Protect Our Kids Act of 2012

According to the polls, more Americans were outraged after the school shooting in Newtown, Connecticut (75%), than after the September 11th terrorist attacks (65%).   

The same week that he announced proposals to reduce gun violence in response to the Newtown tragedy, President Obama launched a less-publicized movement to protect children when he signed the Protect Our Kids Act of 2012 which authorizes a Commission to study deaths caused by child abuse and neglect.  "The key to child abuse prevention in general  ... is awareness and then it's education.  And, people need to be aware that this is a problem," says Christal Wilcox Frost of Traverse Bay Area Child Advocacy.  

Data from the US Centers for Disease Control and Prevention for 2008 and 2009 found that eight children and teens (ages 0-19) die every day from gun injuries. 

Available statistics tell us that five children die from abuse or neglect every day in the US, the worst record of any industrialized nation.   However, Teri Covington, director of the National Center for Child Death Review says, “It’s been well-documented that those numbers are underreported, perhaps as high as 50 percent. Child abuse cases often don’t show up on death certificates because a lot show up as injuries or accidents.” 

The goal of the Protect Our Kids Act is to make more people aware that child abuse and neglect is a preventable and under-reported epidemic. Let's hope that the Commission's findings inspire the same outrage and call to action as the Newtown tragedy.

Wild Wild Web

A convicted child sex offender in Ireland, identified only as "XY," was released from jail after serving half of his sentence for 15 sexual offenses committed in the 1980s. Upon his release, he discovered his photograph and threatening comments on the Facebook page "Keeping our kids safe from predators."  One of the posts said, "Put him down like an animal."

XY sued Facebook for harassment, breach of privacy, and breach of human rights, claiming that, "By publishing this material about me, the defendants are providing a vehicle for others who may have criminal intent to gain information about where I live and to stir up hatred against me."

Facebook's attorney argued that Facebook was "walking a fine line" between the rights of its users and the privacy of others. He asked, "Will it give the plaintiff any benefit to shut down this site and deprive 4,000 users of their freedom of expression, the vast amount of which is legitimate debate on sex offenders?"

While the U.K.'s High Court acknowledged that the man's name, physical appearance, criminal record, and whereabouts were already public information, the ruling "simply requires certain modest steps to be taken by the operator of a social networking site to ensure that, pending the substantive trial of this action, the plaintiff is not exposed to further conduct which I consider, to a high level of arguability, to be unlawful."

Within hours after Facebook complied with the order, a page with a similar name appeared. 

In the U.S., state laws banning sex offenders from using social networking sites are getting mixed reviews. The federal court in Nebraska struck down a state law that made it a crime for certain registered sex offenders to use social networking sites or chat rooms, and allowed monitoring of their computers and Internet usage.

But an Indiana federal court upheld a state ban on convicted sex offenders accessing social networking sites used by children because the law was narrowly drawn so that certain sex offenders are "only precluded from using web sites where online predators have easy access to a nearly limitless pool of potential victims."

One thing is clear: we have not heard the last from the courts on balancing rights of privacy against free speech, especially when dealing with the emotionally-charged issue of child abuse.

Can Report But Can't Sue

All 50 states, the US territories, and the District of Columbia provide legal immunity from lawsuits or criminal prosecution for reporting suspected child abuse. In addition, many states also protect employees who report abuse from workplace retaliation.

While some states make it relatively easy for employees to sue to enforce their rights, others may require a state agency to take legal action.

One Connecticut school principal learned this lesson the hard way. Under Connecticut law, employers are forbidden from retaliating against an employee who reports suspected child abuse. If they do, the law authorizes the state Attorney General to sue the employer.

So, when principal Carmen Perez-Dickson was demoted and later suspended after reporting two incidents of suspected child abuse, she sued the school board for retaliation. After a trial, the jury awarded her over $2 million.

Unfortunately for the former principal, the Connecticut Supreme Court overturned her verdict. Although Perez-Dickson was correct in principle that she could not legally be fired for reporting abuse, she erred by assuming that she could sue to vindicate her rights. Instead, the Court ruled that only the Connecticut Attorney General was legally authorized to prosecute employers who retaliate against employees for reporting child abuse. [Perez-Dickson v. Bridgeport (CT 2012)]

Blisters and Broccoli

Christopher Alan Carlson's attorney described him as a "health nut," who wanted to get his three grandsons (ages 8, 9 and 12 years old) in shape by hiking the Grand Canyon.

According to the prosecutor, the Grand Canyon was "a weapon in child abuse" because "these hikes became a life or death situation for these children...." Carlson is on trial for felony child abuse and faces life in prison.

One of the hikes took place on August 28th when the temperature in the Grand Canyon reached as high as 108 degrees. Rangers gave the boys food and water after one showed symptoms of heat stroke, and the other two showed signs of heat exhaustion and dehydration.

During a 19-mile hike, Carlson's oldest grandson testified that his vision and hearing became altered and he fell down several times because of cramping. "I started crying and walking faster and he kicked me in the butt and said, 'Run,'" the boy said, explaining that Carlson was in a hurry to get to the top so they could watch the sunset.

The middle child's blisters were so bad that they turned into ulcers and he couldn't wear shoes for weeks. He also told jurors that Carlson made him eat broccoli that he had tried to flush down the toilet.

On the other hand, the youngest grandson testified about the "awesome" trips Carlson took them on to Hoover Dam, the Stratosphere Hotel and Criss Angel magic show in Las Vegas, Disneyland, Mexico, Belize, and Honduras. He also said Carlson allowed the boys to drink water and snack on celery, carrots, tofu, and low-carb hummus during the hikes.

"I suppose to an 8, 9 or 10-year-old that might seem like child abuse if you like cheeseburgers, French fries and pizza," Carlson's attorney told the jury, but Carlson "wanted to get them from behind the TV, the games and fast food."

Assault In Words

On February 2, 2012, the Judiciary Committee will consider Senate Bill 1925, reauthorizing the Violence Against Women Act of 1994, to continue (at a reduced level of funding) safety and support services for victims of domestic violence, sexual assault, dating violence, and stalking. These services include education for child protective service workers, legal assistance, supervised visitation programs, housing protections, and court responses to these violent crimes.

A critical addition to this bill addresses campus sexual violence, including provisions for prevention education for all incoming students and training for campus law enforcement. Between 20 and 25 percent of women are sexually assaulted on college campuses.

Voted one of 30 "Must-See Tumblr Blogs" by Time Magazine, "project unbreakable" was created by Grace Brown who uses photography to help victims of sexual abuse heal. Ms. Brown posts her photographs of victims holding posters on which they write quotes from their attackers. Time calls it "a shocking and sad look at sexual assault and how it affects their victims."

New Jersey Strengthens Bullying Laws

New Jersey has enacted a new bullying law aimed at providing an apparatus for anonymous tips when lunch line bullies are seen doing their thing at schools.

Read all about the new law and let us know what you think. Has this gone too far or is this not yet enough to keep children safe?