes or not,
they have done their part.
I always insist on going over the facts at least once again before the
trial in order to deal with anything that may have arisen in the preliminary
inquiry that may be inconsistent. Other than that I don't make the children
go through the whole process again by rote.
Most of the children went through preliminary inquiries and trials,
so they end up testifying twice. And then there were kids who ended up
giving evidence in three or four different cases - so maybe giving evidence
as many as eight or ten times. If that is the case, going through the first
interview each time is unnecessary.
In cases where the child was involved in more than one trial, you have
to be very careful to explain to the child that he is coming to see you
today about his dad. When he comes to see you next week, it'll be about
his uncle. We try to keep those things separate for them. ))
Helping the Children Heal: The Task of the Treatment Team
Since the target population for the Treatment Team were children and
families involved in the Project Jericho investigation, referrals came
through the child welfare team which had contact with all the sexual abuse
victims. All incoming referrals were reviewed at a weekly meeting of the
Treatment Team. After discussion of the specific needs and skills required
to work with each client, an appropriate therapist was assigned.
In other cases I have been involved with,
the Crown may
see the child for the first time on the day
he or she is
giving evidence. To me, that doesn't
work.
Janet Lee, Victim/Witness Assistance Coordinator
Due to the lack of treatment resources within the community, many of
the children had been assessed a number of times by a variety of professionals.
"Most kids had had three, four, five assessments of one sort or another
in relation to getting ready for court. We had reams of stuff on them,"
recalls psychologist and treatment team member, Susan Meyers.
After going through the files and meeting with the child, family and
other service providers, the therapist would determine the treatment goals
for each child. The Treatment Team employed a variety of techniques and
modes of therapy in an effort to meet these goals. Individual, sibling
and family therapy were all provided, with the majority of clients receiving
some form of individual therapy. Several received joint sibling sessions
to work on specific issues and family therapy was offered to the biological,
foster and adoptive families of some clients.
"Our therapy was designed around developing individual treatment plans
for the kids which were closely related to the plans of care that Family
and Children's Services had as well," says Meyers. 'These kids needed all
sorts of things put in place for them - social skills groups, opportunities
for recreation and drivers to get them to the 32 places they needed to
get to."
The Treatment Team regarded the children they worked with as regular
kids - kids who had survived sexual exploitation and who were in need of
healing - not kids who were "abnormal or incredibly damaged." While psychologist
Susan Meyers says she doesn't have a firm idea whether the children associated
with this case were more traumatized than other sexually abused kids, in
her clinical judgement they weren't. 'There were some kids who had ritualistic
aspects to abuse and some who did not," Meyers says. "But that's probably
the case at any treatment centre."
What made these children different from the norm were the number of
perpetrators involved in their abuse and the links between them. Their
trauma was intensified by the frequency with which they had to change living
situations and appear in court. 'Their issues involved all the different
moves, grieving for people who had been in their lives and weren't any
longer and figuring out whether the could trust anybody or not," says Meyers.
"Also, a lot of the younger kids had developmental lags."
In the natural maturation process, children learn to define their personal
boundaries, negotiate with others and cope with emotions such as anger,
sadness and fear. Their self-esteem is fragile. Children are dependent
on adults for survival and approval, and they learn what's right and wrong
from the trusted authority figures in their lives.
Everyone of us has experiences that shape
the way we are
and what we become. If I fell from a tree
at the age of six
and broke my arm, I may stop climbing trees
or I may
climb them every day to show that it's okay.
It's the
same with a child who has been sexually abused,
that
experience will affect who they are and what
they do in
the future. Our job is to work together
with the child to
shape what the future will be.
Bridget Revell, therapist, Treatment Team
"Sexually abused children don't know what healthy boundaries are,"
explains team member Ruth Campbell-Balagus. "Sexual abuse may be, from
their point of view, the only nurturing they've had, the only way they've
ever received attention. They're taught that this is the way people relate
to each other."
Contrary to popular notions, therapy does not involve an endless discussion
of the actual abuse. "Our goal is not to make them regurgitate every sordid
detail. They don't have the coping mechanisms to deal with it, and they
can be retraumatized or desensitized if they're made to recite events with
no emotions attached," says Bridget Revell.
In order to grow, children need to be able to feel again. For this to
happen, they must be able to communicate their pain and have it acknowledged.
This can be done through play, art and puppet games. "In play therapy,
therapists model behaviour, teaching children how to express feelings,
showing them that they have boundaries and can safely interact with others
without being violated."17
For example, one male child had difficulty with anger. Like many abused
children, he'd control his feelings to the point of not showing any at
all, then small things would provoke temper tantrums. "He'd lose control,"
says Revell, "and later he'd promise he would never get mad again in his
whole life." This is a pattern often seen in abusive men, who beat their
partners in fits of anger, express remorse, promise never to do it again
and are inevitably triggered again. The root cause of this rage is often
some form of childhood violation.
Through play, Revell helped the boy learn how to safely express his
anger, stand up for himself and set boundaries. Revell helped him personalize
his temper. They made friends with his 'Temper Lion" and talked about what
made the temper come out. Revell invented a "Get Mad Quiz Game" which involved
a puppet judge and three puppet contestants on each side answering questions
on what kind of behaviour was appropriate when angry.
"We had the room to be innovative and develop different approaches to
therapy," says Revell. "When you're treating a specialized population of
kids, you may not be able to do things the traditional way. There were
two particular kids who I spent many afternoons with in the summer driving
to places where they had lived in the past. For one kid it was to give
him a sense of his personal history. Prior to foster care he didn't really
have a memory and he was confusing his statements about his previous homes
with his foster homes. I drove him around to the various houses he had
lived in and we took pictures. It took an inordinate amount of time, more
than an hour a week in the office, but it was essential."
Breakthroughs take different forms with different children. Often they
emerge indirectly from some type of play. "Playing in the sandbox or painting
pictures, playing with anatomically correct dolls or talking through hand
puppets - with the child choosing and leading the activity - the therapist
watches for 'the teachable moment,' those spontaneous happenings in which
the children experience a burst of insight that moves them forward."18
Sexual abuse stops children from growing in
certain core
emotional ways. They can't reach out, they're
too afraid.
When the abuse starts, certain aspects of
development stop,
and that's what we had to do in therapy --
find those blocked
places, go back and start over.
