DOCTORS AND CITIZENS ARE MANDATED CAAS REPORTERS

Athlete Welfare is a wider world of Child Welfare.

Coaches are “Temporary Substitute Caretakers” while coaching Child and Youth in amateur Sports, Recreation and Exercise (SRE).

Coaches are responsible for the Care and Welfare of their Athletes, while they have custody and control of Children and Youth during SRE participation.

Coaches have a professional duty and standard of care. Abuse, Negligent Supervision, Harassment, Cruelty and Human Rights Disorders persist at all levels of athletic competition.

SRE Athletes’ serious Injuries and Deaths have recently increased, because of Win-At-All-Costs attitudes.

The goals for the Athletic Community should be Proper, Athlete Safety 1st Coaching Child and Youth Custody, Control and Supervision fostering safe practice and competition environments.

Setting Public Policy on Verbal, Physical, Psychological (Emotional) and Sexual Abuse will decrease Child and Youth Athlete Serious Injuries and Deaths. Policy concerning Athlete Sexual Abuse and Harassment has drawn more recent attention and measures have been taken, though not sufficient.

Recognition and Public Policy of the Complete Role of the Coach as “Temporary Substitute Caretaker” during SRE Child and Youth participation is essential.

Doctors are the eyes and ears of Child and Youth Athlete Care and Welfare.

The doctor should elicit the history and then examine and treat the injured Athlete. If the Doctor suspects the Athlete’s Serious Injury or Death was the result of Abuse, Negligent Supervision and/or Human Rights Disorder by the Coach, the Doctor is require by Law to report the incident to the local County Attorney, Child Protective Services (CPS), State Police or other Authorities, depending on the Injury and/or Death seriousness and emergency. Death should also be reported to the Coroner.

Federal and State Laws require Doctors to Report all forms of Child Maltreatment or risk charges of Failure to Report and Malpractice Negligence Claims if they fail to Report.

The suspected Child and Youth Amateur Athlete Abuse Report by the Doctor is not an accusation. It is a call for an investigation into the circumstances of the injury.

If the history of the incident strongly implicates directly the Endangerment by the Coach, the Doctor should record the ICD-9 Code for Physical, Psychological, and Sexual Abuse and Negligence and ICD-9 Code for the Offender or Perpetrator known, the Coach. That ICD-9 Code will be Archived in the Medical Records and Insurance Billing Accounts.

The Doctor Report includes the doctors’ immunity and anonymity. The Report is not a violation of HIPPA. The Doctor’s name cannot be released without a judge’s court order.

Child Athlete Abuse Syndrome (CAAS) HAS BEEN DEFINED. See:
http://www.cappaa.com/category/child-athlete-abuse-syndrome

Citizen Reporting of CAAS varies from state to state and must be investigated by the potential Reporter on a state requirement basis. To Report Child Abuse call 1-800-Children and they will provide the central intake number in your state and area. Then Call your central intake number inquire about your Reporting Duty and file a Report if appropriate. Intake Officers are more than willing to provide you with Reporting Information.

“The circumstances under which a mandatory reporter must make a report vary from State to State. Typically, a report must be made when the reporter, in his or her official capacity, suspects or has reasons to believe that a child has been abused or neglected. Another standard frequently used is in situations in which the reporter has knowledge of, or observes a child being subjected to, conditions that would reasonably result in harm to the child. Permissive reporters follow the same standards when electing to make a report.”

