ATHLETE SAFETY 1st, CAPPAA, is a “not for profit” Education, Teaching, Scholarship, Research and Advocacy Web Site formulated by the editor / reporter, after 65 years of doing life, in good mental health, having a coped with the normal stresses of life, worked productively and fruitfully, and made contributions to his community.”
Acording to the CDC, “Nobody gets through mental life doing a 10 on a coping scale of 1 to 10.” [TJM] “In psychology, coping means to invest one’s own conscious effort, to solve personal and interpersonal problems, in order to try to master, minimize or tolerate stress and conflict. Doing life, while coping, generally refers to adaptive, constructive, coping strategies, which reduce stressors and adversity, the stimuli for survival. Sixty-five + years of doing life and coping and then reflecting and researching are fundamental to advocacy from a voice of wisdom. [Mental Health definition, “Centers for Disease Control and Prevention, Program Performance and Evaluation Office, October 4, 2013]
This Web Site is an initiative that utilizes Honest, Good Faith Actions about Athlete Safety Medicine, and the advocacy for the Prevention of Child and Youth Athlete Physical and Emotional Maltreatment and Endangerment that cause Serious Injuries and Deaths and the prevention of Sexual Abuse, Negligent Supervision and Human Rights Disorders.
CAPPAA is an acronym for Child and Youth Physical, Psychological Endangerment and Maltreatment and Sexual Abuse, Negligent Supervision and Human Rights Disorders. Children are less than 18 years and Youth are 15-24 years of age.
The 5 main objectives for the definition of Child Athlete Abuse Syndrome (CAAS) and other associated definitions are:
1. Prevent abuse and cruelty to Child and Youth Athletes, who Participate in Sports, Recreation and Exercise (SRE)
2. Promote Athlete Safety 1st
3. Prevent criminal and civil Risks for “Problematic Offenders” who don’t know about the legal relationship they have with Children who participate in SRE
4. For everyone’s protection and safety, Define the circumstances creating or causing CAAS, so that everyone concerned completely understands the legal coach-athlete, team doctor-athlete, parent-athlete and other ‘Caretakers’ relationship and repercussions and risks, when the relationship is violated,
5. These objectives are to be accomplished by utilizing Education, Teaching, Scholarship, Research, Advocacy and Legislation.
Most culpable direct and indirect perpetrators, ‘Problematic caretakers’, of CAAS are the Coach, team Doctor and parent. Recent records and reports verify those 3 most ofetn Offencers. There, of course, are others.
‘Problematic caretakers’ will continue maltreating and abusing Athletes as long as they are not educated about their legal relationship with child and youth Athletes, believe they can get away with the offense and/or they believe they are promoting “mental toughness” in sports and/or believe their sexually abusive practices are ‘consensual’ with ‘informed consent’ or beneficial and/or their predatory behavior and/or misbehaviors are ok with the parents, guardians, establishment and athletic community i.e. ‘just part of the game’.
Unfortunately, it is too late, after the ‘Problematic Caretaker’ is blindsided with a criminal indictment or civil lawsuit and left to “hang out to dry” alone by themselves, when their administrators and superiors are considered by the law immune to similar charges.
“The deterrent effect of the ‘Offender” getting caught and charged has by itself a larger influence in reducing the propensity to abuse children than any other likely justice action.” [Preventing Child Maltreatment, the Future of Children, Vol. 19 no. 2 Fall]
Most individuals have a clear understanding of the meaning of violence. But the laws, policies and practices that are in place to protect children outside of sport are not always applied to organized sports play. Within certain sports, there appears a variety of definitions and situational circumstances that distort the meaning of the word, violence.
“Violence in sport can be defined as behavior that causes harm, occurs outside of the rules of the sport and is unrelated to the competitive objectives of the activity.” [conversation with Paul Melia and Karri Dawson LIVE, BEYONDtheCheers]
Child Athlete Abuse Syndrome (CAAS) is a short title for a clustering of Child (<18) and Youth (15-24) Athlete serious injuries and deaths, morbidity and mortality, during Sports, Recreation and Exercise (SRE) participation secondary to:
• Physical Endangerment, Maltreatment and/or Abuse
• Psychological (Emotional) Endangerment, Maltreatment and/or Abuse
• Sexual Abuse
• Failed Child Athlete Custodial Protection
• Negligent Care-Giving Supervision
• Human Rights Violations
• That were inflicted, caused, created, or allowed to be inflicted, caused or created, directly or indirectly by ‘Problematic Caretakers’, the ‘Offender’ . whose legal relationship with the Minor Child Athlete is Permanent Caretaker or Temporary Substitute Caretaker.[6.]