Bridget Revell, therapist, Treatment Team
Sometimes the "teachable moment" is a long time in coming. Meyers was
working with a pre-teen of limited intelligence who had been abused since
infancy. He was so habituated to sex that he engaged in sexual activity
indiscriminately, with children or adults of either sex. He had no cognitive
awareness of being a victim. He didn't understand concepts of consent,
violation and power imbalance. "He doesn't see he's hurting kids - because
he
was hurt as a kid. He cut off the part of himself that was victimized.
He can't feel anything apart from the sexual addiction."
Meyers had the demanding task of helping him understand that his behaviour
was inappropriate, not because sexuality was bad, but because it hurt others
when it was acted on without their consent. She was making little progress
until one day the boy arrived at his session upset because another child
had stolen his baseball cards. Pleased that he was finally feeling something,
Meyers comforted him and explained that having his baseball cards taken
without permission was like his father taking his body without permission.
He needed to realize that his father had taken something that belonged
to him and that it was wrong. Understanding that he'd been powerless to
stop the abuse, he could begin to reclaim himself.
The primary goal of therapy is giving the "self" back to the child and
letting them have control of that. 'The essence of many traumas is losing
control," says Bridget Revell. 'This is what healing is all about: being
able to look back and say, yes, I was helpless then, and now I'm safe."19
GOALS OF THE TREATMENT TEAM
1. To provide assessments of victims and their families.
2. To provide therapeutic counselling to victims and their families.
3. To coordinate the case management of children and their families
who were not part of a court-ordered child welfare service.
4. To ensure that all victims identified by the investigation receive
treatment.
5. To ensure that all necessary information between child welfare and
other professionals can be disclosed.
6. To integrate available services to respond to the treatment needs
of children and their families.20
Respect and sensitivity are the cornerstones
of effective
support and counselling.
Woman's Researh Centre
A PROFILE OF CHILDREN IN TREATMENT
Of the 52 children who were in therapy with the Treatment Team, 50% were
living with biological parents at the time of referral, 46% were in foster
care, 2% were in residential treatment and 2% were living independently.
During treatment, the living situation of 60% of the children changed.
Forty-four per cent moved to another living situation, 4% returned to live
with their biological family and 12% changed their place of residence with
their families.
Sixty per cent of the children were actively involved with Family and
Children's Services. At the end of treatment, 38% of these children were
Crown Wards, 12% were temporary wards, and 10% were under supervision orders.
Eighty-one per cent of the children in treatment were involved in the
legal process. Of these, 26% went through family court proceedings, 38%
went through criminal trials and 36% were involved with both.
Criminal court involvement was identified as a major issue for 60% of
the children. Of those, 87% were prepared by the Victim / Witness coordinator
and Crown Attorney. Thirteen per cent were not required to testify. Of
those prepared, 74% did provide testimony. Thirty per cent were required
to testify more than once. 21
An Integrated Healing Model
The treatment model used in this case was one which encompassed the
entire social context of the children involved. The Treatment Team saw
their role as helping to strengthen each child's support system by working
closely with all the important people around the child, in addition to
spending time with them in therapeutic activity
"You have to be involved in the rest of the kid's life," says Ruth Campbell
Balagus. 'They spend most of their time at school and at home, or with
their friends on the street." Children need to be surrounded by people
who know how to help their healing: parents, foster parents, teachers,
friends, volunteers and other professionals.
With that understanding in mind, the Treatment Team placed a great deal
of emphasis on collaborating with the people and agencies that had regular
contact with the child. This took two forms: engaging in consultation and
case coordination, and providing support and education.
Consulting with key individuals promoted regular communication about
many aspects of children's lives and ensured that decisions were consistent,
coordinated and took into account the impact on the child's home life,
school situation, therapy process, court involvements and overall development.
Children need to surrounded by people who
know how to
help their healing: parents, foster parents,
teachers, friends,
volunteers and other professionals.
Providing support and education to individuals caring for and guiding
the children (for example, non-offending parents, foster parents and teachers)
made them more knowledgeable about the emotional and behavioural consequences
of sexual abuse and thus more capable of successfully handling challenging
situations.
Regular contact was maintained between the therapists and the chent's
caregivers. This consisted of communication when the child was brought
in for therapy, telephone contact, frequent visits to foster homes or biological
families, family sessions, and attendance at multi-agency case conferences.
In many cases, visits to foster families and some family sessions were
made jointly by the therapists and the child welfare workers to ensure
a consistent approach.
In cases where Family and Children's Services was involved and consent
for communication had been obtained, there was frequent consultation between
FCS and the Treatment Team. Often, weekly meetings were held between the
therapist and the child welfare worker to provide updates and continue
planning for the client. Telephone contact occurred regularly, sometimes
daily.
The FCS Child and Youth workers were the children's primary workers
and were very familiar with their specific needs. They had extensive contact
with the children, foster parents and schools. They provided parenting
assistance, supervised visits and noted all observations. They organized
recreational opportunities and helped coordinate the children's schedules.
The Treatment Team also attempted to maintain regular contact with the
child's school. In some situations this involved bi-weekly meetings between
the therapist, the child welfare worker and the school. In other instances,
the contact was face-to-face or by telephone as needed. For some children,
regular case conferences were held involving a wide range of players. Meyers
recalls one case in which meetings included the foster parents, the relief
foster parents, the teacher's aid, the teacher, a developmental services
group home which occasionally provided relief, a one-to-one worker from
FCS and herself.
"Getting together every three or four weeks as a team to talk about
the child was really effective," she says. "I could report that his dad
was in court last week and he's concerned about the verdict. The teacher
could pipe up and say that the child had been listening to the radio that
morning and heard talk about his dad, so he was expecting a blow-up around
noon. We would talk about what was in place in case that happened and people
would offer their suggestions. We could arrange that the foster dad be
called to come and pick him up and give him some cool-down time."
Communication with schools was one area where the establishment of a
specialized team was somewhat problematic. Given that the team had been
established to treat sexual abuse, anyone seen as a client of the team
was automaticary identified as being involved in the investigation and
was viewed as being a victim. This differs from situations in which clients
are referred to general children's mental health services and may be there
for a variety of reasons. In the case of children still residing with their
biological families, families often chose not to have the Treatment Team
communicate with the school to avoid being labelled.
Collaboration was the key. We developed relationships
with
the police, with Family and Children's Services,
with the
foster parents and others. The Treatment Team
worked very
closely with child welfare workers and we
could go out
together to the foster homes. That is invaluable
because you
make sure you are focussing on the same goals
and working
towards the same things.
