Articles of Interest

Note: Highlighted Articles are those identified in “Where to Start” as well.

These articles are available in an audio format. Click Here

American Academy of Pediatrics Committee on Child Abuse and Neglect and Council on Children with Disabilities. Hibbard, R. A. & Desch, L.W. (2007) Clinical Report: Maltreatment of Children with Disabilities, Pediatrics, Update 119(5) pp. 1018-1025.
KEYWORDS: Medical Concerns, Developmental Disabilities, Abuse: General Disabilities: General
This is the latest (2007) version of the clinical report produced by the Committee on Child Abuse and Neglect and the Council on Children with Disabilities within the American Academy of Pediatrics. It once again recognizes that children with disabilities as a population need to be recognized as at risk for maltreatment. It cautions medical providers to not be confused by some conditions related to disability which can present as maltreatment. Early intervention and ways that a medical home can facilitate the prevention and intervention of child maltreatment are the subjects of this report. FULL TEXT   PDF   Audio (26:43)
Anderson, J. & Heath R. T. (2006). Forensic Interviews of Children Who Have Developmental Disabilities. Part 1 and Part 2. Update. American Prosecutors Research Institute, 19(1); 19(2).
KEYWORDS: Developmental Disabilities, Interviewing, Competency, Disability: General, Legal Concerns
Provides general information on interviewing strategies when investigating a case with a child with developmental disabilities. The first short summary (Part 1) emphasizes the importance of preparations before an interview including being sure all information is obtained, establishing child characteristics and who will be the lead interviewer, etc. Part 2 highlights some general guidelines during the forensic interview including developmental screening, dynamics of abuse with this particular population. Articles are very short, but provide good points to consider for this population of children. FULL TEXT 1  PDF 1secure file icon   FULL TEXT 2  PDF 2secure file icon  
Appelbaum, K. L. (1995). Assessment of criminal-justice-related competencies in defendants with mental retardation. Journal of Psychiatry and Law, 311-327.
KEYWORDS: Mental Retardation, Competency, Legal Concerns
Provides a succinct overview of strategies to detect mental retardation in defendants during forensic evaluations. Recommends that professionals pay particular attention to an individual's psychosocial history, responses to functional tasks, and specific aspects of communication and cognition for preliminary evidence of a disability. A helpful outline of these initial clues to the presence of mental retardation is included. Issues pertaining to diagnosis and classification, competence, and supports are also briefly addressed. While slightly outdated, this medical perspective provides a readable and well-organized overview of ways for professionals to detect mental retardation in defendants during forensic evaluations. FULL TEXT   PDF
Ballard, M.B. & Austin, S. (1999). Forensic interviewing: Special considerations for children and adolescents with mental retardation and developmental disabilities. Education and Training in Mental Retardation and Developmental Disabilities, 34(4), 521-525.
KEYWORDS: Mental Retardation, Developmental Disabilities, Interviewing, Sexual Abuse, Legal Concerns
An excellent short summary of the special considerations that professionals need to remember as they interview children and adolescents with Mental Retardation and Developmental Disabilities. These general considerations are presented in an easily read narrative format, and are discussed in the context of the different phases of the forensic interview. FULL TEXT   PDF
Ericson, K., Perlman, N. & Isaacs, B. (1994). Witness competency, communication issues and people with developmental disabilities. Developmental Disabilities Bulletin, 22(2), 101-109.
KEYWORDS: Competency, Developmental Disabilities, Interviewing, Legal Concerns
While slightly outdated, this article provides a readable discussion of the communication and competency issues involving individuals with developmental disabilities who have been victims of sexual abuse or assault. A comprehensive set of guidelines for interviewers outlines a number of practical ways to support the communication needs of witnesses who have developmental disabilities. Presented in a numbered list, these guidelines provide the dos and don'ts for interviewing individuals with developmental disabilities. FULL TEXT   PDF
Finlay, W. M., & Lyons, E. (2002). Acquiescence in interviews with people who have mental retardation. Mental Retardation, 40, 14-29.
KEYWORDS: Mental Retardation, Legal Concerns, Interviewing, Competency
Current and comprehensive explanation of the occurrence and causes of acquiescence in interviews with individuals who have mental retardation. Specifically deals with one aspect of acquiescence, yea-saying, the tendency of individuals to respond affirmatively regardless of the question asked. The researchers emphasize that in addition to acquiescence being caused by an individual's desire to please, it should also be viewed as the result of asking questions that are too complex linguistically or in terms of content. Specific and practical strategies for reducing acquiescence in interviews are offered. FULL TEXT   PDF
Heckler, S. (1994). Facilitated communication: A response by child protection. Child Abuse and Neglect, 18(6), 495-503.
