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ChildrenShouldbePermittedtoTestifyinCPS.pdf

Why Children Should be Permitted to Testify in Child Protection Court Hearings

 Judge’s observation of the child may help a judge more

fully understand a child’s condition or special needs

 Judge may get the opportunity to observe interaction

between child and caretaker (positive or negative)

 Children/youth may have information that others may not

have concerning relatives, other possible placements, and

others who can provide supports to the family

 Children can respond to issues/questions raised at court

hearings, which can save time and move case forward

 Appearance, demeanor, and verbal/nonverbal

communication can provide information and perspective

 Children can clarify issues related to their school,

schedules, health issues, and therapy

 Youth/child may not feel so disconnected

 Youth/child may demystify the proceedings and children

have a better understanding of process and law

 Youth hears information directly, not 2nd or 3rd hand

 In some cases, youth may not have believed or trusted

what the caseworker said; now they hear it directly from

the judge, improving the caseworker’s credibility

 Letting the youth have input into the decision and then

hearing the rationale for the decision directly from judge

can help youth understand judge’s thinking and increases

chances that youth will accept the judge’s decisions

 Helps youth develop the decision-making and negotiating

skills needed to be self-reliant

 Listening to others present information in court may

improve youth’s opinion of who is credible

 Being able to provide information directly improves

accuracy

 May improve quality and timeliness of decisions