Bridgett Revell, therapist, Treatment Team
The Treatment Team also recognized the importance of volunteers in
a child's life and considered them key members of the team. For one young
client, his volunteer driver was the person who had been with him the longest
in life, says Meyers. 'This man was driving him back and forth three times
a week. These were really important people in our kids' lives because they
spent so much time getting hauled around from here to there and from this
appointment to that appointment."
These dedicated individuals were on the road every day from morning
to night, transporting the children to a myriad of appointments and activities.
The children's schedules often included therapy once a week, family visits
once or twice a week, constant assessments (psychological and court-related),
special assessments, court preparation, as well as attendance at trials
and pre-trials.
The therapists consulted frequently with the personnel involved in both
family and criminal court proceedings. The team worked with the lawyers
and victim / witness preparation worker to explain upcoming court processes
to clients and to prepare them if necessary. The Treatment Team was consulted
regarding specific issues, such as the best way to involve a client in
a court proceeding or explain a court decision to them. They also engaged
in case specific discussion with the police regarding clients as was needed.
On several occasions children were introduced to the police team during
sessions as a way of lessening anxiety or of assisting in preparation for
interviewing.
While collaboration was recognized as vital to effective treatment,
it was considered equally important to ensure that all clients had their
rights to confidentiality respected. This was accomplished by using standardized
Ontario Ministry of Health forms (Consent to the Disclosure, Transmittal
or Examination of a Clinical Record) to obtain consent and share information
between agencies.
"It was hard for people to understand that if two professionals were
talking on a regular basis they could also maintain confidentiality within
bounds they had set," says Pam Gummer. "That was something we all really
worked on with clients. We were very clear with them what we needed their
consent for and what areas would be discussed with other service providers."
Therapy and the Court Process
Some Crown prosecutors and treatment centres seek to delay a child's
therapy until a trial is over in order to avoid defence charges that the
treatment process influences a child's testimony and thus contaminates
the evidence. Because it can take months or years for most cases of sexual
abuse to come to trial, this may result in a long wait to be helped. This
was never considered an option in the Prescott case.
Crown prosecutor McGarry says that delaying or withholding therapy is
never in the best interests of the children, and is questionable from an
ethical point of view. "What we did," says McGarry, "was make sure that
the therapists understood their responsibilities. We relied on them to
be professional enough to be able to recount what happened in therapy if
it became an issue in court and have what they did stand up to scrutiny."
While collaboration was recognized as vital
to effective
treatment, it was considered equally important
to ensure
that all clients had their rights and confidentiality
respected.
Careful documentation was done as a matter of course. The therapists
made detailed notes of everything that happened in therapy. Because some
of the children were in and out of court a number of times, a record of
their progress was important. And because the bulk of therapy does not
involve discussion of the allegations, contaminating evidence was less
of a concern than many people think.
However, incremental disclosures are common with child sexual abuse,
and disclosures during therapy do occur. When this happened, the therapists
stayed focused on their job of dealing with emerging feelings and did not
try to carry out investigations. When a child reported new information
related to the alleged abuse, they promptly notified the investigative
team.
The clear separation of roles within a collaborative framework helped
to keep the process clean, says Susan Meyers. The therapists were not involved
in the investigation in any way. By the time kids came to them, they had
been interviewed by Family and Children's Services and the police.
In a few cases, the Treatment Team was asked to testify in family court
proceedings. Team members occasionally attended criminal trials to provide
support to child witnesses. They also wrote Victim Impact Statements which
were submitted to the courts for the purposes of sentencing convicted offenders.
As for the impact of court on the children's healing, Bridget Revell
says that the main problems were caused by long time frames and delays.
Children who had to wait years for the family court to decide their fate
were often preoccupied with where they were going to live and whether they
were going to see their biological parents again and these concerns hindered
their progress.
With criminal court, children have to keep the information about the
abuse in their mind in a certain way. Having to keep the facts in
the forefront of their mind as a trial approaches, only to be faced with
a postponement and having to dredge them up again months later can affect
children's ability to process the abusive experience and put it behind
them.
Educating the Community
In addition to their clinical work, the Treatment Team felt it was their
responsibifity to provide education to the community on sexual abuse. Targets
included other community professionals, families and the public at large.
The Treatment Team spoke to schools, day care centres, potential adoptive
parents, and the staff of Beechgrove. Bridget Revell recalls one school
in which the Treatment Team spent several hours with the school staff
"talking about sexual abuse, the impact on kids, how it could be approached
and how it could be dealt with."
You have to remember details about how, when,
and how
many times. You need it right there whenever
court happens.
Bridget Revell, therapist, Treatment Team
"One of the things schools need to hear," says Revell, "is that kids
can be treated like normal human beings. We revictimize them if we set
them up as crystal dolls that we can't get too close to or discipline in
the appropriate kinds of ways."
Advisory Committee member Henry De Souza notes that many of the schools
appreciated the fact that they could call the Treatment Team for advice.
"In general schools get information and education on identification," says
De Souza, "but haven't a clue what happens after that - about how to be
supportive of the child and what to do."
Planning for Long-term Treatment Needs
One of the major problems created by the special project status of the
Treatment Team was the question of continuing the children's therapy when
the team disbanded. The Treatment Team was initially funded for a two-year
period (1991-1992) but received an extension to continue its work with
partial funding for a third year.
At the close of 1992, special funding from the Ministry of Community
and Social Services for the child welfare component of the investigation
ceased and the Child Abuse Project came to an end. Although the police
investigation carried on, the child protection workers were brought back
to the Brockville office of Family and Children's Services and only Pam
Gummer remained on the investigation part-time.
At the same time, the therapists were also moved to the Brockville office
of Family and Children's Services where they continued to provide treatment.
Because the Prescott Child Sexual Abuse Advisory Committee had also disbanded
by this time, the team's reporting body was switched to the Children's
Services Advisory Group (CSAG), the group responsible for local children's
mental health services.
Soon after beginning their third year, the Treatment Team started to
plan for its termination. This was jointly facilitated by the Ministry
and the CSAG. In May of 1993, all the relevant community agencies met with
the Treatment Team to discuss how clients still requiring treatment would
continue to receive services in the community.
Because of the nature of sexual abuse, certain issues arise at certain
stages in a child's life. Children who are doing well at one point can
be anticipated to need therapy as they mature and experience new situations
and feelings. The issues for a five-year-old are different than for a child
at puberty or for a young adult.
