Summarize approach to forensic evaluation of children. Summarize approach to forensic evaluation of children



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Summarize approach to forensic evaluation of children.

  • Summarize approach to forensic evaluation of children.

  • Review relevant knowledge base on effects of childhood brain insult.

  • Illustrate with case examples.

  • Discuss issues involved in giving expert opinion.



Similarities

  • Similarities

  • Specify problems, contributing factors, treatment

  • Determine cognitive strengths and weaknesses

  • Determine if brain insult likely present



Specializes in providing and communicating

  • Specializes in providing and communicating

  • neuropsychological assessment and

  • research information for application to legal

  • questions, and as means for assisting triers

  • of fact (i.e., judge, jury, hearing officer).

  • Dennis, 1989; Giuliano et al., 1997



Knowledge of assessment methods and comprehensive approach

  • Knowledge of assessment methods and comprehensive approach

  • Knowledge of disorder in question

  • Circumspection in drawing conclusions

  • Willingness to deal with attorneys and defend judgments



Identify impairment

  • Identify impairment

  • Determine likely cause

  • Determine prognosis and needs

  • Dennis, 1989; Donders, 2005; Wills & Sweet, 2006



Lead exposure

  • Lead exposure

  • Brain injury due to accidents or medical treatment

  • Failure to identify/treat disease

  • Note that other potentially relevant areas of forensic

  • psychology not covered (e.g., educational

  • entitlement, competency, child custody).



Information on case and appropriateness

  • Information on case and appropriateness

  • Potential conflicts of interest.

  • Procedures, fees, understanding regarding patient feedback, assessment procedures

  • Credentials: CV

  • Letter of agreement from attorney

  • Records review (medical, school, depositions)



Contents of Assessment

  • Contents of Assessment

  • Parent interview

  • Child testing and behavior ratings using well-accepted methods (see list of tests)

  • Child interview and child status exam

  • Attorney feedback

  • Written report to attorney



Case Formulation: Determining if Brain Injury is Cause of Neuropsychological Impairment

  • Case Formulation: Determining if Brain Injury is Cause of Neuropsychological Impairment

  • Evidence for insult and credibility of symptoms: Is brain injury likely to have occurred and how severe was it?

  • Proportionality: Correspondence between severity of injury and degree of impairment?



Consistency of findings within test battery and with “real world” deficits: What is the underlying impairment and how is it manifest in everyday functioning?

  • Consistency of findings within test battery and with “real world” deficits: What is the underlying impairment and how is it manifest in everyday functioning?

  • Preexisting risk factors and base rates: Is there a family history of similar problems or a previous history of brain insult, and what is the likelihood of condition if not for injury?



Postinjury events: Could the impairment be due to other disease or injury occurring after the event, or present psychological factors unrelated to event?

  • Postinjury events: Could the impairment be due to other disease or injury occurring after the event, or present psychological factors unrelated to event?

  • Nature of relationship between insult and impairment: Is insult a direct or proximal cause (need to be only one) or only distal or indirect influence?

  • Arkes, 1989; Binder, 1997; Hartman, 1999; Lewin, 1998



Written Report

  • Written Report

  • Outline—see handout

  • Conclusions about nature of patient’s problems

  • Conclusions about causation and prognosis—see handouts

  • Recommendations—both short- and long-term intervention and monitoring; reasonable benefit



Little research on some conditions, age-related effects, and long-term outcomes

  • Little research on some conditions, age-related effects, and long-term outcomes

  • Limited validity of measures of injury severity

  • Effects of sensory-motor deficits, general inattentiveness, meds, environmental factors



What tests to give

  • What tests to give

  • What to include in report

  • Third party observers (see attached policy)

  • Detecting lack of effort, malingering

  • Opinions about children not seen and evaluations of others

  • Release of records, test security

  • Brown et al., 1993; Esssig et al., 2001; Ivnik et al., 2000; Kay, 1999; Larrabee, 2000;

  • Lees-Haley et al., 2005; Melton et al., 1999; Meyer et al., 2001; Otto & Heliburn, 2002;

  • Weiner, 1999







Common deficits: perceptual-motor skills, attention and executive functions, new memory & learning, processing speed, abstract reasoning, IQ

  • Common deficits: perceptual-motor skills, attention and executive functions, new memory & learning, processing speed, abstract reasoning, IQ

  • Common strengths: skills acquired through practice and repetition, performance on concrete tasks



Disease specific features or “modal profiles” (see appended listing)

  • Disease specific features or “modal profiles” (see appended listing)

  • Variable strengths and weaknesses, subject to moderating influences

  • Bellinger, 1995; Dennis, 2000; Yeates et al., 2000



Relevance of Impairment Rates:

  • Relevance of Impairment Rates:

  • Research Examples

  • Severe TBI: higher rates of special education (50% vs. 10%) and behavior problems (36% vs. 10%).

