U.S. society depends mightily on excellent Athlete Competition, Competent Coaching and “Win-At-All-Costs”, particularly costs to the Young Athlete.
But systems in crisis according to the Surgeon General [^Workshop 2005] regarding Child Protection, including the Government’s duty to Young Athletes, have failed to stress Coaching Child and Youth Athlete Custodial Protection, Supervision and Safety.
Who or what has the most authority and regulation capacity to affect Child and youth Athlete Safety improvement?
Each state has clearly defined Child Abuse and Neglect Legal Statutes and Regulations that govern the care of Children and Youth. These are Standards of Care for Children and Youth and govern their care. They follow Ffederal Child Protection guidelines.[2011 Society for Social Work Leadership in Health Care]
Human rights of Children and Youth in the United States are legally protected, like adults, by the Constitution of the United States and amendments conferred by treaty, and enacted legislatively through Congress, state legislatures, and plebiscites (state referenda).[ Lauren, Paul Gordon (2007). “A Human Rights Lens on U.S. History: Human Rights at Home and Human Rights Abroad”. In Soohoo, Cynthia; Albisa, Catherine; Davis, Martha F.. Bringing Human Rights Home: Portraits of the Movement. III. Praeger Publishers. p. 4. ISBN 0275988244] [Brennan, William, J., ed. Schwartz, Bernard, The Burger Court: counter-revolution or confirmation?, Oxford University Press US, 1998,ISBN 0-19-512259-3, page 10] These too are Standards of Care for Children and Youth and govern their care.
Q. WHY DOES the U.S. HAVE An ATHLETE INJURY CRISIS DURING SPORTS PARTICIPATION? WHY DOES CHILD AND YOUTH ATHLETE CRUELTY EXIST AT AN ALARMING RATE? WHY ARE STATNDARS OF CARE VIOLATED?
A. BECAUSE PEOPLE and SYSTEMS ARE NOT DOING THEIR JOB and DUTY FOR THE PREVENTION OF CHILD and YOUTH ATHLETE AMATEUR HUMAN RIGHTS VIOLATIONS AND PROTECTION AND SUPERVISION AGAINST PHYSICAL, PSYCHOLOGICAL MALTREATMENT AND ENDANGERMENT AND SEXUAL ABUSE.
Q. QUESTION AND SOLUTION: DESCRIBE WHO OR WHAT HAS THE MOST AUTHORITY AND CONTROL CAPACITY TO AFFECT THE IMPROVENMENT IN CHILD AND YOUTH SPORT SAFETY AND THE PREVENTION OF CHILD AND YOUTH ATHLETE CRUELTY AND INJURIES AND SPORTS HUMAN RIGHTS VIOLATIONS
The most responsible for Athlete Safety enjoys the most Civil Immunity, in the hierarchy of responsibility for Young Athletes’ Safety. Therefore, the responsibility fumbles down to the Coach who can suffer the most punishment.
The most responsible and powerful are the most immune. The General Deterrence for Criminal Behavior Principle for Athlete Safety doesn’t affect sometimes those civilly immune. They confuse criminal and civil litigations. The most responsible can only rely on their moral fibers and obligation.
No one in the heirarchy is criminally immune.
All the following are immune to Civil Litigation except the Coach, Teacher, Parent and Athlete. The Heirachy Responsibililty for Young Athlete Safety. in descending order and who’s not doing their duty to Young Athletes:
I. FEDERAL GOVERNMENT HAS THE GREATEST AUTHORITY AND CONTROL CAPACITY TO AFFECT IMPROVENMENT IN CHILD AND YOUTH SPORT SAFETY
► “The Bill of Rights were introduced by James Madison to the 1st United States Congress as a series of legislative articles. They were adopted by the House of Representatives on August 21, 1789, formally proposed by joint resolution of Congress on September 25, 1789, and came into effect as Constitutional Amendments on December 15, 1791, through the process of ratification by three-fourths of the States.
