Haruv institute - Leading Principles in Trauma-Informed Child Representation

Leading Principles in Trauma-Informed Child Representation Writers Prof. Carmit Katz & Adv. Lidia Rabinovich Co-Writers Adv. Ofra Ben Meir & Dr. Cigal Knei-Paz

May 2025

Hebrew editing: Sarai Deitch English translation: Sarai Deitch

Graphic Design: Eli Deitch Print: Maor Wallach, Ltd Email for Feedback: ofrabm@haruv.org.il

Table of Content

5 . Introduction

8 . Key principles

1.. Building trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.. Strengthening the sense of control. . . . . . . . . . . . . . . . . . . . . . . . . . . 12

3.. Seeing the child’s needs and reacting appropriately. . . . . . . . . . . . 14

4.. Connecting to security and support anchors in the child’s life. 19

21 . Trauma-informed legal representation of infants and toddlers

22 . Trauma-informed legal representation for children with special needs

23 . How does child representation affect the representing lawyers?

23 . Summary and key points

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Leading Principles in Trauma-Informed Child Representation

Introduction

Every year, in Israel, we receive tens of thousands of reports about children who are at high risk or children who are victims of crimes. The Legal Aid Child Representation Unit (CRU), “A Lawyer of My Own,” within the Ministry of Justice, is entrusted with the delicate and complex process of representing these children in various legal proceedings, and promoting their rights, well-being, and welfare. The lawyers representing children on behalf of the CRU stand at a complex and challenging intersection between trauma and justice. On the one hand, children represented by the CRU have often experienced severe traumatic life events affecting their entire existence – their cognitive abilities and executive functioning, their ability to remember and recall memories, and their ability to regulate their emotions. On the other hand, these children face a legal proceeding that relies on evidence, rigid laws, and a dichotomous worldview (guilty or not guilty / good or bad / alternative care or community care). Addressing the legal proceedings through the prism of trauma is critical to enable children’s beneficial and effective participation in the justice system and to ensure that decisions made in their case promote their best interests. Children’s direct participation in legal proceedings must be adapted to their needs, derived from various displays of trauma.

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Traumatic experiences shake the child’s natural sense of security, overwhelm them with a sense of helplessness, and paralyze their normal coping mechanisms. Traumatized children, and especially those facing legal proceedings, deal with uncertainty, loss of control, and other difficult feelings. In-depth knowledge of the effects of trauma on children in different situations and developmental stages is essential so that the child’s representative can present before the court the unique way in which the specific child experiences the world and act to adapt the decision-making process in their case accordingly. At the outset of this document, it is important to clarify that although it lays out the principles of trauma-informed representation, each response must be examined in relation to the child in question, considering the child’s age, mental state, level of understanding, and so forth. Children’s right to participate in decision-making processes affecting their lives is enshrined in the Convention on the Rights of the Child (art. 12). It requires providing children with child-friendly information about the legal proceeding, listening to children’s feelings and opinions, giving weight to their wishes and requests when making decisions, as well as providing feedback on the ongoing legal process. Children also have the right that decisions made in their case are consistent with their best interests. Although the “best interests of the child” is sometimes perceived as a controversial or ambiguous concept, the currently accepted interpretation is that it is a distinctive right, as well as an overarching principle and a procedural right. Therefore, fulfilling the best interests of the child in legal proceedings requires not only the effective participation of children but also other aspects of the right to access justice (the ability to present evidence, question witnesses, appeal, and be represented). It is also crucial that the court is presented with the child’s worldview, and not only their declared wishes or standpoints, and that both aspects be given a central role in the proceedings and the decisions made.