KEYWORDS: Facilitated Communication, Autism, Sexual Abuse, Legal Concerns
Discusses the case of a 7-year-old child with autism from Minneapolis, MN who reported via facilitated communication that she had been sexually abused. This case is used as a springboard for a thorough discussion on several of the issues concerning facilitated communication, including a research-based rationale for its use, the influence of the facilitator, and strategies for demonstrating the independence of produced messages. While outdated, this discussion provides a clear and readable introduction to the controversial method of facilitated communication, as well as a valuable explanation of the key issues that references actual cases of abuse reported via facilitated communication. FULL TEXT   PDF
Huer, M.B., & Yaniv, K. (2006). Access to justice: An SLP's guide to helping persons with complex communication needs voice their case. The ASHA Leader, 11(17), 6-7, 28-29
KEYWORDS: Legal Concerns, Communication Disorders, Interviewing, Abuse: General
Describes the responsibilities and challenges of Speech-Language Pathologists (SLP) as they prepare persons with complex communication needs (PWCCN) for the court system. The article suggests that SLPs should acquire additional knowledge, skills, and education before entering the legal arena by becoming familiar with the legal process (e.g. basic rules of law, and procedures). Work is needed in this area to advocate for increased accommodations and these professionals can assist in this arena. Judges and attorneys may also need to be immersed in training programs for greater acceptance of communication through augmentative and alternative communication (AAC) systems and other strategies. A very critical topic with cross-training needed in many disciplines.FULL TEXT PDF
Kebbell, M. R., & Hatton, C. (1999). People with mental retardation as witnesses in court. Mental Retardation, 3, 179-187.
KEYWORDS: Interviewing, Mental Retardation, Legal Concerns
Provides a dense, yet helpful review of the literature concerning eyewitness testimony given by individuals who have mental retardation. Research on such topics as recall accuracy, questioning style, suggestibility, and alternative interviewing methods is clearly presented and suggests that individuals with mental retardation can provide accurate accounts of events when appropriate questioning and cross-examination techniques are used. While more difficult to read than other articles because of its empirical focus, it is a well-organized and comprehensive resource that is recommended for all professionals involved in evaluating and interviewing individuals with mental retardation. FULL TEXT   PDF
Konstantareas, M. M. (1998). Allegations of sexual abuse by nonverbal autistic people via facilitated communication: Testing of validity. Child Abuse & Neglect, 22(10), 1027-1041.
KEYWORDS: Autism, Sexual Abuse, Facilitated Communication, Legal Concerns
Presents a comprehensive alternative approach to establishing the validity of allegations of sexual abuse by nonverbal children with autism produced through facilitated communication. The assessment protocol for this new approach is clearly described and illustrated using actual cases of reported sexual abuse. Table 1 provides a helpful outline of the assessment instruments employed as part of an evaluation of allegations of abuse via facilitated communication. FULL TEXT   PDF
Little, L. (2004). Victimization of children with disabilities. In K.A. Kendall-Tackett (Ed.), Health consequences of abuse in the family: A clinical guide for evidence-based practice (pp. 95-108). Washington, DC: American Psychological Association.
KEYWORDS: Abuse:General, Disabilities:General, Legal Concerns
Extensively reviews the unique vulnerabilities of children with disabilities in a way that is readable and well-organized. Practical suggestions are also offered for assessing, reporting, and treating the abuse of children who have disabilities. Given that this chapter is very current, readable, and comprehensive, it is a must-read for all professionals involved in the identification, assessment, and treatment of children with disabilities who have been maltreated. Excerpt Only   Audio (8:28)
Oosterhoorn, R., & Kendrick, A. (2001). No sign of harm: Issues for disabled children communicating about abuse. Child Abuse Review, 10(4), 243-253.
KEYWORDS: Communication Disorders, Disabilities:General, Sexual Abuse
Describes an exploratory research project that analyzed the views of professionals working with children using alternative/augmentative communication systems on the issues pertaining to communication about abuse. The study and its findings are clearly written, easy to read, and comprehensive, especially the subsection discussing the barriers to communicating abuse. Given the importance of communication in protecting children with disabilities from being abused, this resource is especially meaningful for settings and professionals responsible for selecting and utilizing augmentative communication systems. FULL TEXT   PDF
Orelove, F. P., Hollahan, D. J., & Myles, K. T. (2000). Maltreatment of children with disabilities: Training needs for a collaborative response. Child Abuse and Neglect, 24, 185-194.
KEYWORDS: Abuse:General, Disabilities:General
Describes the results of a research project conducted at the Virginia Commonwealth University to determine the current knowledge, experience, and training interests of parents, educators, and investigators concerning responses to children with disabilities who have been maltreated. Researchers used a needs assessment instrument to assess the knowledge level of 125 Child Protective Services (CPS) workers and law enforcement personnel, 199 educators, and 101 parents of children with disabilities. Results suggest that knowledge levels in most assessed areas were not extensive, and that future training efforts should be multidisciplinary and aim to provide disability-specific knowledge and emphasize systematic approaches to recognizing and responding to instances of suspected child abuse. This study helps document the nature of current knowledge gaps, and therefore should be considered in the development of training programs to build a more coordinated and informed response to the maltreatment of children with disabilities. FULL TEXT   PDF
Perlman, N. B., Ericson, K. I., Esses, V. M., & Isaacs, B. J. (1994). The developmentally handicapped witness: Competency as a function of question format. Law and Human Behavior, 18, 171-187.
