SAFE SP0RT ACT / CENTER SUMMARY

SUMMARY May 17, 2018

This journalist, Athlete Safety 1st website, Prevent Child Athlete Abuse advocate is uniquely qualified to evaluate and describe the successes and failures of the Safe Sport Act and Center for Safe Sport. Please see Curriculum Vitae;  http://www.cappaa.com/micheal-b-minix-sr-m-d-cv-sports-work-history

Children are in the State ‘Parens Patriae’ and Parents (Guardian) 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.

Enumerated powers are the powers sovereignly granted to the U.S. Federal Government and enumerated powers are sovereignly granted to the states. Child Protection, Welfare and All Child Abuse Interventions are enumerated powers granted to the States, not the Federal Government, when the United States were formed..

“With regard to the Commerce Clause, the SCOTUS justice majority said that the result was controlled by [United States v. Lopez (1995)], which had held that the Gun-Free School Zones Act of 1990 was unconstitutional.

There as in [Morrison], the SCOTUS stressed “enumerated powers” that limit federal power in order to maintain “a distinction between what is truly national and what is truly local.” [Lopez] therefore limited the scope of the Commerce Clause to exclude activity that was not directly economic in nature, even if there were indirect economic consequences. [Lopez] was the first significant SCOUS limitation on the Commerce Clause powers of Congress in 53 years.

The Safe Sport Act appears to have framed the Commerce Clause inappropriately, which has resulted in violations of States Rights and Children’s Rights, who are unprotected by the SSA.

The Safe Sport Act (SSA) does not appear to have had consultations with professionals certified in Child Abuse Prevention and Treatment. The information within the law does not reflect the C.A.R.E. certification training information this journalist received, although some claim to be ‘Experts’.

A Few Child Athlete Abuse Injury Statistics, Both Accidental and NOT Accidental totals

  • 1.35 million Child Sport Injury were treated in Emergency Depts (ED) in2012
  • 1 Child every 3 minutes is examined for Sports Concussion
  • Child Athletes age 12-15 have 47% of Concussions[M. Healy,USA TODAYAug. 6, 2013]
  • ~ 8,000 Child Athletes Sports Injuries are treated in U.S. ED each day [Wier L, Miller A, Steiner C. Sports Injuries in Children Requiring Hospital Emergency Care, 2006. HCUP Statistical Brief #75. June 2009. Agency for Healthcare Research and Quality, Rockville, MD. http://www.hcup-us.ahrq.gov/reports/statbriefs/sb75.pdf. ]
  • >2.6 million Child Sports Injuries, age 0-19 years, are treated in ED / year   [CDC>Child Safety and Injury Prevention  March 14, 2017 Protect the Ones You Love: Child Injuries are Preventable]

Relative Magnitudes Below Confirms; Child Athlete Abuse Syndrome Act Is Essential

  • CDC: >50% of Child Sports Injuries Preventable, Not Accidental, {{{ mbmsrmd caused or allowed to be caused secondary to Maltreatment, Endangerment, Abuse, Negligent supervision, Civil rights Violations  http://www.cappaa.com/not-accidental-preventable-childrens-sport-injuries }}}
    [3 Centers for Disease Control and Prevention.
    [8 Center for Injury Research and Policy. The Research Institute at Nationwide Children’s Hospital, Dr. Dawn Comstock, Columbus, OH.
    [22 Centers for Disease Control and Prevention.
    [23 Mueller FO, Colgate B. Annual Survey of Football Injury Research, 1931–2009. February [2010; University of North Carolina in Chapel Hill.
    [24 Centers for Disease Control and Prevention. Heat Illness Among High School Athletes—United States, 2005–2009. MMWR Morb Mortal Wkly Rep. 2010;59(32):1009–13.
    [33 Centers for Disease Control and Prevention. Nonfatal Traumatic Brain Injuries Related to Sports and Recreation Activities Among Persons Aged ≤19 Years—United States, 2001–2009. MMWR. 2011;60(39):1337–1342

∴ Approximately ~ 1.3 million children injuries, 0-19 years old, (50% of total) that are treated in ED each year for Sports, Recreation, Exercise and Other (SREO) ICD=10 Activities, are Preventable, Not Accidental Sport.

∴ Approximately ~ 4,000 children injuries, (50% of total), treated in ED each day for Sports, Recreation, Exercise and Other (SREO) ICD=10 Activities, are Preventable, Not Accidental Sport injuries, aka Child Athlete Abuse Syndrome:  http://www.cappaa.com/not-accidental-preventable-childrens-sport-injuries]PREVENTABLE, NOT ACCIDENTAL SPORT, RECREATION EXERCISE AND OTHER CHILD ATHLETE ABUSE ICD-10 ACTIVITY INJURIES:]

Compared to 2 other very important U.S. Child Injury Statistics  

5,790 U.S. Child gun-related injury treated in ED each year . [Childhood Firearm Injuries in the United States, Katherine  Carmen Gutierrez, Sarah Bacon, Pediatrics Jun A. Fowler, LindaL. Dahlberg, Tadesse Haileyesus, 2017, e20163486; DOI: 10.1542/peds.2016-3486]

In last 20 years, 18.4 gymnasts / year (368 gymnasts) alleged some form of sexual abuse: [INDYSTAR INVESTIGATIONS REVEALED THAT CHILDREN WERE BEING ABUSED IN GYMNASTICS GYMS, BUT NO ONE KNEW HOW WIDESPREAD THE PROBLEM WAS. UNTIL NOW. By Tim Evans, Mark Alesia and Marisa Kwiatkowski, IndyStar]

This journalist, advocate’s concerns about the Safe Sport Act and the Center for Safe Sport, Senate Bill 534, “The Protecting Young Victims from Sexual Abuse Act of 2017:

  • The power of federal lawmakers is broad, when the Commerce Clause is utilized within a law, but a link to the Commerce Clause is not unlimited, particularly when the Commerce Clause is framed and interpreted inappropriately.
  • “For Federal jurisdiction to exist, the individuals and organizations subject to the Safe Sport Act legislation must be engaged in interstate commerce or activities” which is beyond reach for Child Athlete Abuse Syndrome, according to previous helds (rulings) of the SCOTUS.
  • the Law primarily addresses the risk of Child Sexual Abuse inherent in Youth Sport
  • but does not address the entire epidemic of Child Amateur Athlete Abuse Syndrome per se i.e. Child Amateur Athlete Physical and Psychological Maltreatment and Endangerment, Sexual Abuse and Civil Rights Violations
  • confuses the terms Youth with Child
  • the law primarily provides for national governing bodies, paralympic sports organizations, facilities under the jurisdiction of a national governing body or paralympic sports organization, stated over and over again in the law
  • The majority of the provisions of this new Safe Sport law are not for the protection of the Child Amateur Athletes in Sports, Recreation and Exercise (SRE) and Child Amateur Participants in other Activities supervised by a temporary substitute Caretaker, thought to be greater than 60% of the total 73.6 million Children population
  • [U.S. Child Population in the U.S. 2017 by age 0-17, U.S. Census]
  • Child Amateur Athletes
  • authorizes mandatory reporting to the Center for Safe Sport not state law enforcement / CPS
  • ‘‘§ 220541. (a)(3) Designation of United States Center for Safe Sport The Center [US Center for Safe Sport] shall(1) develop training, oversight practices, policies, and procedures for implementation by a national governing body or paralympic sports organization to prevent abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and (2) include in the policies and procedures
  • ‘§ 220542. Additional duties. ‘‘(a) IN GENERAL.—The Center shall— ‘‘(1) develop training, oversight practices, policies, and procedures for implementation by a national governing body or paralympic sports organization to prevent the abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and ‘‘(2) include in the policies and procedures developed under section 220541(a)(3)— ‘‘(A) a requirement that all adult members of a national governing body, a paralympic sports organization, or a facility under the jurisdiction of a national governing body or paralympic sports organization, and all adults authorized by such members to interact with an amateur athlete, report immediately any allegation
  • [Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 -Impact of new ‘Safe Sport Act’ will impact all of youth sport – directly or indirectly -Preventative legislation, rather than reactive.]
  • Please see:  Abuse Prevention Systems  www.AbusePreventionSystems.com

“All aspects of the Act are meant to prevent sexual abuse in youth sport, primarily through training, oversight practices, policies, and procedures for implementation by a national governing bodies or paralympic sports organizations and prevention training, prevention policies, and mandatory reporting.

“Reading legislation, like the Safe Sport Act, can be ambiguous and confusing, because legislation does not ‘read like a book’. The Act modifies existing legislation: Section 226 of the Victims of Child Abuse Act of 1990 (34 USC 20341: Child Abuse Reporting).”

“Another section provides legislative intent to authorize the US Center for Safe Sport to address the risk of sexual abuse in youth sport by modifying the Ted Stevens Olympic and Amateur Sports Act (36 USC 2205: United States Olympic Committee).”

”The Safe Sport Act provides a legislative change is the Mandatory Reporting in Youth Sport by expanding the list of individuals required to report Child Sexual Abuse by modifying Section 226 of the Victims of Sexual Abuse Act of 1990 (34 U.S.C. 20341).

The list of mandatory reporters now includes: (9) ‘covered individual’. The term ‘covered individual’ means an adult who is authorized by a national governing body, a member of a national governing body, or an amateur youth sport organization that participates in interstate or international amateur athletic competition, (the Commerce Clause) to interact with a minor or amateur athlete at an amateur sports organization facility or at an event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization;

“The Safe Sport Act also extends the mandatory reporting requirement to each ‘covered individual’, interpreted broadly as an adult authorized to interact with minor or amateur athletes.

Safe Sport Act §220530(a)(2)(A) requires all adults working with a National Governing Body (NGB) or Paralympic Sports Organization to immediately report suspicions of abuse to the US Center for Safe Sport (‘Center’) and the appropriate law enforcement agencies, as determined by state and federal law, which is confusing and ambiguous, unclear, not spelled as ‘clear as a bell’ should be.

For Amateur Sports Organization not sanctioned by an National Governing Body (NGB) (§220530), participating adults are included in the list of ‘covered individuals’ required to report suspicions of abuse to the appropriate law enforcement agencies, as determined by state and federal law – but do not appear to be required to report suspicions of abuse to the Center.

“In essence, the anticipated legislation creates a mandatory reporting obligation in youth sport, regardless of whether the program is USA Gymnastics” or other Amateur Child Athlete Activity.

The confusion continues: “Each organization must determine whether a report to the US Center for Safe Sport is also required.”

The confusion continues: It is imperative that each youth sport organization, and the individuals within that organization, understand the new federal obligations, as well as the respective state-specific obligations.

“Contained in the Act’s provision related to audits (§220542): §220542. Additional duties. “(a) In General – The Center [US Center for Safe Sport] shall(1) develop training, oversight practices, policies, and procedures for implementation by a national governing body or paralympic sports organization to prevent abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and (2) include in the policies and procedures … (A) [mandatory reporting] (B) [mechanism for reporting] (C) [prevention policies] (D) [procedures to prohibit retaliation] (E) oversight procedures;

“There are fundamental distinctions between ‘prevention training’ and ‘abuse indicators’ or ‘abuse recognition’ training: one is proactive, the others are reactive followed by instructions concerning how and to whom to report the abuse.

“Now, all youth sport organizations are on notice that Child Sexual Abuse, only one of the types of Child Athlete Abuse Syndrome, is a real risk in Youth Sport, (instead of Child Sport)(the definition of Child and Youth are not the same) and reasonable steps should be taken to protect young athletes, including reporting, effective training, tailored policies, oversight practices and periodic safety system reviews.

“The Protecting Young Victims from Sexual Abuse Act of 2017 will attempt to preserve those benefits by addressing the risk of child sexual abuse inherent in youth sport.”

[Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017]

This report is not to rank Child injury importance and treatment. All Children’s Injuries, Physical, Psychological Maltreatment, Endangerment, Sexual Abuse, Negligent Supervision and Civil Rights Violations require equal timely expert medical attention. This is our forensic Medical purpose. The Safe Sport Act appears to provide Un-Equal Protection under the law for a select group, 8 million Olympian Child Athletes, 

“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]

Safe Sport Act (SSA) should have been legislatively drafted with laws about

  • All Forensic Medical Types of unlawful, preventable, not-accidental Child Amateur Athlete Abuse morbidity and mortality
  • and legislated drafted about the sovereign state Multidimensional Team Intervention Approach for reporting, investigating and prosecuting Child Athlete Abuse, approved by U.S. Department of Justice, [U.S.Dept of Justice 2001 Guide to Investigating Child Abuse]
  • Safe Sport Act (SSA) should have been legislatively drafted with laws about the entire Definition of Child Athlete Abuse Syndrome, as presented in 2011 by this journalist advocate, and not limited to Child Athlete Sexual Abuse, which is only one of the total types.  http://www.cappaa.com/child-and-youth-definitions

Safe Sport Act (SSA) should NOT have been legislatively drafted with laws

  • about another Center for Safe Sport (CSS) and repeating the same mistakes as before in SafeSport,
  • eronoulsly defining Child by the Sport they play, rather instead drafted by their age of minority, 18,
  • mistakenly using the term Youth instead of Child at times in the law and rather instead defined both terms
  • that expand the authority of the Commerce Clause to allow the Federal regulation of Child Amateur Athletes
  • that allow suspected Child Athlete Abuse to be reported to the Center for Safe Sport, which is not a law enforcement organization,
  • that are reported to an ill-defined law enforcement agency, called ‘police’, for Child Amateur Athlete Abuse, which is wide open for interpretation.

Safe Sport Act (SSA) should have legislatively amended and consolidated

  • The Victims of Child Abuse Act of 1990,
  • Ted Stevens Olympic Amateur Sports Act of 1978,
  • time honored Child Abuse Prevention and Treatment Act, CAPTA 2010, P.L. 111-320
  • and U.S. code 42, 5106a – Grants to States for Child Abuse and Neglect Prevention and Treatment Programs into one Congruent law covering All ICD-10 Child Amateur Athlete venues, activities, conditions, causes, factors, modifiers and suspected Perpetrators and due process.
  • New Grants In addition to the standard operating Multidisciplinary Procedures grants for non-Athlete infant, toddler and teenage Child Abuse, now operating.

42 U.S.C. United States Code, 2010 Edition Title 42 – THE PUBLIC HEALTH AND WELFARE CHAPTER 67 – CHILD ABUSE PREVENTION AND TREATMENT ACT has pages and pages of Federal Law dedicated for every possible aspect of Child Abuse. There is no way SSA and CSS can legislatively draft any Child Abuse shape, form, or fashion, that would competently cover all necessary aspects of Child Abuse; that is a preposterous conception. 42 U.S.C. United States Code has required years of legislative drafting by professional statesmen/women and drafters. Hence, SSA and CSS are not nearly capable of ‘re-inventing the wheel’ over the nest several years and thus, are unsustainable.

Safe Sport Act and the Center for Safe Sport Law do not have drafted provisions for

1) Doctors treatments

2) ICD-10 Forensic Medical Child Abuse Injuries diagnostic nomenclature

3) No provisions for collecting and analyzing state and national injury mortality and morbidity data.[Proposed Framework for Presenting Injury Data using ICD-10-CM External Cause of Injury Codes Joseph L Annest, PhD, MS,1 Holly Hedegaard, MD, MSPH,2 Li-Hui Chen, PhD,2 Margaret Warner, PhD,2 Equater (Ann) Smalls1 March 2014, A Collaboration of CDC’s National Center for Injury Prevention and Control,1 Atlanta, GA and National Center for Health Statistics,2 Hyattsville, MD]

4) How Preposterous.

End of Summary

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Previous Posts

Congress has used the Commerce Clause to regularly expand the power and authority of the Federal Government, sometimes improperly. [Uses and Abuses of Commerce Clause, Jan 18, 2011 14 by David Forte, Heritage Foundation]

Safe Sport Act (SSA) and the Center Safe Sport (CSS) are the most recent expansions.

Some of the School, Non-School and Olympian Child Amateur Athletes participating in some of the Sports, Recreation and Exercise (SRE) and other ICD-10 Activities are directly impacted by transferring their oversight and jurisdiction to the SSA and CSS.

In doing so, the time honored, local state law enforcement, social services and CPS agencies, state sovereign jurisdictions are ‘side-stepped’, ignored and jurisdiction transferred to the inexperienced Federal Government with limited funding.

For successful Child Athlete Abuse Syndrome intervention, including Sexual Abuse, the Multidimensional problem requires the sovereign state Multiprograms, Multidiscipline and Multiagency Team approach. approved by the U.S. Department of Justice, supported by years of funding and experience [U.S. Department of Justice 2001 Guide to Investigating Child Abuse]

To complicate matters, there are serious questions concerning the validity and jurisdiction of SSA and CSS for Child Athlete Abuse Syndrome.

“Violence in Sport can be defined as behavior that causes harm, occurs outside of the rules of the sport and is unrelated to the competitive objectives of the activity.”  [Terry, Peter C. and Jackson, John J. (1985) The Determinants and Control of Violence in Sport. Quest, 37 (1) 27-37 [Leonard, Wilbert Marcellus. (1988) A Sociological Perspective of Sport (Third Edition). New York, Macmillan Publishing Company p.165].

In UNITED STATES v. MORRISON, Chief Justice Rehnquist explained by emphasizing that non-economic activities (violence against women, or violence against men, or violence in general) could not be aggregated to establish a substantial connection to interstate commerce. This he made clear as a bell. [Commerce, Commerce, Everywhere: The Uses and Abuses of the Commerce Clause, January 18, 2011 14 min read Download Report by David Forte, Senior Policy Analyst The Hertage Foundation]

The majority held that neither the U.S. Constitution’s Commerce Clause nor the 14th Amendment gives Congress the power to act in this area.

Justice Rehnquist, joined by justices O’Connor, Scalia, Kennedy, and Thomas ruled that the Commerce Clause does not grant Congress the authority to regulate non-economic, violent criminal conduct based solely on that conduct’s aggregate effect on interstate commerce.

Rehnquist rejected the validity of congressional findings that gender-motivated violence substantially affects interstate commerce, and concluded that it is the province of the states, not the federal government, to regulate intrastate violence that is not directed at the instrumentalities, channels, or goods involved in interstate commerce.

“United States v. Morrison, 529 U.S. 598 (2000), is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.”

“With regard to the Commerce Clause, the majority said that the result was controlled by United States v. Lopez (1995), which had held that the Gun-Free School Zones Act of 1990 was unconstitutional.

There as in Morrison, the Court stressed “enumerated powers” that limit federal power in order to maintain “a distinction between what is truly national and what is truly local.” Lopez therefore limited the scope of the Commerce Clause to exclude activity that was not directly economic in nature, even if there were indirect economic consequences. Lopez was the first significant limitation on the Commerce Clause powers of Congress in 53 years.

Enumerated powers were the powers sovereignly granted to the U.S. Federal and enumerated powers sovereignly granted to the states, including Child Protection and All Child Abuse Interventions.

SSA and CSS Reauthorization, deauthorization and/or unconstitutional proceedings, in whole or part, appear to be in order.

U.S. Olympic Equestrian Federation is one of the National Governing Bodies (NGB) of the 159 Olympic Spots. The following is their interpretation of the Safe Sport Act.

Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 has policies and procedures on which we advocates agree and many on which we disagree, many which have been above mentioned.

“The bill amends two federal statutes:

“The Victims of Child Abuse Act of 1990, and the Ted Stevens Olympic and Amateur Sports Act of 1978.

1..Within the Victims of Child Abuse Act of 1990, the bill extends the mandatory duty to report to USEF members and participants, who must report suspected sexual abuse to authorities within 24 hours. (Immediate reporting is good, but What authorities?)  (“required to report any suspected sexual misconduct to the U.S. Center for SafeSport”), (Who investigates, Who prosecutes, Who judges?) (The Center for Safe sport is not Law Enforcement)  (Is there Due Process?)  (misunderstandings, confusion and ambiguities)

An individual who does not report the suspected sexual abuse is subject to criminal penalties. (The Center for Safe sport is not Law Enforcement)  (Is there Due Process?)  (misunderstandings, confusion and ambiguities)

Additionally, the bill extends the statute of limitations for victims to bring a civil lawsuit against a perpetrator and allows a claim for punitive damages.

2..The bill also amends the Amateur Sports Act of 1978 in several ways.

Firstly, it designates the U.S. Center for SafeSport to serve as the independent national safe sport organization. (The Center for Safe sport is not Law Enforcement)  (Is there Due Process?)  (misunderstandings, confusion and ambiguities)

This designation includes the responsibility for developing policies and procedures to prevent emotional, physical, and sexual abuse of amateur athletes. (Barely describes 2 other types of Child Athlete Abuse)

The bill also modifies the obligations of amateur athletic organizations, including National Governing Bodies such as the USEF.

“These organizations must abide by all policies and procedures to prevent any type of abuse.

They also must comply with all reporting requirements,

Establish reasonable procedures to limit one-on-one interactions between athletes who are minors and an adult,

Offer and provide consistent training to members who are in contact with minors,

As well as establish ways to prohibit retaliation against the victim.

Importantly, under the U.S. Center for SafeSport’s Code and USEF’s Safe Sport Policy, members of and participants in USEF-licensed competitions and sponsored programs are required to report any suspected sexual misconduct to the U.S. Center for SafeSport, regardless of when and where the misconduct occurred.  (The Center for Safe sport is not Law Enforcement)  (Is there Due Process?)  (misunderstandings, confusion and ambiguities) (Will actual Law Enforcement be notified? and proceed lawfully as they should? Will Baning a Coach form coaching and other penalties proceed without due process?)  

All USO Federations reviewed were similar to the above Equestrian Federation.

Child Athlete Abuse Syndrome, which should include Child Olympian Sexual Abuse, is too important to be so drafted (IMHSM C.A.R.E.Certified O) .

[Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act Of 2017 Signed Into Law, Chronicle of the Horse, Equestrian news Feb 16, 2018]

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Some definitions and ground rules, followed by intermittent website updates:

The new law, The Safe Sport Act and Center for Safe Sport, utilized the ‘Commerce Clause’ to place Child Athlete Sexual Abuse under Federal Jurisdiction.

“The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

Commerce is defined as the exchange of goods, products, or property. Trade and traffic carried on between different peoples or states and its inhabitants, including not only the purchase, sale, and exchange of commodities but also the instrumentalities, agencies, and means by which business is accomplished.

The transportation of persons and goods, by air, land and sea. The exchange of merchandise on a large s scale between different places and communities.

Although the terms commerce and trade are often used                          interchangeably, commerce refers to large scale business activity,  while trade describes commercial traffic within a state or community. [West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.]

For Safe Sport Act (SSA) and Center for Safe Sport(CSS) Federal Jurisdiction to exist, members, individuals and organizations associated with Olympians subject to the legislation must be engaged in interstate commerce or activities, according to Senate Bill 534 which became law, February 2018. [Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 -Impact of new ‘Safe Sport Act’ will impact all of youth sport – directly or indirectly -Preventative legislation, rather than reactive.]

