Tips For Csws Testifying In Court

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ISSUE NO: 99-34 DATE: 06/99

TIPS FOR CSWs ON TESTIFYING IN COURT

To be a good witness, CSWs must prepare and follow court etiquette. County Counsel has provided the Department with the following helpful tips for CSWs to use when testifying in court. The following tips came from an article in the periodical Child Law Practice, titled Tips for Caseworkers on Testifying in Court.

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BES CONTACT: Guy Trimarchi (213) 351-5733

APPROVED: ______Paul V. Freedlund, Deputy Director NEED TO KNOW Tips for Caseworkers on Testifying in Court* by Debra Ratterman Baker

To be good witnesses, caseworkers must If the objection is sustained, do not recommend a service plan for the family. prepare and follow court etiquette. The answer. Wait for the attorney to ask a Don’t go beyond your recognized following tips can help caseworkers new question. expertise. For example, don’t offer prepare to testify in court. medical opinions if you are not a health The judge decides whether your tes- practitioner. What to Expect timony is credible and persuasive. In As a child welfare agency social worker, any dependency hearing, the judge is the Answer all questions truthfully. This you will testify at all types of hearings. “fact-finder.” Keep in mind that your may seem unnecessary to say, but in Your testimony is essential to the judge answer is for the judge, not for the everyday conversation, we often fill in the in making informed decisions on behalf attorney asking the question. Look at the blanks with what we suppose to be true of children and families. judge when answering, especially if you rather than what we know to be true. This are making an important point. distinction is crucial in court testimony. You’ll answer questions from attorneys and the judge. Most often, Direct Examination “I don’t know.” If you do not know the you will be called to the witness stand by The attorney cannot ask “leading answer to a question, you should say so. the agency attorney. You may also be questions” during direct examination. The attorney will either try to rephrase the questioned by the parents’ attorney and Cover all pertinent information in question or strike it from the record and guardian ad litem. Juvenile court judges response to the attorney’s open-ended perhaps ask it again later. often take an active role in questioning questions, such as “What happened witnesses. next?” Be specific: give the date, time, “I don’t remember.” If you can’t answer location, and persons present when a question because you have forgotten the Questioning by the attorney who calls discussing an event. Take as long as answer, you should respond you as a witness is known as “direct necessary to answer the question. “I don’t remember.” You will usually be examination.” During the direct Remember the attorney cannot use allowed to look at your notes. In some examination, the attorney may attempt to questions to cue your answer or fill in courts, the judge will allow you to take clarify certain facts, obtain additional what you have left out. your notes with you on the witness stand. testimony that favors their client, or Take advantage of this practice, but don’t challenge your credibility by showing When testifying about your firsthand let your notes become a crutch. Answer confusion or bias. knowledge, state the facts only. Let the from memory whenever possible, facts speak for themselves. Be careful maintaining eye contact with the attorney During your testimony, attorneys may not to make conclusory statements like or the judge. Refer to your notes only make “objections.” Attorneys can object “the mother was drunk.” The parents’ when necessary. to a line of questioning or your answer to attorney is likely to object. You should a question. Don’t answer a question that describe in detail the mother’s behavior General answers may be enough if you has been objected to until the judge has and other indicators that she had been don’t recall details. It will be em- ruled on the objection. The judge decides consuming alcohol. Do not draw infer- barrassing and detract from the effec- if the objection is valid (“sustained”) or ences or conclusions from facts. tiveness of your testimony if you need to not (“overruled”). continually search through your case Offer opinions based on your area of records on the witness stand. Exact times If the objection is overruled, answer expertise. You may be asked to state and days are rarely needed unless there is the question. You can ask to have an your assessment of an issue based on some special issue about timeframes. The interrupted question repeated. your special education, training, and month and year is usually enough even if experience. For example, you can you can’t name the date. This is known as “redirect examination.” After cross-examination, the agency The attorney can ask you questions to attorney may ask more questions. clarify your answers to cross-examination