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Nevertheless, participation is the child’s right (and not obligation) and, therefore, should be adapted to the wishes, needs, and abilities of each child. It is important to allow the child to choose if, how, and to what extent they wish to participate directly in the proceeding, according to the circumstances of the case and their personal characteristics. The ways in which children share and participate will vary according to the child’s chronological and developmental age. However, one can learn about children and what they need/want at any age. Some will participate through direct dialogue and some will tell us about their needs through their behavior (for additional information on this aspect, see the end of the document). A trauma-informed approach, which identifies displays of trauma and responds to them appropriately, can significantly change the relationship between the child and their lawyer as well as the child’s experience in the legal proceeding. When children feel that control over their lives is being restored and that they have the tools to cope with the situation, their feelings of helplessness may diminish. Improving children’s access to justice may create an opportunity for processes of growth and resilience development. The current document aims to highlight key principles in trauma informed child representation. It is crucial to apply them in all interactions taking place with and on behalf of the child. These principles have the power not only to support children in legal proceedings but also to promote their resilience, help them cope with their traumatic experiences, and promote their rights that their best interests are the paramount consideration in the decision-making process affecting their lives. Trauma-informed child representation takes into account the impact an encounter with an abused and traumatized child has on the lawyers themselves. Understanding these processes is very important in order to help the lawyer represent the child in the most professional manner (for more information on this topic, see the end of the document).

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The current document was created as part of an in-depth training on “trauma-informed child representation,” the result of the cooperation between the CRU and the Haruv Institute. It is intended to serve as a practical work tool for lawyers representing children on behalf of the CRU in all legal proceedings.

Key principles

1. Building trust • Establishing a relationship: Establishing a relationship between the child and their lawyer, which is based on trust, is a complex process for children who have been harmed by adults. We, therefore, expect to see the child reacting to their relationship with the lawyer in a variety of manners. All responses should be recognized as appropriate within this context. The lawyer should not be alarmed by them but rather validate them during the conversation with the child. The lawyer must employ a great degree of patience during the process of establishing the relationship. – Idea for practice: Tell the child that you are here to help them. If they express hesitation/suspicion/opposition, you should validate these expressions and tell the child that you understand very well their difficulty in trusting you and that you will do everything in your power to prove to them that you deserve their trust and are here for them. • Communicating your role to the child: The child has met many adults in their short life who claimed to care for them. Some of them were the very adults who harmed the child; some were representatives of state institutions. Therefore, in trauma informed child representation, it is necessary to know that

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the child may interpret the term “concern” according to past experiences, which are often adverse. Accordingly, in order to establish trust with the child, it is necessary to explain to them what is unique about your role. – Idea for practice: “There are many people who care about you (parents, boarding school, and social worker). My job is to listen to you and hear what you think is best for you. I will also help you voice your opinion to other adults” (including the judge). • Transparency: It is important to have an open and sincere dialogue with the child. Ask them about what they would like to happen in the legal proceeding and what is important to them. Explain the legal process to the child in simple and direct language (do not use complex legal terms). It is very important that at any given moment, the child knows what has already happened, what is expected to happen in the next stages of the legal proceeding, and what you will do in the proceeding. Even when it is unpleasant, convey information to the child that may upset or anger them. Make sure to also inform the child about things that will happen against their will, present to them the available options and explain what you, as their representative, can do to promote these options. – Idea for practice: Ask the child to repeat what you talked about, to make sure they understood correctly. This way, you can ensure that the child does not nod without fully understanding the situation. • Modeling a positive relationship: Objectification is often a significant dimension of traumatic experiences. The child’s wishes, needs, and feelings are not seen, nor validated. This feeling of objectification may accompany the child for years into their adult life and may have serious consequences for their sense of self-worth and self-attributions. Studies show that any positive

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and consistent relationship that sees the child as a subject has tremendous potential for correcting the feeling of objectification and helping the child see themself as a subject. Therefore, behave with respect, patience, and understanding in order to present the child with a model of a healthy relationship with an adult figure. – Idea for practice: Avoid authoritarian behavior or information overload. Behave and respond consistently to provide a sense of security. Demonstrate a genuine interest in the child’s feelings and thoughts and avoid indications of impatience or being pressured for time (for example, looking at the clock or interrupting in the middle of things). • Providing the child with clear information about the legal process: Traumatic life experiences and legal proceedings have significant potential to open a chasm between the familiar past and the uncertain future. It is important to remember that even when children experience severe maltreatment in their home and family, this is still their home, and they may like many aspects of it. The legal process holds the possibility of deepening the chasm created by the trauma and introducing more insecurity, instability, and uncertainty into their already troubled lives. Therefore, it is very important to introduce as many elements as possible that may provide a sense of security and certainty to your relationship with the child. – Idea for practice: Start each meeting with an explanation of the topics to be discussed. End each meeting by coordinating expectations regarding what comes next in your relationship, the date of the next meeting, what is expected to be discussed, and what you intend to do in the interim period as part of the legal representation.

