Battered Child Syndrome, the first report describing Child Abuse in the U.S., was reported in 1962. It evolved into Child Protection Laws. [“The Battered-Child Syndrome”, C. Henry Kempe, M.D.; Frederic N. Silverman, M.D.; Brandt F. Steele, M.D.; William Droegemueller, M.D. ; Henry K. Silver, M.D., JAMA. 1962;181(1):17-24.]
The United States Federal Governmental enacted the first Child Protection Law known as Child Abuse Prevention and Treatment Act (CAPTA) 1972. CAPTA has been amended several times and was last amended in CAPT Reauthorization Act, 2010, Public Law 111-320. CAPTA 2010 was announced and promulgated, funds and resources were allocated and public policies were established.
Nine (9) years later, in 1981 Dr. Edwin R. Guise and Dr. Richard M. Ball, in disapproval, first described the terms respectively:
- · “Socially Approved Athletic Child Abuse”
- · “Battered-Child-Athlete-Syndrome”, [ 3.]
The Child Athlete Saving Bible is Human Rights in Youth Sport: (Ethics and Sport) by Paulo David that was published by Routledge December 16, 2004
“The human rights of children have been recognized in the 1989 UN Convention on the Rights of the Child, and ratified by 192 countries. Sport is an international language that everyone understands and a fundamental building block of Children’s Rights. Paulo David’s work makes it clear, however, that too often competitive sport fails to recognize the value of respect for international child rights norms and standards and respect for human rights of child athletes.” [critical review, Amazon.com]
This text, purchased by this scientific investigator, was thoroughly researched and was a fundamental text for Child Athlete Saving movement. Mr. Paulo David is Deputy Director, Office of the United Nations High Commissioner for Human Rights.
The Thin Thirty, a book by Shannon Ragland, published in 2007 by Set Shot Press, was a monumental action toward Child and Youth Athlete Safety and Prevention of Child Athlete Abuse.
TTT was also historic in the definition of Child Athlete Abuse Syndrome. The Thin Thirty enabled our team to find our teammates from our 1962 University of Kentucky Football Team that resulted in our reunion in 2008 and discussion and research of our football tragedy. TTT told our tragic football story of brain-washing brutality that reduced our squad from 88 to 33 athletes. Our thanks to Shannon Ragland and his family. So should the thanks of all Child and Youth Athletes.
Genuine Athlete Safety 1st began to proliferatre, having been seeded by 'The Thin Thirty', written by Shannon Ragland and published by Set Shot Press, 2007, a story about the 1962 University of Kentucky cammando, totalitarian football Athlete cruelty, abuse and tragedy.
- After 'TTT' many advocates, Athlete Communities and legal scholars began understanding and learning the differences between
- Accidental, Not Preventable standard of care injuries
- that occur during Child and Youth Amateur Athletes' normal Sport, Recreation, and Exercise (SRE) participations by the rules of the games and ethical teaching, supervision and coaching i.e. fractured arm, broken teeth, ACL etc.
- and Not-Accidental, Preventable irregular, potentially criminal and wrongful death, standard of care (SRE) injuries
- caused and/or allowed to be caused by
- unethical, abnormal, winn-at-all-costs-to-vulnerable-Athletes, unusual and non-standard-of-care teaching, supervising, coaching and medical malbehaviors.
In 2007 Women’s Sports Foundation and Nancy Hogshead-Makar, J.D. began setting policy on verbal, physical, psychological and sexual abuse in an attempt to decrease these offenses. Hogshead-Makar served on the board of trustees from 1987 to 1993 and as its President from 1993 to 1994. She was their Legal Adviser from 2003-2010, and was their Senior Director of Advocacy from 2010-2014. In 2014, Hogshead-Makar founded Champion Women. [Addressing the Issue of Verbal, Physical and Psychological Abuse of Athletes: The Foundation Position Oct 7, 2007 By Women’s Sports Foundation]
Child Athlete Abuse Syndrome (CAAS) Forensic definition by Micheal B. Minix Sr,. M.D. began following preparation in 2007 for the June 2008 UK Football Reunion. The teams’ injuries were investigatredand reported: “The Longitudinal and Retrospective Study of The Impact of Coaching Behaviors on the 1961-1962 University of Kentucky Football Wildcats” Part i by Kay Collier McLaughlin, Ph.D., Part II by Micheal B. Minix Sr. M.D., Twila Minix, R.N., Jim Overman, Scott Brogdon.
