U.S. SENATE BILL 1877 (2011-2012) NEEDS ADDITIONAL AMENDMENT LANGUAGE

Proposed Amendment MBMSrMD Athlete Safety 1st New Language Capitallized: (A) any recent act or failure to act, on the part of a parent or caretaker, “INCLUDING COACH SUBSTITUTE CARETAKERS OF SCHOOL AND NON-SCHOOL SPORTS, RECREATION AND EXERCISE”, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm; or

Proposed Sen Casey and Boxer Amendment Language Capitalized S. 1877 (B) >ANY DELIBERATE ACT<, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child.' (A) Proposed Amendment MBMSrMD Athlete Safety 1st Not on Committee Table with (B) Proposed Sen Casey and Boxer Amendment S. 1877, but has been recommended to Committee Members for addition. ____________________________________________________________ There are 2 Proposed Amendments to Child Abuse Prevention Reauthorization Act 2010 Public Law 111-320. • Senate Bill S.1877, named “Speak Up to Protect Every Abused Kid Act” that was introduced Nov. 2011 by Senators Robert Casey (D. Pa.) and Barbara Boxer (D. Ca.) which now Feb 3, 2012 is in Senate Health, Education, Labor and Pensions Committee which I support. Its On the Committe Table. • Additional Proposed Amendment-to Senate Bill 1877 (for purposes of identification and separation called MBMSrMD, Athlete Safety 1st Amendment)., Its Not On the Committe Table, but forwarded and recommended to S/ 1877 Senate Committee Members. • CAPTA Amendment - S. 1877 - Casey and Boxer Language between brackets < > and Capitalized on the Committee Table

• and MBMSrMD Athlete Safety 1st language is between * * and Capitalized. Not on committee Table

With both the current S. 1877 language changes by Casey and Boxer and MBMSrMD, Athlete Safety 1st Amendment the Bill would read:

(2) the term `child abuse or neglect’ means, at a minimum–
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(A) any recent act or failure to act, on the part of a parent or caretaker, “INCLUDING COACH SUBSTITUTE CARETAKERS OF SCHOOL AND NON-SCHOOL SPORTS, RECREATION AND EXERCISE”, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm; or