“Approximately 48 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands designate professions whose members are mandated by law to report child maltreatment.1 Individuals designated as mandatory reporters typically have frequent contact with children. Such individuals may include:

Social workers
Teachers, principals, and other school personnel
Physicians, nurses, and other health-care workers
Counselors, therapists, and other mental health professionals
Child care providers
Medical examiners or coroners
Law enforcement officers

“Some other professions frequently mandated across the States include commercial film or photograph processors (in 12 States, Guam, and Puerto Rico), substance abuse counselors (in 14 States), and probation or parole officers (in 17 States).2 Directors, employees, and volunteers at entities that provide organized activities for children, such as camps, day camps, youth centers, and recreation centers, are required to report in 11 States.3 Seven States and the District of Columbia include domestic violence workers on the list of mandated reporters, while seven States and the District of Columbia include animal control or humane officers.4 Court appointed special advocates are mandatory reporters in 10 States.5 Members of the clergy now are required to report in 27 States and Guam.6

Four States now have designated as mandatory reporters faculty, administrators, athletics staff, and other employees and volunteers at institutions of higher learning, including public and private colleges and universities and vocational and technical schools.7

“Mandatory reporting statutes also may specify when a communication is privileged. “Privileged communications” is the statutory recognition of the right to maintain confidential communications between professionals and their clients, patients, or congregants. To enable States to provide protection to maltreated children, the reporting laws in most States and territories restrict this privilege for mandated reporters. All but three States and Puerto Rico currently address the issue of privileged communications within their reporting laws, either affirming the privilege or denying it (i.e., not allowing privilege to be grounds for failing to report).9 For instance:

The physician-patient and husband-wife privileges are the most common to be denied by States.
The attorney-client privilege is most commonly affirmed.
The clergy-penitent privilege is also widely affirmed, although that privilege usually is limited to confessional communications and, in some States, denied altogether.10

See the following for references:
[U.S. Department of Health and Human Services Administration for Children and Families Administration on Children, Youth and Families Children’s Bureau https://www.childwelfare.gov/systemwide/laws_policies/statutes/manda.pdf]

When identifying data, landmarks, home address and Perpetrator or Offender identification ware unknown and the Perpetrators or Offenders and the Victim are walking or moving around, the report should follow the following sequential order to get the necessary Law Enforcement Agency response – local Police Department or Officer, County Sheriff, State Police and possibly 911. After a police report is obtained, follow-up with the County Attorney and Child Protective Services.

Reporting International Violations of the U.N. Treaty on Human Rights of The Child, that includes CAAS, such as Olympic Competions outside the Athlete’s country, have posed complicated problems for Athletes. The Athlete or Athlete’s representative can report to their home United State’s U.S. Attorney and the appropriate U.N.Human Rights Committee.

The U.N. Human Rights Committee is the body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties.

Anyone may bring a human rights problem to the attention of the United Nations and thousands of people around the world do so every year.

There are proper procedures outlined on the United Nations Website and the page concentrates on the procedures open to individuals and groups who want bring complaints directly under international human rights treaties.

Any individual who claims that her or his rights have been violated by a State party to that treaty, under the Covenant or Convention On The Rights of The Child (CRC 1989), may bring a communication before the relevant committee, provided that the State has recognized the competence of the committee to receive such complaints.

Complaints may also be brought by third parties on behalf of individuals provided they have given their written consent or where they are incapable of giving such consent.

General inquiries:
Telephone: +41 22 917 9220
Email: InfoDesk@ohchr.org

Postal address:
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais des Nations
CH-1211 Geneva 10, Switzerland