• The Bill of Rights is the collective name for the first ten amendments to the United States Constitution, which limit the power of the U.S. federal government. These limitations serve to protect the natural rights of liberty and property including freedoms of religion, speech, a free press, free assembly, and free association, as well as the right to keep and bear arms.
• Originally, the Bill of Rights included legal protection for white men only, excluding most Americans and all women. It took additional Constitutional Amendments and numerous Supreme Court cases to extend the same rights to all U.S. citizens.
• The Bill of Rights plays a key role in American law and government, and remains a vital symbol of the freedoms and culture of the nation. One of the first fourteen copies of the Bill of Rights is on public display at the National Archives in Washington, D.C.
• Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues
• 14th Amendment: The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, provides that “no state shall … deny to any person within its jurisdiction the equal protection of the laws”. The Equal Protection Clause can be seen as an attempt to secure the promise of the United States’ professed commitment to the proposition that “all men are created equal” by empowering the judiciary to enforce that principle against the states. As written it applied only to state governments, but it has since been interpreted to apply to the federal government of the United States as well.
• More concretely, the Equal Protection Clause, along with the rest of the Fourteenth Amendment, marked a great shift in American constitutionalism. After the Fourteenth Amendment was enacted, the Constitution also protected rights from states could not, deprive people of the equal protection of the laws. What exactly such a requirement means has been the subject of much debate, and the story of the Equal Protection Clause is the gradual clarification of its meaning.” [Wikipedia]
►United States Congress and Federal Government, have enacted Child Protection Laws
• 1974 Federal Law, Child Abuse Prevention and Treatment Act (CAPTA), amended several tiemes but last amended to the Keeping Children and Famillies Safe Act in 2003, Public Law 108-36
• Title I— Child abuse Prevention and Treatment Act
• Sec. 101. Failed Subtitle A. General Program
• Sec. 111. Failed Child Abuse Information Exchange
• All categories of Child Abuse are illegal, including Child and Youth Physical and Psychological (Emotional) Endangerment and Maltreatment and Sexual Abuse.
• Criminal Codes have been enacted.
• Therefore, Child Athlete Abuse Syndrome has been Illegalized.
► Powers Reserved for the Federal Government
• “The U.S. government is federal in form. The states and national government share powers, which are wholly derived from the Constitution.
• From the Constitution, the national government derives express powers, implied powers, inherent powers
• Article I, Section 10 of the Constitution of the United States puts limits on the powers of the states. States cannot form alliances with foreign governments, declare war, coin money, or impose duties on imports or exports.
► United States Federal Government Mandates
• States must also administer mandates set by the federal government. Generally these mandates contain rules which the states wouldn’t normally carry out. For example, the federal government may require states to reduce air pollution, provide services for the handicapped, or require that public transportation must meet certain safety standards. The federal government is prohibited by law from setting unfunded mandates. In other words, the federal government must provide funding for programs it mandates.
• The federal government pays for its mandates through grants-in-aid. The government distributes categorical grants to be used for specific programs. In 1995, federal grant money totaled $229 billion.
• Block grants give the states access to large sums of money with few specific limitations. The state must only meet the federal goals and standards. The national government can give the states either formula grants or project grants (most commonly issued).
• Mandates can also pass from the state to local levels. For example, the state can set certain education standards that the local school districts must abide by. Or, states could set rules calling for specific administration of local landfills.” [Project Vote Smart]
• The Responsibility for Child Welfare Services Rests with each State
• Every United State receives Federal Grants for Child Abuse
• Federal Guidelines Must Be Followed For States to Receive Federal Child Abuse Funds
• The Administration for Children and Families (ACF) is a federal agency funding state, territory, local, and tribal organizations to provide family assistance (welfare), child support, child care, Head Start, child welfare, and other programs relating to children and families.
• Actual services are provided by state, county, city and tribal governments, and public and private local agencies. ACF assists these organizations through funding, policy direction, and information services
II. STATE GOVERNMENT HAS THE 2ND HIGHEST AUTHORITY AND CONTROL CAPACITY TO AFFECT IMPROVENMENT IN CHILD AND YOUTH SPORT SAFETY
• Every United State receives Federal Grants for Child Abuse and Human Rights
• Every United State must serve the Rules of Law for Amateur Athlete Human Rights and for Child Athlete Abuse Syndrome Violations.