When investigators first scratch the surface, the regulations stemming from Commerce Act associations appear sacred, but with deeper incisions into the law the dictum does not appear sanguine. The Bleeding hearts desist.

‘Commerce Clause’ proclaims that the authority of Congress may be exerted to control interstate commerce in the shipment of child made goods and products.

In Gibbons v. Ogden22 U.S. (9 Wheat.) 1 (1824)[1] was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution.

In Gibbons, the Supreme Court held that Congress had the right to regulate interstate commerce and may regulate only those activities within a state that arise out of or are connected with a commercial transaction and that, viewed in the aggregate, substantially affect interstate commerce and commerce is more than mere traffic; it is the trade of commodities. The definition also included navigation.

In Hammer v. Dagenhart247 U.S. 251 (1918)[1], the United States Supreme Court decision involved the power of Congress to enact child labor laws.

The Court held regulation of child labor in purely internal (to a single state) manufacturing, the products of which may never enter interstate commerce, to be beyond the power of Congress, distinguishing the Lottery line of cases, which concerned Congressional regulation of harms (e.g. interstate sale of lottery tickets) that required the use of interstate commerce.[2]

The majority opinion in 5-4 decision was by Justice William R. Day, who stated “Production was not commerce, and thus outside the power of Congress to regulate.”

And “the regulation of production was reserved by the 10th Amendment to the states.”

Day wrote that “the powers not expressly delegated to the national government are reserved” to the states and to the people.

The ruling of the Court was later overturned and repudiated in a series of decisions handed down in the late 1930s. Specifically, Hammer v. Dagenhart was overruled in 1941 in the case of United States v. Darby Lumber Co.312 U.S. 100 (1941).

United States v. Darby Lumber Co., 312 U.S. 100 (1941)[1], was a case in which the United States Supreme Court upheld the Fair Labor Standards Act of 1938, holding that the U.S. Congress had the power under the Commerce Clause to regulate employment conditions. But did not refute “Production was not commerce, and thus outside the power of Congress to regulate.”

Appeared the courts held that Production was not commerce, and thus outside the power of Congress to regulate Commerce Clause to regulate employment conditions and eliminate unfair production of product conditions

The unanimous decision of the Court in this case overturned Hammer v. Dagenhart247 U.S. 251 (1918), limited the application of Carter v. Carter Coal Company298 U.S. 238 (1936), and confirmed the underlying legality of minimum wages held in West Coast Hotel Co. v. Parrish 300 U.S. 379 (1937).

UNITED STATES v. LOPEZ, certiorari to the United States court of appeals for the fifth circuit No. 93-1260. Argued November 8, 1994 — Decided April 26, 1995 held Congress may regulate only those activities within a state that arise out of or are connected with a commercial transaction and that, viewed in the aggregate, substantially affect interstate commerce.

Because the U.S. Congress had the power to regulate Commerce Clause and regulate specific labor conditions, not the labor or job description,  itself, in Fair Labor Standards as decreed by the courts, School, Non-School and Olympian Child Amateur Athletes conditions are considered.

“The Commerce Among the States Clause operates both as a power delegated to Congress and as a constraint upon state legislation. No clause in the 1787 Constitution has been more disputed, and it has generated more cases than any other.”

Chief Justice John Marshall in Gibbons v. Ogden (1824) saw the power to regulate as coextensive with the other delegated powers of Congress. He declared: “This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the constitution.”

“In generally ascending order of breadth, various writers and Justices have defined “commerce” as: 1. The trafficking and trading of economic commodities, 2. the modes of their transportation, 3. any kind of commodity and the mode of its transportation, 4. movement of any thing or any person and its mode of transportation, 5. Economic activity that substantially or causally impacts on the trafficking, trading, or transportation of commodities,

“6. Any human activity or other phenomenon that has any ultimate impact on activities in more states than one. In SSA and CSS “Congress had not appropriated to itself a general police power from the States, but seemed to appropriate to itself the primary caretakers of Olympian athletes, ignoring the ‘Parens Patriae Doctrine’.

School, Non-School and Olympian Child Amateur Athletes participating in Sports, Recreation and Exercise (SRE) and other ICD-10 Activities are by definition

  • unemployed,
  • do not produce goods or products for commerce during SRE participations and other ICD-10 Activities,
  • are not engaged in large scale business activity
  • and their activities are Not connected with a commercial transactions,
  • when viewed in the aggregate, that substantially affects interstate commerce.
  • Children are extremely vulnerable. States have the responsibilities to interpret and implement Federal Law, CAPTA 2010, Child Abuse Prevention and Treatment Reauthorization Act, 2010, Public Law 111-320.
  • CAPTA 2010 declares that Children are so vulnerable they require a direct or indirect caretaker, supervisor, someone responsible at all times 24/7.
  • The Child Olympian Athletes’ temporary substitute caretakers’ duty for Child Athlete Protection, supervision and regulation, are shared intermittently by U.S.O.C. Coaches, Doctors, associate members, individuals and organizations, who at the same time engage in interstate commerce or activities, according to Senate Bill 534, which became SSA and CSS Law.
  • Caregivers use a “reasonable and prudent parent standard” when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities.
  • The “reasonable and prudent parenting standard” can help  all children have a positive outcome during their care and supervision and adulthood. [The Reasonable and Prudent Parent Standard, by Heidi Redlich Epstein and Anne Marie Lancour, American Bar Association, Child Law Practice vol 35 no. 10,
  • Is the Commerce Clause applicable to Child Amateur Athletes? If so, the SSA and CSS can have jurisdiction over them. If not, SSA and CSS jurisdiction are not applicable for the laws existence.
  • In UNITED STATES v. MORRISON, the Court struck down a suit for damages for rape, even though the suit would have been permitted under the Violence Against Women Act. In Supreme Court of the U.S. No. 93-1260, UNITED STATES, PETITIONER v. ALFONSO LOPEZ, Jr. on writ of certiorari to the United States Court of Appeals for the fifth circuit [April 26, 1995] Chief Justice Rehnquist delivered the opinion of the Court. Chief Justice Rehnquist explained by emphasizing that non-economic activities (violence against women, or violence against men, or violence in general) could not be aggregated to establish a substantial connection to interstate commerce. This he made clear as a bell. [Commerce, Commerce, Everywhere: The Uses and Abuses of the Commerce Clause, January 18, 2011 14 min read Download Report by David Forte, Senior Policy Analyst The Hertage Foundation]
  • In United States v. Morrison, the Supreme Court invalidated a provision of the federal Violence Against Women Act that created a federal civil rights remedy for the victims of gender-motivated violence. The majority held that neither the U.S. Constitution’s Commerce Clause nor the 14th Amendment gives Congress the power to act in this area. Four justices dissented.
  • Justice Rehnquist, joined by justices O’Connor, Scalia, Kennedy, and Thomas ruled that the Commerce Clause does not grant Congress the authority to regulate non-economic, violent criminal conduct based solely on that conduct’s aggregate effect on interstate commerceHe rejected the validity of congressional findings that gender-motivated violence substantially affects interstate commerce, and concluded that it is the province of the states, not the federal government, to regulate intrastate violence that is not directed at the instrumentalities, channels, or goods involved in interstate commerceClear as a Bell.
  • United States v. Morrison, 529 U.S. 598 (2000), is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.”
  • “With regard to the Commerce Clause, the majority said that the result was controlled by United States v. Lopez (1995), which had held that the Gun-Free School Zones Act of 1990 was unconstitutional. There as in Morrisonthe Court stressed “enumerated powers” that limit federal power in order to maintain “a distinction between what is truly national and what is truly local.” Lopez therefore limited the scope of the Commerce Clause to exclude activity that was not directly economic in nature, even if there were indirect economic consequences. Lopez was the first significant limitation on the Commerce Clause powers of Congress in 53 years.The Lopez court stated that Congress may regulate (1) use of the channels of interstate commerce, (2) the “instrumentalities” (for example, vehicles) used in interstate commerce, and (3) activities that substantially affect interstate commerce. Because VAWA’s civil remedy concededly did not regulate the first or second categories, the Morrison court analyzed its validity under the third.
  • SSA and CSS appear invalid, in whole or in part, to facilitate the regulation of  violence against anyone and non-economic activities and, therefore, School, Non-School and Olympian Child Amateur Athletes as believed, when Congress passed the Safe Sport Act and Center for Safe Sport Law,
  • Reauthorization, deauthorization and/or unconstitutional proceedings, in whole or part, appear to be in order.

“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]

“According to the 2010 supplement, the official Constitution with Annotations, there were 165 congressional acts that the Supreme Court have found unconstitutional since 1803.

Years of court cases would be very detrimental to School, Non-School and Olympian Child Amateur Athletes.

___________________________________________________________________________________

“The Constitution enumerates certain powers for the federal government. The Tenth Amendment provides that any powers that are not delegated to Congress by the Constitution are reserved for the states.

“Congress has often used the Commerce Clause to justify exercising legislative power over the activities of states and their citizens, leading to significant and ongoing controversy regarding the balance of power between the federal government and the states.

“Congress only has the power to regulate the channels of commerce, the instrumentalities of commerce, and action that substantially affects interstate commerce. He declined to further expand the Commerce Clause, writing that “[t]o do so would require us to conclude that the Constitution’s enumeration of powers does not presuppose something not enumerated, and that there never will be a distinction between what is truly national and what is truly local. This we are unwilling to do.”

The Lopez holding was later affirmed when the Court overturned the Violence Against Women Act for its reliance on the Commerce Clause in making domestic violence against women a federal crime.

Taken together, Lopez and Morrison emphasize a distinction between economic and non-economic activity, with the Court hesitating to allow federal regulation of the latter in deference to traditional state authority. Additionally, these two cases reveal the Court’s hesitancy to uphold legislation that relies heavily on inference to show a connection with interstate commerce. 

In Gonzales v. Raich, however, the Court did return to its more liberal construction of the Commerce Clause in relation to intrastate production. There, the Court upheld federal regulation of intrastate marijuana production. Reminiscent of the Wickard decision, Raich reasons that even intrastate production of a good our commodity will likely affect an interstate commercial scheme.  [Legal information Institute, Cornell Law School]

The State, not the Federal Government, most likely has jurisdiction, (state court’s power or authority to hear a case, administer justice [FindLaw]), for suspected Child Athlete Sexual Abuse when there is

  • in a suspected single state place at a time
  • one suspected single sex offender person at a time,
  • and one suspected single Sexual Abused Child Athlete victim at a time
  • and none have connection to the “the instrumentalities and channels of interstate economic commerce and actions that substantially affects interstate economic commerce,
  • e. (a)Typical examples § 776.29 Instrumentalities and channels of interstate economic commerce (as distinguished from non-economic) and actions which serve as the media for the movement of goodsand persons in interstate commerce or for interstate communications include railroads, highways, city streets; telephone, gas, electric and pipe line systems; radio and television broadcasting facilities; rivers, canals and other waterways; airports; railroad, bus, truck or steamship terminals; freight depots, bridges, ferries, bays, harbors, docks, wharves, piers; ships, vehicles and aircraft which are regularly used in interstate commerce. 31 [31 General coverage bulletin, § 776.11.],

On the medical expert witness front:  “In deciding a landmark child sexual abuse case, the U.S. Supreme Court broke new ground in addressing the unique needs and qualities of child witnesses. The Court unanimously decided that the spontaneous statement of an abused child, made outside of a courtroom and while receiving medical treatment because of molestation, is trustworthy and may be allowed as evidence at trial. The Court curtailed the right of a defendant to go face to face against the child accuser, considering that a victimized child’s statement, made while he or she is emotionally injured, has substantial value that cannot be duplicated simply by testifying later in court.  [Child sexual abuse revisited by the U.S. Supreme Court., J Am Acad Child Adolesc Psychiatry. 1993 Sep;32(5):971-4.]

Another Safe Sport Act (SSA)/Center For Safe Sport (CSS) summary IMHSMC.A.R.E.O following an excellent report

This post on this regularly updated website page is in response to an excellent article; “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.

Proper Reporting, Interventions, Investigations and Prosecutions, and Due Process and appropriate Acquittals for suspected Child Athlete Abuse Syndrome’ (CAAS) i.e. Child Athlete Physical, Psychological (Emotional), Sexual Abuse and Civil Rights Violations, usually require the time-honored method, the Multidisciplinary Team (MDT) approach, advocated by the U.S. Justice Department.

Up until now Sports, Recreation, Exercise (SRE) and other supervised ICD-10 activities have been regarded by many “a nations unto their own” behanced by their superiors, who have attempted to prohibit outside interference by law enforcement and others.

“No Sport is a Kingdom unto its own,”…. “No one is above the Law.” said former Secretary of State and avid Sport Fan, Condeleezza Rice. [11.]

All entities in crisis described by the Surgeon General in 2005 have doubled-down on Child Athletes, turned a blind eye to CAAS, for the sake of ‘win-at-all-costs to Athletes, with no will to enforce the entire spectrum of Child Abuse Law, U.S. CAPTA 2010, which should always include the protection of Child Athletes, but hasn’t.

The Surgeon General of the United States Workshop 2005 included many additional perpetrators of Child Abuse and Neglect and suggested private entities should ‘step-up” and answer the call and advocate. Many of us have. its been slow going.  [Surgeon General’s Workshop on Making Prevention of Child Maltreatment a National Priority: Implementing Innovations of a Public Health Approach, Office of the Surgeon General (US); 2005. NIH, Bethesda, Maryland, 2005]

The sustainability of Sports, Recreation, Exercise (SRE) and other supervised ICD-10 activities depends on Athlete Safety 1st, particularly in light of newly discovered Concussion morbidity and mortality. Other medical conditions are now piling-on and adding-up.

The 4 main problems to date that have been hindrances for the Prevention of CAAS and Athlete Safety 1st:

  • Popularity of Sports has grown by leaps and bounds. Money in every aspect of Sports, including gambling, has increased. The entire Sport community has become rabid and violent. Sportsmanship is at an all time low.
  • Previous SRE and other supervised ICD-10 activities’ laws, seminars and pontifications, directly and indirectly, have furthered the prevention of outside interference of CAAS and Athlete Safety 1st, while extending Athlete ‘Substandard of Care and Protection’
  1. American Bar Association – Forum on the Entertainment and Sports Industries
  2. Sports Accidents and Litigation
  3. Sports Law – Definition
  4. Sports Law – Overview
  5. Ted Stevens Olympic and Amateur Sports Act
  6. Title IX and Intercollegiate Athletics
  7. US Department of State – Sports United
  8. US Immigration – P-1 Athletes Visa
  9. US Sports Lawyers Association (SLA)
  10. USGS Recreation – Federal Laws and Regulations[HgLegal.org, legal resources]
  • The ‘Old Regime’, U.S. Olympic Committee, and other governing bodies have formed bureaucratic obstructive layers. School and non-school federations, associations, and leagues have established a virtual perimeter around Athlete harm and injuries. Most of these entities have no inclination for intervention and are not capable of Multidimensional Team intervention for investigation into Child Athlete Abuse. There are other deficiencies
  • The negatives have caused a nationwide Athlete ‘Substandard of Care’

Conversely, advocates, who advertise for Athlete Safety donations, do not appear to be altruistic, philanthropic and selfless. Legislation drafted by advocate brokers is most probably biased.

“Legislation can be written by anyone, but only a Member of Congress can introduce a bill (or “measure”) for consideration. [LexisNexis]

“Most tax practitioners believe that when a 501(c)(3) public charity’s lobbying activity is less than 5 % of its overall activities, it would be an ‘insubstantial amount’ of lobbying, thus legal. [Nonprofits and Lobbying by Nayantara Mehta, Business Law Today, vol 18 No. 4 Mar/Apr 2009]

States have focused their Child Abuse attention and resources on Infants and toddlers because they receive the majority of abusive victimizations in the U.S. and are the most vulnerable. Therefore, abuse statistics are biased because Athletes have not been included.  Child Athletes have, for most incidents, been deferred from victimization consideration until now.

Did the SSA and CSS answer the bell’, “meet the challenge with success.” Probably not. Time will tell.

The knockout, rendering all types abusers, perpetrators and predators unable to continue victimizing Child Athletes by creating the SSA and CSS is far from ‘down for a final count’.

CAAS is a Forensic Medical Diagnoses and are in ICD-10 medical language (International Classification of Disease).

Definition: Child Athlete Abuse Syndrome. Child Athlete Abuse Syndrome (CAAS) forensic definition will be found at reference link:  [http://www.cappaa.com/child-athlete-abuse-syndrome-forensic-definition-4]

Child and Youth are not synonymous. Youth is mistakenly used sometimes rather than Child in SSA and CSS. Definition of child and youth: [Child and Youth Definitions: http://www.cappaa.com/child-and-youth-definitions ]

What are the facts and evidence offered by a Medical Expert Witness necessary for a CAAS conviction?

In the Journal of American Family Physician, “>>“Sexual abuse is defined as any sexual activity that violates the law.2 The sexual activity may include fondling, oral-genital, genital and anal contact, as well as exhibitionism, voyeurism and exposure to pornography. Sexual abuse must be differentiated from “sexual play” or age-appropriate behavior.

Child victims of sexual abuse may present with

  • physical findings that can include vaginal and anogenital problems, enuresis or encopresis, sexually transmitted diseases, bodily trauma, host of other maladys.
  • Behavioral changes may involve sexual acting out, aggression, depression, eating disturbances and regression.
  • Because the examination findings of most child victims of sexual abuse are within normal limits or are nonspecific, the child’s statements are extremely important. The child’s history as obtained by the physician may be admitted as evidence in court trials; therefore, complete documentation of questions and answers is critical.
  • Juries value expert medical testimony
  • CPS / Social Services / Special Police Units have specialized interview training. Please see child athlete abuse victims, witnesses and perpetrators rights:  http://www.cappaa.com/what-are-children-and-child-athlete-abuse-victims-witnesses-and-perpetrators-rights
  • When examining the child’s genitalia, it is important that the physician be familiar with normal variants, nonspecific changes and diagnostic signs of sexual abuse.  Forensic Pediatricians and departments have specialized training. Childrens’ vaginal diagnoses are not as simple as some might think.
  • Judicious use of laboratory tests, rape kits/tests, along with appropriate therapy, should be individually tailored.
  • Forensic evidence collection is indicated in certain cases.
  • Referral for psychological services is important because victims of abuse are more likely to have depression, anxiety disorders, behavioral problems and post-traumatic stress disorder.
  • This journalist is an M.D. and was certified in C.A.R.E. (Child Abuse Recognition Education) sponsored by Prevent Child Abuse Kentucky, PCAK, and Department of Pediatric Forensic Pathology, University of Louisville, Kentucky Medical Association) and certified to teach other physicians and their office staff in their office about the recognition of Child Abuse

“By working with law enforcement and social service agencies, the Doctor can play an integral role in establishing a protective environment for the child victim of sexual abuse to begin the healing process.

Child sexual abuse is a complex problem that requires the physician to evaluate and treat the patient using a Multidisciplinary Approach. [Evaluating the child for sexual abuse.by S. L. Lahoti, N. McClain, R. Girardet, M. McNeese, K. Cheung, Am Fam Physician. 2001 Mar 1; 63(5): 883–892]

How will SSA and CSS address medical morbidity and mortality? Medical examinations and treatments are not mentioned in the new law.

What signs and symptoms are critical for a conviction?  Judge Sykes noted that the jury did not find that suspected perpetrator caused bodily injury, so the jury probably did not believe he used physical force. He was acquitted.  [United States Court of Appeals, Seventh Circuit. Ladmarald CATES, Petitioner-Appellant. v. UNITED STATES of America, Respondent-Appellee. No. 16-1778 Decided: February 20, 2018]

Child Abuse is a state, where the victim lives or where the crime was committed , job. “Many states (that have jurisdiction) create different levels of abuse depending on the severity of the inflicted harm and injury or the victim’s age.”   [[State-by-state comparison of the maximum sentences for child abuse crimes. SENTENCES FOR CHILD ABUSE By: Sandra Norman-Eady, Chief Attorney, 2000-R-1064 November 22, 2000]

Statistics: General (not specific to Athletes) Child abuse reports involved 7.2 million children.Highest rate of child abuse in children under one (24.2% per 1,000).Over one-quarter (27.%) of victims are younger than 3 years.Annual estimate: 1,670 to 1740 children died from abuse and neglect.1,3 Almost five children die every day from child abuse.1,2 80% of child fatalities involve at least one parent.[National Child Abuse Statistics, American Society Positive Care of Children]

ICD-10 Medical venus are described as Activities, not SRE.

Nearly 6 Out of 10 Children Participate in Extracurricular Activities, Census Bureau Reports Release Number: CB14-224

57% of children between 6 and 17 years old participate in at least one after-school extracurricular activity, according to a new report released today from the U.S. Census Bureau.

The report found that children were more likely to participate in sports (35 %) than clubs or lessons like music, dance and language (both around 29%).  [Dec 09, 2014 United States Census Bureau]

Don Sabo, a longtime youth-sports researcher and a professor in 2007 found that 75 % of boys and 69 % of girls from 8 to 17 took part in organized sports during the previous year — playing on at least one team or in one club. [ Statistics by Bruce Kelley and Carl Carchia, ESPN]

“Activity during 2017, very similar to 2016: 72% of the U.S. population ages six and over were active.

“The study looked at 123 different sports and activities in a variety of sub categories including, but not limited to: team and individual sports, outdoor sports and activities like camping, hunting, and fishing; fitness and exercise, action sports, golf.

When Children less than 18 are supervised, under the care and control of an adult, in the absence of a parent or guardian, the supervisor becomes a caretaker, a temporary substitute caretaker / caregiver, and the umbrella of Child Protection and Duty to Children follow the child every nanosecond on every inch of earth.

Doctors and other health care personnel are licensed health care providers and can be charged with endangerment, maltreatment and sexual abuse as can all who cause or allow to be caused CAAS.

  • Estimates:  In 2017 about 44.28 million (60%) children played 1 school or non-school sport. This number does not include all supervised activities.
  • Under the new SSA and CSS Law, 8 million Olympian, Paralympian and other NGB Youth/Children are now protected
  • Because the approximate 36.28 million Child Athletes, by these numbers, are Not covered by the SSA and CSS, like all other Children, All Child Physical and Psychological (Emotional) Endangerment/Maltreatment, Sexual Abuse, Neglect and Child Civil Rights violations,
  • because State Governments continue to have jurisdiction, not the Federal Government,
  • shall continue to be Reported to (1.) the County Attorney, chief law enforcement officer in each state county or other local Law Enforcement / Police,
  • and (2.) Report, at same time, to Child Protective Service (CPS).
  • Both will begin the Multidisciplinary Team Intervention
  • and will refer and assure the victim a Doctor Examination.
  • see more details below

Supervised, participating Children in all of the following activities are at risk for Child Sexual Abuse, and all CAAS, which is much more extensive than that of only Olympians.

