POD CAST: http://www.athletesafety1st.info describes a proposed Amendment to Child Abuse Prevention and Reauthorization Act 2010 and Senate Bill S1877 with the Role of the coach as Coach Substitute Caretaker in Child Amateur Sports, Recreation and Exercise.
The U.S. Senate has a proposed amdnement S.1877 – Speak Up to Protect Every Abused Kid Act S. 1877 that would amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect acording to washingtonwatch.com.
In addition Congress Taking Steps to Address Child Abuse and Neglect, November 18, 2011 http://childrensmonitor.wordpress.com/2011/11/18/congress-taking-steps-to-address-child-abuse-and-neglect/
When the term Coach-Substitute-Caretaker is written in the Language of the Law, the Responsibility and Duty for Child and Youth Athletes’ Protection and Supervision by Problematic Coaches will be made crystal clear.
The Proposed Amendment to the Child Abuse Prevention and Treatment Reauthorization Act of 2010, Public Law 111-320, Section 3. Paragraph 2. Defintions To Include COACH-SUBSTITUTE-CARETAKER in the CATEGORY OF CARETAKER As The Coach Is Now Legally Classified But Not Properly Authorred, Promulgated, and Published in the Law
COACH HAS NO IMMUNITY FOR CRIMINAL CHILD ABUSE
• Coaches and Sport Culture are confused about Immunity
• “If a Volunteer Coach (or any Coach) Physically Assaults a Child ….these acts are prosecuted under Criminal Law”
• “The Volunteer Coach bears the responsibility for the unlawful act”
• No immunity for Criminal Behaviors
• No immunity for Child Abuse, a Criminal Act
• “When no criminal conduct is involved, disputes are resolved under the Civil Law, and the process of assigning responsibility is more complex.” [61.]
• Immunity Discussion might apply to Civil Law not Criminal Child Abuse
Example: CHILD ATHLETE HIT IN LEFT EYE BY COACH’S RIGHT FIST, EYE SURGEON CALLED TO ER TO EXAMINE CHILD
• Document Diagnosis
• Impression (Initial Diagnosis):
1. Orbital Floor Fractures 2. Child Physical Abuse (CPA)
• Insurance Claim To 3rd Party by hospital and insurance clerks
1. ICD-9 Code – 802.6 Orbital Floor Fractures
Child Abuse ICD-9 Modifiers
2. ICD-9 Code – T74.12 Child Physical Abuse Confirmed
3. ICD-9 Code – YO7 Perpetrator Known, Coach
• Disposition: Admit to Hospital, Call OR / Schedule Surgery, Additional Lab Work prn
• File Report → Authorities
• Prepare for Potential Testimony as Expert Treating Witness in Criminal Abuse Case
60% MEDICAL SCHOOLS WORLD WIDE DO NOT TEACH CHILD ABUSE AND NEGLECT
Basic injury prevention concepts including risk factors for injuries and injury classification systems were not covered in 60% of medical schools including Child Abuse and Neglect acording to an international study.
“Conclusions: Injury prevention and control education is infrequent and fragmented in medical schools around the world.” [62.]
If Medical Schools don’t teach Child Abuse Law, How will Doctors know it?
How will Coaches and Sport Culture know it? Does the Government teach Child Abuse Law?
U.S. CHILD / YOUTH ATHLETE POPULATION
• There were 75,200,000 U.S. Children <18 YO in 2010. [9.]
• ~20,000,000 U.S. Children 6 -18 played organized, Non-School Amateur Sport
• ~25,000,000 played organized School Amateur Sports
• .: ~45,000,000 (~60%) U.S. Children played one School or Non-School Amateur Sport 2010. [10.]
2 CATEGORIES of RULES FOR SPORTS
1. Rules of Law - The Most Important Supreme Rules
2. Rules of Play - Sport Leagues, Federations , Association Rules for how the Games are Played
• We U.S. Citizens agree to comply-with Rules of Law or be Punished for Unlawful Behavior
• We U.S. Citizens Serve The Rules of Law on every inch of ground during every second of time.
• Rules for Play: Rules are for Playing the Game as written and published for Sport Leagues, Association s, Federation, Organization Rules
• Required Rules for Interscholastic Competition
• and Non-Interscholastic Competition
• → so that Games can be played on Equal Grounds
• → with Equal Eligibility
• → with Equal Sport Participation Guidelines
SUPREME RULES: CHILD PROTECTION LAWS
1. Child Abuse Prevention and Treatment Act, the first enacted Child Protection Law in 1974.
2. CAPTA has been amended several times
3. The most recent amendments
4. Keeping Children and Families Safe Act of 2003. Public Law 108-36.
5. Child Abuse Prevention and Treatment Act (CAPTA) Reauthorization Act of 2010, Public Law 111-320,
INVOLUNTARY IGNORANCE OF CHILD ATHLETE ABUSE LAW
• Definition: “Lack of knowledge of those laws which a person has a duty to know and which everyman is presumed to know.”
