<p> Interviewing Native Children in</p><p>Child Sexual Abuse Cases </p><p>March 2000</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. U. S. Department of Justice Office of Justice Programs 810 Seventh Street, N.W. Washington, D.C. 20531</p><p>Janet Reno Attorney General</p><p>Daniel Marcus Acting Associate Attorney General</p><p>Mary Lou Leary Acting Assistant Attorney General</p><p>Noel Brennan Deputy Assistant Attorney General</p><p>Kathryn M. Turman Director, Office for Victims of Crime</p><p>Office of Justice Programs World Wide Web Homepage: http://www.ojp.usdoj.gov</p><p>Office for Victims of Crime World Wide Web Homepage: http://www.ojp.usdoj.gov/ovc</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice.</p><p>Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of OVC or the U.S. Department of Justice.</p><p>The Office for Victims of Crime is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, and the Office of Juvenile Justice and Delinquency Prevention.</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. Native American Topic-Specific Monograph Series</p><p>Purpose</p><p>The purpose of the Native American Topic-Specific Monograph project is to deliver a variety of booklets that will assist individuals in better understanding issues affecting Native communities and provide information to individuals working in Indian Country. The booklets will also increase the amount and quality of resource materials available to community workers that they can disseminate to Native American victims of crime and the general public. In addition to the information in the booklet, there is also a list of diverse services available to crime victims and resources from the Department of Justice.</p><p>Acknowledgements</p><p>The Center on Child Abuse and Neglect (CCAN) acknowledges the assistance of the many consultants who contributed their expertise in the preparation of this series of monographs. These materials were developed and reviewed by individuals with diverse backgrounds, expertise and experience in victim services, legal experience, and mental health providers.</p><p>CCAN believes that the information contained herein is factual and that the opinions expressed are those of the consultants/writers. The information is not however, to be taken as warranty or representations for which the Center on Child Abuse and Neglect assumes legal responsibility. Any use of this information must be determined by the user to be in accordance with policies within the user’s organization and with applicable federal, state, and tribal laws and regulations.</p><p>Project Staff</p><p>Project Director/Editor - Dolores Subia BigFoot, Ph.D., CCAN OUHSC Project Coordinator - Lana Grant, CCAN OUHSC Project Staff - Janie Braden Denton and Lisa P. Rhoades, CCAN OUHSC Program Manager - Cathy Sanders, OVC, OJP, DOJ</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. 1 Interviewing Native Children in Child Sexual Abuse Cases</p><p>Interviewing Native Children in Child Sexual Abuse Cases</p><p>Introduction</p><p>Native Americans are the most diverse racial or ethnic group in the United States. There are many tribal differences based on language, dialect, social organization and political structure, to name a few. While tribes value their tribalism and their uniqueness, at the same time Native people share some values as a cultural group. If we were to compare the differences among tribes and majority communities, differences among tribes become less clear.</p><p>Cultural differences and values can serve to illustrate some commonalities between Native people and the majority population that can occur in the context of forensic interviews in child sexual abuse cases. Understanding communication styles, interviewer selection, cultural milieu, language proficiency, and cultural taboos will not only assist professionals working with Natives, but will enable children to participate more effectively in the investigation process.</p><p>Child sexual abuse was the number one crime reported in Indian Country in 1997. Out of all the cases reported, only a fraction were successfully prosecuted. There are a number of complicating and related factors that make these cases difficult to prosecute in Indian Country. Complications frequently include ineffective communication and multiple jurisdictions, lack of professional training and limited cross-cultural training, and professionals with limited experience and knowledge of the context, or the milieu in which Native people live resulting in limited cultural competency. All of these complications add a layer of complexity that impacts the quality of the fact finding or forensic interview of Native children regarding child sexual abuse allegations.