• Each state has its own constitution which it uses as the basis for laws. All state constitutions must abide by the framework set up under the U.S. National Federal Constitution.
• The basic structure state constitutions much resemble the U.S. Constitution. They contain a preamble, a bill of rights, articles that describe separation of powers between the executive, legislative and judicial branches, and a framework for setting up local governments.
► UNFORTUNATELY, ENFORCEMENT OF THE LAW AND THE WILL TO ENFORCE THE LAW ARE THE MOST EFFECTIVE DETERRENTS TO ATHLETE AMATEUR HUMAN RIGHTS AND CHILD AND YOUTH AHTLETE ABUSE SYNDROME VIOLATIONS
► CHILD (<18) and YOUTH (15-24) AMATEUR ATHLETES ARE A GLOBAL, VULNERABLE, “HEALTH DISPARITY POPULATION” IN NEED OF ENFORCEMENTO OF
• UNIVERSAL, INHERENT, INALIENABLE HUMAN RIGHTS
• CHILD AND YOUTH ATHLETE CUSTODIAL PROTECTION AND SUPERVISION
► ATHLETE AMATEUR HUMAN RIGHTS DISORDERS ARE SECONDARY TO ATHLETE AMATEUR HUMAN RIGHTS VIOLATIONS
► CHILD ATHLETE ABUSE SYNDROME, “A NEW DISEASE” IS SECONDARY TO THE FOLLOWING BY DEFINITION:
• Child (<18) or Youth (15 to 24) Athlete
• With Serious Injury and/or Death sustained by
• Physical Endangerment and/or Maltreatment
• Psychological (Emotional) Endangerment and/or Maltreatment
• And/or Sexual Athlete Abuse
• Failed Improper Child Custodial Protection
• Negligent Coaching Care-Giving Supervision
• That was Inflicted, Caused, Created,
• or Allowed To Be Inflicted, Caused, Created,
• Directly or Indirectly
• By the Problematic Coach
III. 3rd in the Hiearchy of Responsibilty: THE OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH IN THE OFFICE OF THE SECRETARY U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
• America's Doctor, the Surgeon General
• “The Office of the Surgeon General, under the direction of the Surgeon General, oversees the operations of the 6,500-member Commissioned Corps of the U.S. Public Health Service and provides support for the Surgeon General in the accomplishment of her other duties.
• The Surgeon General serves as America's Doctor by providing Americans the best scientific information available on how to improve their health and reduce the risk of illness and injury” [Office of the Surgeon General)
► CHILD ATHLETE ABUSE SYNDROME IS “MEDICALIZED”
• Medicalized: To identify or categorize a condition or behavior as being a disorder requiring medical treatment or intervention [Online-Dictionary]
• CAAS IS LEGITIMATE DIANOSIS WITH ICD-9 CODES because all child abuse is Medicalized. (ICD-9) "International Classification of Disease, 9th edition, Clinical Modification is a standardized classification of disease, injuries, and causes of death, by etiology and anatomic localization and codified into a 6-digit number, which allows clinicians, statisticians, politicians, health planners, health insurance and others to speak a common language, both US and internationally". ICD-9s are used to bill medical insurance by Doctors.
