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 (15-18) Athlete Serious Injury, Disease and/or Death secondary to: ► Physical endangerment, maltreatment and/or abuse ► Psychological (Emotional) endangerment, maltreatment and/or abuse ► Sexual Abuse ► Failed child custodial protection ► Negligent care giving supervision ► Human rights violations ► That were inflicted, caused, created, or allowed to be inflicted, caused, created, directly or indirectly by the Problematic Coach, including the Strength Training, Conditioning and other specialty Coach, Problematic Parent or other Problematic Caretaker Person who has Child and Youth Athlete custodial protection, supervision, care and control during Sports, Recreation and Exercise Participation ► Failure to report the morbidity and mortality to Authorities is Illegal. [1.] [6.] ► In most United States, Children are minors when less than 18 years of age. ► The United Nations define Youth as persons between the ages of 15-24. Child Athlete Abuse Syndrome and Cruelty to Children in Sports, Recreation and Exercise (SRE) are matters of importance to Doctors and Health Care Personnel. They summons all Doctors and Health Care Personnel into action for the Awareness and Prevention of these Child Athlete Preventable, Not-Accidental morbidities and mortalities. 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.

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