Re: How protected are DHS case workers?
I have a lot of questions regarding this post. If these records are available, why hasn't this been dealt with, already? Who taped these sessions? If someone is being charged with a crime and the child's testimony is being used to convict, why isn't the defense counsel getting this information?
Normally, you'd have to show the caseworker acted outside of his/her position to go after them, directly. If it is a judgment call, I'd be surprised if that case could be made. If the caseworker is acting maliciously, that would be different. Why is the case worker doing this?
In my line of work, it is very difficult to get kids to testify against their parents or abusers. Doesn't matter if the parent or abuser was horrible, the kids don't want to testify. It's very frustrating for the workers to know that a child is not being treated well. Frequently, the child tells them all about it - but when it comes times to prove the case, the child changes the story. From a practical standpoint, it places the case worker in a difficult position. He/she is convinced the child is in a bad situation and has a duty to protect that child. At the same time, the only evidence is the child's testimony so if the child won't talk, the child gets left in a bad situation. I can see a case worker getting frustrated with a child who says one thing in private but refuses to testify to make the case. I can also see them being heavy handed - not defending it, but I can see it happening and understand why it would happen.
If a child is attacked by a stranger, that is one thing. They still don't want to testify because it is embarassing and scary. If a child is harmed by a family member (either through abuse or neglect), they not only are scared, they stand to lose their family. I am amazed at how many grandparents torment their grandkids to get them to change their testimony KNOWING that the child is telling the truth. In their hearts, the grandparents are convinced that the matter can be handled "in family" so they make a deal with the devil to coerce the child to change their story. Their intentions are good but the results are nearly always ghastly.
The only motivation I can see for a caseworker to try to get a child to testify a certain way would be if they actually believe that is the truth and because they are worried that the child will be in harm's way if they don't testify. Of course, the case worker could be dead wrong. The child could have lied to the caseworker, originally. I personally don't recall ever seeing a caseworker making up something out of whole cloth although I have seen them put a certain spin on facts that could have been interpreted differently. There are usually different versions of a story and rarely does anyone have a perfect right version - perception problems, memory problems, etc., result in witnesses seeing the same event in vastly different ways. An angry parent, a scared child, a disgusted socialworker and a concerned therapist may see the same thing and come away from it with a different take. Probably none of them have the perfect version.
Anyway you look at it, the child is screwed. The only kids who get much out of testifying are those that are angry at their abuser and feel empowered to look them in the eye and put them away.
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