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17 Child L. Prac. 1 (1998-1999)

handle is hein.journals/chilawpt17 and id is 1 raw text is: Child Law Vol. 17 No. 1 March 1998 Practice Helping Lawyers Help Kids BETTER LAWYERING Tips for Attorneys: Evaluating Mental Health Testimony in Child Sexual Abuse Cases* by Rosalyn Schultz INTRODUCTION When litigating child sexual abuse cases, whether you represent the ac- cused, accuser, or alleged victim, you will encounter mental health experts. Whether they are retained by you or opposing counsel, or are appointed by the court, you will need to evaluate the strengths and weaknesses of their testimony. This article will help you with this task by exploring several key considerations when evaluating mental health testimony. Special em- phasis is given to some of the more problematic areas that arise. KEY CONSIDERATIONS The evaluations and testimony of mental health professionals can pro- vide valuable insights to help the court decide whether sexual abuse oc- curred. Mental health testimony is not conclusive, but because of the consid- erable weight courts may give their findings, it is important to know what constitutes a reliable mental health evaluation. Is the Expert Qualified to Perform the Evaluation? Mental health professionals performing evaluations for child sexual abuse should have special expertise, knowledge and training. Published guidelines of the American Academy of Child and Adolescent Psychiatry (AACAP) and the Ameri- can Professional Society on the Abuse of Children (APSAC) include recom- mended qualifications for mental health professionals who conduct child sexual abuse evaluations (see Resources, p.8). When you assess ex- perts' qualifications, note that not every requirement must be met for qualification. AACAP's guidelines state evalua- tors should: have special skill and experience in child and adolescent sexual abuse; perform evaluations under the di- rection of an experienced child and adolescent psychiatrist or psychologist; be knowledgeable about child de- velopment, family dynamics related to sexual abuse, effects of sexual abuse on the child, and the assess- ment of children, adolescents and families; be trained in the diagnostic evalua- tion of children and adults; and be comfortable testifying in court *Special thanks to Kathleen Faller, Ph.D., Ann Arbor MI; David Corwin, A'. D., Cincinnati, 01H; AIoisy Shopper, Al. D., St. Louis, A10; and Ann Haralambie, J. D. Tucson, AZ for their helpful reviews of earlier drafts. and be prepared and willing to do so.I APSAC's guidelines state evalua- tors should: possess an advanced mental health degree in a recognized discipline or be supervised; have experience evaluating and treating children and families and experience with sexually abused children; have specialized training in child development and child sexual abuse, documented through formal course work, supervision, or atten- dance at conferences, seminars and workshops; be familiar with current profes- sional literature on sexual abuse and have knowledge of the dynamics and emotional and behavioral con- sequences of abuse experiences; be familiar with different cultural values and practices and how (Continued next page) What's Inside: 3 CASE LAW UPDATE 10 RESEARCH BASICS Treatment for Parents: What Works? E-mail: childlawpractice@staff.abanet.org * Internet: http://www.abanet.org.child /M

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