</p><p>Statement of the Issues</p><p>In 1997 I attended a child abuse training for federal judges. One federal judge from the west announced that in all of his years on the bench he had yet to see a "good" Native American child witness. I remember being struck by that statement, trying to understand how he interpreted communication in the courtroom and what kind of communication was needed to be thought of as a "good" witness, a credible witness, one to whom a jury could relate. Simple communication that we can take for granted within our own familiar settings often may be misinterpreted within cross-cultural circumstances. I remember supervising an interview in which the interviewer thought the child was developmentally delayed because the child had a strong reservation accent. The interviewer had never heard the accent before and was not able to identify it, yet this interviewer was willing to label the child as developmentally delayed without assessing his own bias or limited experience with a Native child.</p><p>In another complex case in which a traditional Native healer was alleged to have sexually abused a child, an FBI agent unfamiliar with the case was sent to observe the interview with the Native child. Unfortunately, the special FBI agent that would typically have handled the case was unavailable; therefore the other agent was assigned to assist in this case. As the forensic interview progressed, the reaction by the new agent to the information being disclosed began to interrupt the process. It was apparent that he had limited or no appreciation with Native customs or beliefs because he stated he “couldn't understand how these people still believed in spirits and were still involved in the practice of a barbaric religion." His culturally inappropriate statements and biased assessment disrupted the interviewing process. This resulted in the investigation team doubting his ability to investigate the case in a professional manner free of bias. His behavior and attitude created a hostile atmosphere within the investigation process and severely restricted the amount of information that was given; it was a major set- back for the team which worked with the other agent for over nine months to build the cooperative nature needed for interagency collaboration.</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. 2 Interviewing Native Children in Child Sexual Abuse Cases</p><p>Understanding the nature of Native communities, tribal politics, and federal-Indian relations is imperative when working in Indian Country. There is a context within which Native peoples live, a milieu that is unique and different from majority communities in a myriad of ways. Native communities define themselves by their relationships. Offenders are personally known by most Native community members; they are fathers, brothers, uncles, grandfathers, cousins, grandparents, sisters, aunties, and mothers. There is a great price to being a child victim in any situation, and this can extend to the child, the parents and the extended family. History, colonialization, and culture further influence and increase the complexity of a child sexual abuse case.</p><p>1. Communication When children are bilingual and monolingual, certain arrangements and considerations should be made for the interview. Monolingual children will need a trained bilingual interviewer or an interpreter to assist with the interview. The interviewer, interpreter, and the child should be present for the interview or available by some other technical means (i.e., bug-in-the-ear system). The interviewer should be able to ask the interpreter questions to present to the child and insure all of the necessary questions are addressed. Ideally, the interviewer will have fluency in the child's Native language. When bilingual children are being interviewed, care should be taken in deciding whether the interview will be in English or the child's Native language. Even Native children whose first language is English may say certain words in their own language. For example, it is not uncommon for Native children to label their body parts in their Native language. Therefore, it is important to have professionals available that speak the Native language of the child. When interviewing a bilingual child, an interpreter may be necessary in the event the child elects to speak in their Native language.</p><p>A qualified interviewer is a key component to a successful investigation of child sexual abuse. In Indian Country, a qualified interviewer must also be culturally sensitive. Many professionals interviewing children in Indian Country are not necessarily familiar with the child's Native language, traditions or customs. Expertise in language, tradition, and social structure is important for interviewers working in Native communities. Talking about something extremely sensitive, like sexual acts, may be easier in a person's Native language. It is important to have professionals available who are not only bilingual but also knowledgeable about the tribe's traditions, culture, and social structure. Knowledgeable professionals can help avoid misinterpretation of verbal and non-verbal communication.