SENATE BILL 534, BASICALLY GOOD, NEEDS FURTHER AMENDMENT

  • Senate Bill 534 is now law. President Trump signed the bill late afternoon Feb. 14, 2018
  • S. 534 is like a piece of bread with peanut butter and no jelly.
  • It’s not perfect but it’s better than ‘dry bread’.
  • I am very happy it has passed, even as it is,
  • Because S. 534 is extremely important: It emphasizes:
  • Child Athlete Sexual Abuse Reporting
  • and Law Enforcement for Offenders
  • and emphasizes that “no sport is a nation unto its own. No sport, their associations and organizations are above the law”, former Secretary Condoleezza Rice.
  • and that Children are defined by their age of minority and the ‘Parens Patriae Doctrine’, not the Sport they play
  • As it is, there remain a few devils in S. 534 Federal Law’s details, which each state, in their jurisdictions, will translate and implement.
  • “S. 534 summary says, S. 534 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.”
  • A report of Child Athlete Abuse syndrome is a call for investigation.
  • Doctors and Health Care Personnel, who care for Children, who, according to history of the trauma, have been raped and sexually assaulted, whether Olympians, other athletes or not, should report the suspected incident to CPS and the State’s County Attorney, who will then collaborate, intervene, secure the Child in a safe place and secure protection against the offender, 24/7, investigate and litigate, when indicated.

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The nearly New Law, SENATE BILL 534, passed by the U.S. House and Senate, now on the President’s desk and not yet signed by President Trump, is a giant step forward Protecting Child and Youth Amateur Athlete Victims from Sexual Abuse.

No new bill is perfect and never will be, but S. 534 needs further small amendments, because our Children are our U.S. Future and the U.S. and state governments must ‘compromise across the isles’ and strive for ‘near perfect’ Child and Youth Protection.

Requiring all youth sports organizations to report sexual abuse allegations immediately to local law enforcement and continuance of existing Child Protection Laws, 34 U.S.C. 20341, CAPTA 2010 and protection and reporting provisions for all Child and Adult Amateur Athlete suspected victims are very necessary.

  • Amateur Athletic Children Teams are similar to ‘families’.
  • Coaches are given care and control of Child Athletes and become ‘Temporary Substitute Caretakers’ their legal status, in the absence of the parents and guardians;
  • Many Coaches don’t realize their legal status.
  • Governmental agencies are immune to prosecution sometimes and leave unknowing Coaches ‘hung out to dry’ with inaccurate information
  • Unfortunately, a Louisville High School Coach was the first coach ever charged criminally, later aquitted, for with the wrongful death, Physical Endanagerent, of a football player who died 3 days after practice on August 20, 2008, who collapsed, when the Heat index (HI) was 94* and the Air Quality Index (AQI) was near 106. The athlete was 15, not even old enough to drive a car. His ‘immune’ supervisors were not charged.
  • This advocate editor endeavors to save Coaches, Doctors and Parents from unlawful risks because of their unknowing and education lack concerning Child Protection Law, while at athe same time saving Child Athletes
  • Child and Youth Athletes are defined by their legal status, their age of minority, and the “Parens Patriae Doctrine”, not the activity in which they participate i.e Sport, Recreation and Exercise
  • Child Athlete Maltreatment, Sexual Abuse and Human Rights Violations should be legislated, administrated, investigated, adjudicated and litigated accordingly, but not to satisfy non-legislative, changeable Sport organizations and associations.
  • Senate Bill 534 is a good start to rectify problems like the resent Olympic tragedy
  • S.534 should abide by the legal status-of and duty-to Children, but currently doesn’t.
  • S.534 legislation is on President Trump’s desk awaiting signature, but should head back in ‘pocket’ to congress and further amendment before returned to President for signature
  • One example for additional amendment is that the new governmental organization, SafeSport, created in S.534, which could introduce bias, should not investigate Child Athlete Maltreatment, Sexual Abuse and Human Rights Violations as stated in the new bill
  • Another example, SafeSport will not have the authority to implement protective orders against sexual predators and offenders and terminate the rights of wicked predators, coaches, trainers, doctors, parents etc. who have strategically positioned themselves to harm Amateur Athletes; authority that social services, CPS, DCBS and County Attorneys currently have.
  • Furthermore, SafeSport, created in S. 534, will not have the authority to place Amateur Athletes in safe places like Social Services, CPS and DCBS on call every hour of the day. 24/7

Reviewing S. 534, Retain – TITLE I—PROTECTING YOUNG 2 VICTIMS FROM SEXUAL ABUSE 3 SEC. 101. REQUIRED REPORTING OF CHILD AND SEXUAL 4 ABUSE. 5 (a) REPORTING REQUIREMENT.—Section 226 of the 6 Victims of Child Abuse Act of 1990 (34 U.S.C. 20341)

See: 34 USC CHAPTER 203—VICTIMS OF CHILD ABUSE;  See 20341: VICTIMS OF CHILD ABUSE See:  From Title 34—CRIME CONTROL AND LAW ENFORCEMENT Subtitle II—Protection of Children and Other Persons, See SUBCHAPTER I—IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES

Retain – (d) Agency designated to receive report and action to be taken

Retain – For all Federal lands and all federally operated (or contracted) facilities in which children are cared for or reside, the Attorney General shall designate an agency to receive and investigate the reports described in subsection (a).

Retain – By formal written agreement, the designated agency may be a non-Federal agency.

