CHILD AMATEUR ATHLETE ABUSE IS FORENSIC MEDICINE NOT COMMERCE

Let’s be clear. The U.S. Federal Government and all U.S. State Governments were provided Sovereign Enumerated Powers i.e. Powers with authorities, that were reserved specifically for only the federal government to administrate and specifically for only State Governments to administrate.

Child Protection, Welfare and Abuse were specifically provided for only State Governments to administrate, not the Federal, when the States retained specific State Authorities and, at the same time, merged into one Federal Government, the United States.

Children are in the State ‘Parens Patriae’ and Parents (Guardian) Bi-Patriate custody. When Parents (Guardians) are unable or unwilling to provide proper care, custody and control of their Children, the state has the authority to intervene, proceed and continue.

Furthermore, Child Amateur Athlete Olympian Sexual Abuse is only one type of ‘Child Athlete Abuse Syndrome’, Sexual Abuse, in only one limited venue, the United States Olympics.

Even further, Child Amateur Athlete Sexual Abuse, on any legal level, varies by States from ‘sexual grooming’ to an unlawful attempt for informed consent, which a Child is not legally aged to permit, to  assault and an injury that might result in Children’s’ Psychological guilt, shame, nightmares PTSD, bodily and/or genital trauma, and/or a sexually transmitted disease (STD) and/or death of the victim.

“Courts make a variety of decisions that affect children, including placement and custody determinations, safety and permanency planning, and proceedings for termination of parental rights. Whenever a court makes such a determination, it must weigh whether its decision will be in the “best interests” of the child.

“All States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes requiring that the child’s ‘best interests’ be considered whenever specified types of decisions are made regarding a child’s custody, placement, or other critical life issues. [‘Best Interests of Children, State Statutes, current March 2016,

“All infants, children and adolescents, regardless of physical or mental disability, have dignity, intrinsic value, and a claim to respect, protection, and medical treatment that serves their best interests.”

“The principal obligation of the physician is to the individual patient rather than to society or the health care system. Physicians should act as advocates for their individual patients when scarce resources seem to limit access to care.” [Treatment decisions regarding infants, children and adolescents. Paediatrics & Child Health. 2004;9(2):99-103.]

U.S. Supreme Court Troxel v. Granville, 530 U.S. 57 (2000): In this case the United States Supreme Court issued a landmark opinion on parental liberty. When Parents (Guardians) are able and willing to provide proper care for their Children, Parents have the fundamental right to make decisions concerning the care, custody, control and medical decisions for their children. [Decisions of the United States Supreme Court Upholding Parental Rights as “Fundamental”, by Christopher J. Klicka, Esq. October 27, 2003]

The 14th Amendment (XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. The amendment addresses citizenship rights and equal protection of the laws. It followed the end of the Civil War, protection of our nation, emancipation of slaves and the end of ‘legal’ slavery. Some Southern sympathizers did not ratify the 14th Amendment.

The amendment’s first section includes several clauses including the Equal Protection Clause. The Due Process Clause prohibits state and local government officials from depriving persons of life, liberty, or property without legislative authorization. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including all non-citizens, within its jurisdiction. This clause has been the basis for many decisions rejecting irrational or unnecessary equal protection discrimination against people belonging to various groups.

“It was Justice William Brennan who set the Supreme Court on an inexorable march through the 1960s to bring most of the other pieces of the Bill of Rights, Fourteenth Amendment guarantees of fairness in the criminal justice system, into play.”

“In a speech in 1961, just four months before the court started down this step-bystep path, Justice Brennan said, “The need for vigilance to prevent government from whittling away the rights of the individual was never greater.”

The Civil Rights Act 1964, (Pub.Law. 88-352,78 Stat.241) was landmark Civil Rights Law that outlawed discrimination. Justice Brennan emphasized the government’s duty to abide by the 14th Amendment. Southern sympathizers have yet to ratify and recognize the 14th Amendment.

“Today, as rarely before, case after case comes to the court which finds the individual battling to vindicate a claim under the Bill of Rights against the powers of government, federal and state.