</p><p>Most Native traditions are passed down from generation to generation by listening to elders. This is how traditional teachings have historically been passed along in Native communities. Storytelling, with its gestures and cadence, is often incorporated into dialogue as well as everyday conversations. Simultaneously, courtesy and listening to others, even when it is time-consuming, is a strong cultural value that indicates respect. </p><p>This is clearly illustrated in this actual event. A non-Native presenter at a conference was unveiling a statewide initiative to develop child protection teams in child sexual abuse. Many tribes located within the state were present at the conference, yet somehow had not been directly included in the statewide initiative. Representatives from the non-Native communities made reports on the progress in their locales across the state. Listening to all the other state communities present on their progress, one tribal representative waited patiently for an opportunity to speak. The presenter was wrapping up the presentation when the tribal representative stood to report what was happening in her tribal community. The Native woman was deliberate in her speech and spoke slowly, telling both the histories of their struggle as well as their current efforts to develop effective teams to address child abuse. In the audience were numerous tribal representatives who had not been included in the initiative, yet listened throughout the presentations on the non-Native communities. The presenter looked agitated with the amount of time the Native woman was taking to explain what her community was working on. Wanting to stop at the assigned time and not sensitive to the cultural implication, the presenter cut her off and concluded the session despite the fact that the Native woman was not finished. This lack of sensitivity on the part of the presenter was not lost on the Native audience, yet the presenter was totally unaware that he had acted inappropriately and that his behavior indicated a high degree of disrespect.</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. 3 Interviewing Native Children in Child Sexual Abuse Cases</p><p>Cadence of Speech: Many Native people speak in a soft and deliberate manner where the importance or value is placed on the feeling or content of the speech versus the linguistic component. There are many accents and unique expressions in Indian Country which are comforting and familiar to Natives, that may be unfamiliar to non-Natives. Speech and language have a distinct rhythm in Indian Country that is often unfamiliar to professionals interviewing Native children.</p><p>Pace: In a forensic interview, it is helpful to mirror the pace of the child or adolescent. Since speech and language are forms of communication, it is important to be aware of the dynamics of the interaction. Mirroring and reflecting the pace that the child has set is respectful and sets the tone for empowering a child victim. I once supervised an interview where the interviewer was asking questions of the child with a rapid pace, leaving little time for the child to respond, and speaking in a tone much louder than the child. The child did not have a hearing problem. This clearly indicates that the interviewer was using her preferred style of communication during the interview, rather than matching her style to the child's. When the pace of the interviewer is fast, aggressive, and focused, in comparison to the child's pace that may be slow, deliberate and filled with silence, the result is communication interaction that is awkward and counterproductive in making a child feel comfortable in a forensic setting.</p><p>Silence: Often, with the urgency associated in a child sexual abuse investigation, there is a priority on getting information from the child. I have observed a tendency in forensic interviews to fill every moment with words. It is imperative to understand the myriad functions of silence in Native communities. Being comfortable with silence is an important aspect of interviewing Native children and their families. Silence can be used as a way to choose not to answer a question, or to not say out loud the obvious. Silence can represent the pace of the communication with the significance being that every moment does not need to be filled with sound to be meaningful.</p><p>Non-verbal Communication: It is important to understand the value that our respective cultures place on non-verbal communication and the degree to which we operate ethnocentrically relative to that value. Gesturing and facial expressions convey a variety of meanings depending on the culture. Often when non-Native people address cultural differences in Indian Country, lack of direct eye contact is offered as the typical noticeable difference. Eye contact, or a lack thereof, may be identified readily because it is noticed by non-Natives who place a value and make value judgements based on how they interpret what eye contact may mean about a person in their respective culture. Another example is the degree of personal space a person may feel comfortable with and how that is interpreted. Native people may allow a high degree of near body contact without showing discomfort whereas many non-Native persons would find this highly affrontive and confrontational. This may be misinterpreted as lacking boundaries or displaying inappropriate behavior. Many Native people choose not to point with their fingers because of politeness and point instead with their lips. Since this may not be an important communication style for non-Natives, this non-verbal communication may go largely unnoticed. Hand gestures may accompany many Native words that heighten the meaningfulness of the communication given.