CHILD ATHLETE ABUSE ORBITAL FLOOR FRACTURE ICD-9 CODE

USE OF ICD-9 CODE EXAMPLE

If the Coach strikes a Child Athlete in the left eye with his fist during sport participation and fractures the left orbaital floor. The Medical Erergency Department Chart is tendered with:
• Impression (Initial Diagnosis):
1. Left Orbital Floor Fractures
2. Child Physical Abuse (CPA)

The Insurance Claim to 3rd Party Payor or Medical Insurance is billed with the following codes:
• ICD-9 Code – Fractures
1. Closed fracture of orbital floor (blow out) Diagnosis Code 802.6
2. 2. ICD-9 Code - Modifiers

• ICD-9 Code for Child Physical Abuse (CPA)
1. T74.12 Child Physical Abuse Confirmed
2. YO7 The Child Abuse Perpetrator is Known and is the Coach

Disposition recorded in ED Medical Record:
• Admit to Hospital
• Call OR / Schedule Surgery
• Additional Lab Work
• File Report > Authorities for CPA

ZABERNISM, THE COACH-ATHLETE POWER GAP

There are many great, mentor coaches in the United States, who often do not get the credit they deserve. But, like any profession, there are a few bad apples that spoil the bunch. Several will spoil the orchard.

Consequently, public reaction, outrage and the legal arena’s size, shape and slant are framed-up by the rotten. Thus, volumes of legal statutes and case laws mount because of the coaches who do not abide by their code of conduct. They slack their duty and standard of care for their athletes.

Zabernism is the misuse of power by an authority such as a coach. Bulling is another form of Zabernism. Some Coaches misuse their authority and endanger athletes with physical and emotional injuries that result from inadequate coaching supervision and protection and some sexually abuse their athletes and some are bullies.

The Power Gap, that exists between a coach and an athlete, is widened by the lack of an athlete’s power. The powerless Athlete, and Powerful Coach are in the center of the comprehensive model of Athlete Endangerment, Abuse, and Serious Injury. Doctors and Athletic Trainers are alongside in the center of the model.

The Comprehensive Model of Athlete Abuse:

• Doctors check on the form provided by the High School or High School Athletic Association “cleared” to participate in sports after the Sports Participation Doctor Examination (1.) has been completed and found to be in good health.
• Child Athlete’s parent or the adult athlete signed the Sports Participation Waiver prior to participation and relinquishes the Athlete’s rights to pursue legal action because of loss, injury and death (for Inherent Injuries of the Game). The Waiver does not prevent reporting suspected Child Athlete Abuse by the Attending Physician of an injured athlete from maltreatment, endangerment or abuse, subsequent investigation and adjudication..
• Child Athlete begins participation in the sport and, unbeknown to parent, doctor and athlete, the athlete enters an unsafe sports environment with a Coach who fails Child Protective and Proper Care-giving Supervision (Negligent Coaching Supervision) and Protection of the Child Athlete.
• Child Athlete sustains a Preventable, Non-Accidental Injury which is the result of substandard supervision and protection by the supervising coach because it was caused by direct or indirect actions or inactions of the coach.
• The Government’s Public Health system has failed to Educate and Enlighten Coaches, Athletes, the entire Athletic Community about Child Athlete Abuse and Negligent Coaching Supervision and Educate Doctors to Report.
• Child Athlete returns to a Doctor for a second examination (2.) after the injury. The doctor evaluates the injury.
• After the history, examination and treatment of the injured Child Athlete, if the Doctor suspects the Child Athlete’s injury was the result of Maltreatment, Endangerment and/or Negligent Coaching Supervision of the Child Athlete and concludes the injury was Preventable and Non-Accidental, the Doctor is mandated to Report to County Attorney and the CPS.
• If the Doctor fails to report those types injuries, the Doctor can be liable for failure to Report and Malpractice, should similar additional injuries occur afterwards under the same Coach.
When our Federal Government decides to take special interest in an issue that needs further attention by the states, Federal Laws Affecting State Proceedings are passed and funding is provided. CAPTA (Child Abuse Prevention and Treatment Act, 1974) was the first Federal Law enacted. Several amendments to the original law have been enacted..
• Federal Child and Youth Protection Law:
1. Child Abuse Prevention and Treatment Act (first enacted Child Protection Law 1974) Has been ammended several times. Most recent ammendments 2003 and 2010
2. Keeping Children and Families Safe Act of 2003. Public Law 108-36.
3. Public Law. 111-320, the CAPTA Reauthorization Act of 2010

• “Child Abuse Prevention and Treatment Act (1974) as Amended by Public Law. 111-320, the CAPTA Reauthorization Act of 2010 Sec. 206. PERFORMANCE MEASURES. [42 U.S.C. 5116f]

After funding, the states must comply with the Federal Guidelines
A State receiving a grant under this title
— 1. shall demonstrate effective development, operation, and expansion of a community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that MEETS THE REQUIREMENT OF THIS TITLE.
—7. shall describe the outcomes under the State program to demonstrate the effectiveness in meeting the purposes or the program;”

• State Laws that exist in all 50 states, that MEETS THE REQUIREMENT OF THIS TITLE, Public Law. 111-320, the CAPTA Reauthorization Act of 2010.

For example, Kentucky Child and Youth Protection Law: Kentucky Unified Juvenile Code KRS 600-645. Juvenile/Family Court has exclusive jurisdiction for Child Abuse and The KY Code has Dual Function:

1. Protection of Children from Endangerment, Maltreatment and Abuse with adjudication of offenders
2. Sanctions and Rehabilitation of Delinquent Juveniles when they commit crimes.