“The Bill of Rights is the primary source of expressed information as to what is meant by constitutional liberty. The safeguards enshrined in it are deeply etched in the foundations of America’s freedoms. The court turned its attention to giving meaning to the equal protection clause in the desegregation battles of the 1950s.  [Stephen J. Wermiel, Rights in the Modern Era: Applying the Bill of Rights to the States, 1 Wm. & Mary Bill Rts. J. 121 (1992), http://scholarship.law.wm.edu/wmborj/vol1/iss1/7]

The Safe Sport Act and Center for Safe Sport are not legislatively drafted to prioritize the forensic medicine ‘best interests’ of the child concept (IMHSMC.A.R.E.O). The SSA and CSS appear to prioritize perpetrator punishment such presentation of a Coach or other perpetrator’s case before a Center for Safe Sport panel and banning the Coach from coaching before a criminal trial.

For example; “Kentucky Coach among first banned from track events for alleged sexual misconduct,” by Linda Blackford Apr 20,2018 Lexington Herald Leader]

“A private pole vaulting coach based in Lexington, KY who has worked with high school and college students in at least two states has been banned from official USA Track and Field events for alleged sexual misconduct.”

His ban was ordered during the ‘old SafeSport regime’ prior to the newly legalized SSA and SSC Law Feb 2018.

“The ruling on this coach, is one of the first made by the U.S. Center for SafeSport, created by the U.S. Olympics Committee in 2016 in the wake of several scandals, including sexual abuse by national gymnastics doctor who was recently convicted of sexual assaulting his patients.”

The article describes this suspect’s continuing problem, not yet resolved in 2018. The delayed resolution of his problem is the focus of this journalist’s response.

The banned Coach’s Lexington attorney, said “the ‘dispute’ with SafeSport is ongoing and has not reached final resolution.” Please read the complete article:  http://www.kentucky.com/news/state/article209431034.html#emlnl=Afternoon_Newsletter

Denial of effective, definitive justice is a menace to society. [Frederick Douglas] Lengthy unresolved judiciary, while in the meantime demeaning, punishing and banning the suspect from prospective employment is a travesty and not fair-minded and impartial to either the suspected victim or the suspected accused. Both require definitive actions.

Advocates agree with perpetrator permanent punishment, following temporary suspension, followed by conviction, but Child Athlete Victim examination, injury assessment, treatment and Child Safety should be 1st.

State Child Protective Services (CPS), Social Services and the State County Attorney have authority for protective orders and other perpetrator restrictions.

When health care personnel, who have knowledge about Child Abuse, are consulted about drafting legislation or reauthorizing and consolidating previous legislation, victim healthcare will be prioritized.

The Multidimensional Team approach, recommended by The U.S, Department of Justice to each state, establishes immediate healthcare team intervention for victimized Children.

This journalist advocate was trained in Child Abuse Recognition Education. C.A.R.E., 2009, and certified to instruct physicians and their staffs to recognize Child Abuse and the Multidimensional Team approach.

The outrage from Child Amateur Athlete Sexual Abuse, a Forensic Medicine Epidemic, began with a multitude of Swimming Club and Olympic Gymnastic victimizations.

“Forensic Medicine is the application of medical knowledge to the investigation of crime, particularly in establishing the causes, augmenting prosecution and future prevention of injury or death.” [MedicineNet}

California Representative George Miller asked the GAO for a complete swim club and other organizations’ sexual abuse investigation. “Miller said, “I write today to supplement my July 2012 request to include information about the prevalence of abuse among student-athletes and the manner in which such abuse cases are reported, investigated and resolved.”

“Fueled by the sex-abuse scandal involving a former Pennsylvania State University assistant football coach, Miller asked the GAO in the summer of 2012 to examine whether existing laws adequately prevent child abuse in K-12 schools or on college campuses. Most states have clear laws requiring K-12 teachers and other school employees to report suspicions of abuse to police, but the abuse continues.”

Advocates for the Olympians. more expert in officialese and legalese, began organizing to the limit with 501(c)(3)s and organizations, realizing advocacies were often expensive agendas, and  soliciting petitions for Congressional actions, realizing both respectively were necessary and effective modus operandi.