Children participating in all of the following activities are at risk of Child Abuse when supervised by a temporary substitute caregiver.

List of Sports/Activities in Grouped Categories

FITNESS ACTIVITIES: High Impact/Intensity Training, Dance, Step and Other Choreographed Exercise to Music, Cardio Kickboxing, Elliptical Motion Trainer/Cross-Training, Row Machine, Stationary Cycling (Group, Recumbent, Upright), Stair-Climbing Machine, Treadmill, Aquatic Exercise, Boot-Camp Style Training, Bodyweight Exercise & Bodyweight Accessory-Assisted Training, Cross-Training Style Workouts, Barre, Pilates Training, Stretching, Tai Chi, Yoga, Free Weights (Barbells, Dumbbells, Hand Weights), Kettlebells, Weight/Resistance Machines, Running/Jogging, Swimming for Fitness, and Walking for Fitness.

INDIVIDUAL SPORTS: Triathlon (Traditional/Road, Non-Traditional/Off-Road), Adventure Racing, Golf, Boxing (Fitness, Competition), Martial Arts, MMA (Fitness, Competition), Other Combat Training, Bowling, Ice Skating, Roller Skating (2×2 Wheels, In-Line), Skateboarding, Archery, Shooting (Sports Clays, Trap/Skeet), Target Shooting (Rifle, Handgun), and Trail Running.

OUTDOOR SPORTS: Adventure Racing, Backpacking Overnight (more than a ¼ mile from home/vehicle), Bicycling (Road/Paved Surface, Mountain/Non-Paved Surface, BMX), Birdwatching (excursion more than ¼ mile from home/vehicle), Boardsailing/Windsurfing, Camping (within ¼ mile from home/vehicle), Camping (RV), Canoeing, Climbing (Sport/Boulder, Indoor, Traditional/Ice/Mountaineering), Fishing (Fly, Saltwater, Freshwater/Other), Hiking (Day), Hunting (Rifle, Shotgun, Handgun, Bow), Kayaking (White Water, Sea/Touring, Recreational), Rafting, Running/Jogging, Sailing, Scuba Diving, Skateboarding, Skiing (Cross-Country, Alpine/Downhill, Freestyle), Snorkeling, Snowboarding, Snowshoeing, Stand-Up Paddling, Surfing, Telemark (Downhill), Trail Running, Triathlon (Traditional/Road, Non-Traditional/Off-Road),Wakeboarding, and Wildlife Viewing (excursion more than ¼ mile from home/vehicle).

RACQUET SPORTS: Badminton, Cardio Tennis, Pickleball, Racquetball, Squash, Tennis, and Table Tennis.

TEAM SPORTS: Ultimate Frisbee, Gymnastics, Baseball, Basketball, Cheerleading, Ice Hockey, Field Hockey, Football (Flag, Tackle, Touch), Lacrosse, Paintball, Rugby, Soccer (Indoor, Outdoor), Softball (Fast-Pitch, Slow-Pitch), Track and Field, Volleyball (Court, Grass, Sand/Beach), Wrestling, Roller Hockey, and Swimming on a Team.

WATER SPORTS: Boardsailing/Windsurfing, Canoeing, Kayaking (White Water, Sea/Touring, Recreational), Jet Skiing, Rafting, Sailing, Scuba Diving, Snorkeling, Stand-Up Paddling, Surfing, Wakeboarding, and Water Skiing.

WINTER SPORTS: Skiing (Cross-Country, Alpine/Downhill, Freeski/Freestyle), Sledding/Saucer Riding/Snow Tubing, Snowboarding, Snowshoeing, Telemark (Downhill). [2018 PARTICIPATION REPORT The Physical Activity Council’s annual study tracking sports, fitness, and recreation participation in the US]

“The first 13 became states in July 1776 upon agreeing to the U.S. Declaration of Independence and each joined the first Union of states between 1777 and 1781, upon ratifying the Articles of Confederation, its first constitution.” [Jensen, Merrill (1959). The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774–1781, University of Wisconsin Press. pp. xi, 184]

Every Sovereign Nation State joining the Union had a Constitution. The newly created The United States of the Union had a Constitution as well.

The Constitution of the United States was written by delegates of the people at the conventions, sent from the group of nation states. When ratified by 2/3 of the people’s conventions of the then 13 Independent and Sovereign States, it was ordained and established as “The Constitution for the United States of America.<“”

This new Union of States was comprised only of those states which had ratified the Constitution.

“The government of the United States was “delegated” only 20 grants of power [See Constitution Art 1, Sec 8] and 10 things were carefully enumerated which the U.S. federal government may not do, [See Constitution Art 1, Sec 9], and 10 further restrictions were added in the first 10 amendments [See “Bill of Rights”] to the Constitution by the several states.

Therefore, the following proclamations follow:

  • We the people, in each United State, are ruled by 2 Governments: State and Federal
  • For each State Law, the U.S. Government does not have a similar Federal Law; and vice versa; therefore, there should be NO conflict between the 2
  • Each Law of either is established for a different function and objective
  • There are 20 entities which only the U.S. Government has exclusive authority over
  • And there are 10 entities which only State Governments have exclusive authority over
  • Together the 2 make one complete Government with different Sovereignties, a dualistic nature, for protection the United States of people.
  • “The same person may be at the same time a citizen of the United States and a citizen of a State, but the rights of citizenship under one of those governments will be different from those the citizen has under the other”
  • Citizens voluntarily submitted to our 2 Sovereignties form of Government, when our great country was founded,
  • and cannot legally object or rule otherwise.  [The Supreme Court, 92 US 551: 1875 U.S. v Cruikshank]  [PARENS PATRIAE…. GOVERNMENT AS PARENT https://www.scribd.com/document/239371565/Parens-Patriae-Government-as-Parent, US Constitution, Trust Law, 14th AmendmenT, SCRIBD]

Parens Patriae Doctrine:  http://www.cappaa.com/parens-patriae-doctrine

States courts handle specific legal matters, e.g., probate court (wills and estates); juvenile court; family court, child abuse and protection [Comparing Federal and State Courts, Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government.]

‘Inserting a square peg into a round hole is difficult’. In essence, attempted protection of Child Athletes and attempted prevention of Child Athlete Abuse by usurping states sovereignty and jurisdiction, and transferring State Duties to the Federal Safe Sport Act (SSA) and Federal Center for Safe Sport (CSS) is not realistic and probably not achievable, likely impossible and maybe unconstitutional.

What is the answer to this colossal CAAS problem.

  • Unification of jurisdiction, resources and methods, not division
  • Removal of hindering laws and attitudes
  • and bureaucratic, obstructive layers, who fancy themselves as ‘end-all’ jurisdictions
  • and continuing the Multidimensional Team approach to CAAS
  • and promulgating the proper approach
  • getting all entities behind and pushing the proper approach
  • and emphasizing a new ‘Standard of Child Athlete Care’

Thankfully for many advocates, legislators Child Athletes and the entire SRE community the process has begun. The law will probably be tested and hopefully reauthorized with improvements or deauthorized and replaced as necessary, when faults are discovered and tested in court.

In the end the re- or deauthorization might reflect how states sovereignty and jurisdiction for Child Protection and Abuse were intended in the first place in the beginning of our United States and the ‘Parens Patriae Doctrine’.

In our Republic, one nation under God with liberty and justice for all, our states have the assets and traditions to teach how to report ‘Child Athlete Abuse Syndrome’ and the know-how to investigate and prosecute a case.

With all due respects, it might take an Avant-garde, like the Safe Sport Act and Center for Safe Sport, 240 years to catch up to speed.

“It is the duty of the State to secure a social order….Access to prompt and quality justice is the key for realizing this vision.

“Denial of speedy justice is a travesty and inconsistent with demands of justice, equity, fair play and the abolishment of the menace, the denial of speedy justice. Today judiciary is the repository of public faith.”…. “It is the only temple worshipped by every citizen of this nation, regardless of the religion, caste, sex or place of birth.”  [Denial Of Speedy Justice: Its Social Impact Frederick Douglass, Speech, April 1886 US abolitionist (1817 – 1895)

The main Child Abuse responsibilities of the U.S. federal government are definitions, guidance and grant funding. States have the responsibilities to interpret and implement CAPTA 2010, Child Abuse Prevention and Treatment Reauthorization Act, 2010, Law 111-320.

The Supreme Court Of The United States Interprets the Criminal Statute Narrowly to Preserve Federal-State Balance, [Marq. U. L. Sch. Fac. Blog (June 3, 2014],

The Bond Court noted that because regulation of “local criminal activity” was “primarily” the responsibility of the states.

An area frequently cited as being within the traditional purview of the states is the enactment and enforcement of criminal law.

The court described Child Abuse as “quintessential local criminal activity” [41×41. Id. at 628.] and family relations as a “traditional area of state concern.” [42×42. Id. at 627 (quoting Moore v. Sims, 442 U.S. 415, 435 (1979)) (internal quotation mark omitted)]

There is good reason to think that concurrent state and federal criminal jurisdictions may be beneficial — in Toviave’s case and others.

Many scholars have lauded this “cooperative federalism” in which the federal and state governments “forge vibrant working relationships” [88×88. Heather K. Gerken, The Supreme Court, 2013 Term — Comment: Slipping theBonds of Federalism, 128 Harv. L. Rev. 85, 116 (2014)].  as they “govern shoulder-to-shoulder” [89×89. Id. at 114. in an “integrated regime.”90×90. Id. at 119].

In the context of criminal law, this cooperative regime means that even as federal criminal law expands, the “states retain a robust and vibrant role” in criminal prosecution because the federal government “depend[s] heavily on states to implement federal policy.” [91×91. Id. at 115]. [United States v. Toviave, Sixth Circuit Declines to Extend Federal Forced Labor Statute to Conduct Criminalized Under State Law, Based in Part on Federalism Concerns. Recent Case : 761 F.3d 623 (6th Cir. 2014) APR 10, 2015, 128,Harvard. Law. Review. 1884]  Please see: The following are court cases for consideration below.

Hopefully, the sovereignty and jurisdiction for all Child Athlete Protection and Abuse will come home to roost in the states, where it was intended and massively funded for many years by the U.S. federal government.

For now states, not the Federal Government, most likely have jurisdiction for suspected Child Athlete Sexual Abuse, when no links are found connected to Interstate and International Economic Commerce.

But for now, there is no wonder that a banned Coach’s “dispute’ with SafeSport is ongoing since 2016 and has not reached final resolution.”

“Child Abuse, including Child Athlete Abuse Syndrome (CAAS), and all other types, is a Multidimensional problem that requires Multiprograms, Multidiscipline and Multiagency Team (MD Team) approach for successful intervention. [U.S. Department of Justice 2001 Guide to Investigating Child Abuse]

Even if the suspected Child Athlete Sexual Misconduct, suspected in his 2016 case, had the broad brushed economic commerce connection, the National Governing Body that banned him from participation, was probably not adequately prepared to complete a Multidimensional Team Intervention.

Apparently there was no Multidimensional Team resolution of his case, which would have alleviated futile attempts at ‘pounding a square peg into a round hole’, and assured adequate preparation for pounding on the facts and law of the suspected case.

Affirmed, stout economic commerce connections and jurisdiction, in the 2018 SSA and CSS as they now stand, will not negate inadequate case reporting, investigation, prosecution and  preparation and the hindrance of due process.

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The following are court cases for consideration.

[United States v. Toviave, Sixth Circuit Declines to Extend Federal Forced Labor Statute to Conduct Criminalized Under State Law, Based in Part on Federalism Concerns. Recent Case : 761 F.3d 623 (6th Cir. 2014) APR 10, 2015, 128,Harvard. Law. Review. 1884]

In recent decades, the Supreme Court has increasingly relied on federalism principles when interpreting federal statutes   [see John F. Manning, Federalism and the Generality Problem in Constitutional Interpretation, 122 Harv. L. Rev. 2003, 2004–05 (2009). requiring a clear statement from Congress before it will interpret a federal statute to encroach on a traditional area of state power.[See Gregory v. Ashcroft, 501 U.S. 452, 460–61 (1991) (requiring a clear statement of legislative intent before interpreting a statute “to alter the usual constitutional balance between the States and the Federal government,” id. at 460 (quoting Will v. Mich. Dep’t of State Police, 491 U.S. 58, 65 (1989)) (internal quotation marks omitted)].

An area frequently cited as being within the traditional purview of the states is the enactment and enforcement of criminal law.

The court described Child Abuse as “quintessential local criminal activity”[41×41. Id. at 628.] and family relations as a “traditional area of state concern.”[42×42. Id. at 627 (quoting Moore v. Sims, 442 U.S. 415, 435 (1979)) (internal quotation mark omitted)].

Thus, if § 1589 reached Toviave’s conduct, the statute would have “[t]he harm” of “federaliz[ing]” traditional areas of state regulation [43×43. Id.] and thereby upset the “usual constitutional balance of federal and state powers.” [44×44. Id. at 628 (quoting Bond v. United States, 134 S. Ct. 2077, 2089 (2014)) (internal quotation marks omitted)].

The court concluded that for this reason it should avoid reading a criminal statute as making “traditionally local criminal conduct . . . a matter for federal enforcement” [45×45. Id. at 627 (omission in original) (quoting Jones v. United States, 529 U.S. 848, 858 (2000)) (internal quotation marks omitted)].  “unless Congress conveys [such a] purpose clearly.” [46×46. Id. (quoting Jones, 529 U.S. at 858)].

The court relied, in particular, on the Supreme Court’s recent decision in Bond v. United States, [47×47. 134 S. Ct. 2077]. which “reemphasized that [courts] should be cautious in inferring Congressional intent to criminalize activity traditionally regulated by the states.” [48×48. Toviave, 761 F.3d at 627].

Because § 1589 contained no sufficiently clear statement to abrogate this general canon of statutory interpretation, the Toviave court read the provision narrowly.

Thus, finding that the statute under which Toviave was convicted did not cover the coercion of mere household chores through physical violence, the court reversed his conviction.

The Sixth Circuit’s decision in Toviave was well grounded in Supreme Court precedent, most notably Bond, that counsels courts to narrowly interpret federal criminal statutes in order to avoid overlap with state criminal laws.

Yet this canon of statutory interpretation does not accurately reflect the actual federal-state divide, in which many federal statutes regulate local criminal activity within the states’ domain and substantially overlap with state criminal laws.

And as a matter of policy, the division of criminal regulation that the federalism canon safeguards not only contradicts that envisioned by the Founders but also represents an undesirable social vision.

In reading an implicit federalism limit into the text of the statute, the Toviave court unnecessarily shielded the state from a duplicative federal law that would not have harmed state sovereignty, and may in fact have augmented it.

The federalism canon relied upon by the Sixth Circuit counsels federal courts “to be certain of Congress’ intent before finding that federal law overrides” [50×50. Gregory v. Ashcroft, 501 U.S. 452, 460 (1991) (quoting Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 243 (1985)) (internal quotation mark omitted).]   “the usual constitutional balance of federal and state powers.” [51×51. Id.]

This canon was first applied in the specific context of federal criminal law in United States v. Bass, [52×52. 404 U.S. 336 (1971)].  in which the Court explained that because “Congress has traditionally been reluctant to define as a federal crime conduct readily denounced. . . by the States,” [53×53. Id. at 349]. courts should avoid interpreting statutes in a way that makes “traditionally local criminal conduct a matter for federal enforcement” [54×54. Id. at 350.]

The Bass Court principally relied on the rule of lenity in deciding how to interpret the statute at issue, [see id. at 347–49], but mentioned the federalism principle in further support of its interpretation, [see id. at 349–50.  “unless Congress conveys [this] purpose clearly.” [55×55. Id. at 349].

The Supreme Court employed this federalism canon in a few subsequent cases [56×56. See, e.g., Jones v. United States, 529 U.S. 848, 858 (2000)]. and recently doubled down on these principles in Bond. [57×57 Bond v. United States, 134 S. Ct. 2077, 2089 (2014)],  some argue that the Court applied the canon more aggressively in Bond than it previously had, [see Michael M. O’Hear, Bond v. United States: SCOTUS Interprets Criminal Statute Narrowly to Preserve Federal-State Balance, Marq. U. L. Sch. Fac. Blog (June 3, 2014],

The Bond Court noted that because regulation of “local criminal activity” was “primarily” the responsibility of the states, the Court would “decline to read federal law as intruding on that responsibility, unless Congress . . . clearly indicated” that it intended for the law to have such a reach.

The federalism canon may be based on an empirical belief that Congress doesn’t intend to regulate in certain areas of traditional state law without a clear statement, but this belief is belied by a casual perusal of the U.S.

A recent study estimates that the Code enumerates at least 4,450 individual federal  The same study also found that the growth of federal crimes has continued unabated for several decades, increasing by 500 crimes per decade, on average. [61×61. Id.]

Further, these federal criminal laws frequently overlap with the common law crimes, typically thought of as local crimes, that are criminalized at the state level: murder, rape, robbery, burglary, and theft.

The federalization of criminal law has not gone unnoticed — rather, it is the subject of frequent comment and Rather than resulting in harm, there is good reason to think that concurrent state and federal criminal jurisdictions may be beneficial — in Toviave’s case and others.

Many scholars, perhaps most prominently Professor Heather Gerken, have lauded this “cooperative federalism” in which the federal and state governments “forge[] vibrant working relationships” [88×88. Heather K. Gerken, The Supreme Court, 2013 Term — Comment: Slipping theBonds of Federalism, 128 Harv. L. Rev. 85, 116 (2014)].  as they “govern shoulder-to-shoulder” [89×89. Id. at 114. in an “integrated regime.”90×90. Id. at 119].

In the context of criminal law, this cooperative regime means that even as federal criminal law expands, the “states retain a robust and vibrant role” in criminal prosecution because the federal government “depend[s] heavily on states to implement federal policy.” [91×91. Id. at 115].

By reading an implicit federalism limit into the TVPA, the Toviave court employed a canon of interpretation that does not accurately reflect reality and that may impede the benefits that flow from state and federal cooperation without furthering the values of federalism.

[United States v. Toviave, Sixth Circuit Declines to Extend Federal Forced Labor Statute to Conduct Criminalized Under State Law, Based in Part on Federalism Concerns. Recent Case : 761 F.3d 623 (6th Cir. 2014) APR 10, 2015, 128,Harvard. Law. Review. 1884]

Please read additional updates that follow.

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This post appears on this regularly updated website page. Reading all this subjects’ updates will enhance understading.

Are you confused? The Safe Sport Act (SSA) and Center For Safe Sport (CSS) summary:

  • I applaud Nancy Hogshead-Makar and advocates for their passion, determination, and dedication, because of their life experience and history and Senator Feinstein for her efforts-for and the introduction of S.534 Bill and passage.
  • Advocates often have differing life experiences, histories and opinions concerning amendments of old Bills and Laws and drafting of new Bills and Laws. See previous posts below. 
  • To begin, the term Youth is sometimes confused with Child / Children. They are defined differently. Please see [Child and Youth Definitions: http://www.cappaa.com/child-and-youth-definitions ]
  • Advocates pushed for an independent entity,
  • which was named, The Safe Sport Act and Center For Safe Sport,
  • and advocates pushed for a statute that would protect Athletes from Sexual Abuse.
  • In February, 2018 the President signed into law, new protections for Athletes participating in Club and Olympic sports aimed at protecting Youth Olympian Athletes from sexual abuse.
  • and aimed at the USAG, USAOC, USAPOC, and other National Governing Bodies after failures of USA Gymnastics and USA Olympic Committee to protect Athletes and report Sexual Abuse.
  • Estimates:  In 2017 about 44.28 million (60%) children played 1 school or non-school sport 
  • Under the new SSA and CSS Law, 8 million Olympian, Paralympian and other NGB Youth/Children are now protected
  • This excludes the group of Athletes for whom I advocate because of my life experience and history,  about 36.28 million U.S. Children who are not covered by the new SSA and CSS Law jurisdiction and protection
  • All Amateur Sports Organizations, not just USAG, USAOC, USAPOC, and other National Governing Bodies, but ALL in U.S., who have information about suspected victims of Child/Youth Athlete Sexual Abuse, must report Sexual Abuse Allegations
  • to law enforcement within 24 hours, a federal law amendment.
  • The Safe Sport Act expands the list of individuals required to report child sexual abuse. The Safe Sport Act expands the list of individuals required to report child sexual abuse by modifying Section 226 of the Victims of Sexual Abuse Act of 1990 (34 U.S.C. 20341). Safe Sport Act §220530(a)(2)(A).
  • Requirement for ‘Prevention Training’ a very significant feature of the Safe Sport Act. “Prevention Training – Required for All.  For Amateur Sports Organizations not-governed by an NGB, the requirement for prevention training is found in §220530: §220530.
  • SSA allows civil suits by minors, victims of sex abuse, against perpetrators to be brought by clarifying that once a victim has established harm and damage occurred, the court will compensate the victim with a mandatory minimum of $150,000,.
  • Additionally, the Safe Sports Act extends the statute of limitation for the Sexual Abuse crime. The countdown now does not start until the victim recognizes that they’ve been abused. That’s key, because too many victims have discovered, abuse isn’t always realized immediately. Statutes of limitation depend on the state. [State Civil Statutes of Limitations in Child Sexual Abuse Cases, NCSL 5/30/2017]
  • Because the approximate 36.28 million Child Athletes are Not covered by the SSA and CSS, like all other Children, All Child Physical and Psychological (Emotional) Endangerment/Maltreatment, Sexual Abuse, Neglect and Child Civil Rights violations,
  • because State Governments continue to have jurisdiction, not the Federal Government,
  • shall continue to be Reported to (1.) the County Attorney, chief law enforcement officer in each state county or other local Law Enforcement / Police,
  • and (2.) Report, at same time, to Child Protective Service (CPS).
  • Both will begin the Multidisciplinary Team Intervention 
  • and will refer and assure the victim a Doctor Examination.
  • see more details below

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Previous Posts =

S.534 SAFE SPORT ACT LEGISLATIVE PROBLEMS?

The Safe Sport Act (SSA) and Center for Safe Sport (CSS), a National Governing Body (NGB) is the beginning of a solution to a colossal problem.

Many of us advocates appreciate the start, (its only just begun), but Senate Bill 534 surprisingly derived from, what appears to be, questionable, contestable legislation.

Experts ask, are there legislative problems that need to be challenged and changed?

The following statistics and article excerpt provide an overview of the SSA and CSS and place them in perspective

Definition of  ‘child’ “means a person who is younger than age 18 or who is not an emancipated minor.”

“While Federal legislation sets minimum standards (definitions and guidance) for States that accept CAPTA funding, each State provides its own definitions of maltreatment within civil and criminal statutes.”