Subsequently, Athlete Safety 1st website was published and copy written 2009. This website https://athletesafety1st.xyz
has replaced the original website which became electronically outdated.
As a consultant to the National Cheer Safety Foundation and other groups, this author/editor taught CAAS to advocates and organizations incorporating training following instruction in Child Abuse Recognition Education (C.A.R.E.) sponsored by Prevent Child Abuse KY and U of Louisville Department Of Pediatric Forensic Medicine.
"Child Athlete Abuse Syndrome was first authored by Micheal B. Minix, SR., M.D. in 2009. Child Athlete Abuse Syndrome, A New Disease was further described November 15, 2010.
Permission for use was granted to Kimberly Archie for the Cheer Safety and Risk Management Guide. (3537 words) by Micheal B. Minix, Sr., M.D. cc Sept. 2009 with copyright restrictions on “changes, alterations and other uses such as redistribution and sale of this document are not to be made without my permission.”*
Permission was granted to Cheryl Hoffman, Educational Director and assistant to the Executive Director for the National Collegiate Acrobatics and Tumbling Association, August 15, 2011 to use articles from my website Athlete Safety 1st in the “Risk Management Standards and Manual” online at: http://issuu.com/ncata/docs/risk_management?viewMode=magazine.
Child and Adult Physical and Psychological [Emotional] Athlete Abuse), a Public Health Crisis, was prepared for Presentation to Deputy Secretary Steven Nunn, the Kentucky Cabinet for Health and Family Services April 24, 2010 by mbmsrmd and the A.S.1st Team.
Child Athlete Abuse was discussed during break-out session during this scientific investigator’s C.A.R.E. training. C.A.R.E. is Child Abuse Recognition Education. In the past Child Athletes have been overlooked. C.A.R.E. staff reported after a pointed question from this scientific investigator, mbmsrmd, concerning the investigation of Coaches for Child Abuse 1 month following training after the question had been submitted up the ladder to DCBS top ranking officials:
“The Child Safety Branch of DCBS (Department of Community Based Services which has a branch in each Kentucky county) has responded to the question regarding coaches as caregivers”……“Our agency [DCBS] investigates abuse and neglect allegations involving situations where a person is providing care, has custody or has control of a child. Teachers, camp counselors, bus drivers, babysitters, grandparents, coaches etc. fit in to that category if they are left to care for a child and the parent is not present (for supervision and caregiving). To my knowledge we are investigating these type situations in this manner across the state. If [DCBS] staff have questions about whether a person falls into these categories, they can consult with Central Office or their regional attorney.” [C.A.R.E. Coordinator, Feb. 27, 2009]
“Child Abuse Recognition Education is a very important endeavor. The mission of C.A.R.E. (Child Abuse Recognition Education) is to develop, support and grow a statewide network of doctors, key medical personnel and medical office staff who have committed themselves to ensuring the children in their communities are free from abuse and neglect as a result of receiving office-based training from their medical peers.” [Prevent Child Abuse Kentucky, http://www.pcaky.org/care.html]
This scientific investigator, Micheal B. Minix, Sr., M.D., was trained and certified with many other doctors by C.A.R.E. for the instruction of physicians and their office staff in their community-based offices about the recognition of Child Abuse. C.A.R.E. is a division of Prevent Child Abuse Kentucky.
Child SRE Coaches are recognized as “Temporary Substitute Caretakers” (TSC) in the eyes of the Public Law 111-320, Child Abuse Prevention Treatment and Reauthorization Act and the Kentucky Department of Community Based Services (DCBS) and Child Protection Services (CPS).
“A bill aimed at improving safety for high school athletes won initial legislative approval.” House Bill 383 became Kentucky Law: 2009 Ky. Acts ch. 90, sec. 2, effective March 24, 2009.
“Dr. Michael Minix Sr., a physician and former University of Kentucky football player, testified in favor of HB 383 before the KY House of Representatives, Education Committee that coaches don’t always abide by medical guidelines and that they need to be better educated about risks to players.” “Athlete abuse is on the rise in the United States,” Minix said. [Panel OKs Athlete Safety Bill, Feb 25, 2009, by Stephenie Steitzer Courier Journal Newspaper, Louisville, KY]
Forty-nine years after the report of Battered Child Syndrome, April 29, 2011, Micheal B. Minix, Sr., M.D., this scientific investigator, presented the Forensic Definition of “Child Athlete Abuse Syndrome, A New Disease” at the Athlete Abuse Summit, Omni Parker House, Boston, MA.