Recognizing the other types of Child Amateur Athlete injuries and deaths and concurrent increase in maltreatment and endangerment football strategies, the “National Center for Catastrophic Sport Injury Research began in 1965 when the American Football Coaches Association funded Dr. Carl Blyth at the University of North Carolina at Chapel Hill to continue his research on football-related fatalities.  In 1977, data collection was expanded to non-fatal football injuries.  A national center was created in 1982 to expand data collection to all sports under the direction of Frederick O. Mueller, PhD.  Dr. Mueller and Dr. Robert Cantu (Medical Director) led the NCCSIR for 30 years and have published annual reports on catastrophic sports injuries and illnesses which have helped various sporting organizations develop health and safety policies.”  [History, National Center for Catastrophic Sport Injury Research , University North Carolina]

similarly, sport fans and aficionados became outraged by the number of sudden deaths among Child Amateur Athletes.  Advocates organized for the Prevention of Child Amateur Athlete Physical and Psychological Endangerment and Maltreatment, Negligent Supervision and Civil Rights Violations.

Our first University of Kentucky Football 1961 Class Reunion was June 14, 2008, 47 years after our tragic, brutal, abusive football experience and about 1 year after the publication of The Thin Thirty.

The Thin Thirty is a remarkable book written by Shannon Ragland and published by Set Shot Press in 2007. It is an historical book about the University of Kentucky brutal, abusive football tragedy in 1962, untold and hushed until TTT publication.

Reunion Questionnaires were mailed to our teammates and information gathering began. Concerns about teammates reported experiences 47 Years Ago began to accumulate as teammates returned information for the Reunion. 2 psychologists associated with our team recognized the occurrence of PTSD signs and symptoms among other injuries.

We realized our teammates suffered morbidity and mortality from the reports submitted. That prompted us to survey our 1961-1962 University of Kentucky Football Team. Frank Deford, Sports Illustrated reporter, said from his recollection, it was the “first study of its kind”.

Thus began our research group’s difficult, altruistic mission to discover the circumstances and pathology that compelled Charlie Bradshaw and his assistants to the vile, tyrannical, brutal, abusive, abnormal Coaching Behaviors that they manifest during 1962.

The result was “A Longitudinal and Retrospective Study of The Impact of Coaching Behaviors on the 1961-1962 University of Kentucky Football Wildcats”, Kay Collier McLaughlin, Ph.D., Micheal B. Minix Sr. M.D., Twila Minix, R.N., Jim Overman, Scott Brogdon.

Child Amateur Athlete Abuse, as all Child Abuse, injuries, diseases and/or deaths

  • are Forensic Medicine conditions. Criminally caused and allowed caused injuries and diseases are primary emergency / urgency duties and must be examined and treated before they become deaths. All other considerations are secondary.
  • Medical Emergencies algorhythmically should precede other considerations in real time and thus when legislatively drafted in the law
  • Forensic Medicine injuries and deaths are “not reached” and should not be “regulated” by the Commerce Clause, [SCOTUS Lopez, Morrison]
  • as supposed in Safe Sport Act (SSA) and Center for Safe Sport (CSS), which appears to be treading less-than-solid ground, “legislative unconstitutional overreaching,”  “on the windy side of the law,” when it attempts to “create” a law that already exists, and enacts a statutory overlay on the present law,”
  • [William M. LeoGrande, Contras Have Probably Lost Congress, L.A. TIMES, Dec. 2, 1986, at 115 (quoting Sen. Sam Ervin); see WILLIAM SHAKESPEARE, TWELFTH NIGHT act 3, sc. 4, 1. 154 (Alfred Harbage ed., Penguin Books 1969) (Fabian: “Still you keep o’ th’ windy side of the law.”)][See Letter from President Carter to Representative Frank Church, Chairman, Senate Foreign Relations Committee (June 4, 1979) [hereinafter Carter Letter], reprinted in The National Security Adviser: Role and Accountability: Hearing Before the Comm. on Foreign Relations, 96th Cong., 2d Sess. 129 (1980) [hereinafter NSA Hearing]. Carter claimed that the proposal encroached on the President’s traditional authority to select those officials who are a “direct extension of the Presidency.” Id.][Douglas S. Onley, Treading on Sacred Ground: Congress’s Power to Subject White House Advisers to Senate Confirmation, 37 Wm. & Mary L. Rev. 1183 (1996), http://scholarship.law.wm.edu/wmlr/vol37/iss3/6]
  • “If the court determines that a new law is not substantially different from the old law, it should strike down the statute as a mere ‘colorable abolition’.
  • and the venue, in which the Forensic Medicine injury and disease occur, is not exclusively a U.S. Olympic activity. It can happen in any of the ICD-10 multitude of activities in which Children participate.
  • 8 million Child Olympian Amateur Athletes are “now protected by the Safe Sport Law and Center for Safe Sport” according to their experts
  • That leaves 38 million non-Olympian Amateur Child Athletes unequally, unprotected by the SSA and CSS,
  • Actual Population of U.S. Children in 2016  (0-17 Minor Child <18 years) 73.6 million [U.S. Census Bureau, Child Stats.gov, Child and Family Statistics]
  • Approximately 44.28 million children played one school or non-school sport in 2017
  • Nearly 60% (46 million) Children Participate in Extracurricular Activities, Census Bureau Reports, December 09, 2014 [Release Number: CB14-224]
  • Advocate claims “Abuse is in every single sport, but we now have protection for 8 million children.”
  • Therefore, ~17% of U.S. Child Amateur Athletes are now protected by the new SSA and CSS Law
  • Cherry picking certain Child Amateur Olympian Athletes for special promulgation, prevention, protection, funding, education, investigation. litigation, justice and additional consideration by a new law are extremely problematic.
  • Therefore, 38 million (78%) Child Amateur Athletes do not receive special promulgation, prevention, protection, funding, education, investigation. litigation, justice and additional consideration by a new law
  • But thankfully, still regulated by The Child Abuse Prevention and Treatment Act (CAPTA), originally enacted in 1974 (Public Law 93-247), amended several times, most recently CAPTA Reauthorization Act on December 20, 2010,
  • provides federal funding to US states in support of prevention, assessment, investigation, prosecution, and treatment activities and provides grants to public agencies and nonprofit organizations for demonstration programs and projects.
  • 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.
  • sets forth definitions of child abuse and neglect.
  • The complete text of the lengthy law is listed under U.S. Code Title 42, Chapter 67.[ U.S. D.H.H.S. Administration for Children and Families] [Library of Congress – Public law 93-247]
  • A booklet presenting CAPTA, as amended by the Keeping Children and Families Safe Act of 2003, including the Adoption Opportunities program and Abandoned Infants Assistance Act, as amended, is available from the Children’s Bureau.