States have jurisdiction. “civil and criminal statutes”, over Child Abuse and Neglect.

[Definitions of Child Abuse and Neglect in Federal Law. Federal legislation provides guidance to States by identifying a minimum set of acts or behaviors that define Child Abuse and Neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), as amended by the CAPTA Reauthorization Act of 2010]

YOUTH: “UNESCO (United Nations Education, Science, Culture and Communication) uses the United Nations’ universal definition. The UN, for statistical consistency across regions, defines ‘YOUTH’, as those persons between the ages of 15 and 24 years, without prejudice to other definitions by Member States.”

“Youth” is best understood as a period of transition from the dependence of childhood to adulthood’s independence and awareness of our interdependence as members of a community. Youth is a more fluid category than a fixed age-group.”

“However, age is the easiest way to define this group, particularly in relation to education and employment. Therefore “youth” is often indicated as a person between the age where he/she may leave compulsory education, and the age at which he/she finds his/her first employment.”  [Child and Youth Definitions  http://www.cappaa.com/child-and-youth-definitions  ]

U.S. CHILD POPULATION: NUMBER OF CHILDREN (IN MILLIONS) AGES 0–17 (<18 yo, minor Child) IN THE UNITED STATES BY AGE, 1950–2016 AND PROJECTED 2017–2050 U.S.Census

Actual Population Children 2016  (0-17 Minor Child <18 years)    73.6 million

Projected Population 2017  (0-17 Minors <18 years)    73.8 million  [U.S. Census Bureau, Child Stats.gov, Child and Family Statistics]

Approximately 44.28 million (60%) children played one school or non-school sport in 2017

There were 75,200,000 U.S. Children <18 YO in 2010. [46.] this age group declined in 2017.
~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.   [47. Marianne Engle, Ph.D., sports psychologist and Clinical Assistant Professor at the NYU Child Study Center, interview, 2010]

69% girls, 75 % boys U.S. participate in organized team Sports [5.]

Congratulations to The dedicated ‘crusader’, Nancy Hogshead-Makar, attorney, Olympic swimmer, and CEO and founder of advocacy organization Champion Women. who said, “Abuse is in every single sport, but we now have protection for 8 million children.”

“Under the new SSA Law, all youth sports organizations must report sexual abuse allegations to law enforcement within 24 hours, rather than leaving it up to the organizations to handle cases internally.” This reporting law affects all ‘youth sports’.

“Hogshead-Makar left the WSF in 2014 to continue to push for an independent entity for Safe Sport, as well as a statute that would protect athletes from sexual abuse.”

In February, 2018 the President signed into law, “after Congress instituted new protections for athletes participating in club and Olympic sports.” [The Crusader Protecting Kid Athletes From Sexual Abuse, by Amada Loudin, Outside Magazine, April 2018]

The recently passed law, Safe Sport Act, is The Safe Sport Act (SSA, S.534 Law) is “aimed at protecting Child and Youth Olympian Athletes from sexual abuse.” ….and aimed at the USAG, USAOC, USAPOC, National Governing Bodies after failures of USA Gymnastics and USA Olympic Committee.” [How The Safe Sport Act Could Stop The Next Larry Nassar By Jessicah Lahitou April 2018, Bustle]

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Please review: “Responsibilities of the Legislative Drafter, Office of Legislative Counsel, United States Senate” and “House Office of Legislative Counsel Guide to Legislative Drafting”

“According to the 2010 supplement, the official Constitution with Annotations, there were 165 congressional acts that the Supreme Court have found unconstitutional since 1803.

“In recent years, two rejections of a congressional act took less than one year, and a few took just over a year. But in most cases, it takes some time for a case to make its way to the highest court in the land.

“Another act was rejected in 17 months’ time. It was in June 1997 that the Supreme Court ruled against sections of the Communications Decency Act, which was passed in February 1996.

Also, in December 2003, the Supreme Court overturned several sections of the McCain-Feingold Act from March 2002.”  [What happens when Congress passes an unconstitutional law? January 28, 2013 by Scott Bomboy, Constitution Daily]

One eager advocate declared, ‘We won, we won”, but will the Safe Sport Act (SSA), instead, offer many problems for All Child (<18) / Youth (15-24 defined by UN) Athletes, Child Athlete Abuse Syndrome (CAAS), rather than special solutions as advertised and did our Child Athletes lose?

Will Safe Sport Act Inequality, Overbreadth, Vagueness, Interpretations, and difficult Special Circumstances, regarding Child Athlete Abuse Syndrome (CAAS), take years of court cases to answer and ‘iron out’, while Child Athletes are at risk for additional harm and injury?

“Lawyers’ most serious legislative drafting shortcomings are ‘linguistic sins’.  Most serious shortcomings are clarity, verbosity, obscurity, pretentiousness, density, incoherence, having been written by lawyers in lawyerese, who are not automatically competent draftsmen.”  [Drafting Legislation and Rules in Plain English by Robert J. Martineau, Review by: Pierce Lively, senior judge, US Court of Appeals for 6th Circuit, Administrative Law Review, Vol. 44, No. 4 (FALL 1992), pp. 767-769 Published by: American Bar Association]

“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]

How many Children will sustain damage while SSA law is litigated, adjudicated, arbitrated, explained and/or experimented-on?

Risk management and quality assurance experts seem to have a better grip on these kinds or problems. Risks cost their clients money. Legislators aren’t penalized for legislative mistakes. Legislative attorneys often do the drafting of new laws.

“Legislative attorneys may have different roles and requirements and must draft within the scope of their role, jurisdictional requirements and constitutionality of the proposed legislation.” Please see:  [A Beginner’s Guide to Legislative Drafting by Deborah Beth Medows, Senior Attorney, Division of Legal Affairs, New York State Department of Health, Oct 24, 2016, Harvard Journal on Legislation Volume 55, Number 1]

For the Record there is a “Significant Lack of Attorney Standards of Practice and Guidelines in Child Protection Proceedings [NATIONAL ASSOCIATION of COUNSEL for CHILDREN / NACC and AMERICAN BAR ASSOCIATION / ABA]

  • BE IT RESOLVED, that the American Bar Association encourages individual attorneys and state and local bar organizations to work more actively to improve the handling of cases involving abused and neglected children as well as children in foster care. Specifically, attorneys should form appropriate committees and groups within the bar to … work to assure quality legal representation for children.”
  • NATIONAL ASSOCIATION OF COUNSEL FOR CHILDREN (NACC) Recommendations for Representation of Children in Abuse and Neglect Cases EXECUTIVE SUMMARY “The lack of standards of practice or guidelines for attorneys representing children in child protection proceedings has frequently been cited as a major cause of substandard and ineffective legal representation of children. [Bar Association and Attorney Action, August 1981]

The first major SSA inadequacy is that SSA mixes the terms Child and Youth sometimes. There is an important difference. The strict definition of Child aligns a new law with existing laws. Precise language is important in legislation. Please note the difference in Child and Youth definitions.

The second major SSA inadequacy is that all Child Athlete Abuse Syndrome types are not defined and, third, it appears that each type is not given equal standing with the Sexual Abuse type; types appear unequally important, suggesting bias.

For the record, the Child Athlete Abuse Syndrome (CAAS) forensic definition will be found at reference link:  http://www.cappaa.com/child-athlete-abuse-syndrome-forensic-definition-4

For the record, No reference in this SSA / S.534 research has been made by any so called Child Abuse ‘expert’ to the forensic definition of CAAS or any other definition of Child Abuse or reference to any ‘experts’ training, certification in Child Abuse or Prevent Child Abuse America, (PCAAmerica}.

In addition, National Governing Body Handbooks do not offer new directives and are dissimilar. Compare U.S. Child Amateur Athlete Abuse, Safety, Reporting, Investigations differences, inconsistencies, incongruities, ambiguities in the Safe Sport Act and Sports’ Handbooks’ for All

  1. Current 57 U.S. Olympic, ParaOlympic Athletes and other Sports and National Governing Body (NGB) Athletes, who participate in interstate and international commerce, the link for these Athletes and NGBs to Federal jurisdiction,
  2. and all other U.S. non-Olympic Sports and Athletes, who do not participate in interstate and international commerce.

All (both 1. and 2. above) U.S. Child Amateur Athlete are entitled to Equal Protection Under The Law and ‘Excellence in:  1. Legislation 2. Litigation 3. new congruous, consistent Policies and Procedures Handbooks 4. One crystal clear ‘Standard of Care’ by the U.S. Department of Justice, no matter gender, sport activity, other ICD-10 ‘modifiers’

All (1. + 2.) U.S. Child Amateur Athlete New ‘Standard of Care’ is only inferred by the SSA, when (2.) is included, when imagined, extrapolated and impossible to include in SSA.

“Safe Sport Act is a new regime”….(possibly from different unfairness and biases than USAOC)…. Specifically ”Aimed at protecting athletes from sexual abuse”….and aimed at the USAG, USAOC, USAPOC, National Governing Bodies after failures of USA Gymnastics and USA Olympic Committee”, not explicitly including (2.)

The SSA is indirectly Inferred and meant to have broad coverage for the many youth sports organizations, that do not participate in interstate and international commerce and travel (2.), as Olympians and NGDs are required and do participate (1.). These are important commerce connections for NGBs jurisdiction privileges.

For inclusion of the non-Olympian Athletes, who do not participate in interstate and international commerce and travel (2,), the same NGB’s jurisdiction is inferred and said not to be required, but with a disclaimer “until state laws are individually enacted.” In reality, the disclaimer means the Inter-commerce is required until states decide to enact laws allowing SSA and Center for Safe Sport to have jurisdiction, when states relinquish their jurisdiction, which is unlikely. In the meantime, it is incorrect, possibly unconstitutional, to instruct otherwise.

The new SSA and Center for SS are not necessary for all Child Abuse types (CAAS) law. In the SSA, all Child Abuse types (CAAS) (1. + 2.) remain the same crimes, as described and defined in CAPTA 2010 Law, still the Rule of Law since 1972.

A mystery was that No knowledge-of or reference-to CAPTA 2010 was apparent by Legislative Drafters, SSA commentators and advocates, other than this Journalist-advocate.

The SSA describes the crime, Failure to Report within 24 hours to local police, although no specific police are named. “Local” might not be clear to many potential Reporters. There are many kinds of police, both state and federal.

Because federal jurisdiction for rape generally is limited to those committed on Indian Tribal or federal territory, federal prison, only a few rape cases are prosecuted in the federal courts and investigated by the FBI.  [REPORT TO CONGRESS: ANALYSIS OF PENALTIES FOR FEDERAL RAPE CASES Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, §40112, 108 Stat. 1796, 1903 (1994)]

Inadequate Child Athlete Abuse Prevention Training is also now a crime according to SSA.

SSA ‘How to Report’ is not explicit. SSA is repeatedly vague and unclear, but the U.S. Department of Justice ‘How to Report’ is ‘Crystal Clear’.

When in doubt of SSA vague directions, Child Abuse and CAAS should be reported as the U.S. Department of Justice describes explicitly or how this Journalist was trained in C.A.R.E. which is essentially the same as USDJ, [C.A.R.E. see curriculum vitae] :

  • to County Attorney, chief law enforcement officer in each state’s county who will refer and assure the victim a Doctor Examination [ how this Journalist was trained, C.A.R.E. see curriculum vitae]
  • Child Athlete Abuse (diagnostic code, ICD-10 =T74.for all types) is a Forensic Medical Domain
  • Civil suits, statute of limitations, criminal cases are nothing without Forensic Medical Facts  and Evidence. How will SSA preserve Medical facts/evidence?
  • + at same time report to Child Protective Service (CPS)
  • Both, the County Attorney and CPS collaborate to begin the time-honored method, the Multidisciplinary Team investigation, see S. Department of Justice Handbook below
  1. Bill 534, Safe Sport Act “took extraordinary steps”. In order to modify the laws for Reporting Child Sexual Abuse, “SSA modified an existing piece of legislation: Section 226 of the Victims of Child Abuse Act of 1990 (34 USC 20341: Child Abuse Reporting).”

“Another extraordinary step during SSA legislation was the amendment of the Ted Stevens Olympic and Amateur Sports Act (36 USC 2205:United States Olympic Committee) section with the legislative intent to authorize a new Organization, the US Center for Safe Sport, to address the risks of Child Olympian Sexual Abuse in youth sport and administrate all operations.”

Please see this reference: [Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 -Impact of new ‘Safe Sport Act’ will impact all of youth sport – directly or indirectly -Preventative legislation, rather than reactive.]

The Center for Safe Sport operated in its beginning as a non-profit entity to address sexual misconduct and abuse within National Governing Bodies recognized by the USOC.

“The United States Center for Safe Sport was initially S. Bill 1426, United States Center for Safe Sport Authorization Act of 2017 and was to amend the Ted Stevens Olympic Amateur Sports Act.

S.1426 by itself did not pass on its own at the time and was incorporated into other bills and the S. Bill 534, as part of SSA which passed Feb 2018.

Basically S.534 Safe Sport Act created the Center for Safe Sport, a NGB, with jurisdiction over all entities related to USAOC, USAPOC and other federal sports entities (1.), with hopes for a different administrative result than the Ted Stevens Olympic and Amateur Sports Act (36 USC 2205: United States Olympic Committee 1998 revised from 1978 Amateur sports Act.).

Swapping one ineffective Act for another similar potentially problematic Act that “will take many years of court cases to answer its legal questions” with a different group of directors, hoping for a different result is called insanity (sic) In the mental health community. The SSA present anomalies are testimonial.

According to the U.S Justice Dept., Child Sexual Abuse and all other Child Abuse matters are best handled by local and state authorities, and not by the federal government.

Filtering unlawful Child Abuse behavior through another bureaucratic, potentially prejudiced, obstructive layer, the SSA and Center for Safe Sports 2018, when both lack State Sovereignty for Child Abuse, standing between Child Abuse victims and sovereign state laws and the possible exacerbation of additional damage to victims of Child Abuse during endless proceeding is incomprehensible and itself abusive.

U.S. Department of Justice: Child Sexual Abuse Position Statements are very clear, unlike SSA:

  • “Child sexual abuse matters are generally handled by local and state authorities, and not by the federal government.”
  • “To report a child sexual abuse issue, contact your local or state law enforcement agency.” [U.S. Department of Justice Handbook]

“In letters to the new U.S. Center for SafeSport’s CEO questioned the center’s independence from the U.S. Olympic Committee, which created the center and provided seed money for its Feb. 28, 2017 launch.”

“The letters critical of the center were written by the CEO of Child USA, a research and advocacy group based at the University of Pennsylvania, and an advocate, who now heads Champion Women, an organization that advocates for women in sport.

“Chairman of the USOC’s Athlete Advisory Council, speaking only on his behalf, said his biggest concern is “how do we ensure the center’s credibility and independence?”

“In their latest letter written by the CEO of Child USA and the advocate noted, “as experienced lawyers and ‘experts in the field of child abuse’ we have shared with you legitimate concerns,” ….”which are due in part to unclear language as well as honest disagreement on best practices.”  [‘SafeSport Center: Is it the answer to athlete sex abuse?’ Tim Evans,Marisa Kwiatkowski and Mark Alesia, IndyStarPublished March 8, 2017]

The SSA and Center for SS language appears unclear, vague and ambiguous as noted above.

The Safe Sport Act is not easy to read and not readily understood. It is confusing. “Reading legislation, like the Safe Sport Act, can be confusing, because this legislation does not ‘read like a book’. Instead, it is akin to reading modifications and edits to other, preexisting books.”

“Understanding the Safe Sport Act requires an understanding of existing law.” This is particularly true regarding the changes in reporting requirements. [Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step,Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 -Impact of new ‘Safe Sport Act’ will impact all of youth sport – directly or indirectly -Preventative legislation, rather than reactive.]

Reading the SSA And Center for SS legislation are not like “a good sentence, or a good piece of music that everybody can recognize and say, ‘It works. It makes sense.’” [A Beginner’s Guide to Legislative Drafting by Deborah Beth Medows, Senior Attorney, Division of Legal Affairs, New York State Department of Health, Oct 24, 2016, Harvard Journal on Legislation Volume 55, Number 1]

Reading SSA and Center for SS language frequently requires translation, interpretation and assumption of dangling words, not clearly stated and lacking definition

“Void for Vagueness Doctrine” is a declaration that a law is invalid because it is not sufficiently clear, if the law does not specify what is required or what conduct is punishable and if a legislature’s delegation of authority {jurisdiction} is so extensive that it would lead to arbitrary prosecutions.” [Legal Information Institute, Cornell Law School]

“The “Overbreadth Doctrine” is related to the vagueness doctrine.  Under the Overbreadth Doctrine, a law is unconstitutional or void for being too broad if it covers activities that are protected by the federal Bill of Rights or the rights listed in State Constitutions” {like state sovereignty.} [What does it mean when a law is “void for vagueness” or “overbroad”? Rottenstein Law Group, LLP]

“When a state statute is challenged in federal court as unconstitutionally overbroad or vague, the Supreme Court has noted that it is a “cardinal principle” of statutory interpretation that a federal court must accept any plausible interpretation such that a state statute need not be invalidated.”

“There is uncontroversial premise, when a federal court can use a narrow ruling to fully protect individual rights without imposing on legitimate state activity (state sovereignty), it is better to do so than to needlessly impinge on state sovereignty. Indeed, as judges are sworn to uphold the Constitution, it would be fair to say that federal judges are in fact obligated, where possible, to preserve both state and individual rights.” [Mark L. Rienzi & Stuart Buck, Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitution Challenges to Uninterpreted State Statutes, 2002 Utah L. Rev. 381.]

“Child Protection, Welfare and Abuse are Constitutional Reserved Powers. Reserved Powers are specifically state powers and traditionally require state implementations and interventions.”

“Other State Reserved Constitutional Powers are fire and police protection, health regulations, licensing and education.”  [3 Constitutional powers are Reserved, Granted and Concurrent described, USConstitution.net]

“The United States Constitution specifically grants certain powers or authority to the federal government.

“In an effort to prevent the newly formed government from stepping outside its authority, or abusing its powers, an amendment to the Constitution was made specifying that all powers not specifically granted to Congress or the President are reserved for the states, or the people, alone.”

“The concept of reserved powers is rooted in the fact that people are closer to, and feel a loyalty to, their state governments.

“The 10th Amendment to the Constitution helped clarify how much the imprecise federal government held over the people, and which powers would be governed by the people’s home states.

“Any powers not specifically given, or ‘enumerated’ to the federal government, are within the authority of the individual states.

“The 10th Amendment, to the Constitution is closely related to a provision found in the Articles of Confederation:  “Each state retains its sovereignty, freedom, and independence, and every power,  jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.” [Legal Dictionary]

“The basis for government’s intervention in Child Maltreatment is grounded in the concept of ‘Parens Patriae Doctrine’, a legal term that asserts that government has a role in protecting the interests of Children and in intervening when parents fail to provide proper care.

“It has long been recognized that parents have a fundamental liberty, protected federally, by the Constitution, to raise their children as they choose, but includes restrictions when they fail to care for their children properly.

“The legal Federal framework regarding the parent-child relationship balances the State tripartite rights and responsibilities among the 3 parties, the parents, child, and State, as guided by Federal statutes.

“This parent-child relationship identifies certain rights, duties, and obligations, including the responsibility of the parents to protect the child’s safety and well-being.

“If parents, however, are unable or unwilling to meet this responsibility, the State has the power and authority to take action to protect the child from harm, when parents are unable or unwilling to do so.  [Legal Dictionary]

The constitutionality of the Safe Sport Act and the Center for Safe Sport and the impact of the economic Commerce Clause on the SSA and CSS will most probably be challenged in the court of law as “years of court cases proceed to further answer these questions.”

“Child Abuse, including Child Athlete Abuse Syndrome (CAAS), anther type, is a Multidimensional problem that requires Multiprograms, Multidiscipline and Multiagency Team (MD Team) approach for successful intervention. [U.S. Department of Justice 2001 Guide to Investigating Child Abuse]

This means that all professionals involved, in law enforcement, child protective services, mental health, medicine, and the law, and the numerous others, communicate and coordinate with one another. The MD Team is variably expansive, with components that move in and out of the team as necessary.

A child’s best interest is served because the MD Team of various professionals, who are involved, understand their respective roles, possess knowledge of their State statutes and local guidelines, which differ in states, and have adequate training in their respective fields.

The new SSA most probably will not have the same MD Team capabilities and SSA most probably will have a negative impact on the entire Multidisciplinary Team Approach to ALL Child Abuse Intervention, not just Olympian Child Abuse.

“Sensitive and consistent application of policies and procedures established in written protocols is essential for an effective alliance to combat child maltreatment.”  [U.S. Department of Justice 2001 Guide to Investigating Child Abuse]

Bolstering already existing sovereign state laws, not federal laws, emphasizing the corrections of existing Child Abuse problems, publicizing abnormal conditions, promoting safety, establishing public policy, with federal and state support and funding, should be the order of the day.

It appears that many different eager hands were involved in SSA S.5364 legislation composition, which interrupted continuity and added lack of clarity, ambiguity and vagueness.

The current Safe Sport Act and Center for Safe Sport stage of perplexity and uncertainty, herein described by experts, published in this article, could have been minimized with an ‘ounce of’’ sovereign state administration, prevention, intervention and continued jurisdiction, as it should be, compared to the Safe Sport Act and Center for Safe Sport and economic ‘Commerce Clause’ ‘pound of cure’, if Child Abuse solutions had advanced according to the Bill of Rights, U.S. Constitution and CAPTA 2010 and the U.S. Department of Justice.

We journalist and Athlete Safety 1st advocates appreciate the renewed attention and contemplations by lawmakers and others to the heinous Child Athlete Abuse Syndrome devastation and are distraught by recent Olympian Sexual Abuse tragedies, but we respect and must value and honor the Rule of Law and precise, pains taking, lawful additions to the Rule of Law.

Advocates and victims for each and every type of Child Abuse and the U.S. Department of Justice and many others deserve input, now and during Safe Sport Act and Center for Safe Sport Law review and renewal cycle period, to avoid continuation of questions, mistakes, bias and discrimination in the legislation and confused will to enforce the law.

“As part of its oversight function, Congress can pass authorizing legislation that establishes, continues (a reauthorization), or abolishes (a de-authorization) programs, agencies and federal statutes.The reauthorization process, which typically occurs on an annual or multiyear cycle, can be an important oversight tool. Significant issues are often raised during the authorization or reauthorization process.” [Does the FCC Need to be Reauthorized? March 20, 2015, Benton]

However, “Congress can reauthorize when it wants to.” [Congressional Institute, Sausage Factory, Fixing the Authorization Process, by Mark Strand, Tim Lang, Oct 19. 2017]

What is done, is done, but our United States Congress can right the ship with.