*Excez.pted with permission from: Iowa Child We/fare Law: A Manual for Social Workers, 2d ed., 105: 1-8, by Debra Ratterman Baker (ABA Center on Children and the Law, 1998). Copyright 1998, American Bar Association. All Rights Reserved. Cross Examination certainly be objected to and struck from • Meet with your supervisor and Attorneys may use “leading questions” the record. Don’t volunteer information previous social workers, if possible, during cross-examination. This style of that has not been asked for because the to go over the case. questioning beginning with phrases like cross-examiner may use the information • Talk with the agency attorney about “Isn’t it true” or “you stated that,” to confuse you. what areas should be covered at the sometimes sets up a hostile interaction. hearing. Be wary of “trick questions.” For ex- Maintain a professional demeanor at ample, the cross-examining attorney may It is also helpful to attend workshops on all times and answer each question ask if you went over your testimony with how to be an effective witness. truthfully to the best of your ability. A the agency attorney. There is nothing social worker who is hostile to the wrong with admitting that you prepared Summarize the service history of the parents’ attorney may give the judge the your testimony with the agency attorney case. In almost every dependency impression that the worker is also hostile - this is standard procedure for all hearing, you will be testifying about the when interacting with the family. By witnesses. However, it is important to agency’s work with the family. If the remaining calm, you make the badgering emphasize that the attorney did not tell case has been open for more than six attorney look like the “bad guy.” you what to say and did tell you to months, avoid long chronological lists of answer questions truthfully. contacts and service dates. Instead, The cross-examining attorney may ask quantify this information and give about your qualifications. Some The cross-examining attorney may be illustrative examples: “Mrs. Raimy attorneys may delve into this in great hostile to put you on the defensive. The attended only 20 percent of the scheduled detail - some are genuinely interested best strategy during a hostile cross- visits. She missed the visit on Christie’s and some may be trying to get you off to examination is to remain calm and birthday.” a bad start on cross-examination. Be sure professional. In most instances, a hostile to review your qualifications list before attorney is putting on a show for their Make a one-page list of the key dates you take the stand so you can answer client and doesn’t have a firm basis for and information. This will be helpful to these questions quickly and accurately. challenging your testimony. Don’t let it review right before your testimony. It can shake your confidence! be used to help you remember on the The questions often require you to stand. If the trial is delayed, it will help only give brief answers. Usually, yes or The agency attorney will protect you you prepare again. no will suffice. If a yes or no answer from improper attorney behavior. This requires some explanation, try to include includes verbal abuse, threats, or Prepare a list of your qualifications. this information with your answer. If the intimidation while on the witness stand. Give the agency attorney an updated cross-examining attorney objects and However, just because you are being resume or detailed list of relevant data requests that you answer only yes or no questioned aggressively or feel your that reflects your work in the field. If you or you are so advised by the judge, give a judgment is being challenged does not have a specific area of knowledge or yes or no answer and wait for the agency mean the agency attorney is not expertise, tell the agency attorney. It’s a attorney to ask for the explanation on protecting you. Under the adversarial good idea to keep a running list of how redirect examination. process, you should expect to be many cases you have handled. Even vigorously questioned. better, keep the list by type of case. It is Do not dodge cross-examination impressive to be able to say. “I have questions. Don’t answer “I don’t know” Preparation handled over 100 sexual abuse cases. “ or “I don’t remember” if you can answer Preparation is the key to being a good a damaging question - it may taint the witness. Be thoroughly familiar with Anticipate cross-examination ques- credibility of the rest of your testimony. your files and the case. Be ready to tions. What would you ask yourself if explain your recommendations and the you were the parents’ attorney? What Always answer the question that is reasons for them. When you know you problems or gaps are there in the case asked, not the question that you would are going to testify at a hearing, you record? Taking some time to decide in have preferred had been asked. For should: advance how best to answer these example, if the parents’ attorney asks • Learn the legal requirements for the questions will make cross-examination “Isn’t it true that you did not provide day hearing so you know what the judge much easier. care to the Smiths?,” wants to know. don’t answer, “Well, we did provide • Review the case record and highlight parenting classes.” This answer will all key information.

