WHEN COACHING CHILDREN <18, THE COACH IS A "SUBSTITUTE CARETAKER" IN SCHOOL AND NON-SCHOOL SPORTS, RECREATION AND EXERCISE

There are Key Reasons Coaches are not Reported, including Athlete Self-Reporting, for Child Athlete Sexual, Physical, and Psychological (Emotional) Abuse when Coaching Children less than 18.

Unbeknown, the Coach is a “Substitute Caretaker” for Child Athletes in School and Non-School Sports, Recreation and Exercise (SRE).

All National Child Protection Laws should clearly define what Caretaker (Caregiver) means and the professions, trades and jobs that are included.

For Example, in the following “Key Findings” form the UK, the definition of Caretaker (Caregiver) is not amplified or explained fully so that the individuals who are considered Caretakers is “Crystal Clear”

“Key findings: Maltreatment by adults not living with the child”

“This research also provides new evidence on which adults living outside the immediate family home are most likely to pose a risk to the safety and wellbeing of children and young people.

“The findings support conclusions from developmental victimology (Finkelhor, 2008) that risks of abuse expand during the child’s lifecourse from the risk from parents or Caregivers (Caretakers) predominantly, to also include different types of perpetrators outside the home and in non familial relationships.

“Apart from parents or guardians, non-resident male relatives and known adults such as neighbours or family friends were the most frequently reported adults who had maltreated children under the age of 11.

“However, when we look at 11–17s, strangers to the young person and known male adults were found to be the most frequently reported perpetrators. A similar pattern was foundamong 18–24s.

“Childminders were very rarely reported as being perpetrators. Less than 1 per cent of children and young people reported being maltreated by a teacher or coach (or any other adult from an organisation).

[Child abuse and neglect in the UK today, Lorraine Radford, Susana Corral,. Christine Bradley, Helen Fisher, ,Claire Bassett, Nick Howat and Stephan Collishaw, National Society for the Prevention of Cruelty to Children (NSPCC0, Weston House, 42 Curtain Road. London]

note – In this Report from the UK, Coach Substitute Caretakers were titled Childminders. These Childminders were scarcely reported for Child Abuse. The Error is in failure to Report.[mbmsrmd]

If this isn’t whistling past the Graveyards and Emergency Rooms while turning a Blind Eye to the Facts about Cruelty to Children in Sports, Recreation and Exercise, then academic research is severely flawed. Child Athlete Sexual and other Abuses are rampant worldwide.[mbmsrmd]

Until that Code of Conduct, Job Description, Role of the Coach in SRE is known, Child Athlete Sexual, Physical and Psychological Abuse will continue.

Example: Will societies continue to ignore Abuse Maltreatment manifestations inflicted on Children following Child Athlete Sexual Abuse that appears to be Socially Approved?

The following are a few diseases caused by Child Athlete Sexual Abuse:

• Sexually Transmitted Diseases (STDs), male and female
• Infertility m/f
• Incompetent Cervix, Miscarriage
• Fear, Shame, Depression, Suicide m/f
• Post Traumatic Disorder m/f

The Coach Job Description, in this circumstance, the Coach of Child Athletes and Participants in Sports, Recreation and Exercise (SRE), includes general tasks, job functions, to whom a person reports, qualifications, skills, list of competencies, methodologies for the organization of the team and responsibilities of the position. [Wikipedia]

This report is about the ill-defined Job Description and Complete Role of the Coach, also known as the Coaching Code of Conduct in School and Non-School SRE.

This is about the failure and negligence of the Coach’s Responsibility and Duty for the Care of Children while the Coach has Temporary, Substitute Custody and Control of Children during SRE Participation.

The Job Description, Responsibillity, listed above is the most important action of the Coach and is the hallmark of Coaching Code of Conduct and the 4 R’s of Coaching,.Yet it is found ill-defined. Now let me explain.