</p><p>2. Lack of Cross-Cultural Training Jurisdiction in Indian Country is complex and multiple sovereigns often have concurrent jurisdiction in child sexual abuse cases. It has become critical for investigators to develop culturally competent attitudes, strategies, and practices in order to be responsive to child abuse cases in Indian Country. Historically, there has not been a strong emphasis on cross-cultural training with non-Native professionals that investigate, prosecute, and intervene in child sexual abuse cases. Cultural competence has not been viewed as an important or necessary part of the investigation in child abuse cases. Most, if not all, professionals acknowledge that expertise in child development and sexual abuse is imperative in investigating child sexual abuse cases. However, developing expertise or competence with regard to cultural norms and differences in child sexual abuse cases has not been recognized with a similar degree of conviction. Such cultural expertise is critical when working with Native children and families.</p><p>Professionals working in Indian Country are not necessarily trained in the history of the laws they are enforcing, the historic relationships of the sovereign entities that have jurisdiction, the culture of the tribe they are working with, or culturally appropriate techniques to work with children and families in stressful</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. 4 Interviewing Native Children in Child Sexual Abuse Cases situations who differ culturally from the professional. When non-Natives and sometimes non-member Natives enter a reservation to work on a child sexual abuse case, they may be unfamiliar with working with different tribes or with child abuse issues in Indian Country. Training in a variety of areas is critical to equip professionals with the ability to investigate and intervene appropriately in child sexual abuse cases.</p><p>The turnover rate for non-Native professionals working on child abuse cases is high. In those situations where a non-Native professional attains a working knowledge of child sexual abuse in Indian Country when their time commitment is completed they select to move to another agency, are assigned to a different division, or request reassignment due to the stress associated with working in a different culture. Many times they have family considerations that must be evaluated and they decide that family must remain a priority, therefore another setting is essential. The result is that professional turnover is highly stressful to Native communities and it is a frequent concern when discussions center on hiring and retention of qualified professionals. The stress is amplified when the professional having no experience working with children and families in Indian Country continue to fill vacant positions since the level of inexperience remains the same.</p><p>3. The History and Milieu of Native American Communities Indian Country criminal jurisdiction in a child sexual abuse case can be concurrently asserted by a tribe, the federal government, and/or the state government, depending on the location of the crime, the nature of the offense, and the race of the victim and offender. Native American defendants can be prosecuted in tribal court, state court, and/or federal court without double jeopardy attaching. United States v. Wheeler, 435 U.S. 313 (1978).</p><p>Native American communities in the United States are highly diverse, consisting of federally recognized tribes and non-federally recognized tribes, landless and land-based tribes, urban and reservation communities, and various degrees of blood quantum as designated by tribal constitutions or other criteria. Native American communities, in particular those in Alaska, Hawaii, Oklahoma and so- called Public Law 280 states, have their own unique and distinct legal situations, as well as cultural differences.</p><p>There are over 530 federally recognized tribes; over 230 of them are Native groups in Alaska. There is a wide range of differences between Native American groups in culture, land base, governmental structure, size, wealth, traditions, degree of assimilation, and language. Some tribes are geographically isolated while others are located near urban areas. As a function of their sovereign status, tribes decide membership based on blood quantum and/or descendency of their tribal members. Tribal membership due to blood quantum is a criteria initiated during the development of US Government.</p><p>More than 60% of Native Americans today are of mixed racial backgrounds. Historically, tribes were all mixed inter-tribally as a result of alliances, marriages, and adoptions with other tribes. Some Native Americans who have a combination of different and documented lineage, may be viewed differently by non-Natives as well as other Natives who term themselves "full blood” (the arbitrary designations of full blood, half blood, etc., was for the benefit of federal Indian records and not a designation given by Native people themselves, See Monograph on History of Victimization in Indian Country). Native Americans represent a range of orientation from fully traditional to fully acculturated (Trimble, Fleming, Beauvais, & Jumper-Thurman, 1996). Many Native Americans speak English as a second language while others speak only English. Native Americans are the only ethnic minority in the United States that have been legally defined as a political entity based on their hereditary lineage.