  • Meningitis: higher rates of perceptual motor deficits (21% vs. 3%), and grade repetition (23% vs. 9%).

  • <750g Birth Weight: higher rates of specific learning disabilities (40% vs. 20%), ADHD (26% vs. 5%).

  • Schwartz et al., 2003; Taylor et al., 1995, 1997, 1998, 2004



Conclusions from Research on Outcomes of Childhood Brain Insults

  • Conclusions from Research on Outcomes of Childhood Brain Insults

  • Early neurological insults usually diffuse rather than focal.

  • Lateralization of function less specific for focal lesions.

  • Disease/injury severity predicts outcome.



Injury variables are more closely associated with some outcomes than others.

  • Injury variables are more closely associated with some outcomes than others.

  • Effects of injury may be moderated by environmental factors.

  • Bates & Roe, 2001; Bellinger, 1995; Dennis, 2000, Taylor & Alden, 1997; Taylor

  • et al., 1998, 1999, 2002, 2004; Yeates et al., 1997



Conclusions from Research on Age

  • Conclusions from Research on Age

  • Related Influences on Outcomes

  • Skills develop following insults but deficits persist (cognitive functioning, learning and behavior all affected).

  • Evidence for both improvement in early developing skills and increasing deficits at later ages, but pattern varies with type of skill.

  • Effects on development may vary with environmental factors.



Moderating Influences on Developmental Change After Childhood Brain Insults

  • Moderating Influences on Developmental Change After Childhood Brain Insults

  • Poorer cognitive recovery in younger children with diffuse insults.

  • Either “catch-up” growth or increasing deficits can be observed over time depending on environmental factors.

  • Kolb & Gibb, 2001; Taylor & Alden, 1997; Taylor et al., 2000; Taylor et al., 2004



Prognosis After Childhood Brain Insults

  • Prognosis After Childhood Brain Insults

  • May be more difficult to predict in very young children, except in cases of severe impairment

  • Likely depends on subsequent experiences.

  • Children with premorbid learning and behavior problems may be at higher risk.

  • Neuropsychological deficits related to school-age learning and behavior problems.

  • Donders, 2005; Schwartz et al., 2003; Litt et al., 2004



Adult Outcomes

  • Adult Outcomes

    • Deficits remain in adulthood.
    • Outcomes worse for children with education problems during school-age years.
    • Negative effects on employment and behavior.
    • Low IQ and physical handicaps predict difficulties in independent functioning.
    • Baydar et al., 1993; Brooks-Gunn et al., 1993; Hack et al., 2002; Haupt et al., 1994; Kerns et al.,
    • 1997; Klapper L& Birch, 1966; Schwartz et al., 2003; Taylor et al., 2000; Stancin et al., 2002;
    • Klebanov et al., 1994; Klonoff et al., 1993; Richardson & Koller, 1996


Adverse Effects on Families

  • Adverse Effects on Families

  • Increased parent psychological distress (TBI)

  • Increase family burden and stress due to child’s problem and impact on rest of family (TBI, Low Birth Weight)

  • Adverse family effects associated with more negative behavioral outcomes

  • Burgess et al., 1999; Taylor et al., 1995; Taylor et al., 2001; Wade et al., 1998, 2002



Be frank; know facts and competence.

  • Be frank; know facts and competence.

  • Be ready to discuss logic of testing and interpretations in layman’s terms and based on research findings.

  • Avoid speculations; be careful not to over-generalize; focus on individual.

  • Ask for repetition and clarification; avoid tacit agreement with presuppositions embedded in questions.



Criticisms of Method Skeptics

  • Criticisms of Method Skeptics

  • Assessment not standardized.

  • Experience not associated with judgmental accuracy.

  • Clinical inferences subject to bias.

  • Lack of information on base rates.

  • Limitations in predicting real-world competence.

  • Giuliano et al., 1997; Heilbrun, 1992; Ziskin, 1995



In Response, Emphasize that Assessment More than Individual Test Findings

  • In Response, Emphasize that Assessment More than Individual Test Findings

  • Assessment based on multiple methods.

  • Unique information yielded by different methods (type of test, source of information), and each method has strengths and limitations.

  • Meyer et al., 2001



Be frank about basis of judgments.

  • Be frank about basis of judgments.

  • Consider alternative explanations and multiple influences on outcomes.

  • Consider source of information in weighing findings and drawing conclusions (objective vs. subjective).

  • Rely on relevant research literature.

  • Borum et al., 1993; Garb, 1998; Martelli et al., 1999; Sweet, 1999



Nerve-wracking but rewarding—encourage critical thinking and familiarity with research.

  • Nerve-wracking but rewarding—encourage critical thinking and familiarity with research.

  • Exposes “weakest links” in assessment (e.g., not exact science, multiple causality).

  • Also showcases strengths (objective, hypothesis-driven, evidence-based).

  • Emphasizes scientific methods, stimulates pursuit of further knowledge.



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