_________________________________________________________________________________

Previous posts –

Will Safe Sport Act offer Equal or Unequal Protection for All Children (<18) / Youth (15-24 UN) Athletes? That is the question?

First, the SSA does not recognize the difference in Child and Youth definitions.

SSA TITLE II–UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION Sec. 204. General requirements for youth-serving amateur sports organizations.

SEC. 204. GENERAL REQUIREMENTS FOR YOUTH-SERVING AMATEUR SPORTS ORGANIZATIONS.

Senator Feinstein Safe Sport Act Press Conference Jan 31, 2018 appeared to reveal Unequal intentions with No men and Not all Sports represented at conference.

Readers should survey the current 57 US Olympic Sports’ Handbooks and all the other governed and not-governed U.S. Child Athlete Handbooks and their Organization Handbooks and note all the Handbooks’ differences, unequal Promotions of all U.S. Child Amateur Athlete Safety and unequal U.S. amateur Child Athlete Protections and treatments. The Handbook reads are ‘all over the place’, incongruous.

(1706-1777), Sauvages, 1st diseases classification Nosologia methodica. Now 10h Revision ICD-10 (International Classification of Disease) effect Oct 1, 2015

Forensic Medical Diagnoses are in ICD-10 medical language (International Classification of Disease). See Definition: Child Athlete Abuse Syndrome

“Battered-Child Syndrome” report, Journal of American Medical Association 1962, first report describing Child Abuse in U.S, a medical matter 1st

“The Battered-Child Syndrome” (JAMA) evolved into Child Protection Laws, legislative and legal matter 2nd

The Child Abuse Prevention and Treatment Act (CAPTA) was the 1st key legislation, 1974 (P.L. 93-247 Reauthorization Act of 2010 (P.L. 111-320).

Research: Inadequate Legal Representation for Child Abuse, Neglect, Custody.

Child Sexual Abuse (all types) should be reported

  • to County Attorney, chief law enforcement officer in each state county who will refer and assure the victim a Doctor Examination
  • at same time report to Child Protective Service (CPS)
  • who collaborate and begin Multidisciplinary Team investigation.

U.S. Department of Justice: Child Sexual Abuse

  • “Child sexual abuse matters are generally handled by local and state authorities, and not by the federal government.”
  • “To report a child sexual abuse issue, contact your local or state law enforcement “

Department of Justice should publish a new Handbook for suspected Child Athlete Abuse Syndrome Intervention, Promotion of Child Athlete Safety 1st and Prevention of Child Athlete Abuse.

DOJ should prepare and distribute, or at least have readily available, the Handbook to All U.S. Child / Youth Amateur Athletes, and All Child and Youth Amateur Sports Organizations, governed and not-governed by an Safe Sport Act National Governing Body  (NGB).

Like the current Handbook viewed below, a new Handbook for these specific purposes, most probably would initiate and make crystal clear a ‘New Standard of Care’ for all Child Athletes.

All Amateur Child Athletes deserve excellence in Child Protection Legal Cases and deserve excellence in Child Athlete Abuse and Protection Legislation.

U.S. Department of Justice 2001  Guide to Investigating Child Abuse

______________________________________________________________________________

Will the Safe Sport Act offer Equal or Unequal Protection for ALL Amateur school and non-school Child Athletes and ALL USA Olympic Committee (USOC) governed and non-governed Child Athletes? “That is the question”, asks this advocate reporter in this Athlete Safe Sport 1st report, from this Athlete Safety 1st website.

“On Wednesday, February 14, 2018, the President signed S. 534 into Law, the “Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017.” {The White House News]

This Athlete Safe Sport 1st website URL link for complete review – http://www.cappaa.com/athlete-safe-sport-1st

“The USOC is governed by a 16-member board of directors and a professional staff headed by a CEO. The USOC also has 3 constituent councils to serve as sources of opinion and advice to the board and USOC staff, including the Athletes’ Advisory Council, National Governing Bodies Council and Multi-Sport Organizations Council. [Scott Blackmun (CEO): Executive Profile & Biography – Businessweek]  [About the USOC | United States Olympic Committee]

‘Child Athlete Abuse Syndrome’ is a Forensic Medical condition, when Children <18 are neglected, endangered, harmed, injured, diseased, fatally traumatized, caused or allow to be caused morbidity and/or mortality by their permanent or temporary substitute caregiver, who is supposed to be in charge of their care and control.

“Protecting Young Victims from Sexual Abuse and Safe Sport” are Medical Domains. Much the less, the medical terminology part of Forensic Medicine is scarce in the Safe Sport Authorization Act.

The number of medical doctors contributing to S.534 legislation is difficult to ascertain. Many Congress people are attorneys.

For the Record there is a “Significant Lack of Attorney Standards of Practice and Guidelines in Child Protection Proceedings [NATIONAL ASSOCIATION of COUNSEL for CHILDREN / NACC and AMERICAN BAR ASSOCIATION / ABA]

  • BE IT RESOLVED, that the American Bar Association encourages individual attorneys and state and local bar organizations to work more actively to improve the handling of cases involving abused and neglected children as well as children in foster care. Specifically, attorneys should form appropriate committees and groups within the bar to … work to assure quality legal representation for children.”
  • NATIONAL ASSOCIATION OF COUNSEL FOR CHILDREN (NACC) Recommendations for Representation of Children in Abuse and Neglect Cases EXECUTIVE SUMMARY “The lack of standards of practice or guidelines for attorneys representing children in child protection proceedings has frequently been cited as a major cause of substandard and ineffective legal representation of children. [Bar Association and Attorney Action, August 1981]

“An urgent need exists for federal action to ensure that laws in our states pertaining to child abuse and neglect, whether physical or sexual, whether family member or stranger, are strengthened to protect children. By aggressively intervening on a timely basis on behalf of the child, and by ensuring that the legal rights of the child are observed in any subsequent judicial proceeding, our government can stop both the actual and systemic abuse of the child.” [The System Is Failing Children, Randy Burton, Founder, Justice for Children]

The URCANCPA (Uniform Representation of Child Abuse, Neglect and Custody Proceedings Act) drafted an act to protect Children, because Children’s’ best interests and legal representation for Child Abuse, Neglect and Custody have been been inadequately represented. [Uniform Law Commission 2017-2018] There have been improvements in legal representation for Children, but improvements are not yet sufficient.

“Excellence in child protection cases is no mystery. Every one of these reforms is practical. Abused and neglected children deserve all of them and more.” [Court Improvement For Chile Abuse and Neglect Litigation: what Next?, by Mark Hardin,  Director, National Child Welfare Resource Center on Legal and Judicial Issues — A Service of the U.S. Children’s Bureau.

Child Athletes deserve excellence in Child Protection legal cases and deserve excellence in Child Athlete Abuse and Protection legal legislation. Will the Safe Sport Act offer Equal or Unequal Protection for All under the new law?

URL Link – http://www.cappaa.com/child-athlete-abuse-syndrome-forensic-definition-4

Department of Justice should publish a new Handbook for suspected Child Athlete Abuse Syndrome Intrvention, Promotion of Child Athlete Safety 1st and Prevention of Child Athlete Abuse.

  • DOJ should prepare and distribute, or at least have readily available, the Handbook to All U.S. Child / Youth Amateur Athletes,
  • and All Child and Youth Amateur Sports Organizations, governed and not-governed by an Safe Sport Act National Governing Body  (NGB).
  • Like the current Handbook viewed below, a new Handbook for these specific purposes, should most probably initiate a ‘New Standard of Care’ for all Child Athletes.
  • All Children, Activities, types of Abuses and Due Process should be defined, guided and governed by the same accurate policies and procedures
  • with no preferential and prejudicial differences
  • providing equal protection under the law for all Child Athletes victims
  • equal protection for all modifier activities, conditions, causes, factors
  • equal protection for all modifiers of the 6 types of Child Athlete Abuses
  • providing suspected Perpetrator Due Process
  • All Children and activities, conditions, causes, factors modifiers and suspected Perpetrators do Not appear to be so defined, guided, governed, in Safe Sport Act and Safe Sport Center
  • Let us hope that the Safe Sport Act is not a layer similar to the original suspected, detrimental layer, the accused USA Gymnastics / U.S. Olympic Committee, which it replaced.
  • Let us hope that Safe Sport Act is not another prejudicial, bureaucratic, facade and layer between the entire U.S. population of suspected Child Amateur Athlete Abuse and justice.
  • Let us hope the SSA is not similar to the neglected, non-governed Child Athlete Abuse Syndrome objective, unaddressed in the first place,
  • and not just a reaction tilted in the opposite biased advocates’ direction, for a ‘change’, no matter what it is.
  • Before readers detonate, they should survey the current 57 US Olympic Sports’ Handbooks and all the other governed and not-governed U.S. Child Athlete Handbooks and their Organization Handbooks and note all the Handbooks’ differences, unequal Promotions of all U.S. Child Amateur Athlete Safety and unequal U.S. amateur Child Athlete Protections and treatments. The Handbook reads are ‘all over the place’, incongruous.
  • Because Child Athlete Abuse Syndrome (CAAS) is a Short Title for a Clustering of Child (<18) or Youth (15-18) (United Nations definition is 15-24) Athlete Serious Injuries, Diseases and/or Deaths (morbidity and mortality), it is a Forensic Medical term.
  • Forensic Medicine is the interface of Medicine and Law.
  • Each affects the other. They work bi-disciplinarily, 2 branches of knowledge and language.
  • Forensic Medical terms are in ICD-10 medical language (International Classification of Disease),
  • This researcher now refers to that language -just a few examples (—–):
  • No suspected Child Victim (ICD-10 diagnosis codes, child sexual abuse initial encounter T74.22xa)
  • and none of the activities, (examples: American football ICD-10 code Y93.61, basketball Y93.67, gymnastics Y93.43 , cheerleading Y93.45 )
  • conditions (pregnancy 026.891, fever R50.81, Diabetes mellitus E08.0)
  • causes (seizure G40.50, B12 anemia D51.3)
  • factors (pain disorder F45.41),
  • morbidity (morbid obesity E66.2 with hypeventilation)
  • and mortality (unknown cause of death R99-R99),
  • which are called,  (ICD-10 modifier codes), ‘modifiers’,
  • when listed second, third etc. modify the (ICD-10 diagnosis codes), first listed in reports, insurance claims, and research, any bucket designed to gather the specific codes electronically
  • which have an impact on the first line of Diagnoses (diagnosis code),
  • and none of the suspected or convicted Perpetrators (perpetrator codes, YO7.53 Coach, teacher, instructor, YO7.528 healthcare provider)
  • should be treated unequally.
  • According to law, each and every Diagnosis, ‘Modifier’ and Perpetrator shall be treated equally and impartially during legal proceedings; on a level playing field.[Vieth, Victor I. (1998) “Passover in Minnesota: Mandated Reporting and the Unequal Protection of Abused Children,” William Mitchell Law Review: Vol. 24: Iss. 1, Article 3.]   [Russell K Robinson, Unequal Protection, 68 Stan. L. Rev. 151 (2016)]   [Separate and Unequal, August 11, 2017 Goldwater Institute]

U.S. Department of Justice 2001  Guide to Investigating Child Abuse

Please complete review below >___________________________________________________________>

WHAT DOES ‘CHILD ATHLETE ABUSE SYNDROME’ (INCLUDES CHILD OLYMPIAN SEXUAL ABUSE) INTERVENTION, REPORTING, INVESTIGATION, LITIGATION, OTHER FACTORS LOOK LIKE NOW?

The Safe Sport Act (SSA, S.534 Law) is “aimed at protecting Child and Youth Olympian Athletes from sexual abuse.”

’The SSA is the result of the failure of U.S. Olympics to protect Child Olympians” from all types of ‘Child Athlete Abuse Syndrome’, physical, psychological (emotional), sexual abuse and civil rights violations. [Child Athlete Abuse Syndrome, Forensic Definition: https://www.cappaa.com/child-athlete-abuse-syndrome-forensic-definition ].

CHILD ATHLETE ABUSE SYNDROME FORENSIC DEFINITION-AthleteSafeSport1st

Child Athlete Abuse Syndrome (CAAS) is a Short Title for a Clustering of Child (<18) or Youth (15-24 U.N. definition) 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
► Civil Rights violations
► That were inflicted, caused, created, or allowed to be inflicted, caused, created,   directly or indirectly by (a) Coach (b) Strength Training Coach (c) Conditioning and other specialty Coach (c) Parent, Guardian (d) Other Caretaker Person who has Child and Youth Athlete custodial protection, supervision, care and control during Sports, Recreation and Exercise Participation (SRE) (e)  Doctor, Athletic Trainer, Nurse, Health Care Professional (f) Other Persons and Organizations in contact with Child and Youth Athletes

► Failure to Report the morbidity and mortality to Authorities by Mandated Reporters is Illegal. Failure to Report is a crime.

► Failure to Report by Doctors can also precipitate malpractices claims, if other victims are harmed or damaged by the same offender.
► Children are defined by their age of minority. 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

“USA Gymnastics and the United States Olympic Committee have come under intense scrutiny for their lack of action that enabled a doctor, who was recently convicted for many heinous crimes, to carry out his crimes and never be reported, causing multiple victimizations, and many coaches and others to carry out their crimes for many years.”

The SSA legislation requested a $1 million, but was actually granted $2.5 million budget, which was allocated in the new 2019 fiscal year budget).  [How The Safe Sport Act Could Stop The Next Larry Nassar By Jessicah Lahitou April 2018, Bustle]

The Safe Sport Act is not easy to read and not readily understood. It is confusing.

“The Safe Sport Act requires a certain degree of understanding for existing laws” in general, specifically Child Abuse laws and forensic medicine information. Child Abuse is the forensic interface of justice and medicine.

To accomplish the SSA references are inserted in the legislative text suggesting referral-to.

“SSA modifies an existing piece of legislation: Section 226 of the Victims of Child Abuse Act of 1990 (34 USC 20341: Child Abuse Reporting).”

“Another section relates to legislative intent to authorize a new Organization, the US Center for Safe Sport, to address the risks of Child Olympian Sexual Abuse in youth sport and administrate all operations. Therefore, the SSA modified the Ted Stevens Olympic and Amateur Sports Act (36 USC 2205: United States Olympic Committee).”

Safe Sport Act Has ‘Conditional’ Positive and Negative Factors. SSA is ‘Conditional’ because new legislation’s success and failure are contingent on meeting additional future conditions, requirements, grants and reforms. Wrinkles will need ironing-out.

Conditional Negative Factors

The New Safe Sport Act possibly has privileges that are not available to all Child and Youth Athletes in general.

  • In the new ‘Safe Sport Act’, Olympic Child and Youth Athletes Have Been Redefined, as first minors, age less than 18 and secondly and quiet possibly discriminatorily, by the Sport in which they play, which labels them ‘different’ from Child Athletes in general.
  • The ‘Safe Sport Act’ makes a distinction, it appears, in favor-of and prejudicial treatment-of the Olympian Gymnasts on the grounds of the different Sport Activity in which those particular Child Athletes participate.
  • There are 42 summer and 15 winter Olympic Sports. There are 57 Olympic Sports which might receive special, preferential Safe Sport considerations and treatments different than Child and Youth Athletes in general, outside Olympic Sports and in misconducts other than Sexual Abuse.

Of the 57 USA Sports’ Handbooks reviewed, all appear to accept the same preferential, prejudicial, inappropriate, inadequate policies and procedures and ‘turn a blind eye to’ Child Athlete Abuse Syndrome violations other than Child Olympian Sexual Abuse. The proof will be in the cases as they present or don’t present themselves.

An example of the preferential, prejudicial, inappropriate, inadequate policies and procedures is the USA Curling Handbook: “Actual or perceived incidents of physical abuse, emotional abuse, bullying, harassment, or hazing, as defined in the USA Curling SafeSport Handbook, and sexual misconduct, as defined in the SafeSport Code for the U.S. Olympic and Paralympic Movement, at USCA events or perpetrated by individuals such as certified coaches, instructors, ice makers, or officials, must be reported to USA Curling and/or the US Center for SafeSport through one of the following methods listed below:

Reports can be made to USA Curling by: (1) Completing the online reporting document – click here.  (2) Emailing details to SafeSport@usacurl.org”

(3) Phoning (888) CURLERS (287-5377) and speaking to a designated SafeSport coordinator (SafeSport coordinators include the Chief Executive Officer, Growth and Development Director and Developent Associate.  Chief Executive Officer, Growth & Development Director, and Development Associate)

While USA Curling will accept an anonymous complaint, it is strongly encouraged that the following information be included in all reports: Name and contact information of complainant, Type of misconduct alleged, Name(s) of individuals(s) who allegedly committed the misconduct, Name(s) of victim(s) of the alleged misconduct, Approximate date, time, and location the alleged misconduct was committed, Names of other individuals who might have information regarding the alleged misconduct, Reasons suggesting that the misconduct has occurred, More information about reporting can be found in the USA Curling SafeSport Handbook. 

Reporting methods include: Telephone: 720-524-5640, Online: SafeSport.org (online reports are accepted 24 hours a day, 7 days a week), Mail: U.S. Center for SafeSport, C/O Response and Resolution Office, 1385 South Colorado Boulevard, Suite A-706, Denver, CO 80222

Any reports made to USA Curling that fall under the jurisdiction of the US Center for SafeSport will be forwarded to the Center. The Center has exclusive jurisdiction over such cases.”

*Reporting to the Center and/or USA Curling DOES NOT satisfy any legal reporting requirements under state or federal law. If the suspected conduct may also be criminal, you are strongly encouraged to report to law enforcement. For state-by-state reporting requirements, see www.childwelfare.gov.

All Child Athlete Abuse Syndrome Physical and Psychological Maltreatmet and Sexual Abuse and Civil Rights Violations should be Reported unequivocally to the State County Attorney, the chief state law enforcement officer, who will refer the victim for Doctor Examination, and CPS / Social Services at the same time. No difference should be made among the types of Child Athlete Abuse Syndrome. All should be together in one hand book with the same policies and procedures.

The same handbook with the same accurate policies and procedures, with no preferential, prejudicial differences should be distributed to all United States Child Athletes regardless of the venue or sport in which they participate.

Child Athletes should only be defined by their age of minority, not the location, Sport (SRE) and organization in which they play. All Children should have equal protection under the Law.

  • Any criticism of the SSA is no refection on the recent U.S. Olympic Gymnast horrific well publicized tragedy. All we advocates are endeavoring to prevent Child athlete Abuse of all Child Athletes. That is our main purpose here. We struggle for the answers in the process.
  • Other defects are anticipated in the Center for SafeSport policies and procedures.
  • Reserved Sovereign State Powers For Child Abuse Intervention, Multidisciplinary Investigation, Reporting, Adjudication and litigation Appear Disregarded
  • The SSA adds the Center for SafeSport, a new charter for the United States Olympic Committee. The charter will be responsible for ‘responding’ to reports of sexual misconduct within the U.S. Olympic and Paralympic Movements. The Center will most probably lack the Multidisciplinary Team capacity for investigation, the most effective Child Abuse intervention process.

The Safe Sports Act generically states the suspected Sexual Abuse should be Reported to the “police within 24 hours or to law enforcement within 24 hours” and it is a crime when failed to Report; extremely conditional negative factor.

Because the SSA incompletely describes and fails to outline the authority to whom to report or the legal representative to whom to report suspected Child Olympian Sexual Abuse, this Journalist recommends the current law that describe in more detail to whom to Report.

  • Child Sexual Abuse in any U.S. state venue or, when in a foreign country, should be reported in the suspected victim’s home state, to the County Attorney, the chief law enforcement officer in each county in each state, who will refer the victim for Doctor Examination,and at the same time to Child Protective Service (CPS), or equivalent name in some states, who will both collaborate and begin the Multidisciplinary Team investigation.
  • Child Sexual Abuse from the U.S. Department of Justice
  • Child sexual abusematters are generally handled by local and state authorities, and not by the federal government.”
  • “To report a child sexual abuseissue, contact your local or state law enforcement ” [https://www.justice.gov/criminal-ceos/report-violations#reportsexabuse

The Multidisciplinary Team approach has developed over many years and is not the new kid on the block.

The Attorney General’s Task Force on Family Violence and the National Council of Juvenile and Family Court Judges have also stressed the necessity of multidisciplinary approaches to family violence, including child abuse (National Council of Juvenile and Family Court Judges, 1987).

According to the American Prosecutor’s Research Institute (1989), “experts from across the country who deal with children, abuse issues, courts, and trials on a daily basis confirm research findings in the field that the best response to child abuse is a coordinated, multidisciplinary approach.”

1995 U.S. Attorney General Guidelines for Victim and Witness Assistance also recognizes the importance of MDTs and includes these guidelines; consultation with Multidisciplinary Teams…

At the 1994 National Conference on Family Violence: Health and Justice, over 400 professional participants developed a set of recommendations stressing the importance of Muldisciplinary partnership in family violence cases (Witwer & Crawford, 1995).

  • Funding for Child and Youth Athlete Sexual Abuse is another concern. Funding should be allocated to the existing State Multiprograms, not piecemealed to selected Federal entities and not piecemealed for selected sexually abused Child and Youth Olympian Athlete legal cases. Funding also appears to be prejudicial treatment-of the Olympian Gymnasts

Conditional Positive Factors

  • The new ‘Standard of Care’ for all Child / Youth Athletes and the Organizations involved in Child and Youth Sports, Recreation, and Exercise (SRE) is an excellent conditional Positive Factor.
  • Safe Sport Act expands the list of Child Sexual Abuse Mandatory Reporters
  • Improved Required ‘Prevention Training’ for All Child and Youth Amateur Athletes and All Sports Organizations governed and not-governed by an Safe Sport Act National Governing Body  (NGB)
  • SSA extends the mandatory reporting requirements of Child Abuse to National Governing Bodies, like USA gymnastics, and affiliated amateur sports organizations, to ensure that reports are immediately made to local or federal law enforcement authorities.
  • SSA allows civil suits by minors against sex abuse perpetrators to be brought by clarifying that once a victim has established harm and damage occurred, the court will presume $150,000 in monetary damages.
  • Extends the civil statues of limitations for Sex Abuse cases.
  • The new Safe Sport Center will be responsible for developing and implementing best policies and practices for preventing Amateur Athlete Sexual, Psychological and Physical Abuse.
  • SSA requires adults working with Youth Athletes to report suspected cases of abuse to law enforcement within 24 hours.
  • If an adult fails to report a Sexual Abuse allegation, they could spend up to 1 year in prison.
  • The law applies to all amateur sports not just gymnastics.

Ambiguities, Doubts and Confusion

“Reading legislation, like the Safe Sport Act, can be confusing, because legislation does not ‘read like a book’ (introduction, body and conclusion). Instead, it is akin to reading modifications and edits to other, preexisting books.”

Many different hands were involved in SSA S.5364 legislation composition, which interrupted continuity.

