Facilitated Communication: Novel Scientific Evidence or Novel Communication?

I. Introduction II. Admissibility of Testimony from Witnesses Who Require In-Court Assistance to Communicate ... A. Competence of Special Classes of Witnesses ... 1. Witnesses with Physical and Mental Disabilities ... 2. Competence of Children ... B. Admissibility of Testimony from Witnesses Who Communicate with Third-Party Intervention ... 1. Sign Language ... 2. Idiosyncratic Language ... C. Burdens of Proof ... 1. Proving Competency of a Witness ... 2. Proving Qualifications of an Interpreter ... D. Summary of Cases Involving Third-Party Interpreters III. Admissibility of Testimony from Witnesses Whose In-Court Testimony Is Affected by Out-of-Court Procedures … A. Frye v. United States ... B. Courts Applying a Frye Test to Hypnotically Affected Testimony ... C. Courts Holding Frye Inapplicable to Hypnotically Affected Testimony ... D. Constitutional Issues ... E. Summary of Hypnosis Case Law IV. Legal Controversy Surrounding Facilitated Communication V. Application of Precedent to Facilitated Communication ... A. Cases Applying Frye to Testimony Affected by an Out-of-Court Procedure ... B. Cases Not Applying Frye to Testimony Affected by an Out-of-Court Procedure ... 1. Step One: Determining the Qualifications of the Interpreter ... 2. Step Two: Swearing the Interpreter ... 3. Step Three: Assessing Unfair Bias ... 4. Burdens of Proof ... C. The Role of Expert Testimony VI. Conclusio

Best Outcomes for Indian Children

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin\u27s tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners\u27 understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA. In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling the end ofa historic collaborative effort to enact the law and marking the beginning ofa new initiative to effectively implement it. Like the work that led to enactment ofthe statute, the work required to effectuate it requires the involvement of stakeholders with very diverse views and interests. However, this group has a common goal to which aU members are committed: to achieve better outcomes for Indian children in Wisconsin. The Midwest Child Welfare Implementation Center, a member of the Training and Technical Assistance network ofthe Children\u27s Bureau, is privileged to assist the 11 tribes, the state of Wisconsin, and its project partners in a four-year implementation project toward the achievement ofthat goal. This article describes the early years ofthat journey and the plan for its current segment, which is in progress

Best Outcomes for Indian Children

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin\u27s tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners\u27 understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA. In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling the end ofa historic collaborative effort to enact the law and marking the beginning ofa new initiative to effectively implement it. Like the work that led to enactment ofthe statute, the work required to effectuate it requires the involvement of stakeholders with very diverse views and interests. However, this group has a common goal to which aU members are committed: to achieve better outcomes for Indian children in Wisconsin. The Midwest Child Welfare Implementation Center, a member of the Training and Technical Assistance network ofthe Children\u27s Bureau, is privileged to assist the 11 tribes, the state of Wisconsin, and its project partners in a four-year implementation project toward the achievement ofthat goal. This article describes the early years ofthat journey and the plan for its current segment, which is in progress