Increased awareness, prevention and eradication of CAAS will assist an overburdened health care system and protect the health, welfare and human rights of Child (<18) and Youth (15-24) Athletes, our most precious assets. Protected, Healthy Child and Youth Athletes of today are our Leaders of tomorrow. __________________________________________________________________ DOTORS MUST REPORT SUSPECTED ATHLETE PHYSICAL AND EMOTIONAL MALTREATMENT AND ENDANGERMENT THAT RESULT IN SERIOUS INJURY AND/OR DEATH. AND SEXUAL ABUSE YOUTH SPORTS INJURIES AND DEATHS ARE A PUBLIC HEALTH CRISIS BECAUSE OF DIMINISHED SAFETY PRECAUSTIONS AND STANDARDS OF CARE. DOCTORS CME Category 2 / II IS free on this ATHLETE SAFETY 1ST, CAPPAA WEB SITE which does not authorize and has no advertising, fund raising, donations, campaings or contributions. Sports accidents happen while playing by the rules in safe sports environments with proper coaching supervision and conduct. Those Injuries and Deaths are Accidental and Not Preventable. But direct or indirect Physical and Psychological (Emotional) Maltreatment and Endangerment and Sexual Abuse of a Child and Youth Athlete by a Coach resulting in Serious Injury and/or Death is Unlawful. These incidents are Preventable, Non-Accidental and Not Natural to the Game Being Played by the Athlete. The present day Epidemic of Sports Injuries behoves Coaches to Protect themselves with improved Education, Awareness and Understanding because, not only are they Unlawful, but Doctors are required by law to report these suspected Unflawful Incidents to authorties i.e. the County Attorney and Child Protective Services (CPS). The children in the video on the right of this page are suffering from neglect, physical, psychological, and sexual abuse that occur in the home and usually family setting. Fortunately, this child abuse venue or setting have been identified and recognized. Advocating for these victims through awareness campaigns and education has lessened their victimization, although not nearly enough. On the other hand, Athlete Physical, Psychological Maltreatment, Endangerment and Sexual Abuse have gone unrecognized and have been under reported. Preventable, Non-Accidental Sports Related Injuries that are Not Natural to the Games Being Played, are increasing at an alarming rate. Athlete Safety 1st is our Motto. CAPPAA is Child and Adult Physical and Psychological [Emotional] Athlete Abuse. In our society, parents, guardians, baby-sitters, protective, supervising Coaches, who have a professional duty whether they are compensated or not, and other designated caregivers and supervisors are expected to protect children, youth and adults from harmful people or situations. In Kentucky, KRS 620-645 and 209 provide protection for children, youth and adults who may be suffering from abuse by a supervisor or caregiver. The International Criminal Court has jurisdiction over Youth International Athletes. Doctors are the most important hands-on immediate advocates for Athletes. Doctors can intervene for an athlete instantly for Athlete Safety. The Kentucky Department for Community Based Services [DCBS] “provides family support; child care; child and adult protection, improve safety and permanency for children and vulnerable adults;” Recently in Kentucky, The Child Safety Branch of DCBS responded to the question regarding coaches as caregivers. Their answer and policy follows: “Our agency [DCBS] investigates abuse and neglect allegations involving situations where a person is providing care, has custody or has control of a child. Teachers, camp counselors, bus drivers, babysitters, grandparents, coaches etc fit in to that category if they are left to care for a child and the parent is not present for supervision. We are investigating these type situations in this manner across the state. If [DCBS] staff have questions about whether a person falls into these categories, they can consult with Central Office or their regional attorney.” The definition from the Government’s Guidance on Adult Abuse: “a person aged 18 years or over….who is unable to protect him or herself against significant harm or exploitation”. There is a Trust or Fiduciary Relationship between the College/University Coach and their Athlete. The Coach is charged with scrupulous, honorable, conscientious, trustworthy Protection of the Youth Athlete. Doctors who fail to Report Serious Injuries and/or Death that result from Child Maltreatment, Endangerment and Abuse of any kind, are subject to charges of Failure to Report and possible malpractice claims. "Mandatory reporting and screening laws are proliferating, and emergency physicians must be aware of the laws or risk criminal charges and malpractice claims. Most laws specifically provide physician immunity with respect to breaches of confidentiality whenever reports are made in good faith. These laws reflect a societal need to identify and intervene on both the medical and legal aspects of certain problems such as child abuse. The coroner, departments of health and social services, law enforcement, and the medical board, are some of the authorities to which emergency physicians are required to report. Everyday emergency practice requires awareness and compliance with myriad reporting laws." 64. Mandatory Reporting Laws and the Emergency Department. Forensic Emergency Medicine, Part Ii Topics in Emergency Medicine. 