How the NICHD Protocol Makes Room for Children’s Free Recall

Paris – July 22, 2026: In a quiet room, questioning does not begin with questions about suspicions, but with an invitation for the child to speak. A report published by franceinfo on Wednesday puts the NICHD protocol in the spotlight, a method used by French investigative services when hearing children. It concerns a crucial task: listening to minors without allowing adults’ expectations to override their words.

NICHD stands for the National Institute of Child Health and Human Development in the United States. The protocol establishes a fixed procedure for questioning. First, investigators explain the rules: children may say that they do not know, do not remember, or do not understand a question; they should also be able to correct adults. Only then does the discussion turn to the reason for the investigation.

At its core are open-ended questions. Specially trained officers should not presuppose details, but invite children to describe, based on their own memories, what may have happened. Closed or leading questions should be avoided as much as possible. The French National Gendarmerie describes this aim as a form of dual protection: reducing suggestibility caused by questions and adapting the way of speaking to the child’s age and abilities.

This is not merely a question of an appropriate tone. Young people’s statements can be of great importance in criminal proceedings, while they are also particularly vulnerable. The method therefore seeks to prevent questioning from becoming an interrogation. Trust is built through neutral conversation, and also by asking the child first to describe an everyday experience in detail. This helps children understand that they do not have to guess what answer others expect.

French procedural law also provides for protective requirements. Under Article 706-52 of the Code of Criminal Procedure, during an investigation, hearings of minor victims of certain serious crimes should in principle be audiovisually recorded. The recording is intended to avoid repeated questioning as far as possible and to allow judicial authorities to subsequently retrace the course of the conversation. The recording is confidential material and may not be disseminated.

However, the NICHD protocol neither determines guilt nor replaces further investigation. Its task is more specific, but also essential: to obtain statements as carefully as possible. For years, scientific research on structured questioning has concluded that open-ended invitations lead to more detailed statements, and statements more based on personal memory, than questions that already suggest an answer.

The current attention to this practice is a reminder that child protection also begins with language. For investigators, this means self-discipline: patience instead of pressure, follow-up questions instead of interpretation. For children, it can mean that their words are not hastily translated into adult language. Especially where a statement may mark the beginning of proceedings, this concerns respect and procedural caution under the rule of law.