During Children’s Sports, Recreation and Exercise (SRE) participations, when participations are accompanied by Abnormal Coaching Behaviors that cause or allow to be caused, inflict or allow to be inflicted or create or …allow to be created any type of Child Abuse, the following are accurate:

• Child Athlete Sexual Abuse is Unlawful
• Child Athlete Physical Abuse is Unlawful
a. Child Athlete Overuse resulting in serious Physical Injuries and/or Deaths = Child Athlete Physical Abuse
• Child Athlete Psychological (Emotional) Abuse is Unlawful

• Children in Sports and everywhere on Earth, during every second of time have a Special Standard of Care

The Standard of Care for Children and Participants in SRE, on every inch of this Earth, during every second of time are Child Protection and Supervision Laws;

• For Child Athletes and Participants in SRE the Standard of Care is NOT High School Athletic Association Rules generated by non-Lawmaker HSAA Board members.
• There are special Laws that have been enacated recently in reaction to Abuse of Child Athletes’ and SRE Participants’ by States concerning SRE Injuries and Deaths that are independent of Child Protection Laws that are to be publicized and educated by HSAAs, that must be followed and enforced. The HSAAs are the messenger in this situation not govenrmental legislature who author the law.

CHILD PROTECTION AND SUPERVISION LAWS:

1. Federal Laws: U.S. Child Abuse Prevention and Treatment Reauthorization Act 2010, Public Law 111-320 that was first enacted in 1972. They have been amended several times subsequent Congressional Sessions
2. State Laws acording to each state’s Child Protection and Supervision Laws. In KY KRS 600-645, The Kentucky Unified Child and Juvenile Code
3. International Laws according to the 1989 United Nation Convention on Rights of the Child (UNCRC)
4. All Nations have Child Protection Law

CHILD PROTECTION AND SUPERVISION JURISDICTION

• A Child’s birth certificate proves that the Child was born within territories of United States or other nations. Therefore, the Child is a United States Citizen
• The U.S. Federal Government “mandates, orders and compels” the states enforce federal jurisdiction upon it’s citizens/subjects.
• “Parens Patriae” Doctrine Grants Power and Authority of the State to protect minor Children, age less than 18
• Therefore, States have jurisdiction and are the Supreme Guardians of Children and have the power to Intervene of behalf of Children and Enforce Child Protection and Supervision Laws and adjudicate their violations
• Additionally Children born in the USA are U.S. Citizens, the subjects of Federal jurisdiction and other nations likewise.

STATES MUST COMPLY WITH 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

ROLE OF THE COACH IN SPORTS, RECREATION AND EXERCISE

Role of the Coach in Sports, Recreation and Exercise (SRE) has 2 Components:
• 1st Duty of the Coach is Care for the Child while the Coach has Custody and Control of the Child during SRE Participation; called the Caretaker (Caregiver)
• Athlete Safety 1st, The Coach is to Provide Proper Child Care, , Protection, Supervision, Safe Environment and Recognize Sport Dangers
• 2nd Role of the Coach in SRE is on and off the Field Enforcement Child Athlete and Participant Rules and Regulations, during Practice and Game-Play and Proper Athlete Evaluation, Classification, Instruction, Techniques for Participation

“COACH SUBSTITUTE CARETAKER” DEFINITION

• The Coach is legally defined as a “Coach Substitute Caretaker” when Coaching Children less than 18 by KY and other states’ DCBS, CPS and U.S. CDC, U.S. NIH, U.S. Surgeon General, U.S. Department of Health and Human Services.
• Legal Scholars and Health Care officials have decifered, know and understand the definitions for Coaches in the Law. They just haven’t shared them sufficiently with everyone else.
• Both States’ and Federal agencies and governments have made those “Coach-Substitute-Caretaker” declarations, but not publlically
• The legal Role of the “Coach Substitute Caretaker” in Sports, Recreation and Exercise has not been properly authored in Section 3, Paragraph 2. of CAPTA 2010
and then issued, published and promulgated for Awareness to general public
• The legal Role of the “Coach Substitute Caretaker” is not “Crystal Clear” because it is not spelled out in the definition language of CAPTA 2010 Law Section 3. Paragraph 2.