</p><p>Many tribes are located in geographically isolated areas, which can have benefits as well as drawbacks. Always being able to return to the reservation, knowing that one has family and a place to return to is culturally different than simply living in a small town and knowing everyone. There are advantages and disadvantages of being on a reservation, knowing everyone and hearing about events that may or may not be true. A distinct shift in the rural to urban population occurred in part to the federal termination of tribes, the relocation programs that moved families closer to employment sources and the natural population shift to urban areas. The Federal Relocation Program was a national policy effort to</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. 5 Interviewing Native Children in Child Sexual Abuse Cases relocate Native people to urban areas in the 1950s and 1960s that was to eventually result in eliminating services to tribes. Almost half of the Native American population in the United States now lives in urban and metropolitan areas. A significant number of the Native American population is in constant circulation between their urban and reservation homes.</p><p>Understanding the history of tribes in the United States and their relationship to the federal government is important when working with Native communities in child sexual abuse cases. In addition, understanding the nature and history of a particular Native community is essential for an investigator to be effective with children, families, and tribes in Indian Country. It is not uncommon for outside professionals to have to prove themselves and they may spend a year in that endeavor alone. At one time tribal communities may have embraced visitors. However, in the post contact years, history has proved that outsiders, especially Europeans and federal and state governments, are not all to be trusted in valuing or understanding what is important to local tribal members.</p><p>Like many ethnic enclaves, Native American communities are fairly intact and operate as rigid ecosystems (Trimble, Fleming, Beauvais, and Jumper-Thurman, 1996). Some of the characteristics of Native American communities reflect physical and environmental settings, sociocultural characteristics, individual characteristics, and variations in cultural orientations (Trimble & Hayes, 1984).</p><p>Native Americans have a different worldview than the western paradigms of Euro-Americans. One aspect of western thought conceptualizes history in a linear temporal sequence, whereas most Native American thinking conceptualizes history in a spatial fashion (Duran & Duran, 1995). These authors explain that temporal thinking means that time is thought of as having a beginning and an end, whereas spatial thinking characterizes events as a function of space or literally where the event took place. An example of these differences is that in a child sexual abuse investigation, non-Native professionals may be particularly interested in "when" something occurred while Native professionals may put more significance or emphasis on the "place" where it occurred.</p><p>Multidisciplinary Teams in Indian Country</p><p>It is vital for professionals working in Indian Country to have a historical knowledge base about prior relationships that have been established in the federal, tribal and state arena. The 1995 Attorney General Guidelines for Victim and Witness Assistance states that federal prosecutors must consult with local multidisciplinary teams (United States Department of Justice, Office of the Attorney General, 1995). Some child protection teams (CPT) were organized in Indian Country before legislation was passed to encourage the development of multidisciplinary teams nationally. Multidisciplinary teams (MDT) have tended to be prosecution-focused while child protection teams have tended to be more treatment and intervention focused. The majority of tribes have child protection teams, multidisciplinary teams, or both. In some instances both teams may exist with the same membership or function together with just a change in name (See Monograph on The Roles of the CPT/MDT). The effectiveness of the MDT or CPT varies depending on the ability to function autonomously while maintaining support of the tribal governing council. The effectiveness varies among tribes, from administration to administration, and is dependent on the degree of interagency cooperation among tribal, state, and federal agencies.</p><p>Overview of the Forensic Interview</p><p>Children who have been sexually abused may experience a greater degree of distress than children who have not been sexually abused (Runyan, 1993). Minimizing secondary trauma to children involved in investigations is an important consideration for all professionals involved with child sexual abuse cases. The Indian Child Protection and Family Violence Prevention Act of 1990 articulates a duty to minimize additional trauma during examinations and interviews of Indian children in child abuse investigations. 