"Kids who had been victims of the kind of abuse that occurred in this
case have long-term needs which require a long-term planning approach,"
says Rob Richards, the program supervisor from the Ministry of Community
and Social Services who presided over the winding down of the project.
"Special project status is not something that is likely to go on forever
so you can anticipate and improve your case planning. That obviously requires
effort on the part of both the project and of the potential receiving agents
for their cases."
This is what healing is all about: being able
to look back
and say, yes, I was helpless then, and now
I'm safe.
Bridget Revell, therapist, Treatment team
The transfer process was complicated by the fact that most community
agencies were facing long waiting lists and an overwhelming demand for
services. 'There was a lot of wrangling," says Meyers. 'Those of us who
knew those little faces and had a relationship with those little faces,
were coming to these people who had waiting lists saying we want something
here for these kids and it has to happen. They were saying: well we have
these numbers. There was a big gulf there."
"One contentious issue was intensity," explains Richards. "When you
have a purpose-built project, the level of intensity for each case can
be set across a relatively limited number of kids and families. When you
try to maintain that intensity in the context where there is more staff
but many more people to be served, it becomes awkward. There is a conflicting
priority to resolve."
The controversial question of whether the children involved in Project
Jericho had been given more immediate, long-term and collaborative service
than other sexually abused children in the area (a so-called "cadillac
service') and, if so, whether this was justified, was debated again during
the discussion about the transfer of cases. Because resources were limited,
some agency personnel felt that it was unfair to allow these children to
hop over other equally needy children already on waiting lists.
Agencies did agree to continue the treatment of Project Jericho children
without interruption. Profiles of each client were drawn up, along with
the treatment skills required and sent to the prospective agencies. Once
therapists were assigned, case conferences were set up to discuss the needs
of each child to be transferred.
Strengthening the Foster Care System
Many of the children involved in the investigation were in foster care
at one point or another during their time with the Treatment Team. Thirty-eight
per cent were Crown Wards by the time the Treatment Team wound up. The
courts had terminated the legal rights of their parents and had made the
province of Ontario their legal guardian through Family and Children's
Services.
Those who are not adopted will live in a succession of foster homes
until they are old enough to graduate from the system. The therapists say
that constant upheavals and resulting insecurity can leave as many, if
not more, emotional scars as the abuse that led to the child being removed
from the home. 'Two of my kids were more traumatized by the foster care
system than they were their abusive homes," says Ruth Campbell-Balagus.
"One of my clients is her fifth foster home in two years. Her problems
were increasing, and it wasn't because she was dealing with sexual abuse.
Her biggest goal in therapy was dealing with separation and loss, from
her biological family, from foster home to foster home."
The foster care system wasn't prepared for
all these kids.
You can never recruit in advance.
Rocci Pagnello, supervisor, Child Abuse
Project, Family
and Children's Services
While many children in foster care have problems stemming from early
life experiences, sexually abused children often have needs which require
special knowledge and skills on the part of caregivers. They are not always
easy to live with or help. They may act out in certain ways that untrained
people, as caring and well-intentioned as they may be, are ill-equipped
to handle. "What would happen," says social worker Maureen McDougall, "is
that foster families would become so frustrated dealing with these kids
that the homes would break down."
One foster father tells of trying to cope with a young boy who could
not express his anger appropriately. It emerged through verbal and physical
threats, rampaging his bedroom, urinating in comers and messing himself.
The family had two young girls of their own. The placement finally collapsed
because they felt the sacrifice and risks were too much to bear.
All the therapists strongly believe that a stable, nurturing home environment
does more in the long run to help a child heal than hours of therapy. The
choice was clear, says Meyers. "We could talk in therapy about how the
kids felt about being moved to their third foster home or we could put
the time into helping the first foster parents prevent the breakdown."
One of the ways the Treatment Team tried to prevent breakdowns was by
working with Family and Children's Services to offer a foster parent support
group. The group met twice a month over a six-month period and was designed
to assist foster families understand issues specific to caring for sexually
abused children. Family and Chfldren's Services also arranged a number
of workshops for foster parents, including the workshop designed by the
Institute on the Prevention of Child Abuse called "Fostering the Abused
Child."
Some were also offered family therapy to work through issues that were
interfering with their capacity to care for the child. Bridget Revell says
that the foster care support workers employed by child welfare agencies
should be trained to provide therapy and advise parents on how to manage
children with serious behavioural problems arising from sexual abuse, without
placing undue stress on the foster family. Unfortunately the large caseloads
of these workers often make this very difficult.
There is a consensus among workers that while more resources are needed
to enhance the foster care system and support to foster parents in general,
this was particularly needed in the Prescott case. The large numbers of
children coming into care at the same time strained the already limited
foster care resources in Leeds and Grenville.
Rocci Pagnello says that, in retrospect, Family and Children's Services
should have responded more swiftly by putting new staff into foster care
support and recruitment. Long-term placement planning must also begin without
delay once Crown wardship is awarded. But it was often difficult to find
adoptive placements for some of the kids who had very special needs, says
Jennifer Blishen. "You need therapeutic homes for these children and there
just weren't that many of them. You have to be a very special person to
cope with that kind of behaviour."
Selecting the children's placements raised significant questions, says
Blishen. "Do you place these kids as adoptive children into the community
where they are going to see their natural parents walking up and down the
street? How will that impact on them? On their adoptive families? So you
try to place them outside the area."
It's important to look at the foster care
system and support it.
It's integral to build cargivers' support
into any program
dealing with children who have experienced
or been exposed
to any form of family violence or abuse.
Bridget Revell, therapist, Treatment Team
These and other foster care issues must be given careful thought in
all cases where children must be removed from their homes. There are a
range of issues that are unique to an MVMO investigation of this type,
however. These include the need to place non-sibling groups in separate
settings to reduce the potential for contamination of evidence and to advise
foster parents to keep daily logs of children's behaviour and disclosures
while refraining from questioning them about allegations.
Because of the court process, Family and Children's Services had to
be cautious about what the foster family was told about the abuse allegations.
"As much as possible we like to give all the information to the parents
about what the kid has been through," says Maureen McDougall. "But from
the criminal perspective, we didn't want to suggest that we had given all
this information to the foster parents and that we were feeding or planting
these ideas. So they were given very little information about the children,
however they were asked to keep daily logs." Contact between foster parents
caring for children involved in the same case had to be limited for the
same reasons.