This was the first public conference report of mbmsrmd’s CAAS’s definition, following his scholarly inquiry, investigation, interpretation of facts and correction of accepted theories and laws because of new facts.
This scientific investigator has been a member of the Brunel International Research Network for Athlete Welfare (BIRNAW) since Nov 19, 2010/ BIRNAW is a group of international researchers who are working together to promote athlete welfare through research and consultancy. Brunel University is in East London, UK. Members are provided article and updates, periodically, concerning international Child Athlete Welfare.
In Suite 101, Terry Zeigler reported, “While 2010 has become known as the “Year of Concussion Awareness”, 2011 needs to become the “Year of Child Athlete Abuse Awareness”.
“Actions by coaches resulting in youth athlete injuries need to be taken seriously by both the parents and by athletic administrations. Immediate action should be taken by the team’s athletic administrations to remove the coach, report the incident to the local authorities, and assist in providing the authorities with their full cooperation during any ensuing investigation.” [Suite101: The Athlete Abuse Summits report from Terry Zeigler: http://terry-zeigler.suite101.com/child-athlete-abuse-syndrome–when-athletes-pay-the-price-a393385]
Different well-intentioned organizations have worked to improve education and awareness of all parties, particularly Coaches. They have gathered insignificant permanent effects on sports violence and abuse. Most well-intentioned have very small power and authority.
So, who will rescue and prevent child and adult athlete physical and psychological (emotional) injuries and deaths and sexual abuse? Multitudes have been recruited for this cause from all business and professional fields, but advocacy as recommended by the Surgeon General in 2005 has for the most part fallen on deaf ears. [ Surgeon General’s Workshop on Making Prevention of Child Maltreatment a National Priority: Implementing Innovations of a Public Health Approach, Surgeon General’s Workshop Proceedings Lister Hill Auditorium, National Institutes of Health, Bethesda, Maryland March 30–31, 2005]
Finally, well known, celebrity sports organizations and health care personnel have weighed in on the problem. March, 2013 The Cal Ripkin Jr. Foundation hosted a summit on Abuse of Child Athletes. Their summit focused on Child Athlete Sexual Abuse. Ripken he decided to take on the chief question before the sporting community: “What can we do to make kids safer?” [March 19, 2013 by Yvonne Wenger, The Baltimore Sun]
That was good news. This scientific investigator has awaited Sports Medicine doctor’s advocacy for years. They are more impactful. Dr. James Andrews has just now stepped-up to the plate. “He’s had enough.” “Dr. Andrews is the father of modern sports medicine and one of the most influential figures in the world of athletics. In his new book (2013) ‘Any Given Monday’, he distills his practical wisdom and professional advice to combat a growing epidemic of injury among sports’ most vulnerable population: its young athletes.”
It appears, from this editor’s opinion that Dr. Andrews in his new book, ‘Any Given Monday’ (Jan 2013) has called out:
· Doctors, who have failed Child and Youth Athletes because they have failed to initiate an Awareness Campaign against Preventable, Not-Accidental sports injuries and deaths
· Parents, Guardians and Coaches, who have pushed and punished Child and Youth Athletes beyond their physical and emotional limits causing or allowing to be caused directly or indirectly Preventable, Not Accidental Overuse and other injuries. [Athlete Safety 1st] What do Coaches, parents and doctors of child and youth athletes have in common? They often share the responsibility for child and youth athletes’ protection and, likewise, their injuries and deaths.
· Coaches and parents are caretakers according to child protection laws, when child athletes are in their care, custody and control. Responsibility matters. Doctors are responsible for the diagnosis and treatment of athlete morbidity. Medical examiners and coroners are responsible for examination of deceased child and youth athletes following Sports, Recreation and Exercise (SRE) mortality.
All three groups are responsible for reporting the following serious injury or death circumstances:
· Child Athlete Abuse Syndrome is a Short Title for a Clustering of Child (<18) or Youth (15-18) Athlete Serious Injury, Disease and/or Death secondary to:
- · ► Physical endangerment, maltreatment and/or abuse
- · ► Psychological (Emotional) endangerment, maltreatment and/or abuse
- · ► Sexual Abuse
- · ► Failed child custodial protection
- · ► Negligent care giving supervision
- · ► Human rights violations
- · ► That were inflicted, caused, created, or allowed to be inflicted, caused, created, directly or indirectly by the Problematic Coach, including the Strength Training, Conditioning and other specialty Coach, Problematic Parent or other Problematic Caretaker Person who has Child and Youth Athlete custodial protection, supervision, care and control during Sports, Recreation and Exercise Participation
- · ► Failure to report the morbidity and mortality to Authorities is Illegal. [1.] [6.]