Thus, CHILD ATHLETE ABUSE SYNDROME IS ILLEGALIZED. KRS 600-645, KY state statutes:

The Power Gap, Misuse of Power, Athlete Maltreatment, Endangerment, Abuse and Negligent Coaching Supervision will be lessened and Athlete Safety will be Promoted when:

• Child Protection Laws or Child Athlete Abuse and Negligent Coaching Supervision Laws are Enforced by the Government.
• Government often duplicates existing Federal and State Statutes while fledgling for an answer, ignoring and overlooking the laws already on the books. Duplication of already existing Federal and State Child Protective Laws with a Federal Youth Sports Safety Act is a suggested remedy, but another waste of time and money because of duplications.
• It should be a matter of Policy for the Cabinet of Health and Family Services, CPS and the County Attorney to investigate all Doctor Reports. Otherwise, there will continue a lack of Doctor Reporting.
• Athletes must be educated to report their injuries that result from Bad Coaching Behaviors. Athletes diminish the misuse of power by reporting their injuries from Maltreatments and Endangerments to parents and authorities
• Coaches must be educated to stop Maltreating and Endangering Child Athletes. They must provide Proper Child Custodial Protection and Supervision and understand and utilize their standard and duty of care. They must be educated to save themselves from Criminal and Civil complaints. It is for their protection, too.
• Doctors must be educated to report suspected serious Athlete Endangerment, Abuse and Negligent Coaching Supervision that results in Serious Injuries and Death to the DCBS or County Attorney. If Doctors Fail to Report they must be educated about their potential consequences.
• Most Sports Pre-Participation Examinations are finalized when the Doctor checks the statement
☑☒ “Cleared to Play”.
A Lesser number of Examinations end with
☑☒ Full & Unlimited Participation.

In either case the clearing an Athlete to Play or Participate must be qualified from this day forward.
☑☒ “Cleared to Play only during–Standard Care +Protection +Supervision.” should be the qualification.

This provision should be printed (or stamped) above the Doctor’s signature on the Pre-Participation Examination Forms thereby qualifying approval to Participate in Sports after the Pre-Participation Examination only when Safety Standards are to be obeyed by the Coach and supervisor.

• Parents and athletes who sign a sports participation waivers must be educated to modify the sports participation waiver with their signature “only with Standard Care +Protection +Supervision.”.”
• Parents must be educated to recognize and report Child Athlete Abuse and Neglect.
The essential elements are education and enlightenment of athletes, coaches, parents, doctors and the entire Athletic Community to act responsibly concerning the Power Gap. Only then will Zabernism and the Power Gap be eradicated.
The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) revealed that medical errors may be the third leading cause of death in the United States. The total is about 225,000 deaths per year in the US from iatrogenic (doctor) causes which ranks these deaths as the # 3 killer.

How many athletic injuries and deaths occur in the United States from the lack of government and Public Health doctors’ Intervention and oversight of Youth Sports?
“…have to say that the medical establishment in the U.S. is less concerned with public health than in many other developed countries. In the U.S. you don’t hear much about public health in medical school. In general, public health is seen as a poor cousin of medical care.”

Medical Doctors in the United States are not taught public health in medical schools. Are public health officials and medical doctors masters of denial that athlete abuse is a public health crisis?

“Child maltreatment is a public health crisis, the full scale of which is masked by secrecy and denial.” Surgeon General seminar.

There exists a well-accepted scientific process for addressing public health injury problems. Athletic injuries among secondary school-aged athletes is alarmingly on the rise. The public health approach 78–81 includes the following 5 mandates, which are described in greater detail in the AMCSSAA (Appropriate Medical Care for Secondary School-Age Athlete) monograph. 5:

• determine the existence and size of the problem (injury surveillance)
• identify what may cause the problem (risk factors)
• determine strategies and interventions that may prevent the problem
• implement prevention strategies
• monitor and evaluate the effectiveness of prevention efforts.
Haddon Matrix Applied to the Problem of Athletic Injuries a
Phase/Factor Host Agent Physical Environment Social Environment. Before injury:
• Determine the individual’s readiness to participate through the preparticipation physical examination
• Advise on the selection, fit, function, and maintenance of athletic equipment
• Promote safe and appropriate practice, competition, and treatment facilities
• Provide scientifically sound nutritional counseling and education
• Establish protocols regarding environmental conditions
• Participate in the development and implementation of a comprehensive athletic health-care administrative system

The Surgeon General has targeted coaches as perpetrators of all forms of child abuse reported in seminars. What is wrong with state health services and departments that blatantly neglect the needs and welfare of youth athletes. They are charged with protecting all children.

Are public health officers inadequately trained in youth sport public health. Do they too turn a blind eye on public health policies that might adversely affect other medical doctors? Public health officers cannot rely on imagined reassurances from their crones that no injuries result from endangerment of athletes by coaches.

The Sports Participation Waiver empowers the coach and widens the Power Gap. Sports participation waivers are signed by all parents or guardians of minor athletes or young adult athletes before participation in an organized sports activity.

Improper supervision in sports is associated with an increased risk of injury. Increased supervision is associated with the prevention of athletes’ injuries.

Coaches appear, in some instances, to hide behind the waiver. Some categorize all harmful incidents, whether in safe or harmful sports environments, as accidents. “If there is an accident it is just part of the game.” Some coaches believe they are immune from suit, dismissal or reprimand because of the waiver.

The Supreme Court has ruled that waivers cannot void liability for gross negligence. Gross negligence is reckless, wanton or willful misconduct, not mere neglect.