Since the expanded authority of the Commerce Clause allows the Federal regulation of Child Amateur Athletes in the SSA and CSS, Risk management companies are logically concerned about the confusion generated by the SSA and CSS. EMC Insurance asks, “how does the Act impact schools that do not participate in interstate competitions?  The law doesn’t make it entirely clear what, if anything, schools who don’t participate in interstate competitions need to do to comply with the law.” [EMC Insurance Companies, Des Moines, Iowa]

“The Safe Sport Act is new and many questions are already arising as to the interpretation of some provisions and the applicability of special circumstances.”….”It will take many years of court cases to further answer these questions.” From this excellent article: [New Safe Sport Act Applies to Most Amateur Sports Organizations, Sadler and Co, Inc. Risk Management 2018]

“The Safe Sport Act expands the list of individuals required to report child sexual abuse. For some organizations, the Act also requires all adults to immediately report suspicions of abuse to the US Center for Safe Sport and the appropriate law enforcement agencies, as determined by state and federal law.

“Each state has a reporting statute related to child abuse and neglect. It is imperative that each youth sport organization understands the new federal obligations, as well as the respective state-specific obligations.”

So do States or Federal Government regulate Child Athlete Sexual Abuse? Lack of clarity, confusion and ambiguities abound. As time goes by, experts predict bewilderment will become overwhelming. [Preventing Child Abuse: New Federal Requirements Facing Youth Sports 2/16/2018 Philadelphia insurance Companies]

When in doubt and citizens don’t know if the SSA and CSS is enforceable, when their Athletes don’t travel interstate and internationally, citizens should follow the usual standard of care defined by CAPTA 2010, which begs the questions: why was the SSA and CSS Law created in the first place, designed poorly and, as such appears, unconstitutional in whole or parts, to “replace and overlay” laws that already exist; rather than reauthorize, amend, repeal, replace and/or consolidate the existing laws, in a more comprehensive, mega-legislative effort, than drafted?

Step I. The medical profession instructs that All rape is an emergency/urgency, because victims do not often appear outwardly injured. All rape victims must be evaluated, examined, some body parts by parent/guardian/victim choice, and treated by health care professional immediately.