• Latin Doctrine: “Ignorantia juris non excusat” means "Ignorance of the law does not excuse" No Defense
• Voluntary Ignorance – Ignorance of Law
a. that Has Been promulgated or publicized
b. But has been Neglected to know about them
• Involuntary Ignorance - Ignorance of a law
a. Law has Not been promulgated, issued or publicized.
• Ignorance of the Law Doctrine assumes the law referenced has been properly promulgated or published and distributed, i.e. in government periodicals, internet, or printed for sale [51.]
• This Presentation describes
• Proposed amendment to
• The Child Abuse Prevention and Treatment Reauthorization Act of 2010, Public Law 111-320
• The Proposed Amendment is an Addition to
SEC. 3. GENERAL DEFINITIONS. PARAGRAPH 2.
• Thereafter The Child Abuse Prevention and Treatment Act would Addresses Child Athlete Specific Coaching Standards as Coach-Substitute-Caretaker • SEC. 3. GENERAL DEFINITIONS. In this Act—
• 1. the term ‘Child’ means a person who has not attained the lesser of—
• A. the age of 18; or
• B. except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides;
• 2. the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, "INCLUDING COACH CARETAKERS OF SCHOOL AND NON-SCHOOL SPORT, RECREATION AND EXERCISE", which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm;
INVOLUNTARY IGNORANCE OF CHILD ATHLETE ABUSE LAW cont.
• U.S. Congress Please Enact Proposed Amendment to CAPTA 2010 Section 3. 2.
→Prevent Involuntary Ignorance of the Law
→Attempted Exceptions from the Law
→Attempted Immunity from Law
← Inadequate Promulgation, Publication, Distribution of Coach-Substitute-Caretaker Law by Federal and State Government
► Grave Injustice to Abused Child/Youth Athletes
• Exceptions have been Based on case law
THE COACH-SUBSTITUTE-CARETAKER ROLE IN CHILD PROTECTION LAW IS KNOWN BY SCHOLARS BUT NOT EVERYONE BECAUSE OF THE SCARCE PROMULGATION, PUBLICATION, DISTRIBUTION OF COACH-SUBSTITUTE-CARETAKER DEFINITION IN LAW
• After persistent investigation only 2 sources were discovered by me who directly said, promulgated,issued or published the Coach’s Role as a Coach-Substitute-Caretaker of Child Athletes
1. KY DCBS, CPS
2. Surgeon General
• I challenge you to find Promulgations, Publications and Distributions of the Coach-Substitute-Caretaker Role in Sports of Child Athletes
SURGEON GENERAL WORKSHOP PUBLIC HEALTH INNOVATIONS = AMENDMENT
•SGW call for Government, Private Public Health Innovations
→ Dictate “Next Generation of Essential Treatments”
→ “Moving forward on Child Maltreatment Prevention." [53.]
Several Areas were cited that need Expansion for Prevention
SGW Targeted the following:
Abuse by Caretakers - Parents
Abuse by Others Serving in Caretaker Role
i.e “Teachers, Coaches, Counselors, Clergy, and Childcare Workers”
“Furthermore, agencies should be aware of the provisions in CAPTA…. and other legislation that directs work on the Federal level.” Follow the Federal Guidelines.
“These efforts will translate into benefits for local practitioners and the children and families they serve.” [54.]
WHEN I WAS A C.A.R.E. TRAINEE
•Child Abuse Recognition Education (C.A.R.E)
i WAS Trained By CPS, Child Protective Services,DCBS, KY Department Community Based Serv. Kate Dean, MA,was the Director of C.A.R.E.and Melissa Curry MD , University of Louisville, Division Forensic Medicine Dept. Pediatrics, was the Primary Instructor Supporting Child Abuse Prevention in KY. We Doctors were trained To Go Doctor Offices > Teach Child Abuse Recognition., because KY led the nation in CHILD ABUSE Deaths.