However, sports participation waivers do not prevent suspected athlete endangerment and abuse reporting and investigations by social workers and the county attorney. Doctors, health care personnel and everyone should report when they suspect that coaches have physically and emotionally mistreated, endangered and caused injuries and/or sexually abused athletes. The DCBS policy in Kentucky is to investigate coaches as supervision caregivers when endangerment and abuse has been suspected and reported.

Gross Negligence is sometimes difficult to prove. But athlete Physical and Psychological Endangerment resulting in serious injury and sexual abuse can be investigated and adjudicated in spite of signatures by parents.

Sports participation waivers do not prevent adjudication of Child Athlete Abuse in Juvenile or Family court, the appropriate court for adjudication.

Athletes don’t forfeit their human rights once they step within the boundary lines of the court or field of play. Nor can anyone else forfeit their human rights for them.
References:

1. Human Rights in Sport by Paulo David
2. Human Rights and Sports by Prof Paul Singh
3. Legacy Flyer | April 08, 2009
4. Summary Statement: Appropriate Medical Care for the
Secondary School-Aged Athlete Jon Almquist, ATC et al Journal of Athletic Training 2008;43(4):417–428
5. “The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000 article written by Dr Barbara Starfield, MD, MPH, of the Johns Hopkins School of Hygiene and Public Health,

PENN STATE CHILD SEX ABUSE AND REPORTING LAW

The lack of knowledge concerning Child Physical, Psychological (Emotional) and Sexual Abuse Recognition and Reporting properly, in any venue including Sports, to authorities is extremely disturbing. First the criminal activity must be defined.

CHILD ATHLETE ABUSE SYNDROME IS ILLEGALIZED. for example in KY KRS 600-645, KY state statutes (all states have similar statutes):

CHILD ATHLETE ABUSE SYNDROME IS A SHORT TITLE For

A CLUSTERING of CHILD (<18) or YOUTH (15-24) ATHLETE MORBIDITY AND MORTALLITY SECONDARY TO:

►PHYSICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
► PSYCHOLOGICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
► SEXUAL ABUSE
► FAILED CHILD CUSTODIAL PROTECTION
► NEGLIGENT COACHING CARE-GIVING SUPERVISION
► HUMAN RIGHTS VIOLATIONS
► THAT WERE INFLICTED, CAUSED, CREATED, OR ALLOWED TO BE INFLICTIED, CAUSED, CREATED, DIRECTLY OF INDIRECTLY BY THE COACH OR OTHER PERSON WITH CHILD AND YOUTH ATHLETE CUSTODIAL PROTECTION AND SUPERVISION.

PLEASE SEE THE CLINICAL PODCAST by linking to the URL, Universal Resource Locator or web address below: http://www.athletesafety1st.com
Title: CHILD ATHETE ABUSE SYNDROME, “A NEW DISEASE”

[Prevent Cruelty to Young Athletes http://www.cappaa.com/prevent-cruelty-to-young-athletes ]

CHILD ATHLETE ABUSE SYNDROME IS “MEDICALIZED”

• Medicalized definition: To identify or categorize a condition or behavior as being a disorder requiring medical treatment or intervention [Online-Dictionary]

• CAAS IS LEGITIMATE DIANOSIS WITH ICD-9 CODES because all child abuse is Medicalized. (ICD-9) “International Classification of Disease, 9th edition, Clinical Modification is a standardized classification of disease, injuries, and causes of death, by etiology and anatomic localization and codified into a 6-digit number, which allows clinicians, statisticians, politicians, health planners, health insurance and others to speak a common language, both US and internationally”. ICD-9s are used to bill medical insurance by Doctors. ICD-10s are ready for implementation.
See: http://www.cappaa.com/category/use-icd-9-abuse-codes

Dysfunctional Athletic Communities have promoted Closed Sports Societies, similar to want-to-be-closed Religious organizations, that have recently appeared like they were above the Law and impervious to the Law. Closed Sports Societies promote “Socially Approved” Child Athlete Abuse Syndrome.

Closed Sports Societies breed Ego, Greed, Excess. Economic Gain and Win-At-All-Costs. But as we are now discovering, since the discovery of the Penn State child Abuse Tragedy, there are No Closed Societies to the Rules of Law.

We U.S. Citizens serve the Rule of Law.

Abnormal, Deviant Coaching Behaviors will put the Coach in the Front Yard of Society one week and at the Top of the Stairs of the Court House the next. Ignorance of Child and Youth Protection Laws, including Reporting Laws, are no excuse in Court and certainly no Court Defense

Government Agencies, non-Government Administrative Athletic Organizations and Associations including High School Athletic Associations, should take the lead and indorse, publicize and promulgate both Federal and State Child and Youth Protection Laws for complete understanding, while realizing Child Protection is within the jurisdiction of each state:

• Federal Child and Youth Protection Law:
1. Child Abuse Prevention and Treatment Act (first enacted Child Protection Law 1974) Has been ammended several times. Most recent ammendments 2003 and 2010
2. Keeping Children and Families Safe Act of 2003. Public Law 108-36.
3. Public Law. 111-320, the CAPTA Reauthorization Act of 2010

• “Child Abuse Prevention and Treatment Act (1974) as Amended by Public Law. 111-320, the CAPTA Reauthorization Act of 2010
Sec. 206. PERFORMANCE MEASURES. [42 U.S.C. 5116f] A State receiving a grant under this title
— 1. shall demonstrate effective development, operation, and expansion of a community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that MEETS THE REQUIREMENT OF THIS TITLE.
-7. shall describe the outcomes under the State program to demonstrate the effectiveness in meeting the purposes or the program;”

• State Laws that exist in all 50 states, that MEETS THE REQUIREMENT OF THIS TITLE, Public Law. 111-320, the CAPTA Reauthorization Act of 2010. For example, Kentucky Child and Youth Protection Law: Kentucky Unified Juvenile Code KRS 600-645.