Managing a Multi-victim, Multi-offender Child Welfare Investigation
Managing the child welfare end of this complex and high profile MVMO
investigation was a demanding and difficult task for which there were no
guidelines. The need for good management is an essential, yet often overlooked
aspect of such a case, says Child Abuse Project supervisor, Rocci Pagnello.
He shares his insights about protecting the quality of service and minimizing
the negative impacts of external forces in an article entitled "Managing
in a Child Welfare Fishbowl". 22
Normally, most people have little interest in the work of the local
child protection agency, says Pagnello. However, a case that attracts the
kind of media attention that Prescott did tends to bring individuals, organizations
and special interest groups out of the woodwork offering a wide range of
recommendations and criticisms. Pagnello compares working in this context
to "a glass fishbowl where all of our actions seem to be scrutinized and
analyzed intensively from every angle and direction."
After the story broke in the press, Family and Children's Services was
at the centre of numerous forces, or pressure points that tended to push
and pull from different angles. Sometimes they were diametrically opposed,
Pagnello says, such in the case of counsel for an alleged perpetrator and
the Crown Attorney. At other times, pressure comes from different sources
pulling in the same direction. "For example, foster parents, natural parents
and therapists can all resist the need for young children to testify in
criminal court."
Crisis Management Golden Rule # 1 - There
will be a crisis.
Bart Mindszenthy
Within external forces, Pagneflo identified two distinct types - the
"buzzards" and the "wise
owls.'"He explains: "the people called buzzards wanted a piece
of the action when we hadn't asked for their assistance. Some came down
with a hidden agenda that caused my staff a great deal of stress. Others
that we called upon - the wise owls - were extremely helpful."
Buzzards are those who see the case "primarily as a way to enhance their
own position by capitalizing on the media attention for their own career
or organization, to benefit financially from the resources allocated to
the case, and to enhance or advance their political or philosophical position."
In contrast, the wise owl is "the pensive, thoughtful sage and giver
of insightful advice and guidance who rests in his tree waiting for queries
to come his way. Rather than gravitating to the investigation, more often
they need to be sought out. They generally have a proven track record of
solid work in the field and a professional reputation in their particular
area of expertise."
One key function for management is to shield front-line staff from all
pressure which detracts from the provision of critical services while seeking
out the assistance of those who can help workers do their jobs. The vehicle
for this was the management "buffer zone," says Pagnello.
This buffer zone surrounds the front-line staff and supervisors and
keeps them from getting bogged down by red tape and the numerous political,
funding and media issues. "From our experience," states Pagnello, "it is
critical that roles, responsibilities, communication lines and the decision-making
process be defined and delineated early in the process so that everyone
involved in the buffer zone clearly understands each other's job and which
issues will be buffered by whom. If management does not do an effective
job here, staff will likely not be able to perform at the level required."
Source: R. Pagnello (June 1992)
In the working model of the buffer zone that evolved over time, the
agency director was responsible for media contact as well as liaison with
the Board of Directors and the Ministry of Community and Social Services.
The director of services was responsible for the risk management process,
service planning and the abuse verification process. The supervisor/manager
took care of community liaison via the Prescott Child Sexual Abuse Advisory
Committee, intake, staffing, ministry updates and the documentation system.
The project coordinator handled direct staff supervision, family and criminal
court, coordination with police, Crown and witness preparation staff, and
assessment liaison with treatment services.
This management response should take into account the need for self-analysis
so that it can adapt as needed, says Pagnello. 'The effective manager is
constantly on the lookott for gaps in services and in this case, holes
in the buffering process that can gradually or suddenly be created as the
project changes." There are numerous special staff issues that may have
to be dealt with by management during an MVMO investigation. These can
include the over-identification of team members with the case, the stress
on team members and the possibility of other staff becoming resentful of
the "special team."
Given the intense focus of their work over an extended period of time,
and given the horrendous acts perpetrated on vulnerable children with whom
they work daily, professionals assigned to these cases may suffer at a
personal level. Some of the problems may include: weight gain and loss,
insomnia, somatic complaints, increased use of alcohol and prescription
drugs, heightened anxiety levels, intrusion on family life and friendships
and an inability to separate from the situation even while away from work.
When you're being scutinized you've got to
have your T's
crossed and your I's dotted. That's the best
protection.
Our staff was highly qualified. Not only were
they very
good at investigation, but also at accountability.
David Devlin, Assistant Director, Family
and Children's Services
"Anyone working intensively with this kind of disturbing, devastating
and abnormal kind of behaviour and information has to be impacted significantly,"
asserts Pagnello. 'The long hours, the scrutiny from outside, the constant
reminder of the inhumane abuse of vulnerable children by their caretakers
can take a toll over time."
In addition, the special project created barriers between the team and
the rest of the agency staff. "At the beginning of the project," says Maureen
McDougall, 'the secrecy set us apart from the rest of the staff because
we weren't allowed to talk about the case." There was also some resentment
that this group was privileged over others because they had more resources,
lower caseloads and more cooperation. "To a lot of our colleagues it appeared
that we were 'prima donnas", says McDougall. The members of the Treatment
Team had a similar experience.
As a result, relationships that became strained had to be rebuilt afterwards.
"You find yourselves as a group closing in and getting real tight," says
Pam Gummer, "isolating yourselves away from the hurt and the pain of your
colleagues who you feel should be supporting you. "
Management must provide staff with solid support, says Pagnello, without
taking on the function of therapist. There are many concrete things that
management can do. Helping each staff member answer the following four
questions in a direct and encouraging manner can provide a great deal of
security: What is my job? How am I doing? How can I do better? What's in
it for me? A structured system for team decision-making around critical
decisions makes staff feel they are not alone in the difficult issues they
face on a regular basis. Management should also make confidential counselling
services available to staff.
Another major role for management is to plan for the successful dismantling
of the special team and the integration of the knowledge, experience and
staff into existing structures. The team was given little notice that they
were to be moved out of Prescott and back to the agency's main office in
Brockville. Given that the front-line workers had been centrally involved
in decision making throughout the entire case, some staff were puzzled
at their exclusion from decisions about what was to happen at the end.
Recalls Maureen McDougall: "All of a sudden it came down to the wind-up
stage and everyone was saying what a success it was. Then an arbitrary
decision was made without seeking any input from us, and that was it. I
don't think there was a lot of recognition for the team and what was going
to happen to that team after it was disbanded."
The emotional impact of hearing all these
horrific disclosures
was really heart-wrenching.
Pam Gummer, team leader, Child Abuse Project,
Family and
Children's Services
In light of the complexity of these cases, different parts of the investigation,
prosecution and treatment may be at different stages at any given time.