  • After getting appropriate medical care, reporters should notify local county and state law enforcement officers, most appropriately the county attorney, the chief law enforcement county officer, and CPS, Social Services.
  • Everyone should be mindful, that the severity of PTSD, which usually has no external signs, but psychological signs, is reduced the sooner it is abutted head-on
  • And the severity of STDs, which usually have no external signs, but internal physical signs, are reduced, the sooner than better
  • And an historical patient interview about the circumstances and laboratory documentation of the victimization are more accurate,  the more expeditiously ascertained

Child Sexual Abuse and Child Athlete Abuse are, respectively, 1 type and 1 ICD-10 activity of Child Abuse.

All 5 specific types of Child Abuse, Physical, Psychological, Sexual, Negligent Supervision and Civil rights violations can occur in hundreds of places by several different perpetrator types.

ICD-10 Diagnosis Code Y07.52 = Healthcare provider, perpetrator of maltreatment and neglect

Examples:
Diagnosis: Child Sexual Abuse: ICD-10 Diagnostic Code = T74.22XA
Add the ICD-10 Healthcare (Doctor) Perpetrator Code = Y07.52

Diagnosis: Child physical abuse, confirmed, initial encounter = T74.12XA
Add the ICD-10 Teacher Perpetrator Code = Y07.53

Diagnosis: Heat exhaustion, water deprivation = Code T67.3XXA
Add the ICD-10 Coach Perpetrator Code = Y07.53

Why is it important to name and regulate the Child Amateur Athlete Abuse Syndrome (CAAS) Sexual Abuse Epidemic by its alphanumeric, ICD-10 name? and not name and regulate CAAS by the Commerce Clause, and the U.S. Olympic activity?

ICD-10-PCS will provide higher-quality information for measuring healthcare service quality, safety, and efficacy. This will in turn provide better data for:

  • Managing care and disease processes
  • Health policy planning
  • Improved disease management
  • Greater interoperability {{{ mbmsrmd and Multidisciplinary Team CAAS Intervention}}}
  • Quality measurement and medical error reduction (patient safety)
  • Outcomes measurement
  • Clinical research
  • Public health and bioterrorism monitoring
  • Reporting on use and effects of new medical technology
  • Clinical, financial, and administrative performance measurement
  • Operational and strategic planning and healthcare delivery systems design
  • Decreased need for large research organizations to maintain dual classification systems (one for reimbursement and one for research)
  • Reduced coding errors
  • Reduced labor costs and increased productivity
  • Payment systems design and claims processing
  • Provider profiling
  • Decreased need for manual review of health records to meet the information needs of payers, researchers, and other data mining purposes
  • {{{ mbmsrmd: Improved coding for healthcare ‘electronic buckets’ and ‘bucket indices’ for data mining }}}
  • {{{ mbmsrmd: Imagine the improved statistics, understanding and eradication of Child Amateur Athlete Sexual Abuse if everyone was on the same page and able to retrieve “properly coded electric buckets” of medical injuries, diseases and deaths }}}
  • Better understanding of new procedures
  • Refinements to current reimbursement systems, such as severity-adjusted DRG systems
  • Pay-for-performance programs
  • Educating consumers on costs and outcomes of treatment options
  • Moving to the new code sets will also permit improved efficiencies and lower administrative costs due to replacement of a dysfunctional classification system. This in turn allows:
  • Increased use of automated tools to facilitate the coding process
  • Decreased claims submission or claims adjudication costs
  • Fewer rejected and improper reimbursement claims
  • Increased ability to prevent and detect healthcare fraud and abuse
  • More accurate payment for new procedures
  • Fewer rejected claims
  • Fewer fraudulent claims

[Reference: RAND Corporation. “The Costs and Benefits of Moving to the ICD-10 Code Sets.” March 2004. Available online at www.rand.org/pubs/technical_reports/2004/RAND_TR132.pdf. ]

[The American Health Information Management Association 2018]

Lord knows we advocates strive for the same objectives,  to Prevent all Child Abuse, including Child Athlete Abuse Syndrome (CAAS), but some of us examine Child Athlete Sexual Abuse Epidemic from the Forensic Medicine perspective.

We advocates encourage expansion of the current detailed laws on the books for Child Athlete Abuse Syndrome (CAAS) Forensic Medicine reporting to the County Attorney, the county and state chief law enforcement official, and CPS, Child Protective Services, who will initiate the Multidemsional Team Approach to the Forensic Medicine injuries and diseases, caused and allowed to be caused by perpetrators, .

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