• I Specifically asked C.A.R.E., during Q&A session, if Coaches are Caregivers
• “The Child Safety Branch of DCBS has responded to the question regarding Coaches as Caregivers and I have included the answer below. This is good news and I’m glad to know these cases will not fall through the cracks,” Director KY C.A.R.E. Program, DCBS, PCAKY
• Answer: “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. We (Child Safety Branch of DCBS) 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.”
CHILD and YOUTH ATHLETES HEALTH DISPARITY POPULATION
• Because Child (<18) / Youth (15-24) Athletes are • Vulnerable and Susceptible to Physical and Psychological (Emotional) Endangerment and Maltreatment →Injuries and/or Death • Vulnerable and Susceptible to Sexual Abuse • Vulnerable and Susceptible to Human Rights Violations • Partly Because The Duty of Child Protection and Supervision by the Coach-Substitute-Caretaker in Sports, Recreation and Exercise (SRE) is ignored and overlooked • and Coach-Substitute-Caretaker are not taught their Special Duty and Standard of Care to Child and Youth Athletes COACH-SUBSTITUTE-Caretaker • Coaches teach and train most of the 75,000,000 Children (<18) in the U.S. In Sports, Recreation and Exercise (SRE) • Coaches don’t appear to realize they are Caretakers for Children (<18) during SRE Participation • Most Coaches don’t appear realize they have a Special Standard of Care for Child Athletes • Appears No one knows to tell them • Hasn’t been Promulgated by the Government • In the Caretaker Role • “Coach is like the Parent on the Field” [52.] • Unlike Coaches of Professional Athletes CHILD and YOUTH ATHLETES HEALTH DISPARITY POPULATION cont. • 25% to 33% of all girls in Sports (worldwide) are at risk Sexual Abuse before Adulthood • That risk ↑ With the Degree of Emotional Attachment to the Coach as Affected by Multiple Risk Factors [55.] • Child / Youth Athletes represented 2/3 (66.7%) of the total amount of Sports Injury Dr. Visits [CDC March 2001] • 8,000 Athletes < 18 YO Treated Daily In U.S. Emergency Departments 50% are Preventable, Not-Accidental • 1 in 10 Child Athletes Injured, Experts Say [12.] • 50% of Child Athlete Injuries are Preventable, Non-Accidental – NIH [12.] • .: 4,500,000 Child Athletes Injured yearly @10% • .: 2,250,000 Child Athletes Yearly At Risk Preventable, Not-Accidental Injuries or Death QUESTIONS AND ANSWERS • The National Association for Sport and Physical Education • Prepared National Coaching Report • “Athletes have Rights to be Coached by individuals who have the knowledge, skills, and values defined by the National Standards for Sport Coaches.” • “The need for healthy physical activity and character development in our nation’s youth is more critical than ever.” [32.] • “A major determinant in meeting the goals of a quality sports program is the quality of Adult Leadership” • “Therefore, education and professional development must become a more deliberate component in the selection and retention of Youth Interscholastic Sport Coaches.” [32.] • Every State School and Non-School Coach must abide by the same Coaching Standards NATIONAL FEDERATION OF HIGH SCHOOL ATHLETIC ASSOCIATIONS • All 50 State HSAA belong to the NFHSAA • NFHSAA publishes “Playing Rules in 16 sports and activities for boys and girls.” • Provide Programs that reach the “18,500 high schools and over 11 million students involved in athletic and activity programs.” [25.] QUESTIONS AND ANSWERS cont. • “No federal laws Require Coaching Education or Certification.” • “ Only 4% of States Require a Coaching License” • No Federal Coaching License Law that emphasizes Education and Awareness of Child Abuse Laws • “Only 24% Require State Certification.” [32.] • Certifications are l° for School Sport Head Coach School Coaches (Not Non-School Coaches) • Only 43% of states require School Coaches to have a Teaching Credential • 61% of states do not have any Recertification Requirements for School Coaches • No Federal Law for Child Athlete Abuse Educat • Legislative mandates are Enforced Standards or Laws enacted by Federal or State Legislative Laws • National Coaching Report stated: • 51% of states do not report any Requirements to fulfill Legislative Laws or Mandates • 49% may inconsistently Require some Legislative Mandates • These most frequently cited Laws include coaching background check and fingerprinting 45% • Most Important Report Deficiency in Coaching Report • Only 20% mention Child Abuse Recognition Training • Even though Child Protection Laws are the • Standard of Care for Child Athletes • And Child Protection Laws are the SUPREME RULES for SRE Play and Practice To be