SAFE SPORT ACT SHOULD BE REPEALED, AMENDED, CONSOLIDATED WITH OTHER DIFFERENT LAWS

SUMMARY May 16, 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 (SSA) and Center for Safe Sport (CSS). Please see Curriculum Vitae;  http://www.cappaa.com/micheal-b-minix-sr-m-d-cv-sports-work-history

Following are a few ”pearls’ regarding SSA/CSS before the Child Athlete Abuse Injury Statistics.

1. 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.

2. 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.

3. The United States now has a Children’s Sports, Recreation, Exercise and other Extracurricular Activities (SREOA) Injury Epidemic.

4. 8,000 Child Athletes each day are treated in Emergency Departments. 50% (~4,000) are Not Accidental and Preventable i.e. Heat Stroke from Water deprivation, Concussion Mismanagement, Sickle Cell Trait Sudden death, Cheerleading Catastrophic injuries etc.

5. The Epidemic is defined and called: ‘Child Athlete Abuse Syndrome Epidemic’. The language for CAAS is the ICD-10 medical diagnostic Code.

6. In order to Cure and Prevent an Epidemic, the Epidemic has to be named, so that entire Sport Community is on the same page, including Risk Management Companies who insure schools, leagues, organizations etc.

7. Former Secretary of State, Condeleezza Rice. said, “No Sport is a Kingdom unto its own”. “No one and no Sport is above the Law” regarding the Penn State Athlete Sexual Abuse Tragedy, Interview on CNN State of the Nation, Candy Crowley Nov 20, 2011]

8. In the past Sports have mistreated and abused Athletes because they felt they were “Kingdoms unto their own” impervious to outside interference by the Rule of Law.

9. Sports Organizations and Coaches Only had to abide by High School Athletic Association, NCAA, league, organizations and federations rules of play to sustain their participations, which are not the Rule of Law

10. In order to address the Child Sexual Abuse Injury Epidemic, Congress passed a poorly drafted law. The Safe Sport Act and the Center for Safe Sport created by the new law appear to be united in a “Kingdom Unto their Own”, with passing, scant, familiarity about Child Abuse Prevention and Treatment Act (CAPTA) 2010.

11. CSS appears to be an organization, that can filter suspected Child Sexual Abuse reports, as instructed directly reported to them first, before the CSS decides to report it to law enforcement in 24 hours,  a preposterous proposition.

12. “For Safe Sport Act and Center for Safe Sport Federal jurisdiction to exist, the individuals and organizations described in the Safe Sport Act legislation must somehow be engaged in interstate commerce or its activities” which is beyond reach for Child Athlete Abuse Syndrome, according to previous ‘helds’ (rulings) of the SCOTUS.

13. “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 Violence in Gun-Free School Zones Act of 1990 “marked the first time in half a century that SCOTUS held Congress had overstepped its power under the Commerce Clause” and was unconstitutional. [Bill of Rights Institute]

14. 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.

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

16. The Center for Safe Sport has investigative, prosecutorial, judge, jury and sentencing unfettered power, not controlled, limited, prevented or directly and firmly overseen by anyone or any body of law. [unfettered power Cambridge Academic Dictionary]

17.The CSS only supervision is an annual report: ‘§ 220543. Records, audits, and reports ‘‘(a) RECORDS.—The Center shall keep correct and complete records of account. ‘‘(b) REPORT.—The Center shall submit an annual report to Congress. Enormous unjust, irreparable injury to victims and perpetrators can occur in a year.