This means that staff may be phased out of the special team at different
times. It is important to ensure management and front-line personnel are
aware of these stages and that they understand the implications for their
work. Staff who have invested much of their time and commitment as part
of the team may feel a keen sense of loss. It is important to provide assistance
to them.
Meeting The Special Needs Of The Developmentally Handicapped
The fact that many of the individuals involved in the case had developmental
handicaps presented the investigation, prosecution
and treatment teams with an array of challenges. Because few professionals
had experience working with this group, they drew heavily on the expertise
of two community agencies, Developmental Services and Adult Protective
Services (APS). Throughout the case, the ongoing and close collaboration
between the front-line workers and these agencies helped to ensure that
both the victims and perpetrators with developmental delays were given
the special support and fair treatment they deserved.
It was clear that adults with cognitive limitations couldn't be treated
as children during the court process, says Janet Lee, Victim/Witness Assistance
Coordinator. Working in concert with Developmental Services or APS helped
to ensure that their adult status was respected. In some cases, the client
was already linked into these services. When they weren't, she would make
a referral.
'These services make sure the person gets to appointments, transports
them, makes sure they are there for court, or for appointments with me
and the Crown," says Janet Lee. She also found them invaluable in providing
insights about clients that helped in preparing them for court.
Being told about a client's particular fears made it easier to be particularly
sensitive in those areas. "Some are extremely fearful of people with loud
voices," she says, "so I really tried to explain why people may need to
talk a bit louder in court. You try to give them very practical tips, knowledge
and information so they don't misunderstand their environment and what
is going on."
In addition to providing regular consultation, Developmental Services
set up special training sessions for those involved in the investigation
and prosecution. These sessions imparted information useful for interviewing
developmentally delayed individuals and determining witness credibility.
An effective multi-victim, multi-offender
investigation
requires a comprehensive strategy, thoroughness
and
superior organization and management.
While Lee learned a great deal from working with adults with developmental
handicaps, she was disconcerted to realize "how disempowered and compliant
they are. They're so eager to please, to go along with anything and everything.
Basically they have been socialized to be perfect victims."
WHAT TO DO:
TO HANDLE A JOINT CHILD WELFARE / POLICE INVESTIGATION AND CRIMINAL
PROSECUTION
There is much that is unique about a multi-victim, multi-offender case
of child sexual abuse. Such a case requires different strategies and approaches
than do individual cases. What is vital to the success of both, however,
is excellent collaboration and coordination between professionals, community
agencies and service systems. In addition, an effective multi-victim, multioffender
investigation requires a comprehensive strategy, thoroughness and superior
organization and management.
The distinctive characteristics and special challenges of a complex
MVMO case create a greater need for:
* understanding and respect for the roles of different professionals/
agencies
* clear procedures and protocols followed by all parties
* open lines of ongoing communication between involved agencies/ parties
* government involvement to ensure agency cooperation
* shared philosophical understanding of child sexual abuse.
SUMMARY:
Emergency/Crisis Response
If you have not already done so, you will need to develop:
* A crisis plan including a communications plan
* A designated crisis response team
* Interagency protocols
* A mission statement
Start Up Stage
* Determine the structure of the front-line investigative team and determine
supervisory staff and identify a lead case manager * Determine a site for
the location of team members
* Ensure that there is a process to coordinate the individual case
planning mechanisms of each agency involved
* Establish and implement a compliance review mechanism
* Determine special technical aspects which the investigation may require
* Determine special service requirements
* Have in place expanded and enhanced placement resources and be prepared
for specialized foster and adoption placements * Build a mechanism to deal
with the high stress which will impact on team members
We made a very clear decision early on to
put the kids
first in everything we did.
Desmond McGarry, Crown Attorney
Maintenance Stage
* Ensure that protocols are flexible enough to meet the challenges of
change
*Ensure structured and regular team meetings
*Ensure regular meetings with provincial representatives to ensure
that the needs related to the complexity of the case are known to government
authorities
*Ensure that relevant information is shared among team members while
adhering to any laws regarding confidentiality
*Deal with special staff issues as they arise
Winding Down Stage
* once the investigation is completed, it will be necessary to "return
to normal." Planning carefully for the dismantling of special teams should
be done as early as possible.
ACTION:
Start Up Stage
When you suspect that a case may be a complex one which involves many
victims and perpetrators, the following actions should be taken:
1. Involve the appropriate provincial ministries immediately for purposes
of financial and technical support.
2. Identify any conflicts of interest which the pending investigation
may involve.
3. Determine a site for the location of investigative, child welfare
and treatment team members.
4. Determine any supervisory staff and identify a lead case manager.
Ensure that there is a process to coordinate the individual case planning
mechanisms of each agency involved.
5. Determine the structure of the front-line investigative team, including
number of staff, expertise and the appropriate time frame needed to carry
out the investigation. Staff assigned to an MVMO case should be relieved
of regular duties. Caseloads within the investigation should not exceed
15 - 20. In these kinds of complex cases, the time frame will generally
expand as more information is revealed, thus it is important to build in
flexibility.
6. Build the front-line investigative team, including child
protection staff and counsel, police, Crown and victim /witness staff.
Ensure that these people are relieved of other responsibilities and that
there is adequate supervision.
7. Identify medical and psychological needs and the appropriate personnel
to provide services. Ensure that the assessments are carried out by professionals
who can be qualified as experts at any subsequent court hearing and who
will, if necessary, be in a position to address the issue of the child's
credibility.
8. Build the rest of the team: eg. treatment, prevention and education
and ensure that it is in a position to work closely with the investigative
team.
9. Clearly identify the roles, responsibilities, decision-making process
and communications lines of all participants.
10. Identify the training needs and implement necessary training sessions
using the experience and expertise of other communities, professionals
and organizations.
What was unique about Prescott is not that
the abuse took
place, but that it was exposed and acted on
in a concerted way.
11. Establish and implement a compliance review mechanism to ensure
compliance with all legislation, regulations, standards and directives.
Have in place a system which will flag inconsistencies and a mechanism
to work these out.
12. Use a mission statement which places top priority on the protection
and best interests of the children as a "rallying point" on an ongoing
basis.
13. Establish clear, enforceable communication lines between involved
agencies on a "need-to-know" basis which respects confidentiality while,
at the same time, ensuring that appropriate information is shared.
