Advanced Forensic Advanced Forensic Techniques in Child Custody Techniques in Child Custody

EvaluationsEvaluations

2008 2008 Family Dispute Resolution Statewide Family Dispute Resolution Statewide

Educational InstituteEducational InstitutePresented By:Presented By:

John K. Johnson, M.Phil-DPS and Mark Levin, MSJohn K. Johnson, M.Phil-DPS and Mark Levin, MS

IntroductionIntroduction

• Forensics investigations are the methodical Forensics investigations are the methodical gathering and analysis of evidence to gathering and analysis of evidence to establish facts that can be presented in a establish facts that can be presented in a legal proceeding. legal proceeding.

• In other words, an investigator interviews In other words, an investigator interviews people, gather’s collateral information, people, gather’s collateral information, analyzes the information, and presents that analyzes the information, and presents that information in the form of an investigation information in the form of an investigation report to the judge so the court can make report to the judge so the court can make informed decisions.informed decisions.

What’s the Goal of an What’s the Goal of an Investigation?Investigation?

• The goal of an investigation is set forth The goal of an investigation is set forth in California Rules of Court §5.220.in California Rules of Court §5.220.

• The Rule specifies: The Rule specifies: “The court orders a “The court orders a child custody investigation to assist child custody investigation to assist them in determining the health, safety, them in determining the health, safety, welfare, and best interest of children welfare, and best interest of children with regards to disputed custody and with regards to disputed custody and visitation issues.”visitation issues.”

So, You Have a Referral?So, You Have a Referral?

• Is it a Shotgun Blast?Is it a Shotgun Blast?

• Full Evaluation?Full Evaluation?

• Or, is it limited in scope?Or, is it limited in scope?

• Do you have your order appointing Do you have your order appointing Investigator?Investigator?

Now What?Now What?

• As a matter of preference, some As a matter of preference, some investigators’ like to first gather investigators’ like to first gather collateral information before they collateral information before they interview the first subject, yet; others interview the first subject, yet; others prefer to interview the subjects, and prefer to interview the subjects, and allow the interview information to allow the interview information to dictate the acquisition of collateral dictate the acquisition of collateral information needed.information needed.

• What process do you follow?What process do you follow?

What Now?What Now?

• As a forensic investigator, I prefer to As a forensic investigator, I prefer to gather what collateral information I gather what collateral information I can, given the time constraints, can, given the time constraints, before I interview the first subject.before I interview the first subject.

• Once the interview is completed, a Once the interview is completed, a new set of collateral information may new set of collateral information may be required.be required.

Collateral InformationCollateral Information

• The collateral information is the The collateral information is the backbone of the investigation.backbone of the investigation.

• Collaterals can include police reports Collaterals can include police reports (Master Index), CPS reports, school (Master Index), CPS reports, school records, medical records, CLETS, records, medical records, CLETS, home studies, observational studies, home studies, observational studies, CSART recordings, and of course, CSART recordings, and of course, forensic interviews of the subjects.forensic interviews of the subjects.

Forensic InterviewsForensic Interviews

• Like collateral acquisition, the Like collateral acquisition, the forensic interview is the cornerstone forensic interview is the cornerstone of the investigation. Your strength is of the investigation. Your strength is in your ability to elicit information in your ability to elicit information and analyze its relevancy.and analyze its relevancy.

• The key is to learn to be still and The key is to learn to be still and listen. Hurry-up and be quiet! listen. Hurry-up and be quiet!

• Put on your Poker face! Put on your Poker face!

Forensic InterviewsForensic Interviews

• Like a good salesperson, you control Like a good salesperson, you control the setting, situation and environment.the setting, situation and environment.

• Your power lies in the fact that they Your power lies in the fact that they don’t know what you know. Use this to don’t know what you know. Use this to your advantage…Allow them to feel your advantage…Allow them to feel that they are in control, yet use their that they are in control, yet use their preceptions to “walk them down the preceptions to “walk them down the garden path”.garden path”.

Forensic InterviewsForensic Interviews

• How do you present to the subject?How do you present to the subject?

• How do you gage your approach…How do you gage your approach…because it’s not always going to be because it’s not always going to be the same with each subject.the same with each subject.

• How you interpret their body How you interpret their body language or language or AffectAffect, is also very , is also very important and should be used as a important and should be used as a tool for further inquiry. tool for further inquiry.

Forensic InterviewsForensic Interviews

• Don’t be afraid to be creative!Don’t be afraid to be creative!• Don’t be afraid to be assertive! Don’t be afraid to be assertive! • Portray a sense of knowledge and Portray a sense of knowledge and

power necessary to root out power necessary to root out inaccurate or erroneous statements.inaccurate or erroneous statements.

• Remember, in forensic science, there Remember, in forensic science, there is a thread of truth in every is a thread of truth in every statement…It’s up to you to sew them statement…It’s up to you to sew them together.together.

Forensic InterviewsForensic Interviews

• How do you assess creditability in How do you assess creditability in Domestic Violence Cases?Domestic Violence Cases?

• One suggestion, use your forensic One suggestion, use your forensic interviewing tools, your observational interviewing tools, your observational skills, and your creativity to root out skills, and your creativity to root out information that lacks creditability. information that lacks creditability.

• What about histories…How do they What about histories…How do they come into play?come into play?

AnalysisAnalysis

• Now you have the collateral Now you have the collateral information, and have extensively information, and have extensively interviewed the subjects, now what?interviewed the subjects, now what?

• Analysis is what the judges are Analysis is what the judges are looking for.looking for.

• How is the collateral information, How is the collateral information, interviews and your experience interviews and your experience woven into the body of your report?woven into the body of your report?

AnalysisAnalysis

• If you cant prove it, it doesn't necessarily If you cant prove it, it doesn't necessarily mean it doesn't exist…mean it doesn't exist…

• How do you support information you can’t How do you support information you can’t prove?prove?

• That’s when your expert opinion comes That’s when your expert opinion comes in…like in Domestic Violence Cases.in…like in Domestic Violence Cases.

• You are the court’s expert…You provide You are the court’s expert…You provide the shades of grey in an otherwise world the shades of grey in an otherwise world of black and white.of black and white.

ConclusionConclusion

• Assuming everything is true, now what?Assuming everything is true, now what?• What does it all mean?What does it all mean?• Remember what the goal of the Remember what the goal of the

investigation is: To provide information investigation is: To provide information to the court to assist in determining the to the court to assist in determining the issues related to the health, safety, issues related to the health, safety, welfare and best interest of children in welfare and best interest of children in disputed custody and visitation cases.disputed custody and visitation cases.

Contact InformationContact Information

John K. Johnson, M.Phil-DPSJohn K. Johnson, M.Phil-DPS

john.johnson@madera.courts.ca.govjohn.johnson@madera.courts.ca.gov

(559) 675-7810(559) 675-7810

Mark Levin, MSMark Levin, MS

mark.levin@madera.courts.ca.govmark.levin@madera.courts.ca.gov

(559) 675-7611(559) 675-7611