Kentucky State Law: KRS 510.110 Sexual abuse in the first degree.
(1) A person is guilty of sexual abuse in the first degree when:
(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she, regardless of his or her age, subjects a minor who is less than eighteen (18) years old, with whom he or she comes into contact as a result of that position, to sexual contact or engages in masturbation in the presence of the minor and knows or has reason to know the minor is present or engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate.
(2) Sexual abuse in the first degree is a Class D felony, unless the victim is less than twelve (12) years old, in which case the offense shall be a Class C felony.
Effective: July 15, 2008

See this website: http://www.cappaa.com/category/use-icd-9-abuse-codes

“A former defensive coordinator for the Penn State football team was arrested Saturday on charges of sexually abusing eight boys across a 15-year period. Jerry Sandusky, 67, who had worked with needy children through his Second Mile foundation, was arraigned and released on $100,000 bail after being charged with 40 counts related to sexual abuse of young boys.” [By MARK VIERA, Nov 5, 2011, Former Coach at Penn State Is Charged With Abuse, New York Times]

It was not lawfully Reported to Authorities.

Penn State is a Crime Story in the Sports Venue, not a Sports Story.

Reporting Child Physical, Psychological (Emotional) and Sexual Abuse helps Prevent further Victimization of innocent, vulnerable Children. Univ Virgina football Coach Mike London said about Penn State, its simple. As Coach London said, he will handle disputes, team rules violations and other lawful differences internally, but when a Coach discovers Illegal Activity you gotta take it to police, particularly where the health and welfare of Children are concerned. He was a Policeman prior to Coaching.

Last week, the U.S. Department of Education announced it would investigate whether Pennsylvania State University officials failed to follow the law and notify authorities about the alleged sexual assaults of children on the Penn State campus by a former football assistant coach, Jerry Sandusky.

In calling for the probe, Rep. Patrick Meehan (R., Pa.) said that adults have the responsibility “to act and report when they see children who are abused or threatened. In the case of college authorities, it’s not just a moral obligation, it’s the law.

“. . . Had authorities at Penn State reported the allegations to law enforcement and properly disclosed these allegations under the law, perhaps children could have been protected from abuse.”

[Penn State scandal alerting colleges to U.S. reporting law National News, Sun, Nov. 13, 2011, By Darran Simon National News, http://www.philly.com/philly/news/nation_world/133758858.html ]

“More victims are coming out. Two former Syracuse University ball boys say they were molested by associate head basketball coach Bernie Fine, starting in the late 1970s and continuing into the 1990s. Police in Syracuse said they have opened an investigation into the allegations. And in a statement Thursday night, Syracuse said it has placed Fine on administrative leave. Fine is in his 35th season as an assistant to Boeheim.” [Nov18, 2011, Syracuse's Bernie Fine placed on leave, By Mark Schwarz and Arty Berko ESPN Outside the Lines]

• Prime Dispicable Example: Take note of Penn State’s Coach Jerry Sandusky who appeared to be a volunteer amateur football camp Coach. It is not clear if he was compensated or non-compensated.

“After retirement, Sandusky hosted many summer football camps and was active in The Second Mile, a children’s charity he founded in State College, Pennsylvania in 1977.” [Wikipedia]

“Of the child sexual assault charges against former Penn State coach Jerry Sandusky, the fact that stands out most is that Joe Paterno, Tim Curley and Gary Schultz were aware of incidents as early as 2002. Curley testified to the grand jury that he “advised Sandusky that he was prohibited from bringing youth onto the Penn State campus from that point forward.”

“Seven years later, in the summer of 2009, Sandusky was still hosting overnight camps for children as young as 9 at other Penn State schools.

“A reader sends us the flyer for the Sandusky Football Camp, a four-day, three-night resident clinic offered at Penn State’s Behrend campus in Erie, and other stops around the state including Penn State Harrisburg.

“The goal of the camp is to learn as much about the game of football while having an enjoyable experience. Jerry Sandusky’s personal experience and his excellent staff will cater to each individual camper helping them to reach their personal potential. With a variety of individual drills for every position team drills, and games, the participants will be able to build a solid fundamental background for which they can carry the rest of their lives.”

“They will walk away with many of the ideas and concepts Jerry Sandusky has used during his brilliant career. A career that included two national championships and 28 bowl appearances! Lessons on life discipline, teamwork, trust, and loyalty will be stressed in motivational speeches by great guest speakers and selected video presentations. Regular camp instructors will include members of Jerry’s family, other college and high school coaches, and former Penn State players.”

It’s unclear if Sandusky was compensated by Penn State for overseeing the camp, which he operated via his Sandusky Associates company located in State College. But multiple schools in the Penn State system hosted and provided facilities for the program, touted Sandusky’s Penn State affiliation, and featured other instructors from the Penn State family: an implicit endorsement of the camp at the very least.
Sandusky ran the camp for nearly a decade, but there doesn’t appear to have been a 2010 edition. By that summer, a grand jury had already begun its investigation.
[Dead Spin by Barry Petchesky, Nov 6, 2011]

In PA, if a person with knowledge of Child Athlete Sexual Abuses notifies an institution’s designated agent for Reporting, as described below in § 6311 (c ), and that agent fails to Report the Crime to authorities, who will assume the failed Child Sexual Abuse Reporting liability? Both the person with knowledge and the agent might become Criminally and Civilly liable. So the person with knowledge must insure a Report is completed.