IV. 4th in the Hiearchy of Responsibilty: Community based Sports Medicine, Family Medicine, Pediatric Doctors and Emergency Doctors need to familarize themselves with modifer codes
• Child Abuse Codes are in International Classification of Disease, 9th Edition
• Child Abuse is “On The Books”
• Doctors Need To Step-Up, Code Child Athlete Abuse Syndrome and receive increaed reimbursement
For Instance on the 3rd Party Insurance Claim
1. ICD-9 Code – Fractures
2. ICD-9 Code - Modifiers
3. T74.12 CPA Child Abuse Confirmed by the Doctor
4. YO7 Perpetrator of the Child Abuse is Known
• Proper Reporting of Amateur Athlete Human Rights Violations and Child Athlete Abuse Syndrome
• Direct Intervention when the Doctor discovers Abnormal Coaching Behaviors resulting in Injuries and Deaths
• Preventing the return to play and practice after injury until the injury is completely healed
• Through Pre-Participation History and Physical Examinations including EKG, Echo Cardiogram, Concussion Baseline Neuropsychological Testing
• Honest, forthright, free expert witness or treating doctor witness testimony, not tainted by employment to testify as a source of income
• Some Sports Medicine Doctors Have Sold Their Souls To The Coach. They Don’t Take Helmets after Concussion, Sneakers after a knee injury etc.
V. 5th in the Hiearchy of Responsibilty: STATE, FEDERAL AND NATIONAL ATHLETIC ASSOCIATIONS AND ORGANIZATION
• Athletic Associations Not Closed Societies
• Athletic Association Not Impervious > Rule of Law
• The Federal Government has faile to Direct The State Process of Child Athlete Protection
• The Federal Government has Failed to Approve Funding Directly for Child Athlete Safety
• Failed to Inform States Must Comply with Federal Requirements
• Altlhough Federal our Government has directed Child Abuse Grants to States for Child Abuse in general
• “NCAA legislation provides practice opportunities during which institutions can conduct workouts,”
• “Determination of the content of those workouts are best handled by the local athletics staff to meet the individual needs of student-athletes.”
• “[An institution is] responsible for establishing a safe environment for its student-athletes to participate in its intercollegiate athletics program.”
• Acording to the NCAA Athlete Safety is the Responsibility of the College and Coach
VI. 6th in the Hiearchy of Responsibilty: COACH/TEACHER
• Coaches and Teachers are not immunie to Criminal Prosecution and Civil Adjudication for for Athlete Amateur Human Rights Viloations and failed Child and Youth Custodial Protection and Supervision
• Coaches and Teachers catch the brunt of the Legal System for Athlete Amateur Human Rights Viloations and failed Child and Youth Custodial Protection and Supervision
• Coaches and Teachers are the first in the responsibility hierarchy to be at Risk for for Athlete Amateur Human Rights Viloations and failed Child and Youth Custodial Protection and Supervision
• All others above Coaches and Teachers in the responsibility hierarchy are not as vulnlerable to the Risk for Criminal Prosecution and Civil Adjudication for Athlete Amateur Human Rights Viloations and failed Child and Youth Custodial Protection and Supervision
• Coaches and Teachers are directly Responsible to Unlawful Behavior
• Coaches and others were targeted as potential Abusers and Perpetrators by the Surgeon General
• Chaches and Teachers in this scenario are like the Football player who scores a Touchdown. The player who crosses the goal line with the football gets credit for the TD.
• The Coach who crosses the line by pushing and punishing Athletes beyond their Physical and Emotional Limits or initiates Sexual Athlete Abuse whether the Coach ignored, overlooked Rules of Law or did not know the Rules of Law or the violations were intentional or willful gets the blame for the Unlawful Behavior.
• When the Coach crosses the line with Bad Behavior, the Coach gets liability for the Risk.
VII. 7th in the Hiearchy of Responsibilty: Criminal Justice System
Lack of Attorney Practice Guidelines and Standards in Child Protection Proceedings
acording to the NATIONAL ASSOCIATION of COUNSEL for CHILDREN / NACC and
AMERICAN BAR ASSOCIATION / ABA
VIII. 8th in the Hiearchy of Responsibilty:Social and Child Welfare Services
IX. 9th in the Hiearchy of Responsibilty: Education / Awareness services
Failure Coach Education by High School and University Athletic Associations Concerning Child and Youth Athlete Protection Law
X. 10th in the Hiearchy of Responsibilty:PARENT
XI. 11th in the Hiearchy of Responsibilty: THE CHILD AND YOUTH ATHLETE HAVE THE LEAST AUTHORITY AND CONTROL CAPACITY TO AFFECT IMPROVENMENT IN CHILD AND YOUTH SPORT SAFETY AND THE PREVENTION OF INJURY
WHO IS RESPONSIBLE FOR SPORTS SAFETY? INJURY PREVENTION?