(Note: “The United Nations define youth as persons between the ages of 15 and 24. UNESCO understands that young people are a heterogeneous group in constant evolution and that the experience of ‘being young’ varies enormously across regions and within countries.” [UNESCO] Minor Youth would be age 15-18)
Let’s be clear from the beginning. Child Athlete Abuse Syndrome and Cruelty to Children in SRE are Medical Doctors’ concerns. They summons all Doctors for Prevention and Awareness of Child Ahtlete morbidity and mortality. If ‘Problematic caretakers’, of CAAS are the Coach, team Doctor, Parent, or other ‘Offender’, their unlawful behaviors triggers Forensic Medicine Investigations immdiately following the incidents.
Fortunately, ‘Problematic Caretakers’ are in the minority, but the the few prey on Children in every venue .
In fact, the majority of caretakers are dependable and trustworthy. But a few bad apples spoil the lot, in every profession i.e. Doctors, Lawyers, Judges, Teachers, Ministers, Boy Scout leaders etc. Reams of paperwork, laws and litigations line the walls of Court Houses because of the Criminal minority.
Doctors take proactive interest in the Prevention of Illness, Disease and Not-Accidental Injuries and Deaths. ‘Problematic Caretakers’ who Abuse Children, cause Preventable, Not Accidental Morbidity and Mortality to those Children. That causes an increased Health Care Burden to Doctors and Society and increased Health Care Dollars.
Doctors are required by law to Report ‘Problematic Caretakers’ who Abuse Child Athletes and other participants in Sports, Recreation and Exercise.
At the same time, it facilitates offenders’ Education and Awareness and the deterrence of Criminal and Civil penalties and punishments of offenders following reckless behaviors which place both Young Athletes and ‘Problematic Caretakers; simultaneously at Risk.
Unfortunately, ‘Problematic Caretaker’, like other offenders and criminals, will keep doing it until they find out they can’t get away with it.
This Website is for the Protection of Offenders from Criminal and Civil Litigation through better understanding of their Role in SRE and their legal relationship with Child Athletes.
“What’s best for our Child and Youth Amateur Athletes” is a conversation and examination needed in the United States and world wide. Our course of action requires change for the survival of Amateur Competitive Sports as we want to know them.
Survival will depend on adaptation to improved Child and Youth Athlete Safety, Health and Welfare and Human Rights performance. Currently our Amateur Athletes are a “Vulnerable, Health Disparity Population”.
Advocates should speak-out and challenge authorities and systems in crisis as proclaimed by the Surgeon General in 2005 and recommend education, awareness and positive solutions. The First Amendment to the Constitution of the United Sates protects our Right to speak-out for Children and Youth.
I. By virtue of the Doctor’s professional role in society that is characterized by
• reliable evidence
• moral obligation
• medical qualifications
• expertise and experience in assessing and reacting to
a. actual sports injuries and emergencies
b. potential sports injuries and emergencies
II. And when Doctors recognize
• a high probability of potentially serious conditions
• and the likelihood of continued unawareness of these potentially serious conditions, until the conditions become more pronounced,
III, Doctors have an imposed professional obligation to offer unsolicited, spontaneous, voluntary Medical Opinions for Child and Youth Athlete Safety and the Prevention of Cruelty to Young Athletes.
[Unsolicited medical opinion, R.M. Ratzan, J Med Philos. 1985 May;10(2):147-62.]
[Excuse Me, But You Have a Melanoma on Your Neck! Unsolicited Medical Opinions, Oxford Journals Humanities & Medicine Journal of Medicine and Philosophy Volume10, Issue2 Pp. 163-170.]
One injury that has been spoken-out recently, for example, is athlete concussion. Some are accidental and not preventable and inherent to the game that was played. Others are not-accidental and preventable and not inherent or natural to the game that was played. “The number of athletic children going to hospitals with concussions is up 60 percent in the past decade; likely because Coaches, team Doctors and trainers and Parents are more careful about getting these head injuries treated, according to a new federal study.” There are 300,000 Child Athlete Concussions every year.
Some argue the increase is the result of better reporting of concussions that were always present but unreported and not treated. Some argue its both better reporting, improved treatment and an actual incidence increase. Nonetheless, the number of concussions is alarming. [By Mike Stobbe, AP reporter 10/6/2011]
ATHLETE SAFETY MEDICINE (ASM) is an innovative, recently created Branch of Medicine for the Examination, Treatment and Holistic Health Care of Child and Youth Amateur Athletes:
• Promotes the Advancement of Child and Youth Amateur Athlete Safety, Protection, Security, Supervision and Human Rights
• Promotes Education and Awareness about Athlete Health-Care, Well-Being, Growth and Development
• Promotes the Prevention of Diseases, Injuries, Catastrophic Injuries and Deaths and Sexual Abuse and Human Rights Disorders
• Motto: “Play with Athlete Safety 1st”
In every state the definitions of medicine are very broad. Doctors have great latitude. autonomy and freedom in the interventions and treatments they provide. As it should be. Why? It’s because of the absurdities. maladies, diseases, epidemics, brutalities, atrocities, and massacres against human life.