14. Determine special technical aspects which the investigation may
require, including: computerization and networking of information; videotaping
facilities; development of charts to keep track of emerging network of
victims and perpetrators and special court facilities such as closed circuit
television.
15. Determine any special service requirements which may be needed
such as volunteer drivers, or expanded and enhanced after-hours services.
16. Have in place expanded and enhanced placement resources. It is
critical to ensure that your placement resources are adequate and appropriate
to the heavy demands that will be placed on them. Be prepared for specialized
foster and adoption placements.
17. Build a mechanism to deal with the high stress which will impact
on team members.
18. The initial phase of the investigation should consist of assessing
risk to the children currently in the care, custody or control of alleged
perpetrators. This assessment is crucial in determining how many children
may have been victimized or who may have witnessed the abuse of others.
Management Issues
1. Be prepared for the challenges of managing in a fishbowl. It's
management's job to deal with external forces that may impact on the work
of the front-line team, benevolently or otherwise. The impact often pushes
and pulls from different angles, some of which are diametrically opposed
. Put in place a management buffer zone to protect front-line staff and
supervisors from getting bogged down by red tape and peripheral political,
funding and media issues. From our experience, it is vital that roles,
responsibilities, communication lines and the decision-making process be
defined and delineated early in the process so that everyone involved in
the buffer zone clearly understands each other's job and which issues will
be buffered by whom. If management does not do an effective job here, staff
will likely not be able to perform at the level required.
2. Management can and should do many concrete things to support staff.
For example, each staff person should know: 1) What is my job? 2) How am
I doing? 3) What can I do to do better? 4) What's in it for me? This can
only happen through regular, consistent supervision tailored to the worker's
level of functioning and needs. A structured system for team decision making
around critical decisions makes staff feel they are not alone in the difficult
issues they face on a regular basis. Management strategies that promote
consultation, information-sharing and collaborative decision making are
likely to be most effective.
A structured system for team decision making
around
critical decisions makes staff feel they are
not alone
in the difficult issues they face on a regular
basis
3. Management should be prepared for dealing with staff issues such
as: overidentification of team members with the case; the perception that
the case will continue forever; the high possibility of stress among team
members; the possibility of other staff becoming resentful of the "special
team" and the need to process these feelings. Regular supervision, opportunities
to debrief and individual counselling must be made available for staff.
lnvestigation Issues
1. Ritual abuse: The important thing for the investigator to determine
is whether practices such as satanism, which in and of themselves are not
offences, corroborate abuse, which is an offence.
2. Characteristics of a thorough investigation include efforts to gather
physical evidence, medical evidence, psychological and family court assessments,
and statements from the children.
3. You will need a comprehensive interviewing strategy for MVMO cases
with an intergenerational aspect to avoid contaminating the evidence. These
cases can involve many, many children, some of whom may be very young,
and some of whom may only have peripheral association with the situation.
Interviewing these children requires skill, speed and thoroughness. All
potential victims must be interviewed as quickly as possible, by interviewers
who understand and can communicate with young children. As in any investigation,
the interviewer must remain objective, as well as compassionate, despite
hearing horrendous stories as the investigation proceeds. Care must be
taken not to make assumptions or lead the child, particularly when the
story seems similar to one already related. Care must also be taken to
ensure the children do not discuss the facts among themselves.
4. Mutual full disclosure and sharing of all relevant information between
police and the child protection agency should be ongoing.
5. All information should be documented at the time it is received.
6. Roles within the investigative team should be kept clear. For example,
child protection workers should not interview alleged perpetrators or non-offending
clients.
7. Police and child protection agencies should conduct thorough background
checks of all suspects, victims and custodians of victims in order to create
a background profile of the above individuals.
Minimizing Victim/Witness Trauma
1. Try to reduce delays in court proceedings. Because of the potentially
large number of victims, witnesses and offenders, long court proceedings
and delays in the process are often experienced. These delays can impact
negatively on children and may result in the suspension of permanent planning
pending the outcome of the protection proceedings. Courts are encouraged
to take whatever measures are necessary to expedite both criminal and protection
proceedings where children are involved to avoid adding further to the
abuse they may have suffered.
2. Appropriate strategies will need to be devised if there are witnesses
who are also to be prosecuted.
Courts are encouraged to take whatever measures
are
necessary to expedite both criminal and protection
proceedings
where children are involved to avoid adding
further to the
abuse they may have suffered.
3. Court preparation is a key aspect of any child abuse prosecution.
Recent research shows that children who are prepared for the court process
feel much more comfortable giving testimony than those who are not, and
their testimony can, as a result, be more credible. However, multi-victim,
multi-offender cases can present unique problems to the victim/witness
assistance coordinator. The potentially large number of child victims can
create logistical problems, and the fact that most of the child victims
will know each other compounds the problem of contamination.
Child Welfare Issues
1. Special placement issues involved in the ongoing investigation
will have to be dealt with as they axise. Such issues may include: placing
non-sibling groups in separate settings to reduce contamination of evidence;
advising foster parents to keep daily logs of the child's behaviours and
disclosures while, at the same time, directing these parents not to question
the child specifically about any allegations; ensuring that foster parents
who are caring for children involved in the same case do not meet in the
same support group; providing extra support to foster parents in the form
of time off, additional funds, the opportunity to discuss the problematic
behaviours of the children as well as their own feelings etc. with an objective
professional.
2. Provide foster parents with instructions on how to document the child's
behaviour or specific disclosures on a daily basis. They should be cautioned
against interviewing the child or investigating the disclosure.
3. As children are made Crown Wards by court order, ensure that long-term
placement planning has taken place in order to provide, without delay,
the security and stability of a permanent family setting.
Winding Down
1. Ensure that management and front-line staff are aware of the
stages of the case and understand the implications for their work. Staff
who have invested much of their time and commitment as part of the team
may feel a keen sense of loss when the project is over. It will be important
to provide assistance to them.
2. In dismantling the team, plan for possible repercussions for staff
and how the knowledge, experience and staff can be integrated back into
existing structures. Allow the staff involved to have input at this stage.