25 USC SS 3201, Section 3206(c) provides:</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. 6 Interviewing Native Children in Child Sexual Abuse Cases</p><p>"Examinations and interviews of a child who may have been the subject of abuse shall be conducted under such circumstances and with such safeguards as are designed to minimize trauma to the child…."</p><p>Multiple interviews of children conducted by professionals from different agencies can be associated with secondary trauma to children. In Indian Country, with the complex array of law enforcement agencies, jurisdictional issues, and lack of team coordination, multiple interviewing of child victims is still regularly occurring. There has been a small yet growing movement in Indian Country to develop Children's Advocacy Centers, a coordinated multidisciplinary team approach to investigation, prosecution, and intervention in child abuse cases.</p><p>The purpose of the forensic interview is to obtain information to be used in the criminal justice or child protection systems. The focus of the interview is fact finding, i.e., to obtain information that can be corroborated and used to prosecute a child abuse case or used to unfound allegations and close a case. The role of the interviewer is to consider multiple hypotheses and maintain a neutral position throughout the interview.</p><p>There are three basic stages to a forensic interview: 1) rapport building, 2) disclosure if abuse has occurred, and 3) closure. It is most effective to develop an interview format prior to conducting an interview. Decisions to audiotape, videotape, and/or take detailed notes need to be carefully considered since there are advantages and disadvantages to each approach. As this article cannot cover all aspects of child interviewing, professionals are encouraged to obtain a more comprehensive handbook addressing the wide spectrum of issues in forensic interviewing (See Handbook on Intake and Forensic Interviewing in the Children's Advocacy Center Setting, 1997).</p><p>Basic Principles of Interviewing</p><p>Successful investigations of child sexual abuse cases are often determined by obtaining reliable statements from child victims. A forensic interview of a child in a sexual abuse case is a complex process and some jurisdictions approach these cases from different perspectives. However, there is a consensus regarding underlying principles in interviewing children by professionals in the field of child maltreatment (See Monograph on Differences Between Forensic and Clinical Interviewing).</p><p>Interviewers should approach children in an unbiased and open stance that entertains multiple hypotheses in each case. It is particularly important to remain neutral when allegations arise in rural tribal communities as preliminary information about families may or may not be accurate. An interviewer should be trained to avoid using coercive techniques and leading questions. Highly leading questions and coercive techniques have led to children making statements that are viewed as unreliable and lacking sufficient validity for successful prosecution.</p><p>In recent years there has been more emphasis on children's speech and language development in forensic interviews. Understanding speech and language development in children is important in obtaining consistent and reliable information. The importance of framing questions in a manner that is linguistically and developmentally appropriate for children in a forensic setting is part of responsible practice in this field (Goodwin, 1991; Walker, 1994).</p><p>It is also important for professionals to have a working knowledge of sexual development in children. What is considered normal sexuality in children can have subtle differences from the dominant culture to other ethnic enclaves. For example, children masturbating may be seen differently in Native communities since overt sexuality is generally discouraged. At the same time, teens that become pregnant are often encouraged to bring their pregnancy to term and have their babies. There is acceptance within the family and community since the value placed on children and kinship is paramount.</p><p>Determining who will conduct the interview is also an important question to be addressed at the onset of a child abuse investigation. The interviewer may be a social worker, criminal investigator, federal</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. 7 Interviewing Native Children in Child Sexual Abuse Cases law enforcement officer or agent, tribal police officer, or a trained child interview specialist who works in a child advocacy center. Ideally, whoever interviews the child will have had specialized training in forensic interviewing, child sexual abuse, cross-cultural competency, child development and will speak the child's Native language (if necessary). In forensic interviews, building rapport is of primary importance and must be done in a short period of time. Ethnic match of the interviewer and child may have more of an impact in the interview setting than in the general mental health setting. Some children and adolescents will indicate a preference to speak with an interviewer based on gender or ethnicity and efforts should be made to accommodate the child's preference.