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– Idea for practice: It is advisable to help the child establish an understanding of the legal proceedings schedule and, in appropriate cases, to use visual tools such as diagrams or images. If possible, it is worth specifying the expected timeframe of each step. • Avoiding promises: Be realistic about the results of the legal proceedings and avoid making promises that are not certain to be fulfilled. Victims of trauma are especially sensitive to broken promises, and this may negatively affect the trust-building process between you. Do not be afraid to say honestly, “I don’t know.” What you can guarantee is that you will always be honest with the child and that as soon as you know something new, you will update them as soon as possible. It is also worth addressing reality in terms of your power limitations within the legal system. For example, the child must be prepared for the possibility that the court will make decisions that differ from your legal representation strategy and the child’s wishes. It is important to tell the child that your opinion may differ from theirs regarding what is best for them. Nevertheless, you will want to hear them and make their voice heard, but simultaneously, try to explain to them that it is your job to give them the best legal advice. – Idea for practice: When talking about the legal process, a process which has uncertain outcomes, say, “Look, it could happen that […] and it could be that […]. I can’t promise what will happen in the end, but I will do everything I can to help.” / “I really don’t know yet, but as soon as I know something new, I promise to update you immediately.” – “The court ruled differently than what you/we wanted to happen. I know you are angry/sad. We will continue to think about how to deal with the new situation.”

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– “I know you really want to stay with dad and to be at home and not in a boarding school. I understand that very well, but I think that at the moment the conditions at dad’s place are not good enough to look after you.” When talking to teenagers, you may add more “legal” arguments, such as referring to the chances of success in the legal proceeding, to the foundation of evidence that needs to be laid before the court, and the chances of appeal.

• Receiving feedback from the child: Receiving continuous feedback from the child throughout the entire proceeding is important for their ability to trust you and build a lasting and developing relationship, which in turn may lead to a

better legal representation. Receiving feedback from the child illustrates the reciprocity of the dialogue we want to have with the child throughout their legal representation. You give the child information and advice on the legal process, and in turn, they respond and share their fears, desires, hopes, and needs – and together, you formulate ways of coping. Consistent and transparent feedback gives the child a feeling of presence and support, of “being seen,” and this can help them build trust towards other adults and support systems. Additionally, children who understand the processes they are going through may become less anxious about their future and be more likely to cooperate with beneficial strategies. Feedback that explains the reasons for the decisions made and the next steps in the process helps children deal with their difficult reality. – Idea for practice: Try to emphasize the child’s part and the junctions in which their opinion was heard and taken into account, even if the result was not as they requested. For example, “After I explained to the court what you asked for, the judge decided to... The judge made this decision because they thought it would help you and your siblings the most. He said that...” / “You told me how important it is for you to

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stay at home and to keep in touch with your parents. The court decided that you would not be able to continue living at home because they thought it was not safe enough for you right now. However, they took into account what is important to you, and you will be able to meet with your parents every... at... and we can address the court later if we see a change…” / “The decision you received in court is not the result we were hoping for, but we can try to file an appeal…”

2. Strengthening the sense of control

• Explaining the broad meaning of participation and representation: Children who have been harmed by adults may misinterpret statements such as “I represent you” and “I will make sure your voice is heard” or “It is your choice” and “You are a partner in making your life decisions.” Therefore, make sure you clarify to the child what you mean by these things. It is also important to explain to the child that they can influence the decision-making process regarding their life in various ways and that their choices and desires are taken into account while weighing variables. – Idea for practice: “It is important to me that you know that your thoughts and feelings about what is best for you are crucial to me, and I am here to voice and represent your opinion and choices. I will also share with you what I think and what others think could be good for you.” – Giving choices: As mentioned, traumatic life experiences deprive the child of the ability to control or choose, rendering them helpless to what happens to them. It is therefore important to give the child as many opportunities as possible to feel in control of their life. One of the best ways to do so is by presenting them with choices. Every time we let the child