KEYWORDS: Interviewing, Competency, Developmental Disabilities
Provides a readable and comprehensive discussion of the effects of question format on the response competency of individuals with disabilities. Specifically, it presents a study that investigated the ability of 30 individuals with developmental disabilities and 30 individuals without disabilities (17-26 years old) to accurately and completely respond to different types of questions concerning a real event. Results support the conclusion that there are ways to facilitate accurate testimony by individuals with developmental disabilities, such as asking a combination of free-recall and specific questions, while avoiding short-answer and leading questions. FULL TEXT   PDF
Perske, R. (1994). Thoughts on the police interrogation of individuals with mental retardation. Mental Retardation, 32, 377-379.
KEYWORDS: Interviewing, Mental Retardation, Legal Concerns
While slightly outdated, this brief, yet thorough article provides an excellent introduction to mental retardation and its effects on cognition, communication, and behavior. Offers several practical suggestions to ensure fair and just outcomes for individuals with mental retardation. As such, this is recommended reading for law enforcement personnel and other individuals examining or interviewing individuals with mental retardation. FULL TEXT   PDF
Smith, S. A., & Hudson, R. L. (1995). A quick screening test of competency to stand trial for defendants with mental retardation. Psychological Reports, 76, 91-97.
KEYWORDS: Competency, Credibility, Mental Retardation, Legal Concerns
Provides preliminary support for the use of a quick screening test for criminal justice personnel to determine whether a defendant should be referred for a more comprehensive assessment of competency to stand trial. While additional research on this screening measure is needed before it should be utilized, these results suggest that whether or not individuals with mental retardation understand the terms 'court strategy', 'plead', 'testify', and 'jury' reliably predicts whether or not they are competent to stand trial. While outdated and more difficult to read than other resources, this article is short and represents a solid effort to improve pretrial identification of defendants with mental retardation. FULL TEXT   PDF
Tiapula, S. (2005). Learning to Read the Signs: Prosecution Strategies for Child Abuse Cases with Deaf Victims and Witnesses. Update. American Prosecutors Research Institute. 18(5).
Deaf/Hearing Impaired, Abuse: General, Communication Disorders, Legal Concerns
Provides excellent strategies for investigators, prosecutors, and interviewers working with victims who are deaf or have a hearing impairment and need to appear in court. The article includes issues that should be addressed during investigation in terms of assessing the victim’s communication skills, safety, educating the court, and acknowledging diversity within the deaf community. Although a short article, it is very useful in summarizing the issues. FULL TEXT  PDF
Valenti-Hein, D. C., & Schwartz, M. A. (1993). Witness competency in people with mental retardation: Implications for prosecution of sexual abuse. Sexuality and Disability, 11, 287-294.
KEYWORDS: Competency, Credibility, Mental Retardation, Sexual Abuse, Legal Concerns
While outdated, provides a short and readable overview of the competency issues raised when individuals with mental retardation testify in court. Clearly distinguishes competency from credibility, and includes an excellent discussion concerning the implications for prosecution of abuse. FULL TEXT   PDF
Warfield, J. L. (2006). Silent Voices: Preparing Deaf Children for Court. Update, American Prosecutors Research Institute, 19(10).
Communication Disorders, Deaf/Hearing Impaired, Legal Concerns, Interviewing
A concise overview of preparing a deaf child for court processions and providing the services, such as deaf interpreters, that will serve, assist, and communicate with the child. The article explicitly describes the importance of understanding the child’s communication skills and differentiating between the various certifications that interpreters hold. These factors facilitate better communication between the investigators and the child. Good add-on to Tiapula article. FULL TEXT  PDF
Weber, M. C. (2002). Disability harassment in the public schools. William and Mary Law Review, 43(3), 1079-1158. [Excerpt only, 1110-1123, 1155-1158]
KEYWORDS: Legal Concerns, Disabilities:General
Review of disability harassment in public schools written from a legal perspective. Provides an excellent discussion of legal claims and potential remedies for disability harassment under the Individuals with Disabilities Education Act (IDEA), common law, and Constitutional due process and equal protection. Discussion supports the need for school personnel and parents to increasingly work together to create a school environment where harassment is not tolerated, while the judicial system supports such policies with more serious and effective responses to claims. Provides some general background related to the possible social contract of harassment and potential abuse for this particular population of students. TEXT OF EXCERPTS ONLY   PDF