Op-Ed: Child Abuse Task Force Report Provides A Roadmap For Reform

abuse

This week I participated in a hearing held by the House Judiciary Committee to receive and review the report of the Task Force on Child Protection we created in the wake of the Sandusky scandal. As someone who has worked in the judicial system as an attorney representing children in juvenile and CYS cases, I know there are many areas in the law we can clarify and strengthen to help protect our children.

These are often uncomfortable to discuss, but we need to have an honest conversation about child abuse in order to find ways to help prevent it from occurring. The full report is over four hundred pages long and contains numerous recommendations for the Legislature to enact in the coming months. Here is a very brief overview of some of changes recommended the Task Force.

Proposed amendments to the Child Protective Services Law include changing the definition of child abuse by eliminating the requirement that the child experience severe pain, eliminate “non-accidental” and replace with “reckless and intentional behavior”, which would include forcibly shaking or slapping a child under one year, interfering with the breathing of a child, allowing child to be present at sites of criminal activities and lowers the threshold from serious bodily injury to bodily injury.

The definition of “sexual abuse” would be broadened to include engaging in sexually explicit conversations and looking at the intimate part of a child or encouraging a child to look at the intimate parts of another person for the purposes of sexual gratification of any party. The definition of perpetrator would be expanded from “a parent, a person responsible for the welfare of a child, an individual residing in the same house or a paramour of a child’s parent” to include employees or volunteers who have direct or regular contact with a child as a result of involvement in programs, services or activities such as camps, athletic programs, enrichment programs and scouting troops.

It is suggested that the definition of perpetrator would also be expanded to include possible abuse from school teachers and employees, persons employed in programs, activities or services which includes enrichment and other programs, clubs and coaches, any person present in the child’s home when the alleged abuse occurred, an individual related to the child by birth, marriage or adoption to the fifth degree and former paramours of a child’s parent and former step-parents.

The Task Force also recommends expanding the list of Mandatory Reporters, which are people who are obligated to report any suspected child abuse. The Task Force suggest specifically including college administrators and employees, coaches, attorneys, librarians, persons working or volunteering in programs, services or activities if they have an integral role in the program and accept responsibility for children, commercial film processors if child abuse is depicted, persons who repair or service computers or other technology equipment if child abuse is depicted. It is also recommended that institutional staff employees and independent contractors must directly report to Child Line and notify the administrators within the institution and require mandatory reporting of infants born affected by Fetal Alcohol Spectrum Disorder.

Another area of the Task Force report focuses on increased penalties for failure to report suspected child abuse. The report suggests expanding immunity and protection from intimidation and retaliation for good faith reporting, increase the penalty for willful failure to report suspected abuse from a third to a second degree misdemeanor, revoking the professional license of anyone who fails to report suspected child abuse, requiring all professionals who are mandated reporters to report any arrest or conviction to the their relevant licensing authority and suggests criminal sanctions for making false reports.

The Task Force report also makes suggestions on improved information sharing, child abuse clearance requirements, education and training for professionals, developing a comprehensive child protective services database and many other common sense steps we can take to minimize the problem of child abuse in Pennsylvania. I look forward to reviewing the complete work of the Task Force and hopefully working in a bipartisan way to implementing these recommendations to make Pennsylvania’s children safer.

The full Task Force report can be found at www.childprotection.state.pa.us

 

2 comments

  1. Hopefully these suggestions will be used, our children are our most important responsibility and true gifts from God.

  2. First and foremost, I am all for reasonable changes to the child protection laws if they will protect our children. However, we also have to be careful not to pass legislation which can have unintended consequences, or affect professionals without paying proper attention to what I will call due process concerns. Let me explain. Look at the following synopsis of the proposed statute. ” The definition of “sexual abuse” would be broadened to include engaging in sexually explicit conversations and looking at the intimate part of a child or encouraging a child to look at the intimate parts of another person for the purposes of sexual gratification of any party. ”
    At first glance, this seems reasonable. But what if a parent is in good faith trying to explain to his child where his/her genitalia are located in order to try to educate them on when and where it is appropriate to touch them by strangers, caregivers, etc.? Is there a caveat for this? What’s more, the proposed change that affects professionals if they have been “arrested” for child abuse. Is there a due process component that protects against potential false allegations that ultimately yield no conviction? Finally–I want all the readers to contemplate how a change in the “punishment” section that eliminates the severe pain requirement could affect common sense parenting. What this could mean to parents is the end of any corporal punishment between parent and child. No spanking–even if mild and purely intended to discipline a child–not to hurt or abuse them. Whether you believe in it or not–some parents still use this type of punishment to discipline their children. And if any of you have had children–sometimes “time out” is not enough. What if your toddler kept reaching for the burner on the stove? If this legislation goes through–would smacking their hand be a criminal offense? I ask Representative White to comment on these issues for the readers and to assure his constituents that the appropriate safeguards will be in place so unintended consequences do not ensue.

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