THE FOLLOWING PROPOSED AMENDMENT IS A KEY SOLUTION

• {the Following is a Proposed additional Public Health Amendment to Section 3. Paragraph 2., an innovation by Athlete Safety 1st as suggested in 2005 by the U.S. Surgeon General. The New Language is Capitalized and a recommended addition to S. 1877 described below}:

(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

• {the Following is a Proposed Amendment S. 1877 by Senators Casey and Boxer Language Capitalized Senate Bill 1877 (S. 1877 currently in Senate Committe awaiting action}:

(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.’ If S. 1877 is not enacted into Law, then the Athlete Safety 1st amendment (A) should be enacted. INVOLUNTARY IGNORANCE OF THE LAW • Coaches, the entire Athletic Community and the general public manifest Involuntary Ignorance of Child Protection and Supervision Laws during SRE Participation. • Coaches, the entire Athletic Community and the general public don’t know the Coaches’ Role in SRE and are not aware of the Special Standard of Care. They are not aware that the Coach is a "Substitute Caretaker, which is not “Crystal Clear” within the Law. • The Coach is a Temporary Substitute Parent (Caretaker) during SRE Participation because the Coach has the duty of Care while exercising Custody and Control of Children in School and Non-School SRE. • Other Coaches, the entire Athletic Community and the general public will most likley Report Child Sexual Abuse when they realize and fully understand and have been educated about the Duty of the “Coach-Substitute-Caretaker”. WILL THE CHILD AHLETE AND SRE PARTICIPANT VICTIM SELF-REPORT COACHING ABUSE? • Child Athletes and SRE Participants are susceptible and vulnerable to abnormal Coaching Behaviors. • An enormous Power Gap exists between Adult Coach and Child Athletes and Participants. • Children have a reliance and dependency on Adult Coaches. • Because of the Child Victims’ age, innocence, smaller physical size, immaturity, inability to defend themselves, fear, guilt and shame after Child Sexual Abuse and the Power Gap they seldom self-Report SRE Child Sexual Abuse. • The Power Gap will be dramatically reduced and neutralized when Child Athletes and SRE Participants are educated, realize and fully understand that their Coach is a “Substitute Caretaker” and is responsible and has a duty for the Care of every Child during the Coach’s custody and control throughout SRE Participation • Child Athletes and Participants in SRE will most likley Self-Report Child Sexual Abuse when they are educated, realize and fully understand the Duty of the “Coach-Substitute-Caretaker” DOCTORS AND HEALTH CARE PERSNONNEL DUTY TO REPORT CHILD ABUSE • Shamefully, Doctors and Health Care personnel manifest similar Non-Reporting. • They Report only a small percentage of Child Abuse to authorities after treating and attending to Child Abuse Injuries and Deaths. • Dr. Steven Kairys, a professor of pediatrics at Robert Wood Johnson Medical School in New Brunswick, N.J., and then director of the American Academy of Pediatrics, said there were concerns of pediatricians with reporting abuse. • “One of the most powerful mechanisms for protecting children from abuse is a law that designates school teachers, day care operators, doctors, nurses, and others “mandatory reporters” of child abuse and neglect.” • “Kairys said abuse cases are inadequately reported by pediatricians and investigated, because of untrained social workers, fear of the doctor for disruption of the parent-doctor relationships, paper work, poor communication, and mistrust between CPS and the medical community and unqualified judges.” • “The doctors who are most likely to observe physical abuse only account for two to three percent of abuse reports filed. The majority comes from school teachers and other mandatory reporters.” [106] • But hold on, Reporting is the Law! • Each year, hospital emergency rooms treat more than 775,000 boys and girls ages 5 to 14 for sports injuries. There are 8,000 sports related injuries children less than 18 treated daily in U.S. emergency departments • About 4,000 of those daily injuries are Preventable and Not-Accidental, or Child Athlete Abuse Syndrome. Pod Cast http://www.athletesafety1st.com/ • Doctors and Health Care Personnel 1. Doctors and Health Care personnel