followed by Coach Caretakers • THIS AMENDMENT WOULD LEGISLATIVELY MANDATE PROMULGATION, ISSUANCE, PROMULGATION AND PUBLICATION OF THE COACH-SUBSTITUTE-CARETAKER ROLE IN SPORTS • Citizenship Through Sports Alliance (CTSA) published a Report Card on Youth Sports in America • Identified basic measures essential for a Positive, Child-Centered youth sport experience • CTSA assigned “grades” in multiple categories for interscholastic and youth sport programs • National report card, Coach Rating → just a grade of C- • “Notably, the Report Card Indicated an Unacceptable Coaching Rating for Coaches who are trained in coaching techniques and safety” • Conclusion: “Clearly, there is a need to focus our attention on Coaching Preparation Requirements.” [35.] • Most of the Non-High School teams, leagues, associations and federations who oversee Amateur Athletes do not include • Child Protection Laws • Don’t include Educational Programs with Risks, Reasons, and Causes for their Violations • Many don’t have any Educational Programs U.S. FEDERAL GOVERNMENT PARENS PATRIAE DOCTRINE • The Etymology of “Parens Patriae” is from Latin meaning “Parent of the Nation” • Doctrine Grants Power and Authority of the State to protect minor Children ,age less than 18, and other persons who are legally unable to protect themselves. • The “Parens Patriae” doctrine is Special Standard of Child Care • In U.S., the State is the “Supreme Guardian” of all Children • State Courts have the Power to Intervene • to Protect the Best Interests of Children. • This Inherent Power is Legalized and Offenders of Children are Criminalized by Child Protection Legislative Laws in each State • Basis for government’s intervention in child physical and psychological maltreatment and endangerment, sexual abuse and Human Rights violations • Public Policy and Power of the State to Intervene against Abusive or Negligent Parents, Legal Guardians , ALL Caretakers • State will Act as Caretaker of any child who needs Protection • Parents have a fundamental Constitutional Right to raise their children as they choose • Providing Parents do so in accordance with the State Standards of Law • Government Protects the interests of Children and ensures proper Child Care. • If Parents, Guardians and Caretakers • Unable, Unwilling or Fail to Protect • Properly Supervise their Children, • State has the power and authority to take action to Protect the Child from harm. [46.] • PARENT + CHILD + STATE • PARENS PATRIAE Tripartite Relationship is Legal framework • Balances the Rights and Responsibilities among Parents•Child•State, guided by Federal Laws • The Child Abuse Prevention and Treatment Reauthorization Act of 2010, Public Law 111-320 • Children have a Special Standard of Care [20.] CARETAKERS MUST RECOGNIZE SPECIAL STANDARD OF CARE FOR THE CHILD • Children are expected to be Safe and Protected in the care of their Caretakers. Categories of Caretakers: • Parents → Parent’s Child Caretaker License = Birth Certificate • Legal Custodians or Guardians, court appointed • Another Adult whom Child entrusted-with →ex. Coach • Another Adult who voluntarily assumed the responsibility for the care of a Child → ex. Coach • Person who stands in a position of trust and confidence for a Child’s Protection, Supervision, Safety and Caretaking → ex. Coach TRIPARTITE RELATIONSHIP: Coach-Substitute-Caretaker + Child-Athlete + State • Same Tripartite Relationship exists among • COACH-CHILD ATHLETE-STATE • Parens Patriae Doctrine is the basis for Rules of Law pertaining to the Legal Framework Tripartite Relationship • Coach-Substitute-Caretaker + Child-Athlete + State • Permissible for the Coach-Substitute-Caretaker use His/Her Methods of Coaching SRE • Providing the Coach complies with the Special Standards of Care issued by of the State for the Child • Tripartite Relationship is In Effect Practices, Camps, Over-Nights, Travel Teams, Closed Practices (Be Vigilant Venues) • In Effect On Every inch of Ground during Every every second of Time • Coach stands in a almighty powerful position → Stands in a position of Trust for Child Athlete Care → Entrusted-with Child Athlete → Assumes the Safety Responsibility Child Athlete • Trust of the Coach is the Core of Coaching • Coach is a Caretaker for underage minor (<18) Child Athlete → Child Protection → Proper Supervision → Promote Safety of the Child and Youth Athletes American Academy Pediatrics Policy Statement Child/Youth Sports • Qualified Coaches are to provide safe and positive experience. AAP Findings and Statements: • Most Youth Sports Coaches are volunteers • “With little or no formal training in child development” • Coaches don’t