This is a great example of good intentions misdirected.
Penn State should not be penalized and this is why. It followed the law of the state. There is even indication that the school did inform one of my favorite State Attorney Generals, Tom Corbett who is in control of child welfare, or rather the Medicaid Fraud Control Unit.
This Bill will never go anywhere for the simple fact that is was not very well researched regarding its funding.
Penn State is neither a recipient nor a subrecipient of child welfare funding. The transgressor or what I prefer to call fraudfeasor is The Second Mile. This is the nonprofit organization which has violated standing federal policy and well-established federal law pertaining to funding compliance.
Is there even an appeal process and what venue will this be adjudicated? Administrative or judicial. I could go on and on about the substantial flaws of this proposal but I will not. It missed its mark and will not see the light of day.
Now, if one were to conceivably vision the passage of such legislation, it would be raining cats and dogs as just about every single child welfare service provider would be shut down because the horrors exist for children of foster care. Unfortunately, one would have to navigate around the shroud of secrecy in child welfare reporting and investigations. Hell, you would have to design a system to just collect and manage the data of the abuses in foster care. Wait, how the hell is a child going to report abuse in foster care? Give it to their case manager and say,
"Ms. Foster Care Worker, Mr. Program Man has been doing bad things to me. Would you please report this so you will loose your job and this agency is shut down making me throw my worldly possessions in a garbage bag to move to another town to live in another foster home which is so far from my mommy that you will end up putting me up for adoption to shred the evidence of the complaint I am about to hand you."
Instead of legislation that is just not technically nor economically feasible, how about enforcing some simple pre-existing mechanisms of compliance.
Oh, I have a better idea...have your staff return my damn calls.
jacksonlee.house.gov
Jackson-LeeContact: Bronson E. Woods (202) 225-3816
Congresswoman Jackson Lee to introduce The Federal Zero Tolerance of Child Sexual Abuse Act of 2011
Washington, Nov 16 -
THERE SHOULD BE ZERO TOLERANCE FOR SEXUAL ABUSE WITH OUR CHILDREN CONGRESSWOMAN SHEILA JACKSON LEE
Congresswoman Jackson Lee to introduce The Federal Zero Tolerance of Child Sexual Abuse Act of 2011
Washington, DC – Congresswoman Sheila Jackson Lee, Co-Chair of the House Congressional Children’s Caucus, released the following statement regarding protecting our children from any type of sexual abuse and the legislation she intends to introduce this week:
“As Co-Chair of the Congressional Children’s Caucus, I work diligently to bring attention to the interests of children, and to ensure that they are considered as Congress moves to enact laws across many different areas and industries. The incident at Penn State University is a very unfortunate situation. Much of the legislation that we face on a day to day basis can have a direct or indirect affect on children. The issue of non-profits and other entities that deal with children should be addressed when it comes to child sexual abuse.
“I will soon be introducing legislation that will immediately suspend and stop all federal funds being received by institutions, employees or any other entities where sexual abuse of children is not immediately reported. This legislation will of course exempt any funding going directly to students such as Pell Grants etc. This legislation will cover non-profits, state and local organizations and possibly other entities.
“Protection from child sexual abuse in the United States is principally the responsibility of state and local governments. Each of the 50 states has enacted laws defining child sexual abuse and mistreatment, determining when outside intervention is required, and establishing administrative and judicial structures to deal with mistreatment when it is identified.
“While principal responsibility for addressing child sexual abuse rests with states and local governments, the federal government does play an important supporting role. In 1974, Congress enacted the Child Abuse Prevention and Treatment Act, establishing the legal framework for current federal efforts which focus on data collection and technical assistance to states. The issues surrounding children are ever changing, and it is paramount that we stay current to ensure that policies intended to protect and benefit children, do in fact achieve their purpose.
“Because children need adults in order to receive protection from child sexual abuse and neglect, it is thereby imperative that anyone who works with children receives the training they need to identify evidence of child sexual abuse and neglect. Under Pennsylvania law, everyone is encouraged to report child sexual abuse; however, individuals who work with children are required to report child sexual abuse.
"The failure of top university officials to act on reports of Mr. Sandusky's alleged sexual misconduct, even after it was reported to them in graphic detail by an eyewitness, possibly allowed a predator to walk free for years - continuing to target new victims. Equally disturbing is the lack of action and apparent lack of concern among those same officials, and others who received information about this case, who either avoided asking difficult questions or chose to look the other way. My legislation will hopefully put an end to situations like this.
“Individuals who work with children need the appropriate training to detect and report evidence of child sexual abuse. These individuals form the first line of defense for children who do not have a voice in an adult world. Non profits who receive federal funds should receive additional funding for training on how to identify evidence of child sexual abuse and mandatory reporting procedures. As these persons have an authoritative relationship with the very children that we as a society hope to protect.
“Just last week, Ashley Billasano, known as ‘Billy’ to her close friends, from my state of Texas committed suicide because she could not deal with the sexual abuse that she had went through for years. She thought that there was no one she could turn to and as a result she took her own life. I hope people will understand that any suspicion of sexual abuse should be reported to the police. Sexual abuse is a serious issue and children are often scared to tell anyone about the abuse - many cases are hidden for years - but by informing the police they can stop it."
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