- · ► In most United States, Children are minors when less than 18 years of age.
- · ► The United Nations define Youth as persons between the ages of 15-24.
The following are examples of the potential consequences when Child Athlete Abuse Syndrome is Covered-up and Not-Reported: The Judge ruled Tuesday, July 30, 2013, that Penn State’s then-president Graham Spanier, retired university vice president Gary Schultz, then-athletic director Tim Curley will be tried on charges of cover-up, perjury, obstruction, endangering the welfare of children, failure to properly report suspected abuse, hiding evidence from investigators and lying to the grand jury, and conspiracy from the case against Coach Jerry Sandusky, a former Penn State assistant football coach, who was convicted for sexually preying on and abusing boys. [By Tim Polzer, July 30, 2013 Sports Illustrated Wire]
Child Athlete Abuse Syndrome and Cruelty to Children in Sports, Recreation and Exercise (SRE) are matters of importance to Doctors and Health Care Personnel. They should summons all Doctors and Health Care Personnel into action for the Awareness and Prevention of these Child Athlete Preventable, Not-Accidental morbidities and mortalities.At any given time, one or another of the three adults might be blameful. All three are mandated reporters in most of the United States. This publication’s 3 main objectives are to:
- Prevent Child Athlete Abuse Syndrome (CAAS) and Cruelty to Child and Youth Athletes, who participate in Sports, Recreation and Exercise (SRE)
- Promote Athlete Safety 1st
- Prevent Criminal and Civil Risks for “Problematic Coaches” who don’t know their legal relationship with Children who participate in SRE
- These objectives are to be accomplished by utilizing Education, Teaching, Scholarship, Research, Advocacy and Legislation.
- “Problematic caretakers” will continue maltreating and abusing athletes as long as they believe they can get away with it.
- ·Most individuals have a clear understanding of the meaning of violence.
But the laws, policies and practices that are in place to protect children outside of sport are not always applied to organized SRE play. Within certain sports, there are a variety of definitions and situational circumstances that distort the meaning of the word, violence.
“Violence in sport can be defined as behavior that causes harm, occurs outside of the rules of the sport and is unrelated to the competitive objectives of the activity.” [2.] That is the definition by sports concerns.
Violence against children is universally defined and superior to sports. Let’s be clear from the beginning. Child Athlete Abuse Syndrome and Cruelty to Children in SRE is medical doctor business. They should summons all doctors for awareness and prevention of Child Athlete morbidity and mortality.
If “problematic coaches and parents” are the culprits, their unlawful behaviors should trigger Forensic Medicine Investigations immediately following the incidents.
Child is defined as a human less than the age of majority, usually 18 years in each United State. The United Nations define youth as persons between the ages of 15 and 24.
UNESCO understands that young people are a heterogeneous group in constant evolution and that the experience of ‘being young’ varies enormously across regions and within countries.” Minor Youth would be age 15-18. [3.]
When Child is used in this publication, minor youth are also implied. Coaches, Parents, Guardians and every Caretaker cross the line, when they cause, create or allow others to cause or create, directly or indirectly, circumstances that push and punish Child and Youth Athletes beyond their Physical and Emotional Limits and perpetrate Sexual Abuse.
Doctors and Health Care Personnel cross the line when they cover-up or fail to document and Report Forensic Histories, Physical Examinations and Treatments for Child Athlete Abuse Syndrome. Doctors and Health Care Personnel risk Criminal Charges for Failure to Report Child Abuse and potential Civil Law Suits, when unreported Child Abuse escalates because it was not reported.
All Reporters have immunity to HIPPA laws and anonymity from their identity disclosure. Child Athletes and Youth Athletes, less than 18, are Children first and Athletes second participating in SRE during every nanosecond. Child Athletes (<18) are defined and governed by their Age of Minority, not the activity in which they participate.
“No Sport is a Kingdom unto its own,”…. “No one is above the Law.” said former Secretary of State and avid Sport Fan, Condoleezza Rice. [11.]The Code of Silence in Amateur Sports from administrations down to Coaches is nothing but a cover-up for bad Coaching behaviors and Child Athlete dangers. For example: The Case of the Penn State alleged cover-up will be tried later this year (2013)
Every Child is covered by the Umbrella of Child Protection Law on every inch of ground, and every venue, during every nanosecond of time. That Umbrella is passed from Caretaker to Caretaker as Children pass from one venue to another. Children are never without the Umbrella of Child Protection Law, until they reach the age of adulthood, 18 in most United States.