know how “to match demands of a sport + child’s readiness to participate” • Child is not a little Adult, often the mistake • “Educational programs are available for Youth Sports Coaches, but most Coaches do not participate” • “Coaches may try to teach what often cannot be learned then blame resulting failures on shortcomings of athletes” • Pediatricians should be proactive and advocate Safe Sports Participation • Promote better education and training Youth Sports Coaches • “Standards for Coaching Competency are available “ • Certification for youth sports coaches should assure Coach competencies [50.] • Pediatricians should work with sports administrators • Pediatricians should take an active role in developing safety programs while ensuring that existing safety measures are observed [49.] STATISTICS • U.S. High School Athletic Associations (HSAA) oversee about 24 %, of School and Non-School Child Athletes (<18yrs) • HSAA oversee 11,000,000 High School Child Athletes • That leaves 34,000.000 Child Athletes in Grade School, Middle School, JV Teams, summer leagues, Church leagues, Swimming, Cheerleading Camp, Soccer, Gymnastics etc. that are not administered by HSAAs • 34,000.000 Child Athletes don’t have comparable HSAA oversight and Safety laws mandated and enacted by the Legislative Branch of State Governments. • Many U.S. Coaches are not are not Providing the same Standards of Child Athlete Care CHILD ATHLETE ABUSE SYNDROME (CAAS) RESULTS WHEN COACHES DON'T RECOGNIZE AND IMPLEMENT SPECIAL STANDARDS OF CHILD ATHLETE CARE. CAAS IS ILLEGALIZED • DEFINITION OF THE PROBLEM: Child Athlete Abuse Syndrome is a Short Title for a Clustering of Child (<18) or Youth (15-18) Athlete Morbidity, Mortality and/or Abuse 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 MALTREATMENT TERMINOLOGY Child Maltreatment Any act or series of acts of commission1 or omission by a parent2 or other caregiver that results in harm, potential for harm, or threat of harm to a child. Acts of Commission (Child Abuse4) Words or overt actions that cause harm, potential harm, or threat of harm to a child. Acts of commission are deliberate and intentional; however, harm to a child may or may not be the intended consequence. Intentionality only applies to the caregivers’ acts—not the consequences of those acts. For example, a caregiver may intend to hit a child as punishment (i.e., hitting the child is not accidental or unintentional) but not intend to cause the child to have a concussion. The following types of maltreatment involve acts of commission: • Physical abuse • Sexual abuse • Psychological abuse Acts of Omission (Child Neglect) The failure to provide for a child’s basic physical, emotional, or educational needs or to protect a child from harm or potential harm [59.] Like acts of commission, harm to a child may or may not be the intended consequence. The following types of maltreatment involve acts of omission: • Failure to provide o Physical neglect o Emotional neglect o Medical/dental neglect o Educational neglect • Failure to supervise o Inadequate supervision o Exposure to violent environments Caregiver “A caregiver is a person, or people, who at the time of the maltreatment is in a permanent (primary caregiver) or temporary (substitute caregiver) custodial role. In a custodial role, the person is responsible for care and control of the child and for the child’s overall health and welfare. • Primary caregivers must live with the child at least part of the time and can include, but are not limited to, a relative or biological, adoptive, step-, or foster parent(s); a legal guardian(s); or their intimate partner [60.] • Substitute caregivers may or may not reside with the child and can include clergy, COACHES, teachers, relatives, babysitters, residential facility staff, or others who are not the child’s primary caregiver(s). CHILD ATHLETE ABUSE SYNDROME (CAAS) “MEDICALIZED” • Medicalized: Identified or categorized as a disease, injury, condition or behavior • Being a disorder requiring medical or surgical treatment or intervention • CAAS IS LEGITIMATE DIANOSIS WITH ICD-9 CODES because all child abuse is in every venue has a code and, therefore, is Medicalized. (ICD-9) • “International Classification of Disease, 9th edi Example: AFTER A CHILD ATHLETE IS HIT IN LEFT EYE BY COACH’S RIGHT FIST BECAUSE THE COACH BECAME ANGRY, THE EYE SURGEON CALLED TO ER TO EXAMINE CHILD ATHLETE • TENDER THE MEDICAL RECORD AND CHART • Document Diagnosis • Record Treatment Plan ER/ED Medical Record • Impression (Initial Diagnosis): 1. Orbital Floor Fractures 2. Child Physical Abuse (CPA) • Insurance Claim To 3rd Party by hospital and insurance clerks 1. ICD-9 Code - 802.6 Orbital Floor Fractures Child Abuse ICD-9 Modifiers 2. ICD-9 Code - T74.12 Child Physical Abuse Confirmed 3. ICD-9 Code - YO7 Perpetrator Known, Coach • Disposition: • Admit to Hospital • Call OR / Schedule Surgery • Additional Lab Work • File Report → Authorities PERFORMANCE MEASURES: STATES ARE MANDATED UNDER CAPTA 2010 1. Shall demonstrate effective → development, operation, and expansion of a community-based program and prevention-focused programs → and activities designed to strengthen and support families to prevent child abuse and neglect →that MEETS THE REQUIREMENT OF THIS FEDERAL TITLE. 