Forensic Issues with Non-Offending Guardians

What is a Nonoffending Guardian?

Nonoffending Guardians are also referred to as Nonoffending Parents, or even more generally as Nonoffending Caregivers. For this Wweb site section, the term Nonoffending Guardian has been chosen which as it indicates one who has relatively long-term care of a child, (not simply a baby sitter or day care worker). In addition to parents, This termrole may possibly include others, in addition to parents (such as grandparents with custody). In practical terms, Nonoffending Guardianthis refers to the legal guardian, of an abused child, who did not actively participate in the abuse of that child. When referring generally to this role, feminine pronouns will be used throughout this text, although a Nonoffending Guardian can certainly be either male or female.also be male as well.

The Nonoffending Guardian as the Single Biggest Resource of Information

It is crucial to engage the Nonoffending Guardian early on in the process. Among other things, Nonoffending Guardians are usually the richest source of information about their child’s functioning and history. One helpful way to engage the interest and assistance of the a Nonoffending Guardian in a positive manner is to involve her in compiling the child’s history. The That collection of history is helpful will to be used for assessment and/or treatment purposes directed forat the alleged child victim. Including the Nonoffending Guardian in the process from the beginning can provide that Guardianher with a sense of purpose and involvement, which is often a positive step toward properly assessing and/or treating the alleged child victim. A useful initial involvement in theis process with the Nonoffending Guardian is to obtain a genogram. A genogram is a visual/schematic outline of family relationships. Genograms can also record other important information, such as who in the family has a previous history of; sexual abuse, sexual offenses, substance abuse, domestic violence, mental illness, criminal history, etc., etc. Most persons find talking about themselves and their family a positive experience if the interviewer remains non-judgmental and interested in the interviewee . The genogramIt also provides a wealth of information that can prove helpful in this process.

Genograms then lend themselves naturally to a discussion of family history, starting with the Nonoffending Guardian’s childhood and working forward in time to the present circumstances. A timeline is another way for the family history to be schematically represented, This can also be schematically represented through the concept of a timeline which showings the Nonoffending Guardian’s life on a horizontal line with significant impacts written at a diagonal angle (Murdoch & Lewis, 2000).

Historical data that may be relevant to the child is important to explore. Areas of significance might include such things as:

• Nonoffending Guardian’s family of origin issues
• Nonoffending Guardian’s support systems
• Relationship of the child victim to others
• Nonoffending Guardian’s relationship(s) with partner(s)
• Nonoffending Guardian’s work history
• Layout and daily habits of family in sleeping/eating/bathing, etc.
• Economic status of family and level of economic dependency on alleged offender
• Current available housing
• History of family violence, including:; violence by alleged offender to children, violence of alleged offender to Nonoffending Guardian, violence of Nonoffending Guardian to children, neighborhood violence, and violence between the children
• Substance abuse of either parent
• Signs of "enmeshment" or "lack of boundaries"
• Signs of family detachment or fragmentation
• Power balance in family
• Influence of cultural factors
• History of sexual behaviors of family members
• History of involvement with mental health community (i.e., counseling, hospitalization, drug treatment)

Specific to information about the child, the Nonoffending Guardian can provide a history of:

• Prenatal/birth history
• Developmental history
• Health history
• Educational progress
• Language development and current skills (relevant to interviewing child)
• Physical trauma history of child
• Emotional trauma history of child
• History and current level of social skills of child
• History and current level of emotional functioning
• Timing of any changes in functioning relative to timing of suspected abuse
• Estimated cognitive levels of child

The Nonoffending Guardian is also apt to be one of the best sources of information about current emotional/behavioral symptoms. Areas most relevant to possible abuse issues would include such things as:

• Unusual reactions to medical exams/treatment
• Excessive day dreaming
• Frequent or severe nightmares involving child in a victim role
• Problems in concentration, especially with sudden onset
• Avoidance and fearful behaviors
• Bed- wetting or wetting clothes AFTER toilet training is completed
• Fecal soiling AFTER toilet training is completed
• Frequent psychosomatic complaints
• Genitourinary complaints
• History of ANY sexually transmitted diseases
• Runaway behavior in teenagers
• Promiscuous or provocative behaviors in child
• Eating disorders
• Depression
• Sexual play with other children
• Excessive masturbation
• Excessive anger outbursts without other clear cause
• Self- harm, particularly in teenagers
• Changes in bedtime routine, such as wearing layers of clothing to bed or reluctance to sleep alone
• Increase in general anxiety not previously present

Other data obtainable from a Nonoffending Guardian may vary by training and habits of interviewers. The primary point is to remember is that no one knows the details of a child like the Nonoffending Guardian. The encouragement of an appropriate parental role is a potential first step in a successful intervention process. To avoid the Nonoffending Guardian, or to place them in a negative light, may serve to severely hinder the intervention process and inevitably cause further problems for the child.