Persons required to report suspected child abuse - 23 Pa. Cons. Stat. § 6311
SUBCHAPTER BPROVISIONS AND RESPONSIBILITIES FOR REPORTING SUSPECTED CHILD ABUSE
Sec.
6311. Persons required to report suspected child abuse.
6312. Persons permitted to report suspected child abuse.
6313. Reporting procedure.
6314. Photographs, medical tests and X-rays of child subject
to report.
6315. Taking child into protective custody.
6316. Admission to private and public hospitals.
6317. Mandatory reporting and postmortem investigation of
deaths.
6318. Immunity from liability.
6319. Penalties for failure to report.

Chapter Heading. The heading of Subchapter B was amended
December 16, 1994, P.L.1292, No.151, effective July 1, 1995.
§ 6311. Persons required to report suspected child abuse.
(a) General rule.–A person who, in the course of employment, occupation or practice of a profession, comes into contact with children shall report or cause a report to be made in accordance with section 6313 (relating to reporting procedure) when the person has reasonable cause to suspect, on the basis of medical, professional or other training and experience, that a child under the care, supervision, guidance or training of that person or of an agency, institution, organization or other entity with which that person is affiliated is a victim of child abuse, including child abuse by an individual who is not a perpetrator.

Except with respect to confidential communications made to a member of the clergy which are protected under 42 Pa.C.S. § 5943 (relating to confidential communications to clergymen), and except with respect to confidential communications made to an attorney which are protected by 42 Pa.C.S. § 5916 (relating to confidential communications to attorney) or 5928 (relating to confidential communications to attorney), the privileged communication between any professional person required to report and the patient or client of that person shall not apply to situation involving child abuse and shall not constitute grounds for failure to report as required by this chapter.

(b) Enumeration of persons required to report.–Persons required to report under subsection (a) include, but are not limited to, any licensed physician, osteopath, medical examiner, coroner, funeral director, dentist, optometrist, chiropractor, podiatrist, intern, registered nurse, licensed practical nurse, hospital personnel engaged in the admission, examination, care or treatment of persons, Christian Science practitioner, member of the clergy, school administrator, school teacher, school nurse, social services worker, day-care center worker or any other child-care or foster-care worker, mental health professional, peace officer or law enforcement official.

(c) Staff members of institutions, etc.–Whenever a person
is required to report under subsection (b) in the capacity as a
member of the staff of a medical or other public or private
institution, school, facility or agency, that person shall
immediately notify the person in charge of the institution,
school, facility or agency or the designated agent of the person
in charge. Upon notification, the person in charge or the
designated agent, if any, shall assume the responsibility and
have the legal obligation to report or cause a report to be made
in accordance with section 6313. This chapter does not require
more than one report from any such institution, school, facility
or agency.

(d) Civil action for discrimination against person filing
report.–Any person who, under this section, is required to
report or cause a report of suspected child abuse to be made and
who, in good faith, makes or causes the report to be made and,
as a result thereof, is discharged from his employment or in any
other manner is discriminated against with respect to
compensation, hire, tenure, terms, conditions or privileges of
employment, may commence an action in the court of common pleas
of the county in which the alleged unlawful discharge or
discrimination occurred for appropriate relief. If the court
finds that the person is an individual who, under this section,
is required to report or cause a report of suspected child abuse
to be made and who, in good faith, made or caused to be made a
report of suspected child abuse and, as a result thereof, was
discharged or discriminated against with respect to
compensation, hire, tenure, terms, conditions or privileges of
employment, it may issue an order granting appropriate relief,
including, but not limited to, reinstatement with back pay. The
department may intervene in any action commenced under this
subsection.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Nov. 29,
2006, P.L.1581, No.179, eff. 180 days)

2006 Amendment. Act 179 amended subsec. (a).
1994 Amendment. Act 151 amended subsecs. (a) and (b).
Cross References. Section 6311 is referred to in sections
6313, 6318, 6340 of this title.
Section: Previous 6119 6120 6121 6122 6301 6302 6303 6311 6312 6313 6314 6315 6316 6317 6318 Next
Last modified: November 27, 2007

Persons permitted to report suspected child abuse - 23 Pa. Cons. Stat. § 6312

§ 6312. Persons permitted to report suspected child abuse. In addition to those persons and officials required to report suspected child abuse, any person may make such a report if that person has reasonable cause to suspect that a child is an abused child.