The scope of the definitions’ general legal language allows Doctors to do nearly anything during their medical practice deemed necessary for the protection human life. The criteria required to obtain and maintain a medical license is controlled by state medical licensure boards. Medical licensure is state authority that protects public health by preventing patient exposure to dangerous non-scientific medical practice.
Athlete Safety Medicine and the National Center for Athlete Safety Medical-Legal Partnerships were established on verifiable, scientific facts concerning the safety and efficacy of their promotion of awareness, education and interventions of behalf of Child and Youth Amateur Athletes.
No authority intervened on behalf of the 1962 University of Kentucky Football Wildcats during that tragic Badshaw era. We advocaes endeavor to prevent a Bradshaw recurrence. See the details in the book “The Thin Thirty by Shannon Ragland published by Set Shot Press in 2005.
We aim to dispel the notion that “Competitive Sports begins where healthy sports end”. Bertolt Brecht. German Author.
On September 22, 2011, the Medical-Legal Partnership for Health Act was re-introduced by Senate Health, Education, Labor and Pensions Committee chairman Senator Tom Harkin (D-IA), along with Senators Patrick Leahy (D-VT) and Daniel Inouye (D-HI). The M-LP for Health Act had been tabled since 2010. [National Center for Medical-Legal Partnerships, Boston]
The American Medical Association, the American Academy of Pediatrics, the American Bar Association have endorsed the Bill and M-LPs.
Congress turned its attention to “health disparity populations” (HDP) with negative personal, social, economic and environmental determinants that initiate “harmful health status”. HDPs have major inequality in their “overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates as compared to the health status of the general population.” [Section 485E (Sec. 931) Current Public Health Law (PHL)]
The laws that govern medical practice and the Prevention of Child and Youth Physical and Emotional Maltreatment and Endangerment that cause Serious Injuries and/or Deaths and Sexual Abuse and Human Rights Disorders are important elements in the practice of medicine. This web site encourages such familiarity and encourage service to the Rule of Law.
The practice of medicine is very comprehensive and is defined by the ENACTMENTS OF KENTUCKY LAW: KENTUCKY REVISED STATUTES, KRS 311.550 Definitions for KRS 311.530 to 311.620 and KRS 311.990(4) to (6). As used in KRS 311.530 to 311.620 and KRS 311.990(4) to (6):
The “practice of medicine or osteopathy” means the diagnosis, treatment, or correction of any and all human conditions, ailments, diseases, injuries, or infirmities BY ANY AND ALL MEANS, METHODS, DEVICES, OR INSTRUMENTALITIES.
The Child Abuse Prevention and Treatment Act (Public Law 93-247) provides federal funding to
• States in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants
• To public agencies
• And to nonprofit organizations for demonstration programs and projects
• States who receive those grants and funds are mandated to abide by federal laws
Additionally, CAPTA identifies the Federal role in supporting research, evaluation, technical assistance, and data collection activities; establishes the Office on Child Abuse and Neglect; and mandates the National Clearinghouse on Child Abuse and Neglect Information. CAPTA also sets forth the definition of child abuse and neglect.
The key Federal legislation addressing child abuse and neglect is the Child Abuse Prevention and Treatment Act (CAPTA), originally enacted in 1974 (Public Law 93-247). This Act was amended several times and was most recently amended and reauthorized on June 25, 2003, by the Keeping Children and Families Safe Act of 2003 (P.L. 108-36).
Doctors and citizens who do their duty for Child Protection are provided immunity from legal complications. KRS 620.050: Immunity for Good Faith Actions or Reports; Investigations; Confidentiality or Reports
Anyone acting upon reasonable cause in the making of a report or acting under KRS. 620.030 or 620.050 in good faith shall have immunity from any liability; civil or criminal, that might otherwise be incurred or imposed.
Good Faith Definition, [Merriam-Webster] Legal Dictionary: Etymology: [Latin – bona fides] : honesty, fairness, and lawfulness of purpose: always based on honesty, “honesty in fact in the conduct or transaction concerned.” The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals.
A Children’s Advocacy Center means…KRS 620.020 (4): “Children’s advocacy center” means an agency that advocates on behalf of children alleged to have been abused; that assists in the coordination of the investigation of child abuse by providing a location for forensic interviews and medical examinations and by promoting the coordination of services for children alleged to have been abused and that provides, directly or by formalized agreements, services that include, but are not limited to, forensic interviews, medical examination, mental health and related support services, court advocacy, consultation, training and staffing of multidisciplinary teams
“The National Children’s Advocacy Center is located in Huntsville, Alabama, and has revolutionized our nation’s response to child sexual abuse since its creation under the leadership of Bud Cramer. The work of the NCAC serves as a beacon of hope for more than 250,000 child abuse victims every year.”