7. shall describe the outcomes under the State program to demonstrate the effectiveness in meeting the purposes of the program;” • In other words when states are mandated , States SHALL follow Federal Guidelines of CAPTA Reauthorization of 2010, Public Law 111-320, PERMISSION TO PARTICIPATE • PEMISSION TO PARTICIPATE IS NOT GRANTED by Athletes, Parents and Guardians FOR RISKS that are NOT Inherent to the games they PLAY • Child / Youth Athlete Sports Participants do not waive or release claims based upon Preventable, Not Accidental Injuries or Deaths (CAAS) • Child / Youth Athlete Sports Participants do not waive or release claims based upon Unlawful Abusive Coaching Misconduct. • Gross Negligence and Recklessness not waived PROPOSED AMENDMENT • Include Revised Statutes of Limitations for Violations • State Performance Flow from Requirements of Proposed Definition Amendment: • CHILD ATHLETE ABUSE PREVENTION AND TREATMENT REAUTHORIZATION ACT • To current Law, CHILD ABUSE PREVENTION AND TREATMENT ACT, PUBLIC LAW 111-320 • Amendment would increase Awareness for Child Athlete Protection, Supervision and Safety SRE • Increase the Prevention of Child Athlete Abuse • Increase the Prevention of Cruelty to Young Athletes • Prevent the Blindsiding of Coaches with Criminal and Civil Litigations • Because Coaches ignore, overlook, don’t understand or don’t know Child Protection Laws COACH MUST RENDER FIRST AID Addition to the fact that Coaches should not Criminally Injure Child Athletes Coaches must Treat Child Athletes, First Aid “The courts have made it clear that all Coaches are obligated to proved proper and immediate first aid when necessary” “That means that you (Coach) will be required to provide first aid in the event of an injury, and to do it right” [63.] COACH-SUBSTITUTE-CARETAKERS ARE NOT TAUGHT THEIR DUTY OF CARE TO CHILD /YOUTH ATHLETES • Commenting on the Jerry Sandusky and Penn State Child Sex Abuse Scandal • Former Secretary of State, Condoleezza Rice said, • “Sports and College Football are not Kingdoms unto their own,” • “No one and no Sport are above the Law.” [46.] • Because SEC. 3. GENERAL DEFINITIONS. PARAGRAPH 2. of The Child Abuse Prevention and Treatment Reauthorization Act of 2010, Public Law 111-320 does not explain the definitions of caretakers more completely, • The Duty of Child Protection and Supervision by the Coach-Substitute-Caretaker in Sports, Recreation and Exercise are ignored, overlooked • and the Coach-Substitute-Caretakers are not taught their Duty to Child and Youth Athletes in SRE • +Change is Good for Children → Amendment SCARCE PROMULGATION, PUBLICATION, DISTRIBUTION THAT THE IS A COACH-SUBSTITUTE-CARETAKER. DEFINITION IN LAW SHOULD BE AMENDED • Child Athlete Abuse cases Should “Not Fall Through the Cracks” • Not until The Child Abuse Prevention and Treatment Reauthorization Act (CAPTA) of 2010, Public Law 111-320 Sec 3. Definitions, Paragraph 2 is amended to describe and fully disclose that Coaches are Caretakers of Child Athletes <18, as they are now according to present law, but scarcely known, will the Involuntary Ignorance of Child Athlete Protection Laws be corrected and properly Promulgated (issued and published) so that Coaches, the Sport Culture and Community will realize that Coaches are Caretakers like Teachers, Day Care Centers and others who are left to Care for Children when Parents are absent, even during Sports Participation. CONCLUSION THIS AMENDMENT WOULD LEGISLATIVELY MANDATE PROMULGATION, ISSUANCE AND PUBLICATION OF THE COACH-SUBSTITUTE-CARETAKER ROLE IN SPORTS Please don’t let Child Athletes “fall through the cracks” between the Planks for Injury Safety and Control, resultinfing From Omission Failures to Cite Coach as a Substitute Caretakers in the Definitions of Federal Child Abuse Law References: 1. [ZABERNISM, COACH/ATHLETE POWER GAP http://www.cappaa.com/zabernism-the-coachathlete-power-gap] 2. [SOCIAL ORGANIZATION OF CLASSES AND SCHOOLS1 by Susan Florio-Ruane 2] 3. [A State Analysis of High School Coaching Certification Requirements for Head Baseball Coaches Submitted by: Coop DeRenne, Ed.D., Charles F. Morgan, Ph.D., Ronald K. Hetzler, Ph.D. & Brad T. Taura, M.S.E.D. United States Sports Academy, ISSN: 1543-9518] 4. [YANERO v. DAVIS, Kentucky Supreme Court No. 1999-SC-0871-DG, 2000-SC-0347-DG, 2000-SC-0353-DG. November 21, 2001 ] 5. [Brentwood Academy v. Tennessee Secondary School Athletic Assn., 531 U.S. 288 (2001), United States Supreme Court case decided in 2001.] 