Reporting procedure - 23 Pa. Cons. Stat. § 6313
§ 6313. Reporting procedure.
(a) General rule.–Reports from persons required to report
under section 6311 (relating to persons required to report
suspected child abuse) shall be made immediately by telephone
and in writing within 48 hours after the oral report.
(b) Oral reports.–Oral reports shall be made to the
department pursuant to Subchapter C (relating to powers and
duties of department, Pennsylvania Department of Human Services, Child Protective Services) and may be made to the appropriate county
agency. When oral reports of suspected child abuse are initially
received at the county agency, the protective services staff
shall, after seeing to the immediate safety of the child and
other children in the home, immediately notify the department of
the receipt of the report, which is to be held in the pending
complaint file as provided in Subchapter C. The initial child
abuse report summary shall be supplemented with a written report when a determination is made as to whether a report of suspected child abuse is a founded report, an unfounded report or an indicated report.
(c) Written reports.–Written reports from persons required
to report under section 6311 shall be made to the appropriate
county agency in a manner and on forms the department prescribes
by regulation. The written reports shall include the following
information if available:
(1) The names and addresses of the child and the parents
or other person responsible for the care of the child if
known.
(2) Where the suspected abuse occurred.
(3) The age and sex of the subjects of the report.
(4) The nature and extent of the suspected child abuse,
including any evidence of prior abuse to the child or
siblings of the child.
(5) The name and relationship of the person or persons
responsible for causing the suspected abuse, if known, and
any evidence of prior abuse by that person or persons.
(6) Family composition.
(7) The source of the report.
(8) The person making the report and where that person
can be reached.
(9) The actions taken by the reporting source, including
the taking of photographs and X-rays, removal or keeping of
the child or notifying the medical examiner or coroner.
(10) Any other information which the department may
require by regulation.
(d) Failure to confirm oral report.–The failure of a person
reporting cases of suspected child abuse to confirm an oral
report in writing within 48 hours shall not relieve the county
agency from any duties prescribed by this chapter. In such
event, the county agency shall proceed as if a written report
were actually made.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)

Cross References. Section 6313 is referred to in sections
6311, 6335, 6339, 6340, 6349, 6367 of this title.

DEVIANT COACHING BEHAVIORS AND CHILD ATHLETE ABUSE SYNDROME

No one wants to “Call Out” our Coaches. But when Coach act unlawfully, that’s what happens.

Approximately 20% of all professions, vocations, occupations, business people, employees etc. behave abnormally. These include Doctors, Lawyers, Teachers and every working category of society. None are invincible. Many among that 20% are mentally ill. There are many unusual reasons for anomalous behavior.

The Coaching Profession is privileged. Coaches are intended to instruct and mentor, while protecting, most often, innocent, susceptible, vulnerable Child and Youth Athletes. Coaches command a very powerful authority over their Young Athletes.

Cruelty to Young Athletes or Child Athlete Abuse Syndrome (CAAS) is a short title for a clustering of Child (<18) and Youth (15-24) Athlete Morbidity and Mortality secondary to Physical, Psychological (Emotional) Endangerment and Maltreatment causing serious injuries, Sexual Athlete Abuse, Failed Child Custodial Protection, Negligent Coaching Care-Giving Supervision and Human Rights Violations that were inflicted, caused, created or allowed to be inflicted, caused, created, directly or indirectly by the Coach of other person with Child and Youth Athlete Custodial Protection and Supervision.

The Risks, Reasons, Causes and Wrong-Doings that result in Cruelty to Young Athletes and Child Athlete Abuse Syndrome are the following deviations from Child and Youth Protection and Supervision Laws:
• Ignorance of the Law
• Error - deficient performance of Law
• Omission - apathy toward the Law or neglected duty of Law
• Corruption of Conscience from
1. “The Bottom Line”, Financial Gain
a. Sports are a big Business
b. “Money is the root of all evil”
c. “Win-At-All-Costs Attitude
• Perversion - an aberrant sexual practice or interest, especially when habitual [Merriam Webster Dictionary]
• Sadism - delight in Cruelty and/or excessive Cruelty

Sports are not above the Law. College Football is not a closed society, resistant to outside intervention when Crimes occur. College Football and all Sports are not impervious to the Rules of Law. “College Football is not a kingdom unto its own,” [ Former Secretary Condoleezza Rice. Regarding the Penn State Tragedy, on CNN State of the Nation, Candy Crowley Nov 20, 2011].

Socrates said, “It’s not the Spartan tradition to do wrong rather than right.” Knowledge and Awareness are crucial elements for the Promotion of Athlete Safety. “A more knowledgeable mind is more just and a more ignorant one more criminal”, he said.

Knowledge and Awareness of Child and Youth Protection and Supervision Laws, how one must properly care for and treat Young Athletes, are fundamental for The Prevention of Child Athlete Abuse Syndrome. “The more able and expert a mind is, the better it is, and more capable, whatever the activity, of acting both well and badly” [Hippas Minor, Early Socratic Dialogs by Plato, Penguin Classics]

“Self-knowledge is the sufficient condition to the good life.” Socrates equated knowledge with virtue. “If knowledge can be learned, so can virtue. Thus, virtue (the conformity to a standard of right and moral quality Merriam-Webster) can be taught.”

“The unexamined life is not worth living, Socrates stated. One must seek knowledge and wisdom before private interests. Knowledge is sought as a means to ethical action.” An Athlete Centered Sports and Rights System promote the best interest of the Athlete, not the Coach, administration or school.

“What one truly knows dictates one’s conscience or soul, according to which nobody ever does wrong knowingly.”

Socrates assumed reason was the way to the good life. True happiness is promoted by doing what is right. When you’re true usefulness is served (tending your soul), you are achieving happiness. Happiness is evident from the long-term positive effect on the soul.

The Positive Effects of Sports and Gratifications of Athletic Competitions are achieved when everyone participating in Sports are doing what is right. But many that are involved seek what is most serviceable to oneself or what is in one’s own self-interest.

The Socratic ethics has a teleological character or design purpose. Human nature and action aims toward the good, and there is purpose in nature.

The Socratic Paradox: People act wrongfully and unlawfully, but they don’t do so deliberately. It is not premeditated. Preventable, Non-Accidental Athlete Injuries and Deaths are an example. Coaches don’t set out to injure an Athlete.

If the Coach knows what is good for the Athlete, the Coach will always act in such manner as to achieve it. (“Otherwise, one does not know or only knows in a theoretical fashion.”)

If the Coach acts in a manner not conducive to the Athletes good, Socrates would convey that the coach must be mistaken about the knowledge of how to obtain what was operative and proper in that instance.