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choose, we grant them the experience to “affect the world” as an alternative to the feeling that “the world happens to them.” Empower the child by giving them freedom of choice during the legal proceedings, as much as possible, whether by presenting them with simple choices like “What would you like to discuss first?” or by giving the child the opportunity to make significant decisions in the legal strategy. Try to offer several alternatives. Even small choices, such as deciding on the meeting’s setting (e.g., to meet with the door open or closed, or whether to talk while sitting or while walking outside), can empower the child and give them a sense of security and control. At the same time, take into account that multiple choices overwhelm some children. One must be attentive and adapt the response to each child. – Idea for practice: Ask: “Do you prefer to meet in the morning or afternoon?” / “Would you like someone else to be present at the meeting?” / “Can I come to meet you at the boarding school?” These very questions teach the child that you see them, understand what is important to them, and want them to feel comfortable. • Reminding the child of their self-efficacy: The child’s sense of self-efficacy means how they regard themselves as having the power to act in this world. Often in traumatic situations, any ability to act is taken away from the child, and they are left helpless in dealing with the traumatic experiences. In order to help the child mend this difficult experience, it is crucial to promote their sense of self-efficacy. To this end, the child must be allowed to take an active part in what is happening around them and should be allowed to discover their many inherent strengths. Specifically, during legal proceedings, it is crucial to strengthen the child’s abilities and power to express their opinion and have an impact on the legal proceedings. It is also crucial to see and recognize small and great successes alike and to echo these in the child’s

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ears. A lawyer who represents a child for a long time has the great advantage of being present at significant junctures in the child’s life and can remind the child of their successes, the processes they underwent, and the challenges they overcame, thus connecting disconnected parts of the child’s life. – Idea for practice: You may say, for example, “I really appreciate your decision to take part in the hearing; it sounds like this is very important to you.” / “I really appreciate your willingness to come to the hearing and share with all of us what you feel and what is important to you.” 3. Seeing the child’s needs and reacting appropriately • Respecting boundaries: Respecting the child’s boundaries is extremely important from two different aspects: traumatic and cultural. First, in relation to the trauma prism, dialogue with children who underwent traumatic life experiences may be characterized by fragmented reports, the use of few words, and spontaneous demonstrations, as well as regressive and incoherent reports. The child may completely avoid sharing information about the traumatic experiences; they may remain silent and refuse to talk about them. This is especially true at the beginning of the relationship when trust with the new professional has yet to be built. It is important to respect the child’s pace and not push them to share information they are not yet ready to share. Second, considering the prism of culture, it is important to pay attention to the characteristics of the society in which the child is growing up. Different cultures, for example, promote different values in relation to emotional expression and cooperation. Closed societies, where the rules and norms are strict, may hinder the child and their family from discoursing and cooperating with entities outside their community. Children from certain societies are not used to being asked for their opinions and they will accept

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the adults’ decisions, particularly their parents. Therefore, the very idea of having their voices heard and influencing the decision making process (even more so the idea of legal representation, independent from their parents or other authority figures), may seem alien to some children from a cultural viewpoint. It is possible that they will not know how to react and will respond in silence or bewilderment. – Idea for practice: When talking about sensitive issues, explain why it is important to discuss the topic and how this will help promote the child’s interests in the legal proceedings. Say for example, “I need to understand this part of your story in order to represent you better in court. You can share with me what you feel comfortable talking about.” / “Many times, children and adults see things differently, and that’s okay.” – Be sure to coordinate a meeting with the child in advance and make sure they are comfortable with the chosen location, whether it is in the child’s private room (at home / boarding school) or in a public space at home or outside. • Avoiding physical contact: Physical contact, even the gentlest, such as a light touch on the back, can be a traumatic trigger for trauma victims. Try to be attentive to the child’s body language and always ask permission before you initiate physical contact. – Idea for practice: Instead of physical contact, use reinforcing words like “I’m here for you” or body language like nodding and maintaining eye contact. Address the child by their name throughout the conversation and express empathy to show support. • Patience and sensitivity: Traumatized children can exhibit challenging behaviors, such as shutting down, avoiding eye contact, engaging with their cellphones, throwing tantrums, and

