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When Your Child Needs Communication or Accessibility Accommodations

You Know Your Child. The Systems May Not.

As parents we are advocates for our children all the time. As the parent or caregiver to a child with a disability, who has also been sexually abused, that responsibility becomes even more important.

If your child is autistic, Deaf or hard of hearing, has an intellectual or developmental disability, lives with FASD, uses AAC, communicates non-verbally, or has other communication or accessibility needs, you probably already know what helps them communicate, regulate and understand.

Police, Children's Aid, Victim Services, medical professionals and the court system may not.

As you move through these systems, you may find yourself explaining your child's needs repeatedly.

You are not asking for special treatment.

You are asking for your child to have meaningful access to the same protection, investigation and justice as every other child.

Why This Matters

Children with disabilities experience a significantly increased risk of sexual victimization.

Research has found that children with disabilities are approximately 2.9 times more likely to experience sexual violence than children without disabilities. For children with mental or intellectual disabilities, the odds have been estimated at approximately 4.6 times higher.

This increased risk is not caused by disability. Offenders may exploit circumstances such as dependence on caregivers, personal-care needs, isolation, communication barriers or the belief that a child will have difficulty reporting what happened or being believed.

The responsibility always belongs to the person who caused the harm.

Before Your Child Is Interviewed

Do not assume professionals will automatically know what accommodations your child requires.

Tell them before the interview begins.

You might say:

"My child has communication needs that will affect how they participate in this interview. I need to discuss the accommodations they require before questioning begins."

Explain:

• how your child communicates

• how much processing time they need

• whether they use AAC, sign language, pictures or another communication system

• whether questions need to be short, concrete or presented one at a time

• how they indicate yes, no, I don't know, stop and I need a break

• sensory needs and triggers

• how anxiety or overwhelm changes their communication

• whether they need scheduled breaks

• anything that can mistakenly look like agreement, avoidance or non-compliance.

For example:

"My child may say yes when they don't understand a question. Please don't interpret a yes response as understanding without checking."

Or:

"Please allow my child time to answer before repeating or rephrasing the question. If you ask another question too quickly, they may lose the first one."

This is not telling professionals what your child should say. It is telling them how your child communicates.

What Can I Ask For?

The appropriate accommodation will depend on your child.

You can ask whether your child can have:

• their usual AAC or communication device

• an ASL/LSQ or other qualified interpreter

• visual or written supports

• additional processing time

• shorter, concrete questions

• one question at a time

• regular breaks

• reduced lighting or sensory stimulation

• a quieter interview space

• additional time for appointments

• a communication specialist familiar with their needs

• appropriate support during court proceedings.

If someone tells you an accommodation cannot be provided, it is reasonable to ask:

"Can you explain why?"

"What alternative accommodation can you provide?"

"Who can I speak with about arranging this before the interview continues?"

With Police

Before a forensic interview, tell the investigating officer about your child's communication and accessibility needs.

Ask:

• Does the interviewer have experience interviewing children with this type of communication need?

• How will my child's accommodations be incorporated into the interview?

• Can we discuss this with the interviewer before questioning begins?

• Is there a Child and Youth Advocacy Centre or specialized interviewer who may be appropriate?

If your child uses AAC or another established communication system, make that known immediately.

Your child should not be expected to suddenly communicate in an unfamiliar way because an investigation has begun.

With Children's Aid

A CAS worker may need to speak directly with your child.

Before that happens, explain what the worker needs to know about your child's communication, development and regulation.

Ask:

• How will you accommodate my child's communication needs?

• Who will be speaking with them?

• Where will that conversation happen?

• How long is it expected to take?

• Can we plan breaks or sensory accommodations beforehand?

If your child appears confused, overwhelmed or unable to participate effectively, say so.

Compliance is not necessarily understanding. Silence is not necessarily an inability to communicate.

With Victim Services, Crown Counsel or a Lawyer

Ask about accommodations early rather than waiting until your child is expected to attend court.

Canadian law provides testimonial protections for young witnesses and witnesses whose disabilities may make communicating evidence difficult. Depending on the circumstances, these can include a support person, testifying outside the courtroom by closed-circuit television, or using a screen so the child does not have to see the accused.

You can ask:

"What testimonial accommodations are available for my child?"

"Who makes the application for them?"

"When should that request be made?"

"Can my child's communication needs be documented now so we are not addressing this for the first time immediately before court?"

For children under 14, the Canada Evidence Act presumes capacity to testify, and their evidence is received if they can understand and respond to questions.

Put It in Writing

Consider creating a one-page Communication & Accessibility Profile that can travel with you from system to system.

Include:

• My child communicates best by:

• Please give them this much processing time:

• They communicate "yes" by:

• They communicate "no" by:

• They communicate "I don't know" by:

• They communicate "stop/I need a break" by:

• When overwhelmed, my child may:

• Things that make communication harder:

• Things that help:

• Communication devices/supports they require:

You can offer a copy to police, CAS, Victim Services, medical professionals and lawyers as appropriate.

You should not have to reinvent this information at every door.

If You Feel Your Child Isn't Being Heard

You are allowed to ask questions.

You can say:

"I'm concerned that my child's communication needs are affecting their ability to participate."

"I don't think my child understood that question."

"What accommodation can be made?"

"Who is responsible for accessibility in this process?"

"Can my concern and my request for accommodation please be documented?"

You do not need to be confrontational to advocate clearly.

And you do not need to apologize for asking a system to communicate in a way your child can access.

Keeping Your Child Safer Moving Forward

Your child's safety plan should not depend entirely on their ability to recognize abuse, say no, leave the situation or make a verbal disclosure.

Build protection around them.

Look at who has access to your child, particularly anyone providing personal care or significant one-to-one support. Make sure your child has more than one trusted adult and, where possible, a private and independent way to communicate.

Teach body safety, consent and boundaries using their language and their communication system.

Be attentive to adults who create unnecessary dependence, seek unusual amounts of private access, violate caregiving boundaries, discourage independence, or insist that only they understand your child.

Most importantly, make sure your child knows—in whatever way they understand best:

You can tell me anything.

You will not be in trouble.

I will listen.

I will help you.