</p><p>The cultural milieu can impact how a child, family, and/or community views the investigation process. Interviewers and other agency professionals should be trained in cultural responsiveness. At a minimum, professionals who are working in Indian Country should be able to discern the general degree of whether children and families are culturally identified and the degree to which the child and family have assimilated into the non-Indian culture. While it may not be possible to have an ethnic match in interviewing Native children, it is imperative to have Native professionals represented on multidisciplinary teams in Indian Country. If interviews are conducted in a multidisciplinary manner, the forensic interview can be another forum for cross-cultural training. Additionally, the interview can serve as a format to discuss when cultural issues are and are not relevant to the investigation. The multidisciplinary team meetings can also provide a vehicle to address how agencies are responding to Native children and families. Knowing how families function culturally can assist professionals in understanding how children and families react to the abuse and may provide insight into what would be appropriate intervention.</p><p>Cultural taboos may inhibit children from discussing certain topics with outside professionals or in the presence of certain relatives. While Native children may be able or willing to talk about allegations involving sexual abuse with an investigator, care should be taken in talking about the abuse with relatives and elders when the child is present. In some Native communities discussing sexual topics with parents and elders present may be viewed as inappropriate.</p><p>Understanding family, band, lodge, or clan relationships may also be important to an interviewer. How people are related and how they are viewed within the extended family network may impact who is willing to share information. For example, this is important when several members of the family present themselves as aunts or uncles and the investigator has record of only one birth uncle. Also investigators need to be knowledgeable about tribal ceremonies and feast days so they avoid asking inappropriate questions. Tribal ceremonies and feast days may also be helpful in framing the time of the year that the abuse occurred in relation to ceremonies or feasts. Care should be taken not to schedule interviews or meetings on dates that conflict with tribal ceremonies.</p><p>Conclusion</p><p>There are a wide range of issues and complexities in interviewing children in child sexual abuse cases. It is important to understand that when a child sexual abuse case arises in Indian Country, there is another level of complexity with an array of additional considerations that must be contemplated by professionals. These issues must be recognized prior to conducting an interview, and all persons with investigative responsibility should seek special training. Such training may include jurisdictional issues, tribal judicial practices, local history, specific legislation pertaining to child sexual abuse in Indian Country, and local cultural issues. Interviewers of children in Indian Country cases should seek clarification from Native professionals when confusing issues arise. Interviewers must understand themselves culturally in order to understand the value placed on culture in Native communities. Native representation in training, on multidisciplinary teams and in investigations of child abuse cases is imperative.</p><p>REFERENCES</p><p>Ceci, S.J., & Bruck, M. (1993). The suggestibility of the child witness: A historical review and synthesis. Psychological Bulletin, 113, 403-439. Ceci, S.J. (1997). Children's Suggestibility in the Courtroom. Presentation for the Department of Human </p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. 8 Interviewing Native Children in Child Sexual Abuse Cases</p><p>Services, Thornton, CO. Davis, D. (1997). Interviewing disabled victims about sexual abuse. Presentation at the San Diego Conference on Responding to Child Maltreatment, San Diego, CA. Dinges, N., Trimble, J., Manson, S., & Pasquale, F., (1981). Counseling and psychotherapy with American Indians and Alaska Natives. In A. Marsells & P. Pederson (eds), Cross-cultural counseling and psychology: Foundations, evaluation, and cultural considerations (pp. 243-276). Elmsford NY: Pergamon. Duran, E. & B. Duran, (1995). Native American postcolonial psychology (pp. 14-17). New York: State University of New York Press. Goodwin, G.S., Bottoms, B.L., Rudy, L., & Schwartz-Kenney, B.M. (1991). Children's testimony about a stressful event: Improving children's reports. Journal of Narrative and Life History, 1, 69-99. Kail, R. (1990). The development of memory in children. New York: Freeman. Reed, L.D. (1993). Enhancing Children's Resistance to Misleading Questions during Forensic Interviews. APSAC Advisor, 6, 3-8. Runyan, D.K. 91993). The emotional impact of societal intervention into child abuse. In G.D. Goodman & B. L. Bottoms (Eds.), Child victims, child