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testing boundaries. It is important to examine the child’s reactions and emotional regulation and to respond appropriately and with sensitivity to their regulation levels. Some children may be upset, so it will be important to accompany the child’s behavior with words, for example, “I see that you are very upset” or “I see that you really want to leave the room.” Try to be patient and maintain a calm and steady presence. – Idea for practice: If a child begins showing resistance or physical difficulties (e.g., hyperactivity/restlessness, nail biting, or aggression), stop and acknowledge their feelings. Say something like “It seems like you’re having a hard time continuing the conversation right now. What can help you? Would you like a short break and we’ll get back to talking about the topic / we’ll get back to the meeting later.” This will help the child understand that the lawyer sees them expressing their distress through their behavior and physical needs. • Legitimizing the children’s emotional expressions: Children can react to difficult news in different ways. They may freeze and not respond; they may be upset, get agitated, or misbehave. Children may burst into tears; they may laugh and ask to continue playing. From the perspective of trauma, every reaction is legitimate and lays the foundation for continuing the relationship with the child. It is important to allow the child to express every emotion, validate them, and make them feel visible. It is important to let them express their feelings spontaneously and authentically, to let them feel that there is room for everything, and to convey to them that we are here with them to help them and that we are not leaving them alone.

– Idea for practice: You can say, for example, “Different people deal with difficult things in different ways. You are allowed to

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cry/shout/laugh...” or “I am here to listen to you and help you. Here, you are allowed to talk about and say anything.”

• Diminished emotional and cognitive expressions: Trauma has a diminishing effect. Sometimes we will get a description from the child that will sound emotionless, distant, and detached, even though the facts are difficult. This is because trauma can reduce the victim’s emotional range and can affect how they report the trauma. From a cognitive perspective, sometimes the child’s description will be a “flat” and linear explanation, as if one thing led to another (“because I did this, then that happened”). Sometimes, we will receive an explanation lacking any complexity, which instead minimizes or even eliminates the abuse or holds dramatic splits in the story between good and bad. It is important to recognize these types of descriptions as representations of the impact of the trauma on the child. It is also important to “translate” these various effects to the court, to prevent misinterpretation of the child’s responses. • Negative self-attributions: Children who experience continuous abuse, especially when the abuser is a close family member, have to face the unbearable reality of depending on an adult who, on the one hand, is benevolent and takes care of them and, on the other hand, harms them. In order to maintain coherence and internal logic in this reality, children tend to blame themselves for the situation and even justify the aggressor, defend them, and internalize the aggression towards them, for example, “Dad beats me occasionally, but only because it is important to him that I be a good student.” Feelings of guilt and shame and taking responsibility for the abuse are inherent reactions to abuse from a loved one. In some cases, this creates a self-image of a damaged being, as a kind of explanation the person gives themself for what is happening, for example, “Something is wrong with me, that’s why this is

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happening to me.” Additionally, many children may feel complicit in the actions, for example, because of the abuse dynamics or the child’s response patterns. These children may feel guilty for not resisting or running away from the situation (even though they had no such option) and ashamed of what happened to them. Children who feel this way may find it difficult to participate in legal proceedings; they may try to minimize the abuse and its consequences and even deny it. – Idea for practice: Validating children in these difficult situations is the most important practice and, surprisingly, also the simplest. Validation means echoing the child’s feelings and thoughts. Validation also includes strengthening the child and thanking them for helping us understand them. For example: “It is completely natural for you to be afraid... many children are afraid of such a change...” / “Thank you for helping me understand better why it is important for you to study at a boarding school.” / “Thank you for explaining to me about your situation and that of your siblings.” understand very well why you feel that you have to stay at home and help your mother with your younger siblings. It is important that you know that it is our job, the adults, to take care of them.” – Idea for practice: When it seems that the child is caught up in justifying and defending the aggressor, it is important not to confront or argue with the child, but rather to validate their feelings and say: “You really want to help me understand how much your parents are good to you and love you. I am listening and hearing how important they are to you and how much you love them.” – Idea for practice: In relation to feelings of guilt or responsibility that children may feel, you can say: “I

