No attorney for child's interview?

[colleenkittleson]

My husband was accused of abuse. He hired his own attorney, then I hired and attorney for one of my children (5 years old, almost in school) who is supposedy invloved--but there is no way, we have been married decades and this is some hate-prank . We got to the interview schedule process and I am told my child cannot have her attorney present during questioning, and he cannot videotape. The attorney is fighting this and seems a little confused. Does anyone know the law? We have been telling our child "answer whatever the lawyer says it's OK to answer".

[mommyx3b]

I know that recently I was told that having my lawyer present was a violation of my privacy, because they didn't know how to do things legaly. so I am guessing here, but it sounds like they probably made it up. Especialy if they have never conducted an interview with a lawyer present.

[LindaJM]

Your child has the right to request that his attorney be present at any CPS interview. I think the worker isn't accustomed to this and so is lying to try to get around it. Your child can also request that his parents be present during interviews with CPS workers.

Also there's no reason not to videotape. If the CPS worker insists that attorneys and video equipment not be present, politely ask her to provide a copy of the law preventing it.

[colleenkittleson]

Like NOT in their office, which my attorney seems to say is OK. After reading here I would prefer either the attorney's or a rented meeting room. The lawyer says gaining his presence with the child is "contentious". I read around here that they are supposed to video/audio tape but don't always do it...even the lawyer insisted on this. But we wanted a record for ourselves to prevent monkey business. I am hearing something along the lines of "the parents' lawyer is hired by them and they are suspect to some degree" as the reason for resistance.

Where does it say the child CAN INSIST, because that's what she's trained to do? Or is that 4th amendment or something (pardon my ignorance)?

[Momoffor]

In VA they are supposed to audio or video record the interviews with children. When I called the investigator out on lies and requested to see/hear the tapes they are required to do, I was told they didnt exist, and (SHOCKER) it was blamed on 'lack of funds' for the reason why it wasnt done. It was brushed under the rug and still left up to me to prove the worker lied about what my children said. (Yet my children couldnt be called as witnesses) go figure.....

What are the laws in your state for videotaping/audio recording?

My kids now carry around their ipods and I have told/shown them how to record things themselves secretly (completely legal of course).

[colleenkittleson]

both parties in my state. My kid has her own video
camera and knows how to use it. I just don't want some
authority figure to seize it or convince her to put it away
or she'll never see us again or something.

Why is there any point of negotiation here? My child has been
taught that counsel is her right. I understand "police trickery" as on Law and Order. What I don't understand is why they would refuse an audience with child/counsel in advance for an interview.

What happens when a child simply refuses to talk without a lawyer? Do they label her brainwashed put her in a mental hospital?

[kelz03103]

we are all getting educated and smarter about these things, their own cps pamphlet states u can have an attorney present during questioning , theres 2 things ,one they refuse to allow that children are Us citizens and have a RIGHT to an attorney period , they only acknowlege a childs rights when it is convienient for THEM. a child IS A PERSON. Also a lot of workers have no idea what to do with educated people and cannot figure out why their training does not cover what to do when a person insists that their rights under the constitution be upheld , they want us to waive our rights so they can do their job. make their job harder, stand your ground , and if they cannot point out the law that says their way is correct , show them YOURS. we have a new trend here the cps workers bring officers on almost every call . these officers coerse and intimidate their way into your home more easily , also 100% illegally. I had a worker and an officer telling me how they had to come in to check onthe safety , not a valid reason for a warrantless search sorry, the children were outside my front door , and I said there they are . They need a warrant period. i got off topic a little , there are recording laws in each state , however any person , including a child I am almost sure has a right to tape themselves , I would NEVER ever allow any interview without a recording . The only way i would give in is if i had a COURT ORDER from a JUDGE saying not to record , and even then i would appeal it , also how is a lawyer an invasion of privacy but a questioning worker is not?? , hope all turns out well , keep fighting , let us know . ~Kelz~

[LindaJM]

You can record in a government building - that is a public place. But be careful not to video their files on other cases as those are confidential. If they tell you otherwise, be aware it is a lie and that they are just trying to bully you... unless they can produce a state law forbidding it. Challenge them on that. "Where's the law? Show it to me. No recording equipment, no interview."

The purpose of the interview is to get more information about you to possibly use against you in juvenile court. Say as little as possible.

