Guest Post by Nebraska Appleseed Child Welfare Fellow, Jacey
Introduction
For many children, the courtroom is not just a place of justice; it is a place where trauma is relived. In child welfare cases, decisions are made that directly shape a child’s life, making it critical that youth voices, experiences, and perspectives are meaningfully heard. However, how these children are often asked to share their experience is by testifying in court and reliving that traumatic experience. It can cause more stress to the child during an already difficult time in their life. Research shows that court environments and legal procedures can trigger or worsen trauma, especially for individuals already experiencing emotional distress (Knoche et al., 2018). Nebraska’s child welfare system has an opportunity to strengthen protections for children while still preserving the due process rights that are foundational to the legal system.
Personal Experience
One of my personal experiences with courtroom trauma occurred when I was sixteen years old. After being removed from my mother’s care, I was required to testify about why she was unfit to take care of me.
I was already emotionally vulnerable, but sitting in front of my mom and explaining, to her face, how she had failed me made the experience even more overwhelming. I had never been in a courtroom before and didn’t know what to expect, which added to the fear.
I was brought into the courtroom alone and seated at the front. Seeing my mom was the hardest part. With the judge, attorneys, and my mother all watching me, I tried to explain what had been happening in my life. I felt completely exposed and terrified, sitting there with every eye on me.
Each time I began to speak, my mom’s attorney interrupted and challenged my statements, often twisting my words and creating confusion. At the same time, my mom sat there crying as I described everything I had been through.
Looking her in the eye while explaining the ways she had failed to protect me was incredibly painful. Although I was just a child, I felt as though I was the one on trial.
At sixteen, I didn’t understand how the legal system worked. I believed that telling the truth would be enough and the adults in the room would listen and help. Instead, I felt questioned, doubted, and unheard.
Looking back, the experience was deeply traumatic. Unfortunately, my experience is not unique. Many children in similar situations face the same challenges when asked to testify in environments that are not designed for them.
The Current Practice in Nebraska
In Nebraska, children involved in abuse or neglect cases may be required to testify in court as part of the legal process. These hearings are often adversarial, meaning attorneys from both sides may question the child, including through cross-examination.
Children may have support through individuals such as Court Appointed Special Advocates (CASA) or guardians ad litem, who represent the child’s best interests. However, even with these supports in place, children are often still asked to participate in formal courtroom settings that can feel intimidating and overwhelming. (Nebraska Revised Statute § 43-272.01)
While these roles are important, they do not always prevent the emotional impact of testifying in front of judges, attorneys, and even family members. As a result, many children continue to experience stress and anxiety during the process.
In some cases, Nebraska courts may allow alternative forms of testimony, such as closed-circuit television, but these options are not always consistently used. Judges ultimately determine how testimony is presented and the extent to which accommodations are used, meaning the experience can vary depending on the courtroom.
The Impact of Courtroom Testimony on Children
Research on childhood trauma suggests that recounting experiences of abuse or neglect in courtroom settings can increase anxiety, emotional distress, and feelings of vulnerability. Courtrooms are formal, intimidating environments, and the presence of attorneys, judges, and family members can heighten stress for young witnesses. Many children involved in the child welfare system have already experienced significant trauma before ever entering a courtroom (National Child Traumatic Stress Network, 2020).
Once involved in legal proceedings, these children often face additional challenges as they navigate complex and stressful processes. Research suggests that participating in these proceedings can retraumatize children, particularly when they are required to recount their experiences multiple times to different individuals (Marsh et al., 2016). Repeated interviews, cross-examinations, and questioning by unfamiliar adults can intensify feelings of fear, confusion, and emotional exhaustion. In some cases, children may struggle to accurately recall details due to stress, which can affect both their well-being and the credibility of their testimony. Additionally, the lack of consistency in how professionals communicate with children across agencies may further complicate their experiences, making the process feel overwhelming and difficult to navigate.
Trauma-Informed Alternatives
Trauma-informed approaches recognize that many children involved in abuse and neglect cases have already experienced significant emotional harm. Rather than requiring children to repeatedly recount their experiences in high-pressure courtroom environments, these approaches aim to reduce stress while still allowing for accurate fact-finding and the youth’s voice to be heard.
Some courts, including those in Nebraska, have begun to incorporate trauma-informed practices. These may include the use of recorded forensic interviews, closed-circuit television, or allowing a support person to be present during testimony. These approaches can help reduce anxiety and limit direct confrontation.
However, these practices are not always used consistently. In many cases, children are still required to testify in traditional courtroom settings, where repeated questioning and cross-examination can be overwhelming. Expanding the use of trauma-informed alternatives would help create a more supportive environment for children while maintaining the integrity of the legal process.
Policy Opportunities for Nebraska
Nebraska’s child welfare system has an opportunity to strengthen protections for children while still preserving the due process rights that are foundational to the legal system. One critical step forward would be establishing clearer, standardized guidelines for when alternative forms of testimony should be used. Expanding and normalizing practices such as recorded interviews and remote testimony would reduce children’s exposure to high-pressure environments and minimize the risk of re-traumatization. Additionally, increasing trauma-informed training for judges, attorneys, and guardians ad litem is essential. A deeper understanding of how trauma affects memory, communication, and behavior would lead to more effective, fair, and compassionate interactions with child witnesses.
Expanding access to support services, including trained advocates and mental health professionals, would further strengthen protections and ensure that children are not navigating the legal process alone. By prioritizing consistency and building on existing efforts, Nebraska has a clear opportunity to create a more just and responsive system. One that allows children to participate in legal proceedings and have a voice without being re-traumatized.
References
Knoche, Victoria A, et al. “Trauma-Informed: Dependency Court Personnel’s Understanding of Trauma and Perceptions of Court Policies, Practices, and Environment.” https://pmc.ncbi.nlm.nih.gov/articles/PMC7163849/
Marsh, S. C., Summers, A., DeVault, A., & Villalobos, J. G. (2016). Lessons learned from developing a trauma consultation protocol for juvenile and family courts. Juvenile and Family Court Journal
https://onlinelibrary.wiley.com/doi/full/10.1111/jfcj.12059?casa_token=7cafaL2VJycAAAAA %3Ar47475e1IsuPVjg8SVIJ7NbdF6UJ-qa5mrDvXwEHtZaYoB4qd3r00WIck5Tbt9Prjce0U PzWYEQoMjmaxQ
National Child Traumatic Stress Network. (2020). Child welfare and trauma https://www.nctsn.org/trauma-informed-care/trauma-informed-systems/child-welfare/essential-elements
Nebraska Legislature. (n.d.). Nebraska Revised Statute § 43-272.01: Guardian ad litem; appointment; powers and duties https://nebraskalegislature.gov/laws/statutes.php?statute=43-272.01