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• Coping with trauma triggers: A trauma trigger is essentially a reference to trauma that may be evoked by smell, taste, color, appearance, an object, a certain situation, the posture of the body, etc. Through these sensory channels, the trigger resurfaces the trauma back into the child’s consciousness, in an intrusive, intense, and uncontrollable manner. Children who have experienced traumatic events may often react with great distress towards events that anyone outside the situation may perceive as minor or insignificant, yet these are trauma triggers for the child. Therefore, identifying, understanding, and responding appropriately to these trauma events is essential to understand the child’s vulnerability and help them regain control over their body and emotions. • Preparing the child to deal with trauma triggers: If it is expected that the child will encounter trauma triggers at any point in the legal proceedings and representation (and there is no way to avoid them), the child must be prepared for this possibility and asked what they will need in order to better cope with that trigger. – Idea for practice: Try to stay attentive to non-verbal expressions of distress, such as crying. Alternatively, the child’s detachment or maladaptive affect may indicate that a dissociative experience has been triggered. Pay attention to body language and behaviors that seem simple but may carry a deep meaning. When you see a change that feels like a reaction to a trauma trigger, you may address the child and say: “I see that... how are you? What can help you in this moment?” When emotional regulation is lacking, you can invite the child to drink water, breathe, or go for a short walk together, if appropriate. • Communicating trauma triggers to the system: It is important to raise awareness among other professionals involved in the legal proceeding (e.g., the court, attorneys, and representatives of the

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welfare services) of the broader context of the child’s response. By identifying and locating the trauma triggers, the lawyer can examine how it is possible to adapt the legal proceeding to the specific needs of the child, as well as explain and mediate the child’s reactions to the decision-makers in their case. – Idea for practice: You may see the child sitting with a hoodie on his head and reacting indifferently when you ask questions. The child does not do this because they are unconcerned but because they are facing the challenging situation of participating in a welfare decision-making committee in the presence of their parents and strange professionals, and it is difficult for them to talk about boarding school life. Communicate this to the other committee participants and make sure that no negative interpretation is attributed to the child’s behavior. In conclusion, identifying and mediating trauma triggers, and preparing the child for them, are ethical and humane requirements which can also encourage and promote a decision-making process that acknowledges the specific child’s reality and allows them to make their voice heard authentically and safely. 4. Connecting to security and support anchors in the child’s life • Mapping risk and resilience factors in the child’s life: Children’s abilities and motivation to participate in legal proceedings are based not only on personal factors such as age, individual development, and specific life experiences, but also on social factors. The intersection of identities, such as gender, ethnicity, and socioeconomic status (micro level factors) shape the unique life experiences of people and families and reflect systems and structures of favoritism and exclusion at the social level (macro

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level factors). Context-informed intervention is crucial in order to map the risk and resilience factors of the specific child and their family and design the interventions accordingly. Just as professionals must map the risk factors of all known or possible areas of child abuse, they must also map the resilience factors. By doing so, we can identify and locate supportive adults or supportive communities (e.g., teachers, family members, and significant figures in the religious community to which the child belongs) whom the child trusts and relies on. Besides the possibility that these factors will envelop and support the child during the proceeding, it is possible they may promote the child’s positive worldview by emphasizing the benevolent intentions of those in their environment. – Idea for practice: Ask the child “With whom do you feel safe?” and recruit these people so that they can support the child at critical moments during the legal proceedings. • Highlighting strengths: Children who are dealing with trauma may have difficulty seeing their strengths on their own. Reflect back to the child what personal qualities/strengths help them cope with the events. Point out to them their achievements, small and great alike, in order to promote a sense of self-efficacy. – Idea for practice: Remind the child of how they dealt with difficult and challenging situations in the past and how they overcame them. Strengthen the child’s ability to express their opinions within the framework of the proceeding.