If one acts with knowledge then one will obtain that which is serviceable to oneself or that which is in ones self-interest.

Thus, for Socrates Knowledge is good and moral and Ignorance is bad, evil and not useful.

An Example: Since no Athlete knowingly harms himself on purpose, if harm comes to an Athlete following improper instruction by the Coach, then that Coach must have acted in Ignorance. If the instruction results in Serious Injuries, Death, Sexual Abuse or human Rights violations, then the Coach has displayed ignorance of the Law, Error of Law, Omission from apathy toward the Law or neglected duty of Law, Corruption of Conscience from the Bottom Line. Money, Fame, Fortune “Win-At-All-Costs Attitude”, Perversion and/or Sadism.

Consequently, it follows the entire Athletic Community, including Coaches, Athletes and Parents are responsible for what we know or what we do not know. Thus, the entire Athletic Community shares in the responsibility for the Positive or Negative Outcomes of Sports and Gratifications, Displeasures and Corruptions of Conscience of Athletic Competitions. However, there is a heirarchy among the Athletic Community of Responsibility for Athete Safety.

The Positive Effects of Sports are achieved when everyone participating in Sports are doing what is right. The essential aspect of understanding the Paradox is to realize that Socrates is referring to the good of the soul in terms of knowledge and doing what’s right for the Athlete not the Risks, Reasons and Causes for the Negative Effects of Sports, the latter play no role in the soul or Athlete being centered.

Coaches seek the good, but fail to achieve it by ignorance or lack of knowledge as to how to obtain what are in reality the good effects of Sports. When harm comes to Athletes, often Coaches thought they were seeking the good, they lacked knowledge.

A Coach might know what is best, yet still do what’s wrong because of Ignorance, Error, Omission and/or Corruption of Conscience from the Bottom Line. Money, Fame, Fortune “Win-At-All-Costs Attitude.” Or Perversion and/or Sadism.is. [Philosophy Courses, philosophy.lander.edu, Philosophy 302: Ethics, The Ethics of Socrates SysAdmin: John Archie, 1998-2011]

“If you know better, do better”, said Uncle Harrison Wheeler.

“Gangelhoff has said that she wrote more than 400 term papers for at least 18 Minnesota basketball players from 1993 to 1998. A subsequent university investigation found that the coach, Clem Haskins, not only broke National Collegiate Athletic Association (NCAA) rules by making cash payments to players, he also told his team to mislead attorneys who were looking into the academic fraud. The university’s report cited the administration’s failure to separate the coach’s influence from the academic support staff. In hopes of preempting possible NCAA punishment later this year, the university has imposed penalties on itself.”

“It rates right at the top as far as scandals go,” says Armen Keteyian, who investigated the scandal. “We’re talking about a system that systematically corrupts the very essence of what public education is all about in this country. Point-shaving scandals and academic fraud are two issues that cut right to the heart of what college sports are all about today, and the integrity of the institution is at stake.”
[Corruption In Collegiate Sports, Business Library, by Joseph T. Wells, Richard B. Carozza FindArticles / Business / Internal Auditor / April, 2000]

“Yes, in a largely materialistic world, it is expected that many individuals are apt to forego morality for immediate gratification.”

“Leaders must lead by example, not just law and principle. They must know that they are role models and that the people look up to them as role models. In a society that is already steeped in much immorality, indiscipline and contempt for the truth, it will become increasingly difficult for our leaders to inspire and motivate citizens to stay on the right path when there is a vast credibility gap.”

Is it that judgment has fled to brutish beasts and men have lost their reason?
[A CORRUPTION OF CONSCIENCE? Western Mirror, 21/05/2011 05:00:00 Contributed]
Sexual Athlete Abuse is a despicable Crime. “The irony to children’s lives is that it is precisely their charming, innocent characteristics which attract corrupt beings, and which ultimately disrupts or even destroys their pure and angelic characters.”

It has been said, however, that it is “through the focus of children that the author indulges his sense of hope” (p.182, de Jonge)
.
“These innocent children become victims of unnecessary torture, but have no choice but to helplessly bear the pain”.

Their innocence ultimately leads to them becoming victims of mental and physical maltreatments Sexual Abuse and Human Rights Viloations.

“Although some children gain strength from theses ordeals, others cannot endure the shame. It is interesting to notice the children’s sense of responsibility for situations around them, whether it be taking care of a father or siblings, or taking the blame for a rape. The idea of self-sacrifice, however, seems prevalent in most of these situations.”

“It almost seems that the children are more mature than the corrupt adults around them. The irony to their lives is that it is precisely their charming, innocent characteristics which attract corrupt beings, and which ultimately disrupts or even destroys their pure and angelic characters. It has been said, however, that it is “through the focus of children that the author indulges his sense of hope” (p.182, de Jonge).” [Dostoevsky and the Theme of Children, Caroline Tillier] [de Jonge, Alex. Dostoevsky and the Age of Intensity. London: Secker & Warburg, 1975.]

“There are two great myths in American sports,” author and sportswriter Frank DeFord scoffed on National Public Radio earlier this year. “No. 1: Next year soccer will finally catch on in America. And No. 2: Next year, college presidents will finally clean up college sports.”

Good line, but the reason for the skepticism is simple: College football is a billion-dollar business. And money talks

“You need major changes, but the people that would do the reforming are the ones making the most money. So why would they reform it?” asked Wetzel, national columnist for Yahoo! sports.