Vol. 18 No. 3 Child Law Practice 45 Testifying on Reasonable Efforts

When you testify, be ready to answer these questions: a dry throat when you are nervous, take a Case Plan glass of water with you to the stand. To • What family problems endanger the child? reduce your stress try imagining you are • How did you involve the parents in developing the service plan? just talking with the attorney or the judge. • What is the service plan for all family members? Speak loudly and clearly. Keep in Service History: For each service offered, before or after the child was mind that the testimony is being tran- removed: scribed. Avoid hand gestures and nodding • What is the service and its goal? to answer questions. Do not talk too • Who is the service provider? rapidly — it may appear to the judge that • When was the service offered to the family? you are being untruthful. Don’t be afraid • Did the family agree to participate? to pause and think about how you are • How long was the service provided? going to answer a particular question. Use • How often was the service provided? understandable language instead of • How did you make the service accessible to the family? professional jargon. Don’t use qualifiers • Did the family complete the service? like “I think,” “I believe,” or “1 guess” • What was the impact of the service on family problems? because it weakens your testimony. • If preventative or reunification services were not offered, why not? Make eye contact. Sit up straight in the Visitation History: If the child has been removed before the hearing: witness stand and make eye contact with • How often was the parent scheduled to visit the child? the attorney asking the questions. • How often did the Parent visit? Looking at the judge is helpful, especially • How did you make visiting accessible to the parent? when you want to emphasize a particular • Was visitation supervised? Who supervises? Why? fact. Gauging the judge’s response to • Was visitation restricted? When? How? Why? your testimony may also help you prepare • Was visitation suspended? When? Why? to testify in future cases. Don’t avoid the • How was the quality of parent-child interaction during visits? judge’s or attorney’s glance - this gives the impression you are being untruthful. Your Contacts with Child and Family • How often did you see or talk to the child’? Where? Build your credibility. Having the • How often did you contact each parent? judge’s undivided attention is a great • If contact was suspended, why? opportunity to educate him or her on your work. The judge only sees the cases For contested hearings, meet with the proceeding. Casual dress is seen as where voluntary services have failed and agency attorney in advance. Lay out all disrespectful to the court. Keep a court intervention is necessary. In the key information in the case, good and suitcoat or dress at the office in case you testifying about a service you offered, talk bad. The attorney will tell you what are called into court for an emergency about its purpose, the quality of the questions will be asked in direct hearing. provider, and the success you have had examination. Discuss potential cross- with it in other cases. examination questions. Ask any legal Be respectful. How you answer the questions you have. question is just as important as what’ American Humane Association you answer. Judges are easily angered presents the: by social workers who are argumentative Don’t skimp on your preparation First National Roundtable on or disregard the seriousness of the court because the case may settle. If you are implementing the Adoption and confident about your testimony, you will proceeding. Remember that your Safe Families Act be less likely to settle the case just to testimony will impact the life of a Portland, ME- June 27-29, 1999 avoid a contested hearing. You and the child. Issues to be addressed: agency attorney should always be ready • Meeting ASFA’s timelines. to go to court if the proposed settlement Exude confidence. Project the image • How agencies and courts can collabo- doesn’t adequately protect the child. of an experienced professional in the rate to implement ASFA. case. It lends credibility to your testi- • Filing for termination of parental Court Etiquette mony. Be prepared to feel some anxiety rights and working with the courts Dress professionally. You should about testifying. Walking into the • When concurrent planning is dress appropriately for court in courtroom, up to the stand, and being appropriate and how it can be done. deference to the importance of a legal sworn in can be disconcerting. If you get Vol. 18 No. 3 Child Law Practice 45 Contact: Mickey Shumaker, 303/925- 9416; [email protected]

Vol. 18 No. 3 Child Law Practice 45