Even suspicion of sex abuse must be reported, Florida experts say in wake of Penn State scandal

By Jane Musgrave and Ana M. Valdes

As federal officials this week continue to investigate whether Penn State University failed to report incidents of alleged sexual abuse on campus as mandated by federal law, many child advocates in Florida are hailing a state statute that requires professionals such as school personnel, to report any suspicion of child abuse or neglect to law enforcement.

But the law, which specifies teachers, doctors, child care workers and other professionals must report abuse, has let to few penalties for those who don't follow it in Palm Beach County, according to records from the State Attorney's Office.

Only two people have been charged for failing to report abuse since 1999, while 37 have been prosecuted for falsely reporting abuse, records show.

Statewide, the Florida Department of Children and Families doesn't keep track of cases where people were penalized for failing to report abuse, "but we are not aware of great numbers of prosecutions," DCF spokesman Joe Follick said.

"Obviously, (the law) is not a heavy-handed effort by the state to penalize anyone who might accidentally not have the judgment to report (abuse), but I think it is an indication of how seriously the Florida legislature and Floridians understand the responsibility of everyone to make sure that children are safe," Follick said.

Some of the law's supporters, however, agree that regardless of few prosecutions for potential violators, Florida Statute 39.205 holds many professionals accountable for keeping children safe. And had such a state law been in force in Pennsylvania -- something state officials there now are considering -- it could have averted crimes and brought offenders to justice sooner, Florida expertsay.

Former prosecutor Scott Cupp, who ran the Crimes Against Children Unit in the Palm Beach County State Attorney's Office, said such a law could could been used to charge all the Penn State officials who knew about former defensive coordinator Jerry Sandusky's alleged sex abuse of boys.

While federal law ultimately was brought to bear on Sandusky, the U.S. Department of Health and Human Services specifies that primary responsibility for child welfare services rests with the states.

"McQueary, McQueary's father, Paterno, Spanier, Curley," Cupp said, ticking off the names of the high-level Penn State officials who were alerted, according to a grand jury report that accused Sandusky of sexually abusing eight boys over a 15-year period.

Since the release of the report, Penn State's head football coach Joe Paterno was criticized for not doing more to stop the alleged abuse. He was particularly scolded for how he handled an alleged 2002 incident at the university's football complex, in which then-graduate assistant and current assistant coach Mike McQueary told Paterno that he saw Sandusky assaulting a boy in the showers.

Paterno notified the athletic director, Tim Curley, and a vice president, Gary Schultz, who in turn notified university President Graham Spanier. Paterno and Spanier were fired Wednesday, and Curley and Schultz have been charged with perjury and failing to report the incident to authorities.

Although Paterno is not a target of the criminal investigation, Pennsylvania's police commissioner called his failure to contact police himself a lapse in "moral responsibility."

Cupp, who often spoke to local health care workers and educators about their responsibilities under Florida law, said he would always specify they should not just report abuse to a superior, but call the Department of Children and Familes' Child Abuse Hotline.

"You both call it in," he said. "What's the worst that could happen? We spent two dimes."

In addition, he said, using a teacher as an example, there's no way of knowing what's going on behind the scenes. "For all you know, the assistance principal and the perp are drinking buddies."

Lake Worth attorney Betty Resch, who also led the Crimes Against Children unit in the 1990s, agreed that Paterno had a legal obligation to call police when told Sandusky had been seen having sex with a young boy in a university shower.

"I think he did the right thing by going to his superiors," she said. "But he should have followed up. It should have been so disturbing to him that he should have followed up, to want to find out what was happening and how the school was handling it."

In Florida, all residents, not just "professionally mandated reporters" such as teachers and hospital workers -- are required to report any suspicion of abuse or neglect to the Department of Children and Families' Florida Abuse Hotline, said department spokesperson Joe Follick. (The hotline number is 800-962-2873.)

In fiscal year 2010-2011, the hotline received 313,307 calls, according to DCF records. The slightest suspicion warrants a call, even if the reporter did not hear about the alleged abuse directly from the victim, Follick said. "It can be anyone who has knowledge or suspicion of this," he said. "You can say, 'well that creates more work,' but we would always rather err on the side of having too many calls come in than not enough."

A lawyer for Schultz, the ousted Penn State vice president, said he will seek to have the reporting charge dismissed because the mandated reporting rules only apply to those who come into direct contact with children.

On the heels of the Penn State sex scandal, legislators in Pennsylvania have said they would introduce legislation to strengthen mandatory reporting laws in child abuse cases. State Rep. Kevin Boyle says he will introduce a bill that would require mandated reporters to notify police themselves rather than pass their information on to superiors at work.

"It is clear that a loophole exists in our law," Boyle told The Associated Press. "My legislation would close that loophole, by requiring those who are aware of the abuse to report it to law enforcement authorities, rather than simply following an in-house chain of command."

For Cupp, the former Palm Beach County prosecutor, Florida's law offers a safety net for young victims of abuse by specifically identifying mandatory reporters. "The statute in Florida accepts, anticipates and encourages redundant reporting," Cupp said.

