Tuesday, June 5, 2012

COACH OF CHILDREN IS A ?SUBSTITUTE CARETAKER? IN THE ...

Child Protection Laws tell ?Substitute Caretakers? how far they can go, how they must behave and when they should stop, during care, treatment and interaction with Children, while they have custody and control of Children.

How ?shall? Coaches know they are ?Substitute Caretakers? and how ?shall? Citizens know to Report Coaches? Child Abuse, if Coaches aren?t defined, as intended by the Law, in Section 3. Paragraph 2 General Definitions of The Child Abuse and Prevention and Treatment Reauthorization Act 2010. Public Law 111-320.

STATES HAVE JURISDICTION

? ?Parens Patriae? Doctrine Grants Power and Authority of the State to protect minor Children, age less than 18
? Therefore, States have jurisdiction and are the Supreme Guardians of Children and have the power to Intervene of behalf of Children and Enforce Child Protection and Supervision Laws and adjudicate their violations
? Additionally Children born in the USA are U.S. Citizens, the subjects of Federal jurisdiction and other nations likewise.

STATES MUST COMPLY WITH CAPTA 2010

? State Child Abuse Performance Procedures and Actions should reflect CAPTA 2010 and further amemdmemts because of Federal Funds and Grants received by States
? States are mandated to alter their powers, duties and management functions satisfying CAPTA 2010 compliance with the purposes for which the Federal Funds and Grants are made available to States by Federal Law
? More than a Trickle-Down, Promulgated, Published Federal Law becomes a Deluge-Down to States. That?s how Coaches and Citizens ?shall? know about their duties.

Involuntary Ignorance of Child Protection Laws can result because the Laws are not ?Crystal Clear?.

April, 2012. Youth Baseball has begun. Baseball parks are sights to behold, full of great memories and a place for continued developmental recreation.

But everyone should exercise caution when Children are at play. The reasons follow.

When Parents and Guardians leave their Children

In addition, the signed Permission to Participate in Baseball, and in any School and Non-School Sport, Recreation and Exercise for Children

Permission is not grated or waived for unlawful behavior, Child Abuse and Gross Negligence.

Since Children are required by law to attend school, extracurricular school activities automatically transfer the same Teachers? Care and Welfare to the extracurricular Coach or Supervisor.

Children?s Participation in SRE is about Participant and Athlete Safety 1st.

Times have changed since many Coaches, the lawn chair grandparents and parents played the games. The Child Abuse Prevention and Treatment Reauthorization Act 2012, Public Law 111-320 was first enacted in 1972 after many Coaches, grown-ups and elders played the games.

Voluntary Ignorance of Child Protection Laws (When Child Protection Laws are Crystal Clear to Coaches and Everyone) are:
? Risk of injury to Children
? No excuse for serious injuries and deaths
? No defense in court serious injuries and deaths
? Risk of litigation for Coaches

? {the Following is a Proposed additional Public Health Amendment to Section 3. Paragraph 2. an innovation by Athlete Safety 1st as suggested in 2005 by the U.S. Surgeon General. The New Language is Capitalized and a recommended addition to S. 1877 described below}:

(A) any recent act or failure to act, on the part of a parent or caretaker, ?INCLUDING COACH SUBSTITUTE CARETAKERS OF SCHOOL AND NON-SCHOOL SPORTS, RECREATION AND EXERCISE?, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm;

Report Child Abuse.

[The CAPTA Reauthorization Act of 2010: What Advocates Should Know, Children?s Rights Litigation, Section of Litigation, AMERICAN BAR ASSOCIATION - Home ? Children's Rights Litigation ? Articles]

Link: http://apps.americanbar.org/litigation/committees/childrights/content/articles/010311-capta-reauthorization.html

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