“Each year, thousands of people from the United States and around the world are trained on how to recognize and support endangered children. More than 54,000 child abuse professionals from all 50 states and 20 countries have been trained by the NCAC.”
This leader in the fight against child abuse began simply: a community who wanted a better way to help young victims of sexual abuse was in 1985, former congressman Robert E. “Bud” Cramer (AL), who was then a District Attorney, organized an effort to create a better system to help abused children.
C.A.A.R.E, (Child Athlete Abuse Recognition Education] is one of our main objectives. We hope for revolutionary responses and changes in the “Vulnerable, Health Disparity Child and Youth Amateur Athlete Population” The NCASM-LP might lead to an Advocacy Center.
ATHLETE SAFETY 1st, CAPPAA, OBJECTIVES, GOALS AND MISSION STATEMENT:
• ADVOCATES THE ASSURANCE OF ENVIRONMENTAL AND BEHAVIORAL CONDITIONS IN WHICH ATHETES CAN BE HEALTHY WHILE PARTICIPATIING IN SPORTS.
• Is for Nonprofit Awareness, Educatinal, Promotion and Prevention Purposes
• Offers free Category II (2) CME, Continuing Medical Education for Doctors and Health Care Professionals.
• Gathers important information in one location on this web site for:
• Education, Awareness, and Advocacy for Athlete Safety 1st and Prevention of Child Abuse in every venue or setting
• Education of Coaches, team Doctors, Parents and other potential Offenders to prevent self-inflicted blindsiding by Rules of Law and Regulations that put them at risk for Criminal and Civil Litigation
• Education about Risk Management
• Improved Health, Care, Protection, Supervision and Human Rights of Child (<18) and Youth (15-24) Amateur Athletes who are a Vulnerable, Global “Health Disparity Population”.
• Safeguard against:
• Physical and Psychological (Emotional) Maltreatment and Endangerment and Sexual Abuse
• Improper Child and Youth Custodial and Protection
• Breach of Coach and Youth Athlete Fiduciary Trust
• Negligent Care Giving Supervision
• Child Athlete Abuse Syndrome
• All forms of Sports Violence
• Human Rights Violations: Amateur Athlete Human Rights Disorder.
• Awareness that Child and Youth Welfare in Sport is essential
• Safekeeping of ‘Problemstic Caretakers’ from Criminal and Civil Litigation thru improved Awareness and Education
• REINFORCE THE POSITIVE OUTCOMES OF SPORT:
The positive outcomes of sport for young athletes are physical, personal, and social. The benefits are enjoyment, pleasure, fulfillment, character building, self reliance, fitness, stress relief, healthy habits, satisfaction in the mastery of the game, preparation growth, resilience, attitude control, leadership development, self identity, time management, teamwork, relationships with other young athletes when conducted with the young athlete’s personal safety.
The positive economic outcomes are the positive contributions athletes make to society and the potential for improved economic well being of the individual who participated in sports.
Athlete welfare is a wider world of child welfare and now recognized by the world of sport.[World Health Organization. WHO]
Micheal B. Minix, Sr., M.D. is not soliciting business to be a hired as a medical witness or provide expert medical testimony or consultation for Civil Suits.
ATHLETE SAFETY 1st, CAPPAA, has no advertising, adds, fundraising, solicitations campaigns or donations. ATHLETE SAFETY 1st, CAPPAA, is strictly a non-profit web site. This reporter discloses that he has no significant relationships with or financial interests in any commercial companies that pertain to this web site and no conflicts of interests to disclose.
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This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, TEACHING, SCHOLARSHIP AND RESEARCH. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
Use is fair if it is for 1. Nonprofit Educational Purposes.
The President Obama administration issued a directive February 2013 declaring that scientists have to share the results of their taxpayer funded research. The results of these scientific studies aren’t always available to just anyone.
The results of scientific research are published in scholarly journals that aren’t sold in your local bookstore. While some of these journals share their content with anyone online, most of these journals aren’t available for free.
Accessing articles in these “closed access” journals can be pretty difficult for the average american taxpayer who is not affiliated with a research university. It might require a (sometimes quite costly) subscription.
The practice of making scholarly journal articles available at no cost to readers is called Open Access, and I believe it is the natural extension of the sense of community and advancing knowledge that drives science.
[Good news about sharing scientific research by Bonnie Swoger Feb 28, 2013 ScientificAmerican.com]
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