“Understanding the Safe Sport Act requires an understanding of existing law.” This is particularly true regarding the changes in reporting requirements.

Translation, interpretation and assumption of dangling words, not clearly stated, lacking definition in the SSA are frequently necessary.

[Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 -Impact of new ‘Safe Sport Act’ will impact all of youth sport – directly or indirectly -Preventative legislation, rather than reactive.]

A very important ‘Conditional Positive Factor’ of the federal SSA legislation is the Child and Youth Athlete SRE activities’ extent of coverage in every state.

A very important “Conditional Negative Factor’ is the lack of depth, or strict, dense details of SSA coverage.

Federal lawmakers have the authority to enact legislation, which they are able to legislate.

The SSA was enacted and governs Federal Child and Youth Sport Organizations and those Organizations’ Athletes, who ‘participate in interstate or international Amateur Athletic competition’ i.e. National Governing Body (i.e., USA Gymnastics),

“The power of federal lawmakers is broad, particularly given use of the Commerce Clause, but their power is not unlimited.” Lawmakers don’t have a totally free hand amid restrictions, checks and balances.

For jurisdiction to exist, Child and Youth Athletes and the Organizations subject to the Safe Sport Act must be engaged somehow in *interstate or international commerce or activities.

Miraculous interconnections are the art of legislation.

The categories affected by the Safe Sport Act are as follows:

  1. National Governing Body (NGB)*
  2. Paralympic Sports Organization*
  3. Amateur Sports Organization governed by an NGB (§220525)*
  4. Amateur Sports Organization not-governed by an NGB (§220530). 1. [1 Expect state legislatures to ‘close the loop’ by enacting similar legislation to prevent sexual abuse in youth sport at the state level.]

“The *first 3 categories are clearly covered by the Act and under the direct jurisdiction of the US Center for Safe Sport.

In the last category. An Amateur Sports Organization not-governed by an NGB (§220530) must have the state lawmakers enact similar legislation to prevent Sexual Abuse in Youth Sport.

“This category is defined in §220530(b) as follows: An amateur sports organization that … participates in interstate or international amateur athletic competition, and whose membership includes any adult who is in regular contact with an amateur athlete who is a minor.”

Child Protection, Welfare and Abuse are Constitutional Reserved Powers

“Child Abuse is a multidimensional problem that requires multiprograms, multidiscipline and multiagency (MD Team) approach for successful intervention.

This means that all professionals involved, in law enforcement, child protective services, mental health, medicine, and the law, and the numerous others, communicate and coordinate with one another. The MD Team is variably expansive, with components that move in and out of the team as necessary.

A child’s best interest is served because the MD Team of various professionals, who are involved, understand their respective roles, possess knowledge of their State statutes and local guidelines, which differ in states, and have adequate training in their respective fields.

“Sensitive and consistent application of policies and procedures established in written protocols is essential for an effective alliance to combat child maltreatment.”  [U.S. Department of Justice 2001 Guide to Investigating Child Abuse]

Reserved Powers are specifically state powers and traditionally require state implementations and interventions.

Other State Reserved Constitutional Powers are fire and police protection, health regulations, licensing and education.  [3 Constitutional powers are Reserved, Granted and Concurrent described, USConstitution.net]

The United States Constitution specifically grants certain powers or authority to the federal government.

“In an effort to prevent the newly formed government from stepping outside its authority, or abusing its powers, an amendment to the Constitution was made specifying that all powers not specifically granted to Congress or the President are reserved for the states, or the people, alone.”

“The concept of reserved powers is rooted in the fact that people are closer to, and feel a loyalty to, their state governments.

“The 10th Amendment to the Constitution helped clarify how much the imprecise federal government held over the people, and which powers would be governed by the people’s home states.

“Any powers not specifically given, or ‘enumerated’ to the federal government, are within the authority of the individual states.

“The 10th Amendment, to the Constitution is closely related to a provision found in the Articles of Confederation:  “Each state retains its sovereignty, freedom, and independence, and every power,  jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.” [Legal Dictionary]

The basis for government’s intervention in Child Maltreatment is grounded in the concept of ‘Parens Patriae Doctrine’, a legal term that asserts that government has a role in protecting the interests of Children and in intervening when parents fail to provide proper care.

It has long been recognized that parents have a fundamental liberty, protected federally, by the Constitution, to raise their children as they choose, but includes restrictions when they fail to care for their children properly.

The legal Federal framework regarding the parent-child relationship balances the State tripartite rights and responsibilities among the 3 parties, the parents, child, and State, as guided by Federal statutes.

This parent-child relationship identifies certain rights, duties, and obligations, including the responsibility of the parents to protect the child’s safety and well-being.

If parents, however, are unable or unwilling to meet this responsibility, the State has the power and authority to take action to protect the child from harm, when parents are unable or unwilling to do so.

The Child Abuse Prevention and Treatment Act (CAPTA) is one of the key pieces of legislation that guides the federal child protection act. CAPTA, in its original inception, was signed into law on January 31, 1974 (P.L. 93-247). It was reauthorized in 1978, 1984, 1988, 1992, 1996, and 2003, and with each reauthorization, amendments have been made to CAPTA that have expanded and refined the scope of the law.

CAPTA was most recently reauthorized on December 20, 2010, by the CAPTA Reauthorization Act of 2010 (P.L. 111-320).

The official version by the U.S. House of Representatives is available at http://uscode.house.gov/download/download.shtml.

The complete text of the law (U.S. Code title 42, chapter 67) will also be available from the Cornell University Legal Information Institute website: http://www.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42_10_67.html 4 2.

The State Community-Based Child Abuse and Neglect Prevention Grants program was originally authorized by sections 402 through 409 of the Continuing Appropriations Act for FY 1985 (P.L. 98-473, 10/12/84).

The Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (P.L. 101-126) transferred this program to the Child Abuse Prevention and Treatment Act, as amended.

CAPTA was most recently reauthorized and amended in 2010 by the CAPTA Reauthorization Act of 2010. [Child Abuse Prevention and Treatment Act as Amended by P.L. 111-320, the CAPTA Reauthorization Act of 2010, Children’s Bureau ,U.S. Department of Health and Human Services, This booklet presents CAPTA as amended by the CAPTA Reauthorization Act of 2010]

The most positive broad sweeping factor of Safe Sport Act creates a new, improved ‘Standard of Care’ for the Child and Youth Athletes and the Organizations involved in Youth SRE

The Safe Sport Act creates a new ‘standard of care’ for the Child and Youth Athletes and the Organizations involved in 

  • SRE that compete in ‘interstate or international competition
  • SRE that do Not compete in ‘interstate or international competition
  • and all other Youth SRE Organization participants (camps, public and private schools, country clubs, sport facilities).1 [1 Expect state legislatures to ‘close the loop’ by enacting similar legislation to prevent sexual abuse in youth sport at the state level.]

The newly welcomed ‘Standard of Care’ public policy should reach far and wide. This new ‘Standard’ after proper promulgation will become long awaited by this Journalist ‘crystal clear public policy.’

The Safe Sport Act is creating an unmistakable ‘Standard of Care’ for all amateur sport organizations and those participating in youth sport. (See ‘Standard of Care’ below.^)

^New ‘Standard of Care’ in Youth Sport, an Indirect positive application The Safe Sport Act has direct application to many Child and Youth SRE Organizations, like USA Gymnastics.

The SSA also applies to Youth Sport Organizations that do not participate in interstate or international athletic competitions i.e. athletic programs in public and private schools, private and parochial athletic associations that do not compete out of state, sport camps, country club leagues and every imaginable Child and Youth SRE.

All youth sport organizations not directly affected by the Safe Sport Act are indirectly affected through Safe Sport Act’s creation of a new ‘Standard of Care’: a reasonable ‘Standard’ for all organizations providing Child and Youth SRE activities.

Now, all youth sport organizations shall speak the same language and are “on notice that child sexual abuse is a real risk in youth sport, and reasonable steps should be taken to protect young athletes, including reporting, effective training, tailored policies, oversight practices and periodic safety system reviews.”

Safe Sport Act will provide evaluations measuring the efforts of all child and Youth SRE programs.

The Safe Sport Act expands the list of individuals required to report child sexual abuse

The Safe Sport Act expands the list of individuals required to report child sexual abuse by modifying Section 226 of the Victims of Sexual Abuse Act of 1990 (34 U.S.C. 20341).

The list of mandatory reporters now includes: ‘covered individuals’. The term ‘covered individual’ means an Adult who is authorized by a national governing body (NGB), a member of a national governing body, or an Amateur Youth SRE Organization that participates in interstate or international amateur athletic competition, authorized to interact with a minor or amateur athlete at an amateur sports Organization Facility or at an Event governed a national governing body, a Member of a national governing body, or such an Amateur Sports Organization;

Please notice the extent of the federal legislation AND the interstate competition qualification for amateur youth sport organizations that are not-governed by a National Governing Body.

“For Amateur Sports Organization not-governed by an NGB (§220530), participating adults are included in the list of ‘covered individuals’ required to report suspicions of abuse to the appropriate law enforcement agencies, as determined by state and federal law, but do not appear to be required to report suspicions of abuse to the Center.

“The Safe Sport Act also extends the mandatory reporting requirement to each ‘covered individual’, interpreted broadly as an adult authorized to interact with minor or amateur athletes. 3 Safe Sport Act §220530(a)(2)(A) requires all adults working with a National Governing Body (NGB) or Paralympic Sports Organization to immediately report suspicions of abuse to the US Center for Safe Sport (‘Center’) and the appropriate law enforcement agencies, as determined by state and federal law.

“2 The Safe Sport Act expands access to civil courts and civil redress for sexual abuse victims through a broader interpretation of the civil discovery rule and availability of monetary damages.

The reference article is limited to the required changes affecting youth sport organizations.  3 See Purpose & Summary of the House Bill; H. Rep. No. 115-136 (2017-18). Link to HighlightedText.

The SSA creates a mandatory reporting obligation in youth sport, regardless of whether the program is USA Gymnastics or Not.

“Further, each state has a reporting statute related to child abuse and neglect; some states require every adult to report suspicions of abuse and neglect, other states list categories of individuals or circumstances triggering a mandatory report.

“The Protecting Young Victims from Sexual Abuse Act of 2017 has created a federal mandatory reporting obligation for all ‘covered individuals’ (see above). It is imperative that each youth sport organization, and the individuals within that organization, understand the new federal obligations, as well as the respective state-specific obligations.

Requirement for ‘Prevention Training’ a very significant feature of the Safe Sport Act

“Prevention Training – Required for All.  For Amateur Sports Organizations not-governed by an NGB, the requirement for prevention training is found in §220530: §220530.

Other amateur sports organizations “(a) In General – An applicable amateur sports organization shall – (3) offer and provide consistent training to all adult members who are in regular contact with amateur athletes who are minors, and subject to parental consent, to members who are minors, regarding prevention and reporting of child abuse.

For Paralympic Sports Organizations and National Governing Bodies – and, presumably, those people/organizations governed by an NGB. Found in the Act’s provision related to audits (§220542): §220542. Additional duties. “(a) In General

“The Center [US Center for Safe Sport] shall – (1) develop training, oversight practices, policies, and procedures for implementation by a national governing body or paralympic sports organization to prevent abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and (2) include in the policies and procedures … (A) [mandatory reporting] (B) [mechanism for reporting] (C) [prevention policies] (D) [procedures to prohibit retaliation] (E) oversight procedures, including regular and random audits conducted by subject matter experts, … to ensure that policies and procedures developed under that section are followed correctly and that consistent training is offered and given to all adult members who are in regular contact with amateur athletes who are minors, … regarding prevention of child abuse;

[Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 -Impact of new ‘Safe Sport Act’ will impact all of youth sport – directly or indirectly -Preventative legislation, rather than reactive.  Abuse Prevention Systems 2018 www.AbusePreventionSystems.com]

Program Funding is Skewed, Biased   

  • Funding for Child and Youth Athlete Sexual Abuse should be allocated to the existing overall State Agencies, not piecemealed to selected Child and Youth sexually abused groups or divided equally.
  • All Children Amateur Athletes are not given equal funding protection.
  • Unequal Funding is possibly discriminatory

“It’s a new regime.” [Nancy Hogshead-Makar, the CEO of Champion Women].

The Safe Sport Act is truly a new system hallmarked with significant, necessary changes for the improved Promotion of Athlete Safety 1st and the continuous Prevention of ‘Child Athlete Abuse Syndrome’.

Granted the SSA has indwelling confusion and ambiguities, certain upsides and downsides, positive and negative impacts on Child and Youth Amateur Athletes, Organizations and members, everyone who associates and has contact with Athletes.

The breadth and depth of SSA remains to be actuated and manifest. The jury is not in. Time will tell.

Hopefully, Child and Youth Protection will be victorious and ‘Child and Youth Athlete Abuse Syndrome’, which includes Sexual Abuse, will be defeated.

And one day , when nearly all the wrinkles have been ironed out, ‘Child Athlete Abuse Syndrome’ and ‘winning-at-all-costs-to-Athletes’ will be nothing but a ‘fading memory’.

_________________________________________________________________________

Might The Safe Sport Act, S.534 Law, Not Stop and not even hinder, Child Olympian Sexual Abuse, because it has distanced itself for the conventional Multidisciplinary Team (MDT) and States’ Sovereign Child Athlete Abuse and Protection Intervention approach?

Athlete Safe Sport 1st, this website, which is not part of S.534 Law, is aimed at protecting Child and Youth Athletes from Child and Youth Athlete Abuse Syndrome, (CAAS) ‘A New Disease, (*sic) aka Child and Youth Physical and Psychological Endangerment and  Maltreatment and Human Rights Violations.

(*sic) CAAS is as old as Sports, Recreations and Exercises (SRE) themselves. The problem is that CAAS has been covered-up and hidden from the customary law enforcement agencies responsible for Child Athlete Protection violations and Child Athlete Abuse, by those agencies, associations, leagues, federations, coalitions, alliances, committees and groups, who profit from hiding SRE oversight breaches .

April is Child Abuse Awareness month. Prevent Child Abuse America (PCAA) motto and Athlete Safe Sport 1st motto. 

  • PCAA;
  • No Excuse for Child Abuse; Every Child Matters, 
  • Everyone should Stand Up For Children
  • Athlete Safe Sport 1st:
  • “No Excuse for Child and Youth Athlete Abuse”; Every Child and Youth Athlete Matters
  • “Everyone should Stand Up and STOP Child and Youth Athlete Endangerment, Maltreatment, Sexual Abuse and Civil Rights Violations”
  • Children don’t relinquish their Rights once they step on the gym floor, football field, or in any other place.
  • Duty for their protection follows them all the day long
  • Children and Youth Just want to play safely and have fun

The recently passed law, Safe Sport Act, is “aimed at protecting Athletes from sexual abuse,” Child and Youth Olympian Athletes, from sexual abuse. [for quote above, See below, last entry: How The Safe Sport Act Could Stop The Next Larry Nassar By Jessicah Lahitou, Jan 2018]

The new legislation, S.534, became law January 30, 2018. Aiming protection at one isolated group of Children, appears not to offer a new law with Constitutional Equal Protection of all Children, a Civil Right.

The Safe Sport Act, “aimed at protecting Athletes from sexual abuse.” Olympian Athletes, from sexual abuse,  most probably went awry during legislation by

  • creating an independent body called SafeSport, which will be responsible for investigating complaints
  • ignoring the Multidisciplinary Team investigation approach of sexual abuse with a multitude investigative resources, now the conventional manner in which to investigate sexual abuse properly
  • and a $1 million annual budget for investigations of abuse
  • isolating Olympian Athletes and suspected offenders in an obsolete investigative NON-State bureaucratic system and not offering them equal protection under the federal and state law, violating their civil rights and civil rights of suspected offenders, for State Multidisciplinary Team Investigation
  • [Federal guidelines and state performance of the law → U.S. Department of Health & Human Services > Administration for Children & Families > Children’s Bureau]:  U.S. Federal Child Abuse Prevention and Treatment Act (CAPTA) provides State Grants (Published: May 17, 2012, Last Reviewed: June 30, 2017) and recommend guidelines, programs providing funds for States for state child protective service systems (CPS). reauthorized by the Keeping Children and Families Safe Act of 2003, and for States to provide assurances in their five-year Child and Family Services plan that the State is operating a Statewide child abuse and neglect program that includes several new Multi-programmatic requirements and Multidisciplinary Team investigations.
  • Child Sexual Abuse in any U.S. state venue or, when in a foreign country, should be reported in the suspected victim’s home state, to the County Attorney, the chief law enforcement officer in each county in each state, who will refer the victim for Doctor Examination, and at the same time to Child Protective Service (CPS), or equivalent name in some states, who will both collaborate and begin the Multidisciplinary Team investigation.
  • Child Sexual Abuse from the U.S. Department of Justice
  • Child sexual abuse matters aregenerally handled by local and state authorities, and not by the federal government.”
  • To report a child sexual abuse issue, contact your local or state law enforcement” [https://www.justice.gov/criminal-ceos/report-violations#reportsexabuse

The Multidisciplinary Team approach has developed over many years and is not the new kid on the block.

The Attorney General’s Task Force on Family Violence and the National Council of Juvenile and Family Court Judges have also stressed the necessity of multidisciplinary approaches to family violence, including child abuse (National Council of Juvenile and Family Court Judges, 1987).

According to the American Prosecutor’s Research Institute (1989), “experts from across the country who deal with children, abuse issues, courts, and trials on a daily basis confirm research findings in the field that the best response to child abuse is a coordinated, multidisciplinary approach.”

1995 U.S. Attorney General Guidelines for Victim and Witness Assistance also recognizes the importance of MDTs and includes these guidelines; consultation with Multidisciplinary Teams…

At the 1994 National Conference on Family Violence: Health and Justice, over 400 professional participants developed a set of recommendations stressing the importance of Muldisciplinary partnership in family violence cases (Witwer & Crawford, 1995).

The formation of multidisciplinary teams (MDTs) has grown tremendously in the past thirty years. In 1958 there were only three MDTs in the United States, in 1985 there were over 1,000 (Kolbo & Strong, 1997).

The development of multidisciplinary approaches within Indian Country have been strongly aided by the Office for Victims of Crime’s Children’s Justice Act (CJA) Discretionary Grant Program for Native Americans. These CJA funded programs have assisted over 30 American Indian communities to improve the investigation and prosecution of sexual abuse and severe physical abuse cases.  [Multidisciplinary Teams and Child Protection Teams March 2000, The Center for Child Abuse and Neglect (CCAN)]

“Many benefits have been attributed to Multidisciplinary Team (MDT) approaches used in the investigation and resolution of child abuse and neglect.” [Multidisciplinary Team Approaches to the Investigation and Resolution of Child Abuse and Neglect: A National Survey, Jerome R. Kolbo, Edith Strong, Journal Child Maltreatment Vol 2, Issue 1, pp. 61 – 72, First Published February 1, 1997, The Journal Child Maltreatment is the journal of the American Professional Society on the Abuse of Children (APSAC)]

U.S. Department of Justice 2001        Guide to Investigating Child Abuse

Child abuse is a multidimensional problem that requires a multidisciplinary, multiagency team approach for successful intervention. This means that all professionals involved— in law enforcement, child protective services, mental health, medicine, and the law—communicate and coordinate with one another. A child’s best interest can be served only when the various professionals that are involved understand their respective roles, possess knowledge of their State statutes and local guidelines, and have adequate training in their respective fields. Sensitive and consistent application of policies and procedures established in written protocols is essential for an effective alliance to combat child maltreatment.”  [U.S. Department of Justice 2001 Guide to Investigating Child Abuse]

Is The Safe Sport Act and Safe Sport Center up to speed with an up to date approach for a successful intervention?

The federal statute, S.534 Law, Safe Sport Act, resulted in a new section for this website, Athlete Safety 1st, named Athlete Safe Sport 1st ← which evolved from Athlete Safety 1st ← which evolved from this Journalist’s advocacy ← which began with our story University of Kentucky football tragic story ← documented in the book by Shannon Ragland, ‘the Thin Thirty’ published in 2007.

The following excerpt of our tragic football story is  from ‘The Pathological Impact of Bradshaw Coaching on the 1961 University of Kentucky Football Class’ published on this website June 2, 2012. Publication link:  http://www.cappaa.com/kentucky-football-tragedy-and-bradshaw-forgiveness

Our first Football Class Reunion was June 14, 2008, about one year after the publication of The Thin Thirty. The 2008 Reunion of the 1961-1962 University of Kentucky Football Class was both very Gratifying and Concerning.

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 Football tragedy in 1962, untold and hushed until this book’s publication. Please see The Thin Thirty for many of the grueling details and/or see on this website ‘PLOWLINE COACHES, MULES, AND A HUNDRED YARDS OF COTTON’. This report is primarily the pathological survey.

As we organized our first 1961-1962 University of Kentucky Wildcat Football Class Reunion, we began gathering information. Questionnaires were mailed to our teammates and information gathering began.

Concerns about teammates reported experiences 50 Years Ago began to accumulate as teammates returned information for the Reunion.

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”.

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.

Readers might ask “what does this have to do with infant to 18 year old Child Abuse”?

Here is the answer. We players, who became involved in the morbidity and mortality surveys of our teammates, reasoned that this Coaching Misbehavior was trickling down to grade school, high school and other college programs.

Child and Youth Athlete Abuse Syndrome needed to be ‘nipped-in-the-bud’ and ‘stopped dead its tracks’ before it became epidemic. Much to our chagrin, we discovered CAAS was already epidemic and had seeded form ‘Southern Football Coaches’.  That was the beginning of Athlete Safety 1st, cappaa.com. A small group of teammates and Psychologist Kay, Coach Blanton Collier’s daughter, began to stratagize and attack this ‘cancer’.

The Blanton Collier Sportsmanship Group was incorporated in 2008. This Journalist, Mike Minix, MD, was listed as a Past Founding Director.

This Journalist believed that Child Abuse Prevention and Treatment advocates should not be actively involved in a corporation soliciting donations necessary for operation and thus resigned and began an advocacy group, Athlete Safety 1st, requiring no adverse declarations or conflicts of interest.

Brutal, win-at-all-costs football and other Sports, Recreations and Exercise to Child and Youth Athletes was not the model for winning Student-Athlete Football. Our UK team was composed of mostly dedicated Student Athletes, most just also happened to be excellent, honored football players..

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

The Study’s Results: This Study was about 1961-1962 University of Kentucky Football Freshman. The history of our team began with the hope and promise of academic and football success at the University of Kentucky.

Each player had committed to Coach Blanton Collier and his All-Star assistants and the University of Kentucky. But the University of Kentucky failed to fullfil their commitment to our team. Our 1961 UK freshman football class was larger and contained more out of state recruits tan in the past. 8 High School All-America were in the class. Reporters claimed our class was the best ever recruited at UK. This Journalist has no way of knowing our rank among other classes.