Retain – When such reports are received by social services (CPS / DCBS) or health care agencies (Doctors / Hospitals / ERs/EDs), and involve allegations of sexual abuse, serious physical injury, or life-threatening neglect of a child, there shall be an immediate referral of the report to a law enforcement agency with authority to take emergency action to protect the child.

Retain – All reports received shall be promptly investigated, and whenever appropriate, investigations shall be conducted jointly by social services and law enforcement personnel, with a view toward avoiding unnecessary multiple interviews with the child.

But there should be no new legislation to create another independent budgeted body, responsible for investigation of complaints, and no new organization layer, which might introduce any degree of bias and/or obstruction between law enforcement and Children, Adults and all Amateur Athletees, who have been abused, maltreated, raped, seually assaulted and sustained human rights violations.

A new SafeSport governing body will not have the authority to take emergency action to protect child and youth, which is so critical for some Child and Youth Amateur Athletes. 

For one example, SafeSport will not have the authority to terminate the rights of wicked predators, coaches, trainers, doctors, prents etc. who have strategically positioned themselves to harm Amateur Athletes or have the authority to place Amateur Athletes in safe places, every hour of the day.

Unsusual circumstances always present themselves. The Full Arm of the Law for Child Protection must always be in play. Child Protective Services can intervene and remove Children from harmful environments. CPS can terminate the rights of the offenders ability to Abuse Children and Youth.

Amateur Athletitc Teams of Children are similar to ‘families’ and self-proclaimed as such.  Coaches and others are given care and control of Child Athletes in the absence of the parents and guardians at camps, on road trips, during Olympics, practice and every athletic venue, even internationally.

While the ‘family unit’ description might seem odd, everyone should think of amateur athletic teams of children as ‘families.

Child Athletes are Children 1st and Athletes participating in Sports, Recreation and Exercise (SRE) 2nd. Child Athletes (<18) are defined and goverened by their Age of Minority, not the activity they play.

Child and Youth Athletes are defined by their legal status, age of minority, and the “Parens Patriae Doctrine”, not the activity in which they participate i.e Sport.  Child Maltreatment, Abuse and Human Rights violations should be legislated, investigaed, adjudicated and  litigated accordinagly. [DCBS to mbmsrmd question during C.A.R.E. training 2009]  [Child Protective Services – Child Welfare Information Gateway]  [CHILD ATHLETES ARE DEFINED BY THEIR AGE OF MINORITY, NOT THE SPORTS THEY PLAY, Athlete Safety 1st]

“The U.S. child protection system protects children every hour of the day. Unfortunately, the public seldom hears about child protection’s successes. Indeed, the only time child protection makes the front page or the evening news is when something goes terribly wrong: social workers fail to remove an endangered child who ends up dead, or social workers remove children when they should not. Both scenarios-over- and underintervention-are inevitable in the difficult work of child protection.”

“Yet, the fact that the public hears only about child protection’s failings undermines confidence in the system. The truth is that the system saves lives and futures. As you read this sentence, a social worker somewhere is making a decision that will protect a child. As we look back across history, it is clear that the effort to protect children is not a story of failure, but a story of progress and hope. The child protection system is far from perfect, and much remains to be done, but, at the same time, much has been accomplished.”  [A Short History of Child Protection in America, John E. B. Myers, Distinguished Professor and Scholar, University of the Pacific, McGeorge School of Law. Family Law Quarterly, Volume 42, Number 3, Fall 2008]

Federal and state justice departments, depending on jurisdictions, should  investigate, to preserve evidence, and procecute, when necessary, unlawful Abuse and Maltreatment behaviors of Children, Adults and all Amateur Athletes.

Follow the indicators below, xx and ** which denote items in S. 534 which should stay or be removed.

** The New Law, S. 534, should read with these statements.

XX Statements Not Necessary

XX No new SafeSport organization with a new $1 million annual budget and investigative powers is necessary.

**The new law, S. 534, requires that all youth sports organizations report sexual abuse allegations to local law enforcement.

**The current law is that mandated reporters should report report sexual abuse allegations to local law enforcement. and unlawful if they fail to report.

**The current law is, when individuals with information, report to social services, CPS and/or the County Attorney and/or Law Enforcement on telephone hotlines, by written reports or in other ways, the social services, CPS, County Attorney and Law Enforcement work together deciding the course moving forward with the investigation and prosecution if necessary.

xx Previously, governing bodies like the USAG, the USOC, and the many youth sports organizations associated with them ‘could handle’ such cases internally. (They did ‘handle’ but it was not lawful, just blind-eyed. The reason for the Nassar case. The real justice system has always been the law.)

**With the Safe Sports Act, it is a crime to investigate and adjudicate sexual abuse accusations by governing bodies without reporting to the police within 24 hours.”

**With the Safe Sports Act, victims of sexual abuse are to be compensated with a mandatory minimum of $150,000, when rewarded by civil litigation.

**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.”

xx The following is an obstructive layer and not necessary, because the Social Services, CPS / DCBS and the County Attorney, Criminal Justice System are already present and budgeted.

XX The new legislation, in the part denoted Title II, also creates an independent body called SafeSport, which will be responsible for xx ensuring compliance and xx investigating complaints, an unnecessary duplication of investigation procedures.

XX SafeSport will be provided with an unnecessary $1 million annual budget, and due to its outside status, should bring far less bias into investigations of abuse.” Any degree of bias is unnecessary.

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