Should ICD-9 Code Physical, Psychological and Sexual Injuries and Deaths during Patient Encounters e.g.: a. Code T74.12 Child Physical Abuse, confirmed b. Code T74.32 Child Psychological Abuse, confirmed c. Code T74.22 Child Sexual Abuse, confirmed d. Code YO7 Perpetrator is Known, in these cases, the Coach 2. Doctors and Health Care personnel are mandated to Report Child Athlete Physical, Psychological and Sexual Abuse Injuries and Deaths to Legal Authorities 3. Doctors and Health Care Personnel a. Are Responsible for Promoting Sports, Recreation, and Exercise the Promotion Children’s Health and Prevention of Childhood Obesity b. Concurrently, Doctors and Health Care Personnel are Treating SRE Injuries and receiving remuneration for their professional services as it should be. c. Simultaneously, however, Doctors and Health Care Personnel "are the Eyes and Ears of Child Welfare" Melissa Currie, M.D., division chief · Pediatric Forensic Medicine, University of Louisville. d. They should be Regulating and Enforcing, especially by Reporting, Child Athletes’ and SRE Participants’ Safety and the Prevention and Awareness of Injuries and their Causative Conditions. 4. Is the Fox watching the Hen House? a. Child Athletes’ and SRE participants’ Safety and Injury Prevention must be 1st and foremost for Doctors and Health Care Personnel. b. It’s about Athlete Safety 1st. and Child Welfare c. Remuneration for treatment of injured Athletes and SRE Participants after referral by a Coach or Trainer and the business network established with those Coaches and Trainer’s and their Child Athlete Patient Referrals should never be a consideration over and above Athlete Safety 1st and Child Welfare e. Ethically and morally, only after Safety Awareness and Promotion and and after Injury Prevention should the Child participation in SRE be encouraged. f. Cruelty to Child Athletes and Participants in SRE is unlawful, not socially acceptable, not negotiable and not for sale. Professional remuneration is absolutely included g. "Sports builds Good Character...... when Coach "Substitute Caretakers" with Good Character are Coaching the Sports. A Comment on a recent Child Sex Abuse Scandal Former Secretary of State, Condoleezza Rice said, “Sports and College Football are not Kingdoms unto their own,” “No one and no Sport are above the Law.” [46.] Sports are Not Closed Societies to Rule of Law Pod Cast http://www.athletesafety1st.info/ __________________________________________ Please Cut and Paste this Letter and send it to Your U.S. Senator: Dear Senator_______________, KEY REASONS COACHES ARE NOT REPORTED FOR SEXUAL, PHYSICAL AND PSYCHOLOGICAL ABUSE The 1st Duty of the Coach is Care for the Child while the Coach has Custody and Control of the Child during School and Non-School Sports, Recreation and Exercise (SRE) Participation; The Coach is called the Caretaker (Caregiver) The legal Role of the “Coach Substitute Caretaker” in SRE has not been properly authored in Section 3, Paragraph 2. of CAPTA 2010 and then issued, published and promulgated for Awareness to general public Children will Self-Report, Doctors and Health Care Personnel will Report, other Coaches, the entire Athletic Community and the general public will most likely Report Child Sexual Abuse and Physical and Psychological Abuses when they realize and fully understand and have been educated about the Duty of the “Coach-Substitute-Caretaker”. Additionally, Coaches will be less likely to be Blind-Sided with Criminal and Civil Litigations once Coaches realize their Standard of Care, Complete Role and Code of Conduct for Children Participants in SRE. • {the Following is a Proposed additional Public Health Amendment to Section 3. Paragraph 2., an innovation by Athlete Safety 1st as suggested in 2005 by the U.S. Surgeon General. The New Language is Capitalized and a recommended addition to S. 1877 described below}: (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; This amendment will "Make The Law Work For Everyone" because this amendment will have a profound Positive impact on Children's Growth and Development and have an enormous influence on human potential and progress in SRE. See more: http://www.cappaa.com/when-coaching-children-the-coach-is-a-substitute-caretaker

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