“Ohio State had one of the highest-paid coaches in the country, the highest-paid athletic director and the highest-paid university president. Where’s the incentive to change? Everyone involved is getting really, really wealthy. We may say the system is corrupt, but I guarantee most of the people in it like things just the way they are.”

“That includes the fans, in most cases. “The public has always engaged in a willing suspension of disbelief about college athletics,” said Murray Sperber, visiting professor at the University of California’s graduate school of education and author of several books on athletic departments. “So the school tries to maintain an image of purity, and meanwhile there’s a whole Kabuki theater going on behind the scenes.”
[College football has lost its conscience, Article by: Phil Miller, Star Tribune, June 5, 2011 - 10:24 PM ]

“Kabuki is an original Japanese theater form born in the early 17th century, Edo period. The name ‘Kabuki’ comes from the Japanese word “kabuku”, meaning to behave or act in a modern/liberal way.” Over the years, Kabuki style has come to represent historical beauty of Japan.

Kabuki is one of Japan’s most honored theater forms. Kabuki is a Japanese art form of stylized play performances where the actors wear elaborate costumes and tell the story in terms of elaborate poses, dances. colorful costumes, music, action, high flying characters and samurai movements. There are 5 classic Kabuki plays.

College Football and other Sports events are similar. They are played with multicolored uniforms, band music, physicality, roused personalities, confrontations and big-headed athletes in a specially designed arena.

On the surface College Football is like the Kabuki performance, a magnificent presentation set to reflect the grandeur of football like Kabuki Beauty, Pageantry and Purity in Japanese history. In Kabuki Female Purity and Beauty inspires Female Strength. Most young women in Kabuki epitomize the purity of youthful beauty and innocence. Likewise, the innocence of the College Football scene is displayed on its surface.

Colors are important. The sacred Japanese nature of the color white is incorporated into the masks, kimonos and costumes in Kabuki plays. White facial powder is traditional. Sacred School colors of College Teams represent the purity, honesty, integrity and respectability to that institution of higher learning.

However, the underbelly of both the Beauty and Purity of Kabuki and Pageantry and Integrity of the College, that the Football game and team represent, have hidden story lines.

Underlying Kabuki, the genuine theme is that the given Purpose of Human Existence doesn’t exist in Kabuki life disguised by the Kabuki splendor.

Likewise, the genuine Purpose of Sports and the positive outcomes of Sports Participation in College and other Child and Youth Sports, don’t exist for many coaches and teams. The genuine Purpose of attending College for an Education for Student Athletes doesn’t exist in many College Football programs.

“The Kabuki Life is an aimless journey.” The Kabuki hero doesn’t manifest the Concept of Right and Wrong and doesn’t possess the Western Tragic Flaw, “the Mole of Human Nature or Ethical Code of Conduct. In Kabuki theater characters are sacrificed meaninglessly.

College Football’s Win-At-All-Costs Philosophy and Approved Young Athlete Abuse Syndrome are inconsistent with the Code of College Conduct.

The concepts of conscientiousness, morals, integrity, principled philosophy and honorable character in Kabuki culture are non-existent and in some cases College Football and other amateur Sports.

The entanglement of characters has no predicament solutions because there are no Kabuki rules of conscious order; no right from wrong. These abnormal behaviors defy Kabuki’s superficial Beauty and Purity, paradoxically. [The Kabuki Theater by Earle Ernst, 1974]

Similarly, College Football’s Integrity, Pageantry and Purpose are betrayed.

Hamartia act out ignorant, mistaken, or accidental wrongdoings as well as deliberate inequity, error, or sin. In Nicomachean Ethics, hamartia is described by Aristotle as one of the three kinds of injuries that a person can commit against another person.
Hamartia is an injury committed in ignorance (when the person affected or the results are not what the agent supposed they were). In tragedy, hamartia is often described as a hero’s fatal flaw.[Wikipedia]

In College Football and universally in Child and Youth Sports, Preventable and Not-Accidental Injuries, Deaths, Sexual Abuse and Human Rights violations result from Deviant, Abnormal Coaching Behaviors.

In some instances, College Football and Child and Youth Sports, are analogous to Kabuki themes. They have lost their conscience while attempting to perfect their beauty, integrity, pageantry, power, instruction, culture, purity and purpose in a misdirected Hamartialized and harmful journey.

FORMER PENN STATE FOOTBALL COACH CHARGED WITH SEXUAL ABUSE

“A former defensive coordinator for the Penn State football team was arrested yesterday Saturday Nov 2 2011 on charges of sexually abusing eight boys across a 15-year period. Jerry Sandusky, 67, who had worked with needy children through his Second Mile foundation. Gary Schultz, the senior vice president for finance and business, and Tim Curley, the athletic director Penn State, were charged Saturday with perjury and failure to report to authorities what they knew of the allegations, as required by state law.”

“This is a case about a sexual predator who used his position within the university and community to repeatedly prey on young boys,” the Pennsylvania attorney general, Linda Kelly, said in a statement.”

“Mr. Sandusky was an assistant defensive coach to Joe Paterno, the coach with the most career victories in major college football, who helped propel Penn State to the top tiers of the sport. Until now, the Big Ten university had one of the most sterling images in college athletics, largely thanks to Mr. Paterno and his success in 46 seasons as head coach.” [New York Times, Sam Borden contributor Nov 6, 2011]

‎”How To Report Child Abuse in Pennsylvania: “If you suspect that a child is being abused, abandoned or neglected, contact the agency listed below, call local Child Protective Services, call 9-1-1.”… “Here is a link Pennsylvania Department of Public Welfare Toll-Free: (800) 932-0313 TDD: 866-872-1677