Jena Herandez, a Case Manager specializing in Deaf Services at BFL’s Non Residential Domestic Violence Program, Secret Garden, discusses the role of the Child of a Deaf Adult in Domestic Violence cases.
The role of the ‘Child of a Deaf Adult’ (CODA) in DV situations
When a child of a Deaf parent is born, they are often called a CODA (Child of a Deaf Adult) to protect and secure their identity within the very close-knit Deaf community. Being a CODA has consequences and responsibilities which are often introduced to the child at a very young age.
A CODA, fluent in both American Sign Language (ASL) and English, is often given the responsibility of translating for their parents as they grow up. A CODA may translate for family members in a variety of areas, from a telephone conversation to a parent teacher conference.
If there is a domestic violence incident in a Deaf household, the CODA is often seen as a source for information on that incident. Law enforcement officials may expect and accept a CODA’s interpretation for Domestic Violence Incident reports, DA prosecution, and a variety of court proceedings including Orders of Protection.
These interpretations are not valid because it is impossible to be considered an unbiased party in such a traumatic situation. A CODA in a DV situation cannot be expected to be impartial due to the fact that they may be dealing with a very personal, highly charged emotional situation.
By asking a child to interpret, the child is forced to re-live the experience, choose sides between parents, and know right from wrong. Additionally, that daughter or son may not fully understand the consequences of his/her interpretation or they may feel an obligation to protect their parents.
The focus is on the Deaf adults and not on the trauma experienced by the child. Little thought is given to the price the child pays for being involved. Best practice in any situation in working with a family of Deaf parents with hearing children is to bring in a certified interpreter to facilitate communication.
What is a Certified Interpreter?
In order to attain certification, an interpreter must pass a written test that measures knowledge of a variety of areas from linguistics to ethics to influences on the interpreting process. An interpreter must then pass a performance test which measures interpreting skills as well as ethical decision making skills. They are assessed by a group of professional peers according to a nationally recognized standard of minimum competence. If the interpreter meets or exceeds the national standard, they are awarded certification. (From Registry of Deaf Interpreters (www.rid.org)
Interpreters certified through the Registry of Interpreters are accountable for their ASL to English translation and must adhere to the Registry’s Code of Professional Behavior. They have an ethical responsibility to acknowledge their own triggers and then determine whether or not they can effectively complete the job. Interpreters have a responsibility to remain impartial to the information or events leading up to and during the job.
“No child should be placed in the situation of acting as interpreter or translator for any family member especially in times of duress. That child (or adult child) is then part of the cycle of victimization,” said Janice B Rimler, M.Ed, CT, ASLTA: Professional and CEO, HANDS IN MOTION Professional Sign Language Interpreters (www.allhandsinmotion.com). She is also a Nationally Certified Interpreter.
Survivors Story
N. T., a client at BFL’s Non Residential Domestic Violence Program, Secret Garden, is a Deaf woman living in the US as an undocumented immigrant, who experienced physical, emotional, financial and verbal abuse from her brother, an American Citizen.
N.T. had strong family values and initially refused to report the abuse against her brother. She was afraid of going to the police because she was living in the U.S illegally and immigration could send her back to Africa, leaving her U.S. born child alone.
After years of abuse, N.T.'s 17 year old daughter called the police fearing for her mother's safety. Criminal charges were placed against N.T.'s abuser. The Assistant District Attorney (ADA) did not provide N.T. with an ASL interpreter, and instead used N.T.'s daughter, a CODA, as the interpreter.
The ADA did not explain to the child the process of criminal court or the impact the criminal outcome could have on her mother's situation.
N.T.’s daughter related later, to a Secret Garden Case Manager, that when asked to interpret, she felt already ‘scarred’ and said ‘the incident was too recent to make a sound judgment.’ She stated that she was ‘only 17 years old and they were asking me to put my uncle in jail. My mom was safe (at the time); I didn't know I was putting her more at risk.’
Eventually, after working with her Secret Garden Case Manager and Manhattan Legal Services, N.T. received an expedited U-VISA request which was approved. N.T. now has a work permit for three years and a card stating she is in the U.S. legally.
If the ADA had used a Certified Interpreter in the first place, there may have been time to explain the situation and deal with it more clearly. Because N.T.’s daughter was seen as a viable choice, N.T.'s chance for becoming an American Citizen living free from abuse was put on hold for one year.
To learn more about a CODA: http://library.gallaudet.edu/Library/Deaf_Research_Help/Research_Guides_(Pathfinders)/Hearing_Children_of_Deaf_Parents.html