18. The Safe Sport Act (SSA) and Center for Safe Sport (CSS) do 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

  • 1,350,000 (1.35 million) Child Sport Injury were treated in Emergency Depts (ED) 2012
  • 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. ]
  • >2,600,000 (2.6 million) Child Sports Injuries, age 0-18 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 are Preventable, and Not Accidental, {{{ mbmsrmd which are 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 ~ 1,300,000 (1.3 million) children injuries, 0-18 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 Center for Safe Sport, Senate Bill 534, which became law 2018 and “The Protecting Young Victims from Sexual Abuse Act of 2017:

  • The power of federal lawmakers is broad, when the Commerce Clause is utilized, when legislatively drafting a new law, but the power from 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.
  • SSA / CSS Law primarily Protects Child Amateur Olympian Athletes against the risk for Child Sexual Abuse in Olympic Sports
  • but no other type of Child Athlete Abuse Syndrome i.e. Physical, Psychological, Civil Rights Violations unless linked “on the windy side of the law,” [President Carter favorite] to the Commerce Clause
  • and in no other ICD-10 Sport, Recreation, Exercise, Other (SREO) Activity
  • and no other Risk for Injury Activity, which might require a Doctor (when a perpetrator ICD-10 YO7.52)
  • and no other Supervisor, Teacher, Coach, (when a perpetrator ICD-10 YO7.53)
  • ∴ SSA / CSS Law does not address the entire Child Amateur Athlete Abuse Syndrome Epidemic 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
  • SSA / CSS primarily provides protection of Child Amateur Olympian Athletes under the auspices of national governing bodies (NGB), paralympic sports organizations (PSO), facilities under the jurisdiction of a national governing body or paralympic sports organization…….repeated over and over again in the law
  • The majority of the provisions of this new SSA / CSS law are not for the protection of ALL 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]
  • In an ambivalent attempt to be more inclusive, but under the auspices of NGB and PSO:      ‘‘§ 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
  • In an ambivalent attempt to be more inclusive, but under the auspices of NGB and PSO: ‘§ 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 SSA and CSS are meant to prevent ‘Youth’ Olympian Sexual Abuse through training, oversight, practices, policies, procedures, prevention training, prevention policies, and mandatory reporting with implementation by National Governing Bodies (NGB) or Paralympic Sports Organizations (PSO)
    1. providing that SSA / CSS defined individuals and organizations, who interact with the Child Athletes are linked to interstate and/or international commerce
    2. even though the Child Amateur Athletes under consideration are suspected victims, Sport Violence
    3. aka Child Athlete Abuse Syndrome, a Forensic Medicine condition
    4. 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. [SCOTUS Chief Justice Rehnquist]
    5. United States v. Morrison529 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.
    6. [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]
    7. “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].

“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]

The purpose of this report is not to rank Child injury importance and treatment. All Children’s Injuries, Physical and Psychological Maltreatment and Endangerment, and 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, We strive for equal protection of all Child Athletes.

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

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

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

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

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

“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) and Center for Safe Sport (CSS) should either be legislatively repealed and replaced or be legislatively amended and consolidated, combining actions of the following laws

  • The Victims of Child Abuse Act of 1990,
  • Ted Stevens Olympic Amateur Sports Act of 1978,
  • Child Abuse Prevention and Treatment Act, CAPTA 2010, P.L. 111-320 (first authorized 1974)
  • The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA)
  • 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.
  • with 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;

The Safe Sport Act (SSA) and Center for Safe Sport (CSS), which became law following enactment of  Senate Bill 534, February 2018, have fundamentally good objectives. The problem is the law was accomplished inappropriately.

We advocates strive for the same objectives: the Prevention of Child Amateur Athlete Abuse Syndrome, which includes all types Child Amateur Athlete Abuse, not just Sexual Abuse, and the Promotion of Athlete Safety 1st.

But we advocates disagree on the methods, policies and procedures to accomplish the objectives and goals.

