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158

ACQ

Volume 11, Number 3 2009

ACQ

uiring knowledge in speech, language and hearing

engaging in public health advocacy regarding the

importance of oral language competence (Snow, 2009;

Snow & Powell, 2004);

providing speech-language therapy to improve behaviour

and socialisation (Gilmour et al., 2004; Girolametto, Steig

Pearce, & Weitzman, 1996; Robertson & Weismer, 1999);

participating in and providing support for restorative

justice programs enhancing parental knowledge about

child and youth development;

enhancing nurturing, attachment, and early bonding

between children and caregivers (Australian Research

Alliance for Children & Youth, 2008); and

developing, facilitating, and participating in promotion,

early intervention and prevention programs concentrating

on the communication problems, particularly in neglected

and maltreated children (Snow, 2009; Sylvestre, Payette,

& Tribble, 2002).

Some ideas for acting locally include:

input at clinical reviews (case discussions) and

participation in working parties and focus groups;

development of resources in your workplace (e.g., visual

plans);

provision of professional development to colleagues

and community settings, e.g., Children’s Court clinic,

correctional facilities, Department of Justice, Disability

Forensic Assessment & Treatment Service, Regional

Mental Health Services, Victoria Police, Victorian Institute

of Forensic Mental Health, and Youth Justice;

undertaking research and postgraduate study;

participating in policy writing and development;

presenting at relevant conferences, e.g., Forensic

Psychology, Australian & NZ Association of Psychiatry,

Psychology & Law, and Forensic Disabilities; and

lobbying to local members of parliament for increased

funding to this area.

Hopefully, in time, awareness will be increased, more

research done, and policies changed so that we may, one

day, see the communication-impaired juvenile offender in

a police interview room or legal proceeding not only with

their lawyer but also with their speech pathologist, sitting

by to provide them with the prompts and cues required

to maximise communicative effectiveness and the client’s

subsequent fair participation in the legal system’s processes.

References

Australian Research Alliance for Children & Youth. (2008).

Submission to the Australian Government’s Australia 2020

Summit.

http://www.aracy.org.au/AM/Common/pdf/2020_

Summit-ARACY_Submission-Childrens_needs_should_top_

the_national_agenda.pdf

Baltaxe, C. A. M. & Simmons, J. Q. (1988).

Communication deficits in preschool children with psychiatric

disorders.

Seminars in Speech and Language

,

9

, 81–90.

Benner, G. J., Nelson J. R., Epstein M. H. (2002).

Language skills of children with EBD: A literature review.

Journal of Emotional and Behavioral Disorders

,

10

(1), 43–59.

Cantwell, D. P., & Baker, L. (1991).

Psychiatric and

developmental disorders in children with communication

disorders

. Washington, DC: American Psychiatric Press.

Charter of Human Rights and Responsibilities Act

2006. Section 25:

http://www.austlii.edu.au/au/legis/vic/

consol_act/cohrara2006433/s25.html ; entire Act: http://

www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/

PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/54

D73763EF9DCA36CA2571B6002428B0/$FILE/06-043a.pdf

Victorian Equal Opportunity & Human Rights Commission

(2009) states:

Human rights are the foundation for freedom, justice,

peace and respect, and are an essential part of any

democratic and inclusive society that respects the rule

of law, human dignity and equality … Human rights are

about recognising and respecting the dignity of other

people,

which includes the right to a fair trial. Unfortunately, many

mental health and legal professionals are unaware that their

client has a communication disorder and/or do not have

access to speech pathology support to ensure their client

can fully participate in trial proceedings.

In Section 25 (‘Rights in criminal proceedings’) Part (2),

the Charter of Human Rights and Responsibilities Act 2006

states:

A person with a criminal offence is entitled without

discrimination to the following minimum guarantees:

a) to be informed promptly and in detail of the nature

and reason for the charge in a language or, if

necessary, a type of communication that he or she

speaks or understands; and

b) to have adequate time and facilities to prepare his

or her defence and to communicate with a lawyer or

adviser chosen by him or her; and

c) …to have the free assistance of assistants and

specialised communication tools and technology if

he or she has communication or speech difficulties

that require such assistance.

Providing this support to the clients who need it will not

occur if the professionals working with them are not aware of

their difficulties and need for support. Therefore, it seems fair

to suggest that the human rights of many juvenile offenders

and mental health clients are being violated unintentionally.

This is a good reason for professionals in the mental health

and forensic areas to consider speech pathology input for

their clients. However, concerned professionals need

professional development and education in this area. Due to

their specialisation in understanding communication

impairment, its consequences and appropriate intervention,

speech pathologists are in a prime position to take on the

role of educating professionals in the areas of forensic and

mental health and advocating for the clients within these

settings.

Speech pathologists can take on many roles in mental

health and forensic settings. These include:

routinely screening for language impairments in clients

presenting with behavioural, emotional, and psychiatric

problems (Fujiki et al., 2004; Snow, 2008);

providing consultation to professional teams regarding

a child’s communication skills and developmental level,

to help inform appropriate diagnoses and management

(e.g., visual prompts, social stories, simple language)

(Gallagher, 1999; Russo, 2004; Toppelberg & Shapiro,

2000; Westerlund, Bergkvist, Lagerberg, & Sundelin,

2002; Zadeh et al., 2007);

providing opportunities for and facilitating social

connections for children and families (Australian Research

Alliance for Children & Youth, 2008);

enhancing resilience of children and families, and their

ability to problem-solve and cope (Australian Research

Alliance for Children & Youth, 2008);

facilitating treatment that targets social skills training (e.g.,

social skills groups), language of feelings, and self-talk

(Giddan & Milling, 1999; Gilmour et al., 2004);