6. [Concerning Iowa Hawkeye Jan. 2011 Epidemic Acute Rhabdomyolysis, David Klossner NCAA Health and Safety Director letter Feb. 2011] 7. What is the Rule of Law?, United Nations Rule of Law. Scretaty General of U.N. 8. [Wikipedia] 9. [Gilpin lawsuit will continue against coaches May 5, 2010 Jason Riley, Courier Journal] 10. [Football Coach Pleads Not Guilty In Player's Death, Jason Stinson Charged With Reckless Homicide, By Ben Jackey/WLKY, January 26, 2009] 11. [Detective Testimony in the Criminal Trial of Coach Jason Stinson for the Death of Football Athlete, Max Gilpin] 12. [Prosecutors ask for JCPS report clearing Stinson be thrown outBy Lindsay English, (WAVE) - On July 1, 2009] 13. [Coach Jason Stinson, TV Interview about the book "Factors Unknown" by Rodney Daugherty, release 7-11-2011] 14. A Research Guide to the Federal Register and Code of Federal Regulations 15. [SUPREME COURT OF THE UNITED STATES, No. 99—901, BRENTWOOD ACADEMY, PETITIONER v. TENNESSEE SECONDARY SCHOOL ATHLETIC ASSOCIATION et al.] 16. [The Federal Rules of Criminal Procedure] 17. [Preventing Injury in Sports Recreation and Exercise, CDC Injury Center, Sept 7, 2006in Sports, Recreation, and Exercise] 18. ["The IAAF Code of Ethics for Coaches" has been kindly provided by Peter J. L. Thompson of the International Association of Athletics Federations (IAAF).] 19. [The Negative Effects of Youth Sports, Livestrong.com, Steve Silverman] 20. [Wikipedia] 21. [Calnan, Alan. 2003. A Revisionist History of Tort Law.] 22. [ABC WTVQ TV Lexington KY,Football Player's Death Sparks New Heat Regulations, Wed, Aug 4, 2010] 23.[KENTUCKY BOARD OF EDUCATION REGULAR MEETING JUNE 9, 2010,SUMMARY MINUTES] 24. [It's just football, Stinson case a learning experience, By Eric Crawford, The Courier-Journal, September 17, 2009] 25. [National Federation of State High School Athletic Association] 26. [Child Abuse Laws Child Abuse laws - Information on the law about Child Abuse] 27. [AN ACT relating to interscholastic athletics and declaring an emergency. Be it enacted by the General Assembly of the Commonwealth of Kentucky]: Section 1. (1) The Kentucky High School Athletics Association, with assistance from the Kentucky Department of Education, shall staff and coordinate a study of sports safety to be completed no later than October 1, 2009. (2) The study shall include a review of: (a) The requirements and their adequacy for sports safety education in public middle and secondary schools, including heat-related and air quality issues, chronic and overuse injuries, and other risk factors; (b) Required training programs for secondary school coaches, to include how training is certified to demonstrate knowledge and competencies of participants; (c) Required first aid and medical assistance protocols or standards of care for students suffering minor and major injuries during practices and competitions; (d) Data regarding sports injuries, by sport, in Kentucky and an examination of data reporting requirements and responsibilities for oversight when injuries occur; (e) Education for high school coaches, volunteers, parents, and student athletes relating to nutrition, weight training, and the dangers of steroids and other illegal supplements; (f) The availability of sports injury prevention programs and other safety resources; and (g) Other information as deemed appropriate by the study group to fully examine the status of sports safety in Kentucky for high school students. (3) The Association shall have a formal work group composed of: (a) At least two (2) members of the Kentucky Board of Education, selected by the board chairman; (b) At least two (2) representatives from the Kentucky Department of Education, selected by the commissioner of education; (c) At least two (2) high school coaches selected by the Chair of the Board of Control; (d) At least two (2) members from the Kentucky Medical Association, appointed by the executive director; (e) At least three (3) certified sports trainers; and (f) Others as deemed appropriate by the commissioner of education and the executive director of the Kentucky High School Athletics Association. (4) The commissioner of education or designee and the executive director of the Kentucky High School Athletics Association shall identify the work group members within thirty (30) days of the effective date of this Act. (5) The Association shall submit a written report to include findings and recommendations to the Interim Joint Committee on Education by October 30, 2009. The report shall include but not be limited to recommendations to improve the safety of students participating in high school athletics and any legislation that might be necessary to implement the recommendations. SECTION 2. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO READ AS FOLLOWS: (1) The Kentucky Board of Education or organization or agency designated by the board to manage interscholastic athletics shall require each high school coach to complete a sports safety course consisting of training on how to prevent common injuries. The content of the course shall include but not be limited to emergency planning, heat and cold illnesses, emergency recognition, head injuries, neck injuries, facial injuries, and principles of first aid. The course shall also be focused on safety education and shall not include coaching principles. (2) The state board or its agency shall: (a) Establish a minimum timeline for a coach to complete the course; (b) Approve providers of a sports safety course; (c) Be responsible for ensuring that an approved course is taught by qualified professionals who shall either be certified athletic trainers, registered nurses, physicians, or physician’s assistants licensed to practice in Kentucky; and (d) Establish the minimum qualifying score for successful course completion. (3) A course shall be reviewed for updates at least once every thirty (30) months and revised if needed. (4) A course shall be able to be completed through hands-on or on-line teaching methods in ten (10) clock hours or less. (5) (a) A course shall include an end-of-course examination with a minimum qualifying score for successful course completion established by the board or its agency. (b) All coaches shall be required to take the end-of-course examination and shall obtain at least the minimum qualifying score. (6) Beginning with the 2009-2010 school year, at least one (1) person who has completed the course shall be at every high school athletic practice and competition. Section 3. Whereas there is no existing requirement for a medical professional to be on-site during high school athletic events and the safety of student athletes is sometimes compromised, an emergency is declared to exist and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law. 28. [The 4 R’s of Coaching http://www.cappaa.com/the-4-rs-of-coaching] 29. [Prevent Cruelty to Young Athletes http://www.cappaa.com/prevent-cruelty-to-young-athletes] 30. [Trust in the Medical Profession: Conceptual and Measurement Issues, Mark A Hall, Fabian Camacho, Elizabeth Dugan, and Rajesh Balkrishnan, Health Services Research. 2002 October; 37(5): 1419–1439] 31. 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[Robert Clyman, M.D., Executive Director, American Academy of Child and Adolescent Psychiatry, University of Colorado Health Sciences Center) 54. [Surgeon General's Workshop Agenda, Making Prevention of Child Maltreatment a National Priority:Implementing Innovations of a Public Health Approach,National Institutes of Health, Bethesda, Maryland, March 30–31, 2005] 55. [Women in Sports, Ed Barbara Drinkwater] 56. [Health of Young People, World Health Organization, Geneva, Switzerland 1993] [Chapter: Health Problems and Behavior] [Chapter - Policies and legislation] [United Nations, Press Release, 05/11/2004] 57. [08 September 2003 The health impacts of 2003 Summer Heat Waves Briefing, Delegations 53rd session of the World Health Organization Committee] 58. [Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, Division of Violence Prevention, May 10, 2011 ] 59. [Adapted from Administration for Children and Families (ACF), What is Child Maltreatment?] 60. [Saltzman, L.E., Fanslow, J. L., McMahon, P.M., & Shelley, G.A. (1999). Intimate partner violence surveillance uniform definitions and recommended data elements. Centers for Disease Control and Prevention, National Center for Injury Prevention and Control: Atlanta, GA] 61. [Volunteers and Liability: An Overview of Legal Protections and Municipal Exposure, New Hampshire Town and City, March 2007 By Paul Sanderson, Esq.] 62. [Injury prevention education in medical schools: an international survey of medical students. A Villaveces, J Kammeyer, and H Bencevic Injury Prev. 2005 December; 11(6): 343–347] 63. [Rutgers University Youth Sports Council, New Brunswick NJ]