Instead it became a lifetime of morbidity and mortality for the players, after Coach Blanton Collier was replaced by Charlie Bradshaw. Coach Collier was immediately replaced after the end of the first semester of 1961, at the beginning of the Spring Semester of 1962.

Our UK teammates had no fore-warning prior to this tragic replacement. None heard of possible uneasiness about the UK coaching staff during our high school decision making time or during the first semester at UK. Electronic media was non-existent.

There was no intervention on our behalf after the abusive Bradshaw saga began. To this day the brutal assaults and mistreatments of the athletes haunt many of the players. The University of Kentucky never admitted to the athletic community their wrong doings and never apologized to the players for their mistreatments and crimes.

Coach Bear Bryant apologized to the Junction Boys a few years after his admitted “pigheaded” abusive mistreatments of his players. Charlie Bradshaw was a disciple of Bear. Bradshaw played for Bear at UK and was an assistant to Bear at Alabama. Bradshaw was not head coaching qualified, like Bear in several or our teammates opinions.

Because of the impact on the health and welfare of the players and the loss of scholarships of the players, the University of Kentucky committed a tragic breech of trust and fiduciary responsibility, when they replaced Coach Blanton Collier with Charlie Bradshaw.

The players, after the replacement, were suddenly faced with a football regime, backed by the University of Kentucky administrators, who had no respect for the players and who did not act responsibly to the players.

Everyone concerned with University of Kentucky football program, from the president of the University down, breached the covenants with the players. They should have respected our football athletes as human beings, acted responsibly for our safety, health and welfare and fostered our scholastic development.

From the studies, it appears that Charlie Bradshaw’s behavior was abusive and sometimes criminal. His malicious behavior affected the players and will continue to affect the players for their lifetimes. The Post Traumatic Stress Disorder (PTSD) and Anxiety Reactions have affected and will affect the quality and duration each player’s life. The degree of PTSD appeared to be directly proportional to the amount of emotional and physical investment of each athlete.

At the time, football was extremely important to this Journalist. My loss of football was equivalent to the extreme sadness experienced from loss of a close family member. Even worse was the shunning by UK fans and alumni in my small home town. Once pleased to see me, thy turned and walked in the opposite direction without a word. It was if I had commuted an unthinkable crime. Of course, they and others did not know the UK football tragic story. We Uk football Athletes were the victims.

The following studies support the cruelty and maltreatment we UK athletes endured.

Some of the assistants appeared to identify with Charlie Bradshaw and his abnormal behavior. Together they acted out Bradshaw’s abuse. He appeared to be maliciously sadistic toward his team according to some of the teammates reports.

In spite of Bradshaw’s malbehavior and the players’ Post Traumatic Stress disorders (PTSD) and Anxiety Reactions and other mental and physical disorders, that were the results of his and UK’s mistreatments, most of the surviving players have become successful in their businesses, professional and personal lives.

“Pulling out” of Bradshaw football was their only hope for success for some teammates. Parents and the athletic community should never chastise an athlete who “pulls out” of a corrupt athletic program. “Pulling out” might save that athlete’s life. That is not quitting.

The successes that resulted from “pulling out” from the Bradshaw regime and moving in other directions from him, have been revealed in the book The Thin Thirty by Shannon Ragland. The successes stand as a reminder of sweet revenge for many of the players.

About half of the players had forgiven Bradshaw at the time of our 2008 Reunion. About half had not forgiven Bradshaw and do not intend to forgive him and his assistants. Some can’t even fathom the question.

No player who participated in the study would want Bradshaw to coach their son in Bradshaw’s abnormal behavioral condition, that he exhibited in 1962.

No player embraced Bradshaw’s system of bully-boy, brainwashing brutal abusive coaching method.

Please see the 2008 Survey Results,  I. Psychological Athlete Abuse Survey and II. Physical Athlete Abuse Survey, below.

The first Athlete Safety 1st publication, this website, was June 8, 2011. the website was dedicated to the compete scope of Child and Youth Athlete Abuse Syndrome, all of which did not affect our UK team, but necessarily included because of the syndrome’s heinousness. Barbaric brutality was common.

Coach is a very particular Supervisor, Temporary Substitute Caretaker label that requires that the Coach, in the Child-Athlete-Coach relationship, implement complete Child (<18) Athlete Protection, Care and Safety in the absence of the Permanent Caretaker, Parent or Guardian.

According to CAPTA 2010, Federal Public Law 111-320, it is illegal for a Supervisor, aka Permanent Caretaker and Temporary Substitute Caretaker, to have sexual contact with minor children, less than 18, whom the Coach is supervising and for whom the Coach is providing care.

CAPTA 2010 includes that it is also illegal for a Supervisor, aka Permanent Caretaker and Temporary Substitute Caretaker, to physically and emotionally (psychologically) endanger, maltreat or abuse minor children, less than 18, directly or indirectly, or allow physical and emotional (psychological) endangerment, maltreatment or abuse of minor children, less than 18, directly or indirectly, whom they are supervising and providing care.

There is no age for sexual consent by minors (<18) to Supervisor Caretakers in CAPTA 2010. Sexual consent considerations are irrelevant concerning Supervisors, Caregivers / Caretakers in the criminal statues of CAPTA 2010, Public Law 111-320.

This a special law for Child Protection under which violators and perpetrators can be prosecuted. This special Child-Athlete-Caretaker/Supervisor relationship is not a dating, courtship, special friendship or marriage relationship.

During dating, courtship, special friendship and marriage relationships, “a person may move to sexual contact on the basis of body language and apparent receptivity, but very few people on a date that results in sexual contact have explicitly asked the other if his or her consent is informed, if he does in fact fully understand what is implied, and all potential conditions or results.

Informed consent is implied (or assumed unless disproved) but not stated explicitly.” “A person below the age of consent may agree to sex, knowing all the consequences, but his or her consent is deemed invalid as they are deemed to be a child unaware of the issues and thus incapable of being informed to be able to consent.

Therefore, the individual is barred from legally giving informed consent, despite what they may feel in a dating, courtship, special friendship or marriage relationship. [Faden, R. R., & Beauchamp, T. L. (1986). A History and Theory of Informed Consent. New York: Oxford University Pr] Child Saving history was most positively affected following “The Battered-Child Syndrome” report. Battered Child Syndrome, the first report describing Child Abuse in the U.S., was reported in 1962. It evolved into Child Protection Laws. [“The Battered-Child Syndrome”, C. Henry Kempe, M.D.; Frederic N. Silverman, M.D.; Brandt F. Steele, M.D.; William Droegemueller, M.D. ; Henry K. Silver, M.D., JAMA. 1962;181(1):17-24.]

Following and with inspiration from “The Battered-Child Syndrome” report, the United States Federal Governmental enacted the first Child Protection Law known as Child Abuse Prevention and Treatment Act (CAPTA) 1972. CAPTA has been amended several times and was last amended in CAPT Reauthorization Act, 2010, Public Law 111-320.

CAPTA 2010 was announced and promulgated, funds and resources were allocated to states and public policies were established.

  • Caretaker / Caregiver is a person who:
  • Cares for a child
  • Is providing active care
  • Has custody or has control of a child
  • Supervisor, Protects
  • Permanent Caretaker is a Parent or Legal Guardian
  • Temporary Substitute Caretaker is a person assigned to care for a child when the permanent caretaker is not present for supervision.

Coaches, teachers, camp counselors, bus drivers, babysitters, uncles, boy scout leaders, priests, grandparents, day care employees etc. are in to that category.

“Federal legislation provides guidance to States by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum: “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or” “An Act of failure to act which presents an imminent risk of serious harm.”

“This definition of child abuse and neglect refers specifically to parents and other caregivers. A “child” under this definition generally means a person who is younger than age 18 or who is not an emancipated minor.” [Children’s Bureau, Administration for Children and Families, U.S. Department of Health and Human Services]

Problematic Abusers will continue maltreating and abusing as long as they believe they can get away with it. Unfortunately the Will to Enforce the Law is the greatest Prevention and Deterrence of Child and Youth Athlete Abuse.

Prevent Child Athlete Cruelty and Abuse. Stop Coaches, Parents and Doctors from Crossing the Criminal and Civil Lines.

U.S REP. GEORGE MILLER ASKED GAO TO INVESTIGATE YOUTH ATHLETIC CLUBS’ CHILD ABUSE ALLEGATIONS And Expand Investigation into Child Abuse Reporting Laws to Include Athletics, Extracurricular Activities

SAVE CHILD ATHLETES FROM CRUELTY AND ABUSE: STOP COACHES, PARENTS AND DOCTORS AND ALL OTHERS FROM CROSSING THE LINE

Abuse and harassment persists at all levels of life and all levels of sport, recreation and exercise (SRE).

It is a serious issue that affects all humans and all participants i.e. the athletes, coaches, parents, doctors and health care personnel, officials and entire athletic communities.

They, in turn, affect the abuse and harassment. Some believe today’s sports reflect society’s tolerance of violence. Violence in sport is defined as physical manifestations that bear no direct relationship to the rules, goals and achievements of sport. 107.

The goals of sports are to create a sporting environments with fair play, the complete respect for others. played within the rules of the game, rules of child and youth protection and an atmosphere that will not tolerate unacceptable violent behaviors. Sports builds good character…when coaches’, parents’ and doctors’ characters are exemplary when they coach, parent and care-for the Athletes who participate in the sports. 8.

There are many grey areas of violence in sports. Rugged, rough, physical collision and contact sports should be different than non-contact sports in some respects, when played by the rules of the game. 107.

But the grey areas are metastasizing to sports that were once purely finesse. No matter, rules of child and youth protection are superior to arbitrary, capricious, non-legislative man made associations’ rules of play and are criminal when violated.

All types of abuse can occur in sport just as in other institutions i.e. school, workplace, government, religion, scouts and the home. Abuse in sport, sexual or not, discourages girls and women from participation and athletic development.

Implementation of abuse policies will help create structural climates where women, girls, men and boys, can participate and feel free to report abusive and maltreatment incidents. “Setting policy on verbal, physical and psychological abuse is also likely to decrease the likelihood of such offenses.

The Women’s Sports Foundation acknowledges that abuse occurs in athletics and seeks to prevent its occurrence through the development of this policy and position statement.” 119.

The Surgeon General of the United States Workshop 2005 included Coaches among potential targeted perpetrators of Child Abuse and Neglect. [Surgeon General’s Workshop on Making Prevention of Child Maltreatment a National Priority: Implementing Innovations of a Public Health Approach, Office of the Surgeon General (US); 2005. NIH, Bethesda, Maryland, 2005]

Currently, violence and abuse in sports have been neglected by many dysfunctional systems in crisis, some of whom were named by the Surgeon General and others included by this Journalist following further research. These systems in crisis have resulted, sometimes from ignorance of the law, error, lack of will to enforce the law, and/ or frank maliciousness, resulting in obstruction of CAAS Prevention:

  • Public Health Services
  • Sports Medicine
  • Social /Child Welfare Systems
  • Criminal Justice Departments
  • Education-Awareness Groups
  • Federal High School Athletic Federations
  • State High School Athletic Associations
  • Non-School Leagues and Associations

Everyone knows SRE accidents happen, while playing by the rules of the game, in safe SRE environments, with proper athlete protection, coaching supervision and conduct.

Serious Injuries and Deaths that occur during blameless circumstances are Inherent and Natural to the game that athletes play. They are called Accidental and Not-Preventable.

An aggressive clean football tackle that fractures an arm is an Accident and Not Preventable.

Conversely, Preventable, Not Accidental Injuries and Deaths occur at a rate of approximately fifty per-cent.

Preventable, Not Accidental Injuries and Deaths of SRE Children (<18) Athletes are secondary to severe punishments, injury mismanagements, such as concussion, over-use exercise, physical assaults and participation during severe weather conditions i.e. dangerous heat index, poor air quality and electrical storms to name a few.

Recently I was consulted concerning push-up punishment to an adolescent swimmer that resulted in a Preventable, Not-Accidental torn shoulder labrum and dislocation necessitating surgery. The violation was reported to authorities and will probably result in serious consequences.

Child SRE Coaches are “Temporary Substitute Caretakers” (TSC) in the eyes of the Public Law 111-320, Child Abuse Prevention Treatment and Reauthorization Act 2010 and in the eyes of the U.S. Surgeon General and the Kentucky Department of Community Based Services (DCBS) and Child Protection Services (CPS). [Micheal B. Minix, SR., M.D., Journal of the Kentucky Medical Association, Page 384, September 2012 / vol 110]

STATISTICS SUPPORT THE REASON FOR CHILD ATHLETE SAVING

  • ~45,000,000 (~60%) U.S. Children played one School or Non-School Amateur Sport 2010. [47.]
  • “According to the CDC, more than half of all sports injuries in children are preventable.” [ 28.]
  • Approximately 8,000 children are treated in emergency rooms each day for sports-related injuries.[2]
  • High school athletes suffer 2 million injuries, 500,000 doctor visits and 30,000 hospitalizations each year. [41]
  • There are three times as many catastrophic football injuries among high school athletes as college athletes. [42]
  • Emergency department visits for concussions sustained during organized team sports doubled among 8–13 year olds between 1997 and 2007 and nearly tripled among older youth. [31]
  • Concussion rates more than doubled among students age 8–19 participating in sports like basketball, soccer and football between 1997 and 2007, even as participation in those sports declined. [31]
  • More than 248,000 children visited hospital emergency departments in 2009 for concussions and other traumatic brain injuries related to sports and recreation. [35] – [48.]
  • 31 high school players died of heat stroke complications between 1995 and 2009. [36]
  • The number of heat-related injuries from 1997 to 2006 increased 133 percent. Youth accounted for the largest proportion of heat-related injuries or 47.6 percent. [39] – [48.]
  • The incidence of out-of-hospital sudden cardiac arrest in high school athletes ranges from .28 to 1 death per 100,000 high school athletes annually in the U.S.[31] – [48.]
  • Thus, if an estimated 50% of Child Athletes Sports Injuries are preventable; these are Not-Accidental Injuries and are not inherent or natural to the game that the Child Athlete was playing. Thus they are secondary to Child Athlete Abuse Syndrome (CAAS) by definition.

We need to save Child Athletes from CAAS. Please see more statistics below.

Strength is the cornerstone of every sport, but injuries during improper supervision of Strength Training by unqualified Strength Training Coaches can become the rock bottom of an Athlete’s career.

The American College of Sports Medicine notes that Child and Youth Athletes require special considerations when designing an exercise program, because young Athletes body systems are immature and have individual human growth and development timelines.

“The AAP does note, however, that most injuries occur when the children and youth are poorly supervised or practicing with poor technique.”

A complete history and physical doctor examination is the first step, followed by considerations for an Athlete’s medical conditions and then followed by an individualized training program.

“NCAA rules say coaches can take only 20 hours a week of their players’ time.” Yet college Athletes spend another 20 hours with their Sport mostly in Strength Training. Misfortunately, many players are injured months before the season begins and during the season while Strength Training. [Youth Strength Training: Facts and Fallacies by Avery D. Faigenbaum, Ed.D., FACSM, Am Col Sports Med, Jan 13, 2012] [Council on Sports Medicine and Fitness Pediatrics Vol. 121 No. 4 April 1, 2008 pp. 835 -840] [What Are the Dangers of Children Lifting Weights? Dec 1, 2010 by Amy Dixon Living Strong] [NCAA survey delves into practice time, coaches’ trust, By Steve Wieberg, USA TODAY 1/15/2011]

CHILD ATHLETE SAVING HISTORY

Battered Child Syndrome, the first report describing Child Abuse in the U.S., was reported in 1962. It evolved into Child Protection Laws. [“The Battered-Child Syndrome”, C. Henry Kempe, M.D.; Frederic N. Silverman, M.D.; Brandt F. Steele, M.D.; William Droegemueller, M.D. ; Henry K. Silver, M.D., JAMA. 1962;181(1):17-24.]

The United States Federal Governmental enacted the first Child Protection Law known as Child Abuse Prevention and Treatment Act (CAPTA) 1972. CAPTA has been amended several times and was last amended in CAPT Reauthorization Act, 2010, Public Law 111-320. CAPTA 2010 was announced and promulgated, funds and resources were allocated and public policies were established.

Nineteen (19) years later, in 1981 Dr. Edwin R. Guise and Dr. Richard M. Ball, in disapproval, first described the terms respectively:

  • “Socially Approved Athletic Child Abuse”
  • “Battered-Child-Athlete-Syndrome”, [ 3.]

The Child Athlete Saving Bible is Human Rights in Youth Sport: (Ethics and Sport) by Paulo David that was published by Routledge December 16, 2004

“The human rights of children have been recognized in the 1989 UN Convention on the Rights of the Child, and ratified by 192 countries. Sport is an international language that everyone understands and a fundamental building block of Children’s Rights. Paulo David’s work makes it clear, however, that too often competitive sport fails to recognize the value of respect for international child rights norms and standards and respect for human rights of child athletes.” [critical review, Amazon.com]

This text, purchased by this Journalist, was thoroughly researched and was a fundamental text for Child Athlete Saving movement. Mr. Paulo David is Deputy Director, Office of the United Nations High Commissioner for Human Rights.

The Thin Thirty, a book by Shannon Ragland, published in 2007 by Set Shot Press, was a monumental action toward Child and Youth Athlete Safety and Prevention of Child Athlete Abuse.

TTT was also historic in the definition of Child Athlete Abuse Syndrome. The Thin Thirty enabled our team to find our teammates from our 1962 University of Kentucky Football Team that resulted in our reunion in 2008 and discussion and research of our football tragedy. TTT told our tragic football story of brain-washing brutality that reduced our squad from 88 to 33 athletes. Our thanks to Shannon Ragland and his family. So should the thanks of all Child and Youth Athletes.

In 2007 Women’s Sports Foundation began setting policy on verbal, physical, psychological and sexual abuse in an attempt to decrease these offenses. [Addressing the Issue of Verbal, Physical and Psychological Abuse of Athletes: The Foundation Position Oct 7, 2007 By Women’s Sports Foundation]

Child Athlete Abuse Syndrome (CAAS) Forensic definition by Micheal B. Minix Sr,. M.D. began following preparation in 2007 for the June 2008 UK Football Reunion. We surveyed our teams’ injuries: “The Longitudinal and Retrospective Study of The Impact of Coaching Behaviors on the 1961-1962 University of Kentucky Football Wildcats” by Kay Collier McLaughlin, Ph.D., Micheal B. Minix Sr. M.D., Twila Minix, R.N., Jim Overman, Scott Brogdon.

Subsequently, CAPPAA, Athlete Safety 1st, this website, was published and copy written 2009.

As a consultant to the National Cheer Safety Foundation and other groups, this Journalist taught CAAS to advocates and organizations incorporating training following instruction in Child Abuse Recognition Education (C.A.R.E.) sponsored by Prevent Child Abuse KY and U of Louisville Department Of Pediatric Forensic Medicine.

Child Athlete Abuse was first authored by Micheal B. Minix, SR., M.D. in 2009.

Child Athlete Abuse Syndrome, A New Disease was further described November 15, 2010.

Permission for use was granted to Kimberly Archie for the Cheer Safety and Risk Management Guide. (3537 words) by Micheal B. Minix, Sr., M.D. cc Sept. 2009 with copyright restrictions on “changes, alterations and other uses such as redistribution and sale of this document are not to be made without my permission.”*

Permission was granted to Cheryl Hoffman, Educational Director and assistant to the Executive Director for the National Collegiate Acrobatics and Tumbling Association, August 15, 2011 to use articles from my website Athlete Safety 1st in the “Risk Management Standards and Manual” online at: http://issuu.com/ncata/docs/risk_management?viewMode=magazine.

CAPPAA, (Child and Adult Physical and Psychological [Emotional] Athlete Abuse), a Public Health Crisis, was prepared for Presentation to Deputy Secretary Steven Nunn, the Kentucky Cabinet for Health and Family Services April 24, 2010 by mbmsrmd and the CAPPAA Team.

Child Athlete Abuse was discussed during break-out session during this Journalist’s C.A.R.E. training. C.A.R.E. is Child Abuse Recognition Education.

In the past Child Athletes have been overlooked. C.A.R.E. staff reported after a pointed question from this Journalist, mbmsrmd, concerning the investigation of Coaches for Child Abuse 1 month following training after the question had been submitted up the ladder to DCBS top ranking officials:

“The Child Safety Branch of DCBS (Department of Community Based Services which has a branch in each Kentucky county) has responded to the question regarding coaches as caregivers”……“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 and caregiving). To my knowledge 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.” [C.A.R.E. Coordinator, Feb. 27, 2009]

“Child Abuse Recognition Education is a very important endeavor. The mission of C.A.R.E. (Child Abuse Recognition Education) is to develop, support and grow a statewide network of doctors, key medical personnel and medical office staff who have committed themselves to ensuring the children in their communities are free from abuse and neglect as a result of receiving office-based training from their medical peers.” [Prevent Child Abuse Kentucky, http://www.pcaky.org/care.html]

This Journalist, Micheal B. Minix, Sr., M.D., was trained and certified with many other doctors by C.A.R.E. for the instruction of physicians and their office staff in their community based offices about the recognition of Child Abuse. C.A.R.E. is a division of Prevent Child Abuse Kentucky.

Child SRE Coaches are recognized as “Temporary Substitute Caretakers” (TSC) in the eyes of the Public Law 111-320, Child Abuse Prevention Treatment and Reauthorization Act and the Kentucky Department of Community Based Services (DCBS) and Child Protection Services (CPS).

“A bill aimed at improving safety for high school athletes won initial legislative approval.” House Bill 383 became Kentucky Law: 2009 Ky. Acts ch. 90, sec. 2, effective March 24, 2009.

“Dr. Michael Minix Sr., a physician and former University of Kentucky football player, testified in favor of HB 383 before the KY House of Representatives, Education Committee that coaches don’t always abide by medical guidelines and that they need to be better educated about risks to players.” “Athlete abuse is on the rise in the United States,” Minix said. [Panel OKs Athlete Safety Bill, Feb 25, 2009, by Stephenie Steitzer Courier Journal Newspaper, Louisville, KY]

Forty-nine years after the report of Battered Child Syndrome, April 29, 2011, Micheal B. Minix, Sr., M.D., this Journalist, presented the Forensic Definition of “Child Athlete Abuse Syndrome, A New Disease” at the Athlete Abuse Summit, Omni Parker House, Boston, MA.

This was the first public conference report of mbmsrmd’s CAAS’s definition, following his scholarly inquiry, investigation, interpretation of facts and correction of accepted theories and laws because of new facts.

Athlete Abuse Prevention Summit April 29, 2011 keynote message by Dr. Robert Cantu, Concussion, Dr. Frederick Mueller, sports injuries, Dr. Herb Appenzeller, sport law and risk management, Dr. Micheal Minix, Child Athlete Abuse Syndrome, Kimberly Archie, Cheer Safety, National Cheer Safety Foundation, others.