3. As the case winds down, it is important to ensure that a high level
of service is maintained for all cases of child abuse, whether complex
or not. It is also vital to build on the skills and knowledge gained throughout
the process, and ensure that all those involved in the protection and safety
of children have access to these leamings.23
WHAT TO DO:
TO PROVIDE TREATMENT AND SUPPORT
SUMMARY:
· Determine needs of all target groups and assess available
resources
· ldenfify or set up teams/committees to provide/coordinate/advocate
for needed services
· Define goals and priorities
· Devise strategies for achieving goals
ACTION:
1. Don't delay the treatment of child victims until an investigation
is completed. This tendency can stem from a reluctance to be involved in
the court process or fear of charges that treatment will contaminate the
evidence. Such charges are more likely when a case involves many victims
that know each other. However, with proper training, therapists can earn
to keep the focus off the evidence and on the feelings of the child. It
can be very difficult to control contamination of evidence of a group of
children known to each other and thus group therapy sessions should be
used with caution in such cases.
In most case, recovery is possible -- if the
secret can be told
and the survivor supported. The therapeutic
process is about
opening to the truth, understanding the imprint
of childhood
trauma and going through the pain.
Judy Steed
2. Careful documentation is critical when many children are involved
in the same abuse situation, particularly if the matter is yet to be heard
in court. Moreover, as some of the children may be in and out of court
a number of times, a record of their progress will be important.
3. Incremental disclosures are common with child abuse, particularly
child sexual abuse, and disclosures do occur during therapy It is important
for the therapist, while dealing with emerging feelings, not to carry out
an investigation but to notify the investigative team if the child reports
new information related to the alleged abuse.
4. It is important to make training opportunities available to foster
parents, volunteers, teachers, child care workers, recreational leaders
and others involved in the day-to-day lives of the victimized children
and families.
5. To be effective, treatment requires an integrated approach in which
attention is paid to strengthening the entire support system around the
child. Find ways to give support and information to teachers and other
key people involved on a regular basis with victimized children.
6. Child victims of abuse have long-term needs which require a long-term
planning approach. Treatment will likely be needed past the investigation.
The end of a special project should be factored into case planning and
requires effort on the part of both the project and the potential receiving
agents for their cases. If a treatment team has been formed specifically
to deal with an MVMO case and it is to be disbanded once the investigation
is completed, it will be important to ensure continuity for the children.
This may mean maintaining the treatment workers within the agency structure,
ensuring the children remain with their therapists within the community
or transferring them to other community therapists.
Victims of child sexual abuse need a full
range of effective
and supportive treatment services. The need
begans when
children are seen to be "at risk" and continues
long after
the disclosure, soemtimes throughout life.
Rix Rogers
NOTES
1. In 1992, the Kingston
Area Office of the Ministry of Community and Social Services initiated
a process to simplify and improve the complex network of children's services
throughout its six-county jurisdiction. In Leeds-Grenville, the process,
led by the Children's Services Advisory Group, has resulted in a recommendation
to consolidate the six agencies currently funded by the Ministry of Community
and Social Services. Approval of the project recommendations would mean
that a single, unified agency would be responsible for delivering the full
range of child welfare, children's mental health, and community and youth
support services and programs.
2. "Prescott Sexual Abuse Assessment, Treatment
and Prevention Services for Leeds and Grenville." Proposal, April 13, 1990,
p.2.
3. The Ministry's position was backed by
Ross Dawson, a consultant asked by the Ministry to evaluate the committee's
proposal. He recommended against a "comprehensive, permanent counties-wide
approach" in favour of "immediate assistance to identified children and
their families arising from the Prescott situation." "Prescott Sexual Abuse
Assessment, Treatment and Prevention Services: Proposal Evaluation," Ross
Dawson, Director of Training, IPCA, p. 12.
4. 7he Ottawa Sun, March 7,1990.
5. The Brockville Recorder and Times,
March
10, 1990.
6. Bruce Hayes, "Exploitation," 7he
Prescott Journal, February 21, 1990
7. 7he Kingston Whig-Standard, January
23, 1991.
8. Maclean's Magazine, March 26,
1990.
9. 7he Ottawa Citizen, January 23,
1991.
10. The Brockville Recorder and Times,
June
1, 1990.
11. Recorder and Times, January
24, 1991.
12. 7he Ottawa Citizen, March 10,
1990.
13. 7he Ottawa Sun, September 8,
1991.
14. Jennifer Blishen is now a Provincial
Court judge in Ottawa.
15. Unfortunately, the police were not
available for interview while this handbook was being researched and written.
As a result, the information contained in this section does not reflect
what they learned about investigating a multi-victim, multi-offender child
sexual abuse case. They will speak publicly once all the cases have gone
through the courts.
16. Judy Steed, Our Little Secret: Confronting
Child Sexual Abuse (Toronto: Random House), P. 119.
17. Steed, Our Little Secret, P.
135.
18. Steed, Our Little Secret, p.
137.
19. Some material in this section has been
adapted from the chapter 'The Path to Healing" in Our Little Secret,
by
Judy Steed, pp. 131-141.
20. Julian Roberts, Responding to Child
Sexual Abuse: The Prescott Experience, A Final Report on the Prescott
Child Sexual Abuse Project (Brockville: Children's Services Advisory Committee,
1993), p. 3.
21. Roberts, Responding to Child Sexual
Abuse, pp. 13-14.
22. Rocci Pagnello, "Managing in a Child
Welfare Fishbowl", Unpublished article, June 1992. Available from Rocci
Pagnello at Family and Children's Services, 438 Laurier Blvd, Brockville,
Ontario, K6V 6C5. Telephone: 613-498-2100.
23. Many of the suggestions in this section
have been drawn from IPCA's
Dealing with Multi-Victim, Multi-OffenderChild
Abuse Cases,
Final Report of a Two-Day Consultation, 1992. This in
turn was partly based on the work of Rocci Pagnello, Pam Gummer and Jennifer
Blishen.
QUOTES Page 50 - The Brockville Recorder and Times, October
4, 1990.
Page
53-Robin Morris, ThePrescottjournal ,March l4,1990.
Page56-Rix Rogers, Reaching for Solutions.TheReport of the Special Advisor
to the Minister of National Health
and
Welfare on Child Sexual Abuse in Canada (Ottawa: Department of Supply
and Services Canada, 1990)
p. 51.
Page 57 - The Brockville Recorder and Times, December 19, 1994.
Page 58 - The Brockville Recorder and Times, December 19, 1994.
Page 64 - The Brockville Recorder and Times, December 10, 1990.
Page 73 - Recollecting Our Lives: Women's Experience of Childhood Sexual
Abuse (Vancouver Press Gang 1989) p.240.
Page 81 - 'Preparation and Process: Key Factors in Successful Crisis Management'
(Toronto: C.I.L. Canada)
Page 91 - Rix Rogers, Reaching for Solutions, p. 85.
Lessons From Prescott - Section II.....
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