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Trauma-informed legal representation of infants and toddlers

Young children have different ways of showing us what they feel, doing so mostly through behavioral displays rather than words. Nevertheless, concepts such as “participation,” “voicing one’s voice,” and “representation” of young children are possible when the lawyer knows how to recognize the reaction of infants and toddlers to trauma, as these are often attributed to the age of the child and not to their life circumstances. To represent young children faithfully, it is necessary to collect information from those who meet the child on a daily basis (such as a daycare center) and observe the child’s responses to their environment and the adults who care for them. Infants respond to what happens in their lives through daily actions such as sleeping, eating, and defecating, and through their attachment patterns to adults such as clinging, avoiding, crying, and showing distress. Observing or having information indicating delays or withdrawal in the toddler’s expression of curiosity and inquisitiveness towards their surroundings can also testify to their condition. Even at these ages, it is important to identify trauma triggers in response to the encounter with the abusive adult (e.g., crying that cannot be soothed, turning their head away, etc.). When representing infants and toddlers, the lawyer must consider the long-term implications of the present risk for the child’s future development. It is desirable to anchor the legal representation in references to validated research. • Trauma-informed discourse with young children: It is possible to mediate even to very young children and babies what is happening in their lives. You can represent their voices and tell them what the lawyer is going to do in their case. Even if they do

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not understand the words, they feel the tone. Talking with them gives meaning to what they may feel but have not got the words to express. It is important for the lawyer to explain to the child in simple terms what is required of them at their age (e.g., going to kindergarten) and which of the child’s developmental needs were not met. Try to emphasize the parent’s good intentions and the things they cannot provide at this time (when it is possible to do so authentically). – Idea for Practice: You can tell a baby that a decision has been made to take them to a foster home: “Your parents love you, but it’s hard for them to take care of you right now. You need them to feed you and know how to calm you down. You’re moving to a new family that can take care of you and give you everything you need.”

Trauma-informed legal representation for children with special needs

It is sometimes assumed that children with special needs or developmental delays cannot relay their positions in an authentic manner and therefore they may not be able to participate effectively in decision-making processes. It is crucial to understand that all children, including those coping with difficulties in language, movement, and understanding of social situations, need benevolent and safe relationships and they definitely feel when they are hurt. Trauma-informed legal representation of these children should address their unique needs and the fact that precisely because of their vulnerability they require representation of their need for protection and security.

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Moreover, trauma-informed legal representation of children with developmental delays should take into account that the developmental delays themselves may be a product of the trauma.

How does child representation affect the representing lawyers?

Trauma-informed child representation takes into account the impact the encounter with traumatized children has on the legal representatives themselves. The daily encounter with at-risk children who have been abused by adults who were supposed to take care of them is a risk factor for secondary traumatization. The weight of responsibility in making fateful decisions regarding the minor and the need to represent them faithfully can also exact a high emotional price on the legal representative. Therefore, it is important that the representative receives support, training, and guidance during the process, to share the burden of responsibility, examine the professionalism of the process, and observe their own feelings – which affect their professional representation. This reflective observation is not a luxury but rather a necessity in order to protect the lawyer from burnout and secondary traumatization and to optimize the decision making process for the child client.

Summary and key points

This document anchors the main principles of a trauma-informed approach to child representation, based on the most up-to-date empirical and theoretical research available in Israel and around the world. Trauma-informed representation of children aims to ensure

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that children who have been harmed receive recognition of the unique needs of their trauma at all stages of the legal proceeding, including within the relationship between the child and the representing lawyer. This approach promotes the child’s well-being, strengthens their sense of self-efficacy, and allows them to participate meaningfully and effectively in the proceedings concerning their life. The leading principles include building trust with the child, maintaining transparency, and giving them the right to choose while protecting the specific child’s wishes and boundaries. In addition, emphasis is placed on the need to prepare the child for the legal proceeding, while presenting information in an accessible manner and supporting the child with sensitivity and attentiveness to their emotional responses and feelings of helplessness that may arise during their interaction with the legal and child protection systems. The principles and practical tools outlined in this document are relevant to lawyers representing children of any age , in any developmental state, and in any legal proceeding . Trauma-informed child representation also requires recognizing the emotional effects that the representatives themselves may experience, which is why the emotional and professional support of lawyers is important.

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Haruv Institute, The Hebrew University, Mount Scopus, Jerusalem 9765418 Tel: 972-77-5150300 • Fax: 077-5150304

haruvinstitute www.haruv.org.il

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