  • Actual Population of U.S. Children in 2016  (0-17 Minor Child <18 years) 73.6 million [U.S. Census Bureau, Child Stats.gov, Child and Family Statistics]
  • Approximately 44.28 million children played one school or non-school sport in 2017
  • Nearly 60% (46 million) Children Participate in Extracurricular Activities, Census Bureau Reports, December 09, 2014 [Release Number: CB14-224]
  • Nancy Hogshead-Maker claims “Abuse is in every single sport, but we now have protection for 8 million children.”
  • Therefore, ~17% of U.S. Child Amateur Athletes are now protected by the new SSA and CSS Law
  • Cherry picking certain Child Amateur Olympian Athletes for special promulgation, prevention, protection, funding, education, investigation. litigation, justice and additional consideration by a new law are extremely problematic.
  • Therefore, 36 million (78%) Child Amateur Athletes do not receive special promulgation, prevention, protection, funding, education, investigation. litigation, justice and additional consideration by a new law
  • There are no new special promulgation, prevention, protection, funding, education, investigation, litigation, justice and additional considerations by a new law for Child Amateur Athlete Concussion Mismanagement Abuse, Exertional Heat Stroke Abuse, Sickle Cell Trait Sudden Death Abuse, Dystonia Abuse, Tommy-Johns Elbow Abuse, Psychological (Emotional) Abuse, Bullying Abuse, neglected Pre-Participation Examination Abuse, Spleen Rupture Mismanagement Abuse, Physical Assault Abuse etc. other types of maltreatment, endangerment, negligence and abuse.
  • And we advocates object to new unconstitutional laws in order to accomplish the other advocates objectives,
  • when already Constitutional solutions and laws funding mechanisms have been enacted.
  • We object to amending 2 other existing sports laws, “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.”
  • Rather than bolster the existing Child Abuse Prevention and Treatment Act (CAPTA 2010)
  • while the time honored Multidimensional Team Intervention Approach, recommended by the U.S. Department of Justice is functioning in each state, but only lacks the inclusion of Child Amateur Athletes.
  • We advocates disagree when others are willing to side-step, rather than intensify and support, the already available Multidimensional State Team Approach.
  • and disagree with hurriedly creating something ‘new’ even if it is not properly drafted and not sustainable in the long run for All Child Amateur Athletes, who are mentioned in the new law, yet not included, leading to misunderstandings, confusion and ambiguities
  • Cherry picking All Child Amateur Olympians in major sections of the new law discriminates against other victims of Child Amateur Athlete Abuse.
  • We disagree neglecting Doctors and Health Care Personnel expertise and annotations in this primary Child Athlete Abuse Syndrome Forensic Medical Epidemic,.
  • And disagree in failure to label the Epidemic accordingly Child Athlete Abuse Syndrome Epidemic.
  • An Epidemic cannot be contained without naming the Epidemic.
  • We Disagree with creating a new Federal Organization and National Governing Bodies (NGBs) to administer the Rule of Law reserved for our U.S. Sovereign Constitutional State Powers
  • SSA and CSS violate State Enumeration Powers Clause and Violate the 10 Amendment.

The SSA and CSS Law appears to be unconstitutional because the law was a product of the Federal Government’s

  1. Inappropriate expansion of the power and authority over Child Olympian Athlete Sexual Abuse by its association with the Commerce Clause. [Uses and Abuses of, Jan 18, 2011 14 by David Forte, Heritage Foundation]
  2. Violation of the 10 Amendment
  3. Violation of Enumeration Powers Clause

Several School, Non-School and Olympian Child Amateur Athletes participating in various 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 Government and enumerated powers were sovereignly granted to the states, including Child Protection and All Child Abuse Interventions.

SSA and CSS repeal and replacement and unconstitutional proceedings, in whole or part, appear to be in order.

The Tenth Amendment provides: The powers not delegated to the United States Federal Government by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; part of the Bill of Rights.

Historically, the Bill of Rights, were considered a set of amendments offered to offset the “tyranny by the central government” feared by opponents of the Constitution. 3.

The context of the Tenth Amendment suggests it is the culmination of the Bill of Rights. The last of the 10 amendments contained in the Bill of Rights, the Tenth Amendment, follows another oft-forgotten amendment, which also relates to the relationship between the federaL and state governments:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 4 [3.http://archives.gov/exhibits/charters/bill_of_rights.html.]  [4 U.S. Const. Amend. 9  [Tenth Amendment revisited, the enumerated powers clause by Albert Dale Clary and Sharon S. Whitlow]

The Safe Sports Act and Center for Safe Sports should be repealed with a re-enactment (or replacement).