Injury Prevention in Child and Adolescent Sport: Whose Responsibility Is It? Carolyn A. Emery, PhD,* Brent Hagel, PhD,† and Barbara A. Morrongiello, PhD‡Clin J Sport Med _ Volume 16, Number 6, November 2006
Dr. Barbara A. Morrongiello has researched extensively supervision and sports injuries. She is a world’s authority on those subjects. From the article several excellent lines of reasoning were reported.
Objective: Sport and recreational injuries are a leading cause of morbidity in youth. There is a significant body of literature on risk factors for sport-related injuries and a growing body of research supporting the effectiveness of sport-specific prevention strategies in youth. Given the predictability and preventability of injuries in youth sport, the purpose of this article is to develop a model that considers societal responsibility for injury prevention in youth sport, and to discuss the evidence that supports this model.
Data Sources/Synthesis: Previously published papers have provided a basis for expert opinion to discuss an approach to examining the shared societal responsibility for implementing countermeasures to reduce the risk of injury to youth during sports.
Results: Based on a historical perspective, broad conceptual framework, and specific evidence for prevention strategies in youth sport, the authors have developed and supported a theoretical model that defines a responsibility hierarchy in preventing injuries in youth sport. An argument has been made for a hierarchy of responsibility, with the lowest level of responsibility assigned to the child, and the highest level to those organizations or groups with the potential to effect the most change.
The justification for this approach has been discussed in the context of the desirability of passive prevention strategies, the limited evidence for the effectiveness of strategies relying solely on behavior change in children and parents, and the level of perceptual and cognitive development in children that inadequately prepares them to take primary responsibility for their own safety in sport.
Conclusions: The development of effective programs to reduce the burden of sport injury among youth necessitates a scientific approach, the identification of key risk factors for injury, a thorough examination of how factors interact to affect risk, and the identification of potential barriers to the effectiveness of injury-prevention programs
The History surrounding events of an injury are extremely important. “The first axis of injury and its prevention comprises the temporal phase:
“The second axis describes factors that may bear on the likelihood or severity of injury, including host (human) factors, agent factors (equipment), and physical and social environmental conditions.” 26.
In Figure 2 of this excellent article, was presented “a model of risk that can aid in intervention planning.
As can be seen in the model, some factors are quite amenable to policy initiatives to improve safety (eg, physical environment factors), whereas others (eg, social environment factors, psychological host factors) are not.”
From Article’s Figure 2.
I. HUMAN FACTORS
AGE Cognitive and Perceptual Development
HEALTH AND FITNESS
SKILL AND EXPERIENCE
KNOWLEDGE AND UNDERSTANDING OF RISKS AND HAZARDS
PERSONALITY / TEMPERMENT
Sensation Seeking, impulsiveness, over-activity
II. PSYCHOLOGICAL FACTORS
Beliefs About Injury Vulnerability and Severity
Tolerance for Risk Taking, Estimation of Ability,
Perception of Risk, Motivation to Excel,
Motivation to Avoid Injury etc.
III. ENVIRONMENTAL FACTORS
a, Environmental Conditions
c. Behavior, Attitudes and Training of Coaches, Referees, Umpires etc.
d. Communications About Safety
a, Behaviors of Family Members, Peers, Friends, Team b. Members Opponents, Observing Fans, Social Norms, c; Media
From figure 1.
“Increasing Responsibility for Child Sport Injury Prevention Based on Influence Potential”. The Increase begins with the Child who has the least Responsibility for their Injury and progressively increases until its summit, the Government/Law/Public Health
MOST INFLUENCE POTENTIAL
► GOVERNMENT/LAW GREATEST INFLUENCE POTENTIAL
► SPORTS ORGANIZATION
► CHILD LEAST INFLUENCE POTENTIAL
___end of reference___________________________