This Journalist has been a member of the Brunel International Research Network for Athlete Welfare (BIRNAW) since Nov19, 2010/ BIRNAW is a group of international researchers who are working together to promote athlete welfare through research and consultancy. Brunel University is in East London, UK. Members are provided article and updates, periodically, concerning international Child Athlete Welfare.

In Suite 101, Terry Zeigler reported, “While 2010 has become known as the “Year of Concussion Awareness”, 2011 needs to become the “Year of Child Athlete Abuse Awareness”.

“Actions by coaches resulting in youth athlete injuries need to be taken seriously by both the parents and by athletic administrations. Immediate action should be taken by the team’s athletic administrations to remove the coach, report the incident to the local authorities, and assist in providing the authorities with their full cooperation during any ensuing investigation.” [Suite101: The Athlete Abuse Summits report from Terry Zeigler: http://terry-zeigler.suite101.com/child-athlete-abuse-syndrome–when-athletes-pay-the-price-a393385]

Different well-intentioned organizations have worked to improve education and awareness of all parties, particularly Coaches. They have gathered insignificant permanent effects on sports violence and abuse. Most well-intentioned have very small power and authority.

So, who will rescue and prevent child and adult athlete physical and psychological (emotional) injuries and deaths and sexual abuse? Multitudes have been recruited for this cause from all business and professional fields, but fallen on deaf ears.

Finally, well known, celebrity sports organizations and health care personnel have weighed in on the problem. March, 2013 The Cal Ripkin Jr. Foundation hosted a summit on Abuse of Child Athletes. Their summit focused on Child Athlete Sexual Abuse. Ripken he decided to take on the chief question before the sporting community: “What can we do to make kids safer?” [March 19, 2013 by Yvonne Wenger, The Baltimore Sun]

That was good news. This Journalist has awaited Sports Medicine doctor’s advocacy for years. Dr. James Andrews has just now stepped-up to the plate. “He’s had enough.” “Dr. Andrews is the father of modern sports medicine and one of the most influential figures in the world of athletics. In his new book (2013) ‘Any Given Monday’, he distills his practical wisdom and professional advice to combat a growing epidemic of injury among sports’ most vulnerable population: its young athletes.”

It appears, from this Journalist’s opinion that Dr. Andrews in his new book, ‘Any Given Monday’ (Jan 2013) has called out:

  • Doctors, who have failed Child and Youth Athletes because they have failed to initiate an Awareness Campaign against Preventable, Not-Accidental sports injuries and deaths
  • Parents, Guardians and Coaches, who have pushed and punished Child and Youth Athletes beyond their physical and emotional limits causing or allowing to be caused directly or indirectly Preventable, Not Accidental Overuse and other injuries. [Athlete Safety 1st, http://www.cappaa.com/]

What do Coaches, parents and doctors of child and youth athletes have in common? They often share the responsibility for child and youth athletes’ protection and, likewise, their injuries and deaths.

Coaches and parents are caretakers according to child protection laws, when child athletes are in their care, custody and control.

Responsibility matters. Doctors are responsible for the diagnosis and treatment of athlete morbidity. Medical examiners and coroners are responsible for examination of deceased child and youth athletes following Sports, Recreation and Exercise (SRE) mortality.

All three groups are responsible for reporting the following serious injury or death circumstances:

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.

The following are examples of the potential consequences when Child Athlete Abuse Syndrome is Covered-up and Not-Reported: The Judge ruled Tuesday, July 30, 2013, that Penn State’s then-president Graham Spanier, retired university vice president Gary Schultz, then-athletic director Tim Curley will be tried on charges of cover-up, perjury, obstruction, endangering the welfare of children, failure to properly report suspected abuse, hiding evidence from investigators and lying to the grand jury, and conspiracy from the case against Coach Jerry Sandusky, a former Penn State assistant football coach, who was convicted for sexually preying on and abusing boys. [By Tim Polzer, July 30, 2013 Sports Illustrated Wire]

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 should summons all Doctors and Health Care Personnel into action for the Awareness and Prevention of these Child Athlete Preventable, Not-Accidental morbidities and mortalities.

At any given time, one or another of the three adults might be blameful. All three are mandated reporters in most of the United States. This publication’s 3 main objectives are to:

  1. Prevent Child Athlete Abuse Syndrome (CAAS) and Cruelty to Child and Youth Athletes, who participate in Sports, Recreation and Exercise (SRE)
  2. Promote Athlete Safety 1st
  3. Prevent Criminal and Civil Risks for “Problematic Coaches” who don’t know their legal relationship with Children who participate in SRE

These objectives are to be accomplished by utilizing Education, Teaching, Scholarship, Research, Advocacy and Legislation.

“Problematic caretakers” will continue maltreating and abusing athletes as long as they believe they can get away with it.

Most individuals have a clear understanding of the meaning of violence.

But the laws, policies and practices that are in place to protect children outside of sport are not always applied to organized SRE play. Within certain sports, there are a variety of definitions and situational circumstances that distort the meaning of the word, violence.

“Violence in sport can be defined as behavior that causes harm, occurs outside of the rules of the sport and is unrelated to the competitive objectives of the activity.” [2.] That is the definition by sports concerns.

Violence against children is universally defined and superior to sports. Let’s be clear from the beginning. Child Athlete Abuse Syndrome and Cruelty to Children in SRE is medical doctor business. They should summons all doctors for awareness and prevention of Child Athlete morbidity and mortality.

If “problematic coaches and parents” are the culprits, their unlawful behaviors should trigger Forensic Medicine Investigations immediately following the incidents.

Child is defined as a human less than the age of majority, usually 18 years in each United State. The United Nations define youth as persons between the ages of 15 and 24.

UNESCO understands that young people are a heterogeneous group in constant evolution and that the experience of ‘being young’ varies enormously across regions and within countries.” Minor Youth would be age 15-18. [3.]

When Child is used in this publication, minor youth are also implied. Coaches, Parents, Guardians and every Caretaker cross the line, when they cause, create or allow others to cause or create, directly or indirectly, circumstances that push and punish Child and Youth Athletes beyond their Physical and Emotional Limits and perpetrate Sexual Abuse.

Doctors and Health Care Personnel cross the line when they cover-up or fail to document and Report Forensic Histories, Physical Examinations and Treatments for Child Athlete Abuse Syndrome. Doctors and Health Care Personnel risk Criminal Charges for Failure to Report Child Abuse and potential Civil Law Suits, when unreported Child Abuse escalates because it was not reported.

All Reporters have immunity to HIPPA laws and anonymity from their identity disclosure. Child Athletes and Youth Athletes, less than 18, are Children first and Athletes second participating in SRE during every nanosecond. Child Athletes (<18) are defined and governed by their Age of Minority, not the activity in which they participate.

“No Sport is a Kingdom unto its own,”…. “No one is above the Law.” said former Secretary of State and avid Sport Fan, Condeleezza Rice. [11.]

The Code of Silence in Amateur Sports from administrations down to Coaches is nothing but a cover-up for bad Coaching behaviors and Child Athlete dangers. For example: The Case of the Penn State alleged cover-up will be tried later this year (2013)

Every Child is covered by the Umbrella of Child Protection Law on every inch of ground, and every venue, during every nanosecond of time. That Umbrella is passed from Caretaker to Caretaker as Children pass from one venue to another. Children are never without the Umbrella of Child Protection Law, until they reach the age of adulthood, 18 in most United States.

Child and Youth Athletes Do Not relinquish their Human Rights to the Coach, School, Athletic Association or anyone when they sign-up to participate in Sports, Recreation and Exercise.

There are 2 different groups of Amateur Athletes under consideration i.e. Children and Adult Athletes.

This report is about Child Athlete Abuse Syndrome, but most of the content it is applicable to Youth and Adult Athletes.

All Coaches of Child Athletes, age less than 18, are Temporary Substitute Caretakers of Children, while the Children are in the Care, Custody and Control of the Coach during their participation in Sports, Recreation and Exercise.

Child Abuse Statutes and other Legal Statutes in Adult Criminal Court are applicable, depending on the state court. In some states complex issues can be tried in both Family and Adult Criminal Courts simultaneously and it is not double jeopardy. For example in KY see KRS 620.120.

However, children victims and witnesses have Rights in Court. Children should not testify in public, photographed and videotaped court rooms for many reasons.

Conversely, Adult (>18) Amateur Athletes in Sports Recreation and Exercise, College, Olympics and elsewhere enter into a Fiduciary Trust Standard of Care when they commit to play-for and provide-their-athletic-abilities in exchange for their Participation with Proper Care, Safety, Welfare and possibly Education. Legal Statutes in Adult Criminal Court are applicable.

Problematic Abusers will continue maltreating and abusing as long as they believe they can get away with it.

Unfortunately the Will to Enforce the Law is the greatest Prevention and Deterrence of Child and Youth Athlete Abuse.

Prevent Child Athlete Cruelty and Abuse. Stop Coaches, Parents and Doctors from Crossing the Criminal and Civil Lines. U.S REP. GEORGE MILLER ASKED GAO TO INVESTIGATE YOUTH ATHLETIC CLUBS’ CHILD ABUSE ALLEGATIONS And Expand Investigation into Child Abuse Reporting Laws to Include Athletics, Extracurricular Activities

Everyone, including Doctors, Parents, Health Care Personnel, Coaches, and the entire Athletic Community will report and Pre-Pubescent and Adolescent Children will self report Child Athlete Abuse Syndrome, not delay, once they understand Child and Youth Athlete Rights, which will be made “Crystal Clear”, under the new amended 111-320 Public Law and once it becomes Public Policy following promulgation, announcement and dissemination. [U.S. Rep Miller asks GAO to Expand Investigation into Child Abuse Reporting Laws to Include Athletics, Extracurricular Activities Jun 18, 2013 Issues: Labor, Wages and Benefits Committee on Education and the Workforce http://democrats.edworkforce.house.gov/press-release/miller-asks-gao-expand-investigation-child-abuse-reporting-laws-include-athletics ] [ http://www.cappaa.com/u-s-rep-george-miller-d-calif-asked-gao-to-investigate-youth-athletic-clubs-child-abuse-allegations ]

“Parens Patriae” 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 Etymology of “Parens Patriae” is from Latin meaning Government is “Parent of the Nation”

“Parens Patriae” doctrine is the legal framework for the Special Standard of Child Care STATES MUST COMPLY WITH FEDERAL LAW, CAPTA 2010

  • State Child Abuse Performance Procedures and Actions should reflect CAPTA 2010 because of the Federal Funds and Grants received by States
  • States are mandated to alter their powers, duties and management functions satisfying CAPTA 2010 compliance with the purposes for which the Federal Funds and Grants are made available to States by Federal Law. Federal Funds are contingent on States following the Definitions and Guidelines of the U.S. Federal government. Specific interpretations are the responsibilities of each state based upon each state’s unique citizenship, culture, conditions and environment.

◙ In U.S., the State is the “Supreme Guardian” of all Children but must satisfying CAPTA 2010 compliance with the purposes for which the Federal Funds and Grants are made available to States by Federal Law

◙ If Parents, Guardians and Substitute Caretakers such as teachers and Coaches are Unable, Unwilling or Fail to Protect their Children or other Children when they are in the custody and control of Substitute Caretakers like Coaches:

◙ State Government has the Sovereignty for Child Welfare and Protection; the power and will Protect Child Safety and ensure proper Child Care

◙ State Sovereignty has the power / authority to take action to Protect Children from harm. [46.]

◙ Tripartite Relationship = PARENT + CHILD + STATE

◙ “Parens Patriae” Balances the Rights and Responsibilities among Parents-Child-State as guided by Federal Laws

◙ The Umbrella of Child Protection follows children wherever they go; in every venue Same Tripartite Relationship exists for the Coach Coach-Caretaker + Child-Athlete + State

◙ It is Permissible for the Coach-Caretaker to use His/Her Methods of Coaching children in Sports, Recreation and Exercise (SRE):

◙ Providing the Coach complies with the Special Standards of Care issued by State for a Child

◙ The Tripartite Coach-Caretaker + Child-Athlete + State Relationship is In Effect during Practices, Camps, Over-Nights, Travel Teams, Closed Practices. (These are the “Be Vigilant for Parents and Guardians Venues”)

◙ For Children the Supreme Power of the State following Federal CAPTA 2010 mandates are in Effect On Every inch of Ground, Every Second of Time in the United States [ http://www.cappaa.com/save-child-athletes-from-cruelty-and-abuse ] [ http://www.cappaa.com/category/child-athlete-abuse-syndrome ] [ http://www.cappaa.com/save-child-athletes-from-cruelty-and-abuse ]

References:

  1. Child Athlete Abuse Syndrome: Medical-Legal and Forensic Definition http://www.cappaa.com/child-athlete-abuse-syndrome-medical-legal-and-forensic-definition
  2. Conversation with Paul Melia and Karri Dawson live, beyond the Cheers
  3. UNESCO
  4. Surgeon General’s Workshop on Making Prevention of Child Maltreatment a National Priority: Implementing Innovations of a Public Health Approach, Surgeon General’s Workshop Proceedings Lister Hill Auditorium, National Institutes of Health, Bethesda, Maryland March 30–31, 2005
  5. The Great Football Coach (Or Basketball Coach) research paper. by Micheal B. Minix, Sr., M.D.
  6. TRUE SPORT LIVES HERE – Anastasia, G. // George, D
  7. WOMEN’S SPORTS FOUNDATION – Addressing the Issue of Verbal, Physical and Psychological Abuse of Athletes: The Foundation Position

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PATHOLOGICAL IMPACT OF BRADSHAW COACHING ON THE 1961 UNIVERSITY OF KENTUCKY FOOTBALL CLASS       link: http://www.cappaa.com/1962-university-of-kentucky-football-athlete-abuse-survey

FIRST 2008 SURVEY RESULTS:

  1. Psychological Athlete Abuse Survey:

The Psychological (Emotional) Athlete Abuses, at the hands of Charlie Bradshaw and his assistants, that were sustained by the last team recruited by Coach Blanton Collier and his assistants, was Post Traumatic Shock Reaction (Disorder), a condition similar to that of Vietnam veterans, according to 2 psychologists close to the University of Kentucky football program in 1962 and professionally experienced with Vietnam veterans.

Their concerns prompted us to survey our 1961-1962 University of Kentucky freshman team. 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

100% of the players who responded to the survey and who from recollections of their football experience in 1961-1962 manifest some degree of Post Traumatic Stress Reaction (Disorder) from the physical and psychological athlete abuse from Charlie Bradshaw and assistant coach perpetrators. 100% suffered verbal and psychological (emotional) abuse. Other more serious emotional conditions were evident but not surveyed.

  1. Physical Athlete Abuse Survey

The total population of players on the 1961-1962 University of Kentucky Freshman Football Team was _____48______ at the beginning of the 1961 Fall season.
A total of ___47__players were mailed the questionnaire. One of the players was never found.
47 of 48 (97.9%) of the players or their families were contacted and provided with study questions.
A total of ______24______players responded to the study questionnaire.
_____1___ player was excluded because of random error.
A total of ____23_____players made up the sample population included in this study.
100% of the players were Caucasian.
The average age was ____18 ____ in 1961-1962.
100% of the players were male.
Their religious affiliations were not determined in this survey study.
___63__%__(30 players)__of the original 48 players were from Kentucky.
____37__%__(18 players)__were from outside Kentucky.
A total of ___55_____% team replied with answers to the questions.
A total of ____45____% team did not reply with answers to the questions.
A total of ____20_____% of team families replied with answers to the questions for their deceased member, because they knew the answers. They only answered the questions they knew.

Of the population sample of players who replied to the questions the following were the results:

A total of __100____% of the players in this sample met at least one positive coaching abuse criterion as described in the method. Every player who answered received multiple forms of abuse.

“The physical abuse was so common place (20+ times per player per practice) ……..it seemed the Coaches were gunning for them”, one player said.

100% of the football athletes received no water during conditioning, work-outs and practices.

A total of __21____% were struck by a coach’s fist, or punched one or more times.
__26____% forearmed by coaches one or more times in the face.
___9___% kicked by the coaches one or more times.
___4___% teeth were broken by the coaches fists
___13___% received broken or injured bones
___13___% were head butted by the coaches one or more times in the face.
A total of ___61___% received no medical attention for their football injuries that occurred during practice one or more times. .
A total of ___52___% played while they were injured.
A total of ___52___% had improper medical or surgical treatment
A total of ___9___% were told according to a second opinion that their treatments were improper by the team physicians at the University of Kentucky.
In addition ___30____% offered additional coaches’ mistreatments that were not asked in this survey.
In addition ___9____% offered additional coaches’ physical abuse not asked as a question in this survey study.

Male life expectancy hit a record 75.2 years in 2004, the federal Centers for Disease Control and Prevention recently announced.

13 of the 1961 Freshman team members, continued with Bradshaw in the Fall of 1962, according to football program.

One freshman, the last player signed by Coach Collier in late December, 1961, who enrolled in the Spring Semester, January 1962, continued with Bradshaw in the Fall of 1962 as a red shirt.

Another player was attending school on football scholarship but not playing football and not a member of the team in the Fall of 1962. He finished UK having never played football under Bradshaw in an agreement facilitated by basketball head coach, Coach Adolph Rupp.

Only 10 players from the 1961 freshmen team of the 13 were included in the Thin Thirty team picture.

2 Thin Thirty 1961 Freshman who remained with Bradshaw are deceased. Both suffered fatal heart attacks.
4 “Pullout” 1961 Freshman who did not continue with Bradshaw in the Fall of 1962 are deceased.

Football players are generally in good physical condition. Most college football players are taken care of well. Among the 8,961 pro-football players born in the last 50 years, at least 130 are already deceased.

Among 4,382 professional baseball players, 31 are known to have died. That means 1 in every 69 football players is deceased compared to 1 in every 154 baseball players.

14 % of the pro-football players born in the last 50 years are deceased = 1 / 69

11.4 % of the last team recruited by Coach Blanton Collier are deceased. = 12 / 105 players. 6 Upperclassmen and 6 freshmen in the fall of 1961.

27 % of The Thin Thirty are Deceased = 8 / 30
These include both freshmen and upperclassmen.
Their ages now would be about 65-66. (when published 2012)

30 % of The Thin Thirty Upperclassmen are deceased or = 6/20

12.5 % Of the 1961 UK Freshmen Football team are deceased. These include The Thin Thirty Freshmen members + Freshmen “Pull Outs” = 6 / 48

20 % of The Thin Thirty freshmen are deceased = 2 / 10

10.5 % of the “Pull Out” freshmen are deceased = 4 / 38 The percentage deceased for The Thin Thirty Freshmen, who remained with Bradshaw the 1962 season was near double The “Pull Out” Freshmen football players.

THE 2nd SURVEY STUDY RESULTS

The total population of players on the 1961-1962 University of Kentucky Freshman Football Team was _____48______
A total of ___47__players or their families, if the player was deceased, were mailed the questionnaire
_________1_______player was not found.
A total of ______31______players responded
_____1_______ random error was excluded.
A total of ____30________players were included in this survey study sample population.

The following were the questions and how they were answered:
Would you want you son to play football for a coach like Charlie Bradshaw as Bradshaw behaved in 1962 ?

Yes________ No______97%______
No son ____ 3% or 1 / 30_______

Have you forgiven Charlie Bradshaw for mistreating you?

Yes___46.5 % ____ No___50 %____ N/A___3.5 %__

Are you working on forgiving Charlie Bradshaw?
Yes___14.8%____ No____51.9 % _____

ince Bear Bryant, the 2 winningest University of Kentucky Football coaches are Bear Bryant and Blanton Collier. Coach Blanton Collier is winningest coach against Tennessee.

  • “Coach Bear Bryant coached Kentucky 1946-1953 seasons. He compiled W-60 L-23 T-5 record in 8 years. “Bryant’s 60 victories are still a UK football record for head coaches. Bryant UK W-68.18%.
    • Bryant UK vs Tennessee W-1 L-5 T-2
    • “Blanton Collier coached UK 8 years and compiled W-41 L-36 T-3 1954 to 1961.
    • Coach Collier is the winningest coach against Tennessee W-5 L-2 T-1.
    • Coach Blanton Collier Career at UK W-51.25%
    • Coach Blanton Collier Career at Cleveland Browns (after UK) W-76 L-34 T-2 W-69.1%
    • Coach Rich Brooks W- 45.3% Coach Joker Phillips W- 35.1%

Charlie Bradshaw (who followed Coach Collier at UK) won 38.6% of his games during his tenure as head University of Kentucky football coach. [Official Site University of Kentucky Wildcats]

_______________________________________________________________________________________

Might The Safe Sport Act Not Stop Child Olympian Sexual Abuse, because it has distanced itself for the conventional Multidisciplinary Team and States’ Sovereign Intervention approach?

t’s a new regime.” That’s how Nancy Hogshead-Makar, the CEO of Champion Women, describes the sweeping changes mandated by the recently passed Safe Sport Act. Aimed at protecting athletes from sexual abuse, the legislation comes in the wake of numerous, highly publicized accusations against a former doctorwith USA Gymnastics.

“It took a federal statute, S.534 Law, Safe Sport Act,  to get the Olympic Committee to change.”

That statute is known as the Safe Sports Act mandates certain protections for young athletes, especially in cases of sexual abuse accusations.

The law requires that all youth sports organizations report sexual abuse allegations to local law enforcement.

Previously, governing bodies like the USAG, the USOC, and the many youth sports organizations associated, usually ignored local aw enforcement and handled such cases internally.

With the Safe Sports Act, it’s now a crime to adjudicate sexual abuse accusations in-house without reporting to the police within 24 hours.

Additionally, victims of sexual abuse are to be compensated with a mandatory minimum of $150,000, and the statute of limitations will be extended. With the Safe Sports Act, that countdown won’t start until a person recognizes that they’ve been abused. That’s key, because as too many victims have discovered, abuse doesn’t always register as such right away.

The new legislation also creates an independent body called SafeSport, which will be responsible for ensuring compliance and investigating complaints.

SafeSport will be provided with a $1 million annual budget, and due to its outside status, should bring far less bias into investigations of abuse.

Before the Safe Sport Act, Hogshead-Makar says the USOC depended on “no duty” rules. Legally speaking, she says that meant as long as they stayed completely out of any situation involving accusations of abuse, they couldn’t be held liable“The less they did, the less likely it was that a court would hold them responsible for sexual abuse,” she tells Bustle.

But with the passage of the Safe Sport Act, Congress has now taken that option away, making everyone involved responsible for addressing sexual abuse that occurs on their watch.   [How The Safe Sport Act Could Stop The Next Larry Nassar By Jessicah Lahitou, Jan 2018]