Generally when they get a call they have to talk to parents and children before they close the case. So since you must talk to them in order to get the case closed, just tell them they're wrong, that there's nothing worth investigating. And then shut up. You don't need to give them relatives' phone numbers or your doctor's name or anything. Don't give them any leads.

Good luck.

[Michael]

In Texas the first interview is suppose to be recorded. Usually at a Child Advocacy Center and depending on the child's age.

I have done interviews in homes and attorney's offices. A parent or grand parent can be present as long as they are not the reported abuser.

There is one local attorney who always want to be present during interviews. She also takes a lot of photographs of the children.

[colleenkittleson]

Do you think a separate videotaping by me or an attorney is somehow "making a record of their records" and that is what they don't like?

Maybe they think I can show it to the "alleged abuser" and create some sort of trouble?

[colleenkittleson]

Maybe they are supposed to stick to allegations where the child is concerned. My attorney told me they like to make the interview into a general questioning of every aspect of family life...like does Mommy take drugs (I don't), or are their roaches in your room (there aren't), and a third-party video record of this would be unacceptable.

Does anyone have a question/answer guideline or example of the things that are normally asked?

[Momoffor]

My kids were asked if they were left alone all the time. Where I went. What I did. Did I drink. Did I hit them. and so on. Did they feel safe and so on. I have no idea what she asked my youngest because he was 5 and couldnt remember.

I think what you mentioned is part of the reason they dont like to be recorded, is because they are asking leading questions, and in our case, the caseworker just flat out lied about my kids answers. ..Something that without it being recorded, all they have is my denial, compared to what my children said (aka the interviewers lies).

In the case of my 5 year old, she had listed him as saying ALL KINDS of negative crap about me. Yet this is the same child who had a speech problem so severe that if you werent around it all the time to 'learn' it, you had no idea what he said, and the same child didnt talk to anyone that he didnt know PERIOD. Yet according to her, he opened up to her and said more to her in 5 minutes of questioning than he has in an entire month put together, AND she understood everything he said!

My daughter was listed also as saying some pretty negative things, which she got pissed off when I told her what the investigator wrote she said, but in this instance, she 'quoted' my daughter via baby talk. My daughter was 7 and had not spoken 'childish baby talk' since she was 3! She has spoken proper english and was very adamant about it from a very young age.

My autistic child also apparently opened up to her. But I wasnt about to tell them she was full of poo for the reason that he was autistic and didnt talk to people he doesnt know or trust and uses me as his 'voice' for things he might want to say. He told me that he just looked at her the whole time.

My other son didnt even remember getting asked questions (he is adhd and off the wall so was probably off in his own little world if and when it was being asked, and even if he did say something to her, it was in reality probably something along the lines of look what I can do as he threw himself superman style off the couch. But in the report, he too had negative things to say.

I dont trust them as far as I can throw them (cps that is). Whenever I would let them know they were being recorded, they would shut up, tell me they had to check with a supervisor and get back to me on if I could or not, and beat feet to get away. (VA is a one party state, all you have to do is notify the other party that they are being recorded, you dont need their consent =) Just recorded it when I let them know.

The line of questions is 'supposed' to be in the line of what the allegations are, but that too I think gets off track to go wherever the interviewer wants to go if they dont have 'big brother watching'. , just like asking my kids if I drink and where I go ect. Apparently, my kids told her I do drink (which I do once in a blue moon) and go out with my friends 'lots of times' at night. When in reality, I had just moved to VA and know literally NO ONE, but that didnt count to prove the lady was lying either!

There was a case in VA several years ago, where a man was accused of molesting a teenage girl who had a history of problems as well as being a pathological liar and accusing other people of the same thing. CPS and the police did a joint interview which is supposed to be recorded. They didnt record it, and in his appeal, he said that things he said during the interview were either untrue or taken out of context to suit their needs in finding him guilty. CPS blamed the police for not recoding it, the police blamed CPS, and the charges were overturned by the appeals court.

[colleenkittleson]

if I decline to have a child interviewed unless they are videotaped and have a lawyer present? I don't really like the idea of some person with a B.A. in something unlrelated to social work with 3 weeks training and a quota making a psychological assessment of a child without full accountability.

Is there any handbook where I can review all the potential questions?