witnesses: Understanding and improving children's testimony, (pp. 147-168). New York: Guilford. Saywitch, K.J. (1995). Improving children's testimony: The question, the answer, and the environment. In M.S. Zaragoza, J.R. Graham, G.C.N. Hall, R. Hirschman, & Y.S. Ben-Porath (Eds.), Memory and Testimony in the Child Witness (pp. 113-140). Thousand Oaks, CA: Sage. Sorenson, E., B.L. Bottoms, & A. Perona (1997). Handbook on Intake and Forensic Interviewing in the Children's Advocacy Center Setting (pp. 25-38). Washington, DC: Office of Juvenile Justice and Delinquency Prevention. Trimble, J.E., C.M. Flemming, F. Beauvais, and P. Jumper-Thurman (1996). In P.B. Pedersen, J.G. Draguns, W.J. Lonner & J.E. Trimble (Eds.) Counseling Across Cultures (pp. 183-205). Thousand Oaks, CA: Sage. Trimble, J.E. & Hayes, S.E. (1984). Mental health intervention in the psychological contexts of American Indian communities. In W. O'Conner & B. Lubin (Eds.), Ecological models: Applications to clinical and community mental health (pp. 293-321). New York: John Wiley. Walker, A.G. (1994). Handbook on Questioning Children: A Linguistic Perspective. Washington, DC: American Bar Association Center on Children and the Law. United States Department of Justice of the Attorney General. (1995). Attorney General Guidelines for Victim and Witness Assistance. Washington, DC: U.S. Government Printing Office.</p><p>Author</p><p>Roe Bubar, Esq. 5810 Greenwalt Lane Ft. Collins, CO 80524</p><p>Roe is an attorney and partner in a Native owned consulting firm, Bubar & Hall. Ms. Bubar works with state, federal, and tribal agencies and has worked extensively in Indian Country. She can be reached at (970) 416-1703.</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. RESOURCES</p><p>Office for Victims of Crime 810 Seventh Street, NW Washington, DC 20531 (202) 307-5983 http://www.ojp.usdoj.gov/ovc</p><p>Office for Victims of Crime Resource Center Box 6000 Rockville, MD 20849-6000 800-627-6872 http://www.ncjrs.org</p><p>Center on Child Abuse and Neglect CHO 3B-3406 940 NE 13th Street P.O. Box 26901 Oklahoma City, OK 73109 http://pediatrics.ouhsc.edu/ccan</p><p>Bureau of Indian Affairs Office of Tribal Services 1849 C Street, NW, MS 4603 Washington, DC 20240 (202) 208-2721 http://www.doi.gov/bia</p><p>Office of Justice Programs American Indian and Alaska Native Desk 810 Seventh Street, NW Washington, DC 20531 (202) 616-3205</p><p>Tribal Law and Policy Institute P.O. Box 460370 San Francisco, CA 94146 (415) 647-1755 http://www.tribal-institute.org</p><p>U.S. Department of Justice Office of Tribal Justice 10th and Constitution Ave., NW, Room 1509 Washington, DC 20530 (202) 514-8812</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. American Indian Development Associates Ms. Ada Pecos Melton 7301 Rosewood Court, NW Albuquerque, NM 87120 (505) 842-1122</p><p>National American Indian Court Judges Association 1301 Connecticut Avenue, NW Washington, D.C. 20036 (509) 422-6267 http://www.naicja.org</p><p>Native American Rights Fund 1506 Broadway Boulder, CO 80302 (303) 447-8760 http://www.narf.org</p><p>National CASA Association 100 W. Harrison St., North Tower #500 Seattle WA 98119 1-800-628-3233 http://www.casanet.org</p><p>National Children's Alliance 1319 F Street, NW, #1001 Washington, DC 20004 (800) 239-9950 http://www.nncac.org</p><p>Colorado State University Tri-Ethnic Center C138 Andrews G. Clark Ft. Collins, CO 80523 (970) 491-0251</p><p>Northern Plains Tribal Judicial Institute University of North Dakota Law School Box 9000 Grand Forks, ND 58202 (701) 777-6176</p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice. Native American Topic Specific Monograph Project Titles</p><p>Abusers Who Were Abused: Myths and Misunderstandings Dewey J. Ertz, Ph.D.</p><p>Community Readiness: A Promising Model for Community Healing Pam J. Thurman, Ph.D.</p><p>Confidentiality Issues in Victim Advocacy in Indian Country Eidell Wasserman, Ph.D.</p><p>Dealing with Disclosure of Child Sexual Abuse Eidell Wasserman, Ph.D.</p><p>The Differences Between Forensic Interviews & Clinical Interviews Jane F. Silovsky, Ph.D.</p><p>Guidelines for Child Advocacy Centers in Indian Country Eidell Wasserman, Ph.D. Roe Bubar, Esq. Teresa Cain</p><p>History of Victimization in Native Communities D. Subia BigFoot, Ph.D. </p><p>Interviewing Native Children in Sexual Abuse Cases Roe Bubar, Esq.</p><p>Memorandums of Understanding Between Indian Nations, Federal, and State Governments Jerry Gardner, Esq.</p><p>Native Americans and HIV/AIDS Irene Vernon, Ph.D.</p><p>An Overview of Elder Abuse in Indian Country Dave Baldridge Arnold Brown, Ph.D.</p><p>Psychological Evaluations Eidell Wasserman, Ph.D. Paul Dauphinais, Ph.D. </p><p>Public Law 280: Issues and Concerns Ada P. Melton, Esq. Jerry Gardner, Esq.</p><p>The Role of the Child Protection Team Eidell Wasserman, Ph.D.</p><p>The Role of Indian Tribal Courts in the Justice System B.J. Jones, Esq.</p><p>The Roles of Multidisciplinary Teams and Child Protection Teams Eidell Wasserman, Ph.D. </p><p>This document was prepared by The University of Oklahoma Health Sciences Center under grant number 97-VI-GX-0002 from the Office for Victims of Crime (OVC), U.S. Department of Justice.</p>