21(3):63-72, September 1999. Mallon, William K. MD, FACEP, FAAEM; Kassinove, Andrew JD, MD The Kentucky Unified Juvenile Code (All States have similar codes.) "The child protection program is mandated by statute, which means there are state laws which declare a child’s right to be free from abuse and neglect. These laws are called the Kentucky Unified Juvenile Code and are contained in KRS Chapters 600 to 645.” “The Code requires the reporting of neglect, physical, sexual or emotional abuse, and dependency of children whether it occurs in the home, the school or other community settings. It requires that these reports will be assessed and investigated, and requires that social services will be provided to children found to be experiencing maltreatment.” “Inherent in the Code are two basic principles: a child’s fundamental right to be safe and to be nurtured; and a child’s basic right to be raised by his/her own parents, whenever possible." Violations of KUJC are referred to a speciality court, the Juvenile Court. Juvenile Court (District Court) Juvenile Court is a division of District Court. Cases involving children under the age of 18 are handled in Juvenile Court. Cases filed in Juvenile Court include dependency; neglect and abuse; and other juvenile matters. In jurisdictions where there is a Family Court division of Circuit Court, the Family Court will hear matters of dependent, neglected and/or abused children, as well as status offenses when no public offense is pending. All other juvenile matters remain within the jurisdiction of Juvenile (District) Court. Unlike other District Court and Circuit Court hearings, which are open to the public, Juvenile Court hearings are closed to the public. The trial of Coach Jason Stinson was held in Jefferson Circuit Court, not a specialty Juvenile Court. 620.120 Criminal charges tried separately. In cases where criminal charges arising out of the same transaction or occurrence are filed against an adult alleged to be the perpetrator of child abuse or neglect, such charges shall be tried separately from the adjudicatory hearing held pursuant to this chapter. Effective: July 1, 1987History:Created 1986 Ky. Acts ch.423,sec. 73, effective July 1, 1987 USA Today - Jan 23, 2009 - LOUISVILLE — The head football coach of Pleasure Ridge Park High School has been charged with Reckless Homicide in the death of a 15-year-old player who collapsed from heat stroke at practice. (Exertional Heat Stroke) Oct. 11, 2008.- Lexington Herald Leader- The caretaker of a child found dead in a hot car, reportedly left inside for about 9 hours, was charged with reckless homicide. (Non-Exertional Heat Stroke) Aug. 12, 2009 - WHAS 11 - Max Gilpin’s Coach Stinson was charged additionally with Wanton Endangerment. But the judge dismissed the charge for lack of defense testimony. 8/18/2009, 3:18 p.m. CDT The Associated Press (AP) — LOUISVILLE, Ky. - A grand jury has re-indicted a former Kentucky high school football coach on an additional charge in the case of a player who collapsed at practice and later died. LOUISVILLE, KY (WAVE) - Judge orders charges against Stinson consolidated - Posted: Aug 20, 2009 12:53 PM EDT - In a ruling released Thursday morning, Jefferson Circuit Judge Susan Schultz Gibson has ruled that charges brought by a grand jury against Jason Stinson will be heard during the same trial. Stinson, the former head football coach at Pleasure Ridge Park High School, is facing reckless homicide and wanton endangerment charges for the death of player Max Gilpin. USA Today- Jan 23, 2008 - LOUISVILLE -Dr. Frederick Mueller, director of the National Center for Catastrophic Sports Injury Research at University of North Carolina, was among several sports experts who said Thursday they had never heard of a high school or college coach facing such an indictment. Mueller said the indictment of Stinson will be “an eye opener” for coaches who deny water to players. After a short deliberation on Sept. 17, 2009 the jury acquitted Coach Jason Stinson of all charges brought against him in the death Max Gilpin, the Louisville PRP High School football player. See: CHARGES OF CRIMINAL ABUSE AND NEGLECT AND PROTECTION OF CHILDREN IN COURT Will to Enforce the Law http://www.cappaa.com/category/wheres-the-will-to-enforce-athlete-abuse-law ________________________________________________

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