(B) >ANY DELIBERATE ACT<, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child.'. Child Athletes,~ 45,000,000/year, • are the largest Child Health Disparity Population • with ~8,000 Child Athlete U.S. ER visits per day, • ~4,000 secondary to injuries and deaths that are Inherent and Natural to the games played by Athletes • that are Not Preventable and Accidental • and ~4,000 secondary to injuries and deaths that are NOT Inherent and Natural to the games played by Athletes, • that are Preventable and Not-Accidental secondary to Physical, Emotional and Sexual Abuse and Human Rights violations • during Care, Custody and Control of Coach-Substitute-Caretakers, • who haven’t been taught their precise Substitute-Caretaker Role in Sports, Recreation and Exercise. because it has not been properly authored, published, promulgated and issued in Child Protection Law • Therefore, some Coaches become Problematic Coach-Substitute-Caretakers that inflict, cause or create or allow to be inflicted, caused, or created Preventable and Not-Accidental morbidities and mortalities derived from Physical, Emotional and Sexual Abuse and Human Rights violations For Details of MBMSrMD Athlete Safety 1st Amendment Details see 35 minute Pod Cast: http://www.athletesafety1st.info The following are references about U.S. minority populations size that are totals for both adults and children for comparison to the size of ~45,000,000+ Child Athlete Population. These numbers substatiate that Child Athletes are the largest Child Health Disparity Population in comparison. In the United States, 38.1 million people identify as African-American or black, both Adults and Children—12.4 percent of the U.S. population. [Fact Sheet, Poverty and Hunger among African-Americans, February 2011] Among racial and ethnic groups, Hispanics grew by 3.1 percent to 48.4 million both Adult and Children and Asians Adult and Children increased 2.5 percent to 13.7 million. They now represent about 15.8 percent and 4.5 percent of the U.S. population, respectively. Blacks, who make up about 12.3 percent of the population, increased less than 1 percent last year to 37.7 million Adults and Children. New Census estimates show minorities added more than 2 percent in 2009 to 107.2 million people, boosted by a surge in Hispanic births and more people who described themselves as multiracial. During this time, the white population remained flat, making up roughly 199.9 million, or 65 percent, of the country. By comparison, whites comprised 69 percent of the total population in 2000, and minorities 31 percent. [U.S. Minority Population Could Be Majority By Mid-Century Census Shows HOPE YEN 06/10/10] "Disparities in health exist not only for adults, but for children and adolescents as well. Poor and minority children—especially Black and Latino* children—continue to lag behind White and affluent children in almost every health indicator. However, the majority of the current research is concentrated on addressing disparities in health care for adults. Consequently, we know little about children’s health disparities or how to eliminate them. What is known is that disparities persist in the rates of infant mortality, immunizations, asthma, dental care, lead poisoning, and obesity, to name a few of the conditions that affect children. These conditions impact many aspects of children’s development and functioning; some effects occurbefore birth, continue through adolescence, and often last a lifetime." [IMPROVING CHILDREN’S HEALTH, Understanding Children’s Health Disparities and, Promising Approaches to Address Them, Children’s Defense Fund Washington, D.C. 2006] ____________________________________________________________________ More Detailed Descriptions of the 2 amendments There are 2 Proposed Amendments to Child Abuse Prevention Reauthorization Act 2010 Public Law 111-320 (CAPTA). • Additional Proposed Amendment-to Senate Bill 1877 and CAPTA (for purposes of identification and separation called MBMSrMD, Athlete Safety 1st Amendment) Recommended for addition to S. 1877 Language to follow. • Senate Bill S.1877, named "Speak Up to Protect Every Abused Kid Act" that was introduced Nov. 2011 by Senators Robert Casey (D. Pa.) and Barbara Boxer (D. Ca.) which now Feb 3, 2012 is in Senate Health, Education, Labor and Pensions Committee which I support. Senate Bill. 1877 Proposed Changes in to CAPTA 2010 Public Law 111-320 A. New Proposed Language of S. 1877 In addition to the current definition of child abuse in the law, child abuse or neglect would also be defined to include *any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child*. In place of the language italicized in section I above, the Governor of each State would be required to certify that the State has provisions or procedures for an individual to report “suspected or known [in place of known “and” suspected] incidents of child abuse or neglect > to a State child protective service agencies (sic) or to law enforcement agencies<, which shall include a State law for mandatory reporting of > such incidents, to either type of agency, by any adult.< (Language making a change to current law is indicated in vrackets > < in S.1877). The four main changes made in the law introduced by S. 1877 amendments thus include: 1. An expansion of the definition of child abuse to include > any deliberate act<, on the part of an individual other than a parent or caretaker that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm;” 2. Inclusion of mandatory reporting of abuse by > non-parents and non-caretakers< when a “deliberate” act results in serious harm to a child; 3. A requirement that states provide a system allowing reports of abuse or neglect be made to both the child protective service agency > and law enforcement agency<, whereas current law only requires states provide a system for reporting to the child protective service agency; 4. A requirement that mandatory reports of child abuse be made “> by any adult<.” MBMSrMD, Athlete Safety 1st recommends an Additional Amendment to S. 1877 and CAPTA 2010, Public Law 111-320 that would be added to the language in S. 1877. The exact MBMSrMD, Athlete Safety 1st Amendment wording is capitalized below: SEC. 3. Geneal Definitions. In this Act— 1. the term ‘Child’ means a person who has not attained the lesser of— A. the age of 18; or B. except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides; 2. the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, “INCLUDING COACH SUBSTITUTE CARETAKERS OF SCHOOL AND NON-SCHOOL SPORTS, RECREATION AND EXERCISE”, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm; Volunteer and employed, compensated and non-compensated, school and non-school amateur Coaches do not understand their Role as “Coach-Substitute-Caretakers” in SRE. Amateur Coaches of school and non-school Child Athletes are “Coach-Substitute-Caretakers” and have a duty to provide care as Caretakers while they have custody and control of Child Athletes during SRE participation as substitutes for their Primary Caretaker Parent, Legal Guardian or Custodian. This Coach’s Role has been confirmed by the U.S. Surgeon General and the Kentucky Department of Community Based Services and Child Protective Services during my C.A.R.E. (KY Child Abuse Recognition Education) training, but not properly authored, promulgated and published in the CAPTA 2010 Law as described in this Pod Cast. The 35 minute Pod Cast http://www.athletesafety1st.info describes in detail a Proposed Amendment to The Child Abuse Prevention and Treatment Reauthorization Act 2010. U.S. Public Law 111-320 that will make the current Legal Role of the "Coach-Substitute-Caretaker" " Crystal Clear" with this appropriate amendment to the current caretaker definition language, Section 3 Paragraph 2. MBMSrMD, Athlete Safety 1st Amendment in addition to S 1877 to CAPTA 2010 Public Law 111-320 should be enacted into Law. My proposed Amendment has a positive outcomes for all concerned parties and would: • Make the Role of “Coach-Substitute-Caretaker” “Crystal Clear” when included and authored in CAPTA 2010 ▪ Increase Awareness for Athlete Safety 1st • Promote Child Athlete Protection, Supervision and Safety during Sports, Recreation and Exercise (SRE) participation • Raise Awareness and Prevent all types of Child Athlete Physical, Psychological, Sexual Abuse, now Epidemic • Prevent Cruelty to Child Athletes • Reduce Child Athlete Abuse Syndrome (CAAS) Injuries, Deaths and Damage and their U.S. Health Care Burden, See CAAS: http://www.athletesafety1st.com • Reduce the number of Problematic Abusive Coaches • Prevent the Blindsiding of Coaches with Criminal and Civil Litigations because of their incomplete knowledge of their Coaching Code of Conduct and their Role as COACH-SUBSTITUTE-CARETAKER. Litigations will soon become epidemic without this amendment. ▪ When the Role of “Coach-Substitute-Caretaker” is “Crystal Clear” and included within the definitions of CAPTA 2010, the enactment of one Law for one type Child Athlete Abuse at a time, a disservice to all other forms of Child Athlete Abuse with other Pathologies, would be eliminated. ▪ Enforcement of all unlawful Coexisting Child Athlete Abuse Morbidities and Mortalities Address the Entire Child Abuse Syndrome problem ▪ Federal Control over Child Athlete Abuse would be eviscerated when Cherry Picked rather than directly recognizing and addressing the problem, the Problematic Coach Substitute Caretaker, who is the perpetrator of the current Child Athlete Sexual Abuse despicable shameful, outrageous epidemic and other types of Child Athlete Abuse. ▪ No Abused Child Athlete Should Be Left Behind

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