The replacement should be The Multidiscipline Child Abuse intervention Act, (MCAIA) recommended for state law enforcement by the U.S. Department of Justice, supported by time-honored years of funding by the federal government and local state government experience, as a new Act for Child Athlete Abuse should have been enacted in the first place. [U.S. Department of Justice 2001 Guide to Investigating Child Abuse]

The MCAIA shall require mandated reporting by everyone with valid information within 24 hours to the County Attorney, the chief law enforcement officer in each county in every state and simultaneously to Child Protective Services (CPS) or its equivalent by another name and/or Social Services.

Mandated reporters shall have anonymity when reported and requested and immunity to violations of Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, enacted on August 21, 1996.

Multidisciplinary Team Intervention. Successful Child Athlete Abuse Syndrome intervention, including Child Athlete Sexual Abuse, is a Multidimensional problem and requires sovereign state Multiprograms, Multidisciplines and Multiagencies Team approach, recommended 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].

Multidisciplinary Team shall refer and assure the victim a mandatory Doctor history-taking interview and a recommended victim or parent/guardian right to choose physical Examination with appropriate rape kit and laboratory investigations as indicated.

“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.”

“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]

Juries value expert medical testimony. The testimony of an expert witness can lead to success or failure in cases that hinge on the presentation’s impact on a jury. [Effective Expert Witnessing, by Jack V. Matson, 2012, 204 pages]

Most rape evidence, including rape kit, needs to be collected within 72 hours to be viable, and patients are advised to either bring or wear the clothing they had on when attacked to the exam. [“What is a Rape Kit?”Rape, Abuse & Incest National Network 2009]

“”> The key federal legislation addressing Child Abuse and Neglect is the Child Abuse Prevention and Treatment Act (CAPTA), originally enacted on January 31, 1974 (P.L. 93-247).

“This Act should be amended to include The Multidiscipline Child Abuse intervention Act, (MCAIA).

“CAPTA has been amended several times and was last reauthorized on December 20, 2010, by the CAPTA Reauthorization Act of 2010 (P.L. 111-320).

Most recently, certain provisions of the act were amended on May 29, 2015, by the Justice for Victims of Trafficking Act of 2015 (P.L. 114-22) and on July 22, 2016, by the Comprehensive Addiction and Recovery Act of 2016 (P.L. 114-198), similar Acts which should be included in CAPTA., as MCAIA special circumstances should be, when special problems present themselves.

“CAPTA provides federal funding and guidance to states in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations, including Indian tribes and tribal organizations, for demonstration programs and projects, not provided in SSA and CSS.

“Additionally, CAPTA identifies the federal role in supporting research, evaluation, technical assistance, and data collection activities; establishes the Office on Child Abuse and Neglect; and establishes a national clearinghouse of information relating to child abuse and neglect. 1

“CAPTA also sets forth a federal definition of child abuse and neglect. In 2015, the federal definitions of “child abuse and neglect” and “sexual abuse” were expanded by the Justice for Victims of Trafficking Act to include a child who is identified as a victim of sex trafficking or severe forms of trafficking in persons.”

The complete text of the law (U.S. Code title 42, chapter 67) can be downloaded from the Cornell University Legal Information Institute website at https://www.law.cornell. edu/uscode/text/42/chapter-67. The text of CAPTA as amended, including the Adoption Opportunities program and Abandoned Infants Assistance Act, as amended, is available on the Children’s Bureau website at https://www.acf.hhs.gov/cb/ resource/capta2016. [About CAPTA: A Legislative History, Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: info@childwelfare.gov https://www.childwelfare.gov ]

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

Forty-nine years after the report of Battered Child Syndrome, 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, April 29, 2011, Omni Parker House, Boston, MA.

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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]