The Associated Press contributed to this story.

Source http://www.palmbeachpost.com/news/crime/even-suspicion-of-sex-abuse-must-be-reported-1963465.html?page=2

Child abuse bill closer to becoming law in Wisconsin

School workers would have to report crimes

Written by Jim Collar

Advocates say a bill passed by the state Assembly last week expanding the list of those required to report child abuse will help prevent cases such as the one against a former Appleton teacher charged with abusing disabled students.

The bill, which passed the state Senate by a 31-1 vote in May, would require all school employees to report suspicion of child abuse to law enforcement or child welfare officials. The mandatory reporting law currently extends only to teachers, school administrators and counselors.

The bill moved through the Legislature as a felony case against former Janet Berry Elementary School teacher Mary C. Berglund progressed through Calumet County Court. The measure passed the Assembly on a voice vote Thursday and now requires Gov. Scott Walker's signature to become law.

Jeffrey Spitzer-Resnick, managing attorney for Disability Rights Wisconsin, referenced Berglund's case last week in a letter to Assembly members seeking support of the measure. He said the bill is a positive step to better protect children.

"One would hope that those who might abuse kids in school realize now that everybody in the building is a mandated reporter," Spitzer-Resnick said Monday. "If (abuse) happens, we're more likely to get reports and stop it faster."

Calumet County Dist. Atty. Jerilyn Dietz couldn't be reached for comment.

Berglund, 54, was charged in March with nine felony child abuse counts and one felony count of strangulation stemming from classroom incidents involving cognitively disabled children that occurred from 2009 into January.

Berglund's charges stem from documentation provided by a teacher's assistant relating to five students. On Jan. 6, the assistant said Berglund lay across a 9-year-old child, grabbed his throat and pushed his head back. In other incidents, police say Berglund grabbed children by their heads and necks and forced them to put their heads down during "time-out" punishments, the criminal complaint stated.

In the wake of the allegations involving Berglund, the Appleton Area School District changed its policy to meet the bill's goal by requiring all of its employees to report suspected child abuse or neglect.

The school board last month also created an ombudsman role to assist employees or serve as an alternative source for staff if they are uncomfortable telling their building principal.

Although Berglund's case was cited in support of the mandatory reporting bill, another 2011 case inspired it. In Racine, former teacher's aide Lewis Givens is charged with four counts of sexual assault in connection to incidents involving a 9-year-old girl on Dec. 21, 2010, and Jan. 6 and Jan. 10 of this year, the criminal complaint says.

In that case, a substitute teacher, an educational assistant and another staff member told police of witnessing incidents of inappropriate touching. Police, however, weren't contacted until Jan. 11.

Meanwhile, Berglund's case is on hiatus as attorneys wait for the appointment of a judge.

Judge Donald Poppy initially presided over the case. Attorneys planned to resolve the case by plea agreement in August, but Poppy — serving as a reserve judge — declined to accept the deal out of concern that a substantial reduction in charges wouldn't meet the public interest.

When Poppy retired, the case was assigned to Jeffrey Froehlich, who was appointed to Calumet County's judicial seat. It went to Fond du Lac Judge Peter Grimm based on a conflict of interest involving Froehlich, who was previously Calumet County's assistant district attorney.

Last month, a request was made for judicial substitution.

Source http://www.postcrescent.com/article/20111108/APC0101/111080410/Child-abuse-bill-closer-to-becoming-law-in-Wisconsin?odyssey=tab%7Cmostpopular%7Ctext%7CFRONTPAGE

Teacher Chokes Girl With Sweater, Drags Her Across Playground

Blog authors note:
Teachers are supposed to be in a tursted position - trusted with our precious children. In this position, they are also mandated reporters - mandated to report to the police/CPS if they suspect a child is being neglected or abused.
The below story calls into question not only the trust we put in teachers handling our children but into any report of suspected abuse or neglect they may report.
If teachers are abusing or neglecting our children, just how trustworthy are their reports to the authorities regarding suspected abuse and neglect?
Also, why aren't our children safe from this kind of maltreatment at school?
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October 24th, 2011 - By Brande Victorian

Teachers are getting out of hand these days. In Baton Rouge, a 65-year-old school teacher was arrested for allegedly tying a jacket around a 6-year-old girl’s neck and dragging her across the playground to the office. Bruises on the girl’s neck and right leg, and holes in her uniform seem to corroborate the story. For once, it also appears the police is on the side of the people.

“There is no valid excuse to take such action against a child,” says Police Chief Mike Knaps. “I’m in my 31st year with the police department and I’ve never been witness to anything like this before.”

The mother plans to transfer her daughter to a different school while the teacher is on paid administrative leave pending the outcome of the investigation. Sounds like it’s time for her to retire.

Source http://madamenoire.com/80940/baton-rouge-teacher-ties-sweater-around-girls-neck-drags-her-across-playground/