Child and Youth Athletes Do Not relinquish their Human Rights to the Coach, School, Athletic Association or anyone when they sign-up to participate in Sports, Recreation and Exercise.
There are 2 different groups of Amateur Athletes under consideration i.e. Children and Youth Adult Athletes. This report is about Child Athlete Abuse Syndrome, but most of the content it is applicable to Youth and Adult Athletes.
All Coaches of Child Athletes, age less than 18, are Temporary Substitute Caretakers of Children, while the Children are in the Care, Custody and Control of the Coach during their participation in Sports, Recreation and Exercise.
Child Abuse Statutes and other Legal Statutes in Adult Criminal Court are applicable, depending on the state court. In some states complex issues can be tried in both Family and Adult Criminal Courts simultaneously and it is not double jeopardy. For example in KY see KRS 620.120.
However, children victims and witnesses have Rights in Court. Children should not testify in public, photographed and videotaped court rooms for many reasons.
Conversely, Youth Adult (>18) Amateur Athletes in Sports Recreation and Exercise, College, Olympics and elsewhere enter into more than a Fiduciary Trust Standard of Care, when they are recruited and commit to play-for and provide-their-athletic-abilities in exchange for their Participation with Proper Care, Safety, Welfare and possibly Education. Legal Statutes in Adult Criminal Court are applicable.
UNIVERSITY’S DUTY OF CARE TO STUDENT CHILDREN AND YOUTH ADULT ATHLETES: “Universities DO Enter into more than just a contractual relationship, especially in relation to their recruited student-athletes. The University had a DUTY to protect him and other student-athletes when the chances of harm are reasonably evident.” [Adam Epstein and Paul M. Anderson, The Relationship Between a Collegiate Student-Athlete and the University: An Historical and Legal Perspective, 26 Marquette Sports Law Revue. 287 (2016) Available at: http://scholarship.law.marquette.edu/sportslaw/vol26/iss2/3]
SPECIAL RELATIONSHIP AND DUTY OF CARE"The discussion between participation privilege, right, and allegations of negligence continues as other courts have made clear that Universities DO enter into more than just a contractual relationship, especially in relation to their recruited student-athletes. Since the early 1990s courts have found that a special relationship exists between a college and a recruited student-athlete based on the nature of the college’s efforts in bringing that specific student to campus with a promise to provide him or her with an athletic scholarship.
· "The case that began this notion of a special relationship involved a lacrosse player who was injured on the practice field and died because emergency services did not get to him in time. The player’s estate sued the university claiming that it had a duty to provide proper care to him because the university specifically recruited him to play lacrosse and he died during a scheduled athletic practice.
· 16 "The court agreed in 1993, finding that a special relationship existed and that the university owed him a Duty of Care as an intercollegiate athlete.
· 17 "Although some courts have not agreed that there is this special relationship between a university and a recruited student-athlete leading to a Duty of Care,
· 18 the majority of courts have found that this special relationship leads to a duty for schools to give adequate instruction in athletic activity, supply proper equipment, make a reasonable selection or matching of participants, provide non-negligent supervision of the particular contest, and take proper post-injury procedures to protect against aggravation of the injury.
· "Nicholas Knapp was recruited by Northwestern University to play basketball but before enrolling he suffered cardiac arrest during a high school pick-up basketball game. Although he recovered, the university would not allow him to participate in basketball, although it continued to honor his scholarship. In fact, the NCAA eventually held that he was permanently medically ineligible and he sued claiming violations of various disability laws.
· 19 "In 1996, the court agreed with the university and found that based on the special relationship between Knapp and Northwestern, the university had a duty to protect him and other student-athletes when the chances of harm are reasonably evident. 20[Adam Epstein and Paul M. Anderson, The Relationship Between a Collegiate Student-Athlete and the University: An Historical and Legal Perspective, 26 Marq. Sports L. Rev. 287 (2016) Available at: http://scholarship.law.marquette.edu/sportslaw/vol26/iss2/3]
Nicholas KNAPP, Plaintiff-Appellee, v. NORTHWESTERN UNIVERSITY: "We disagree with the district court's legal determination that such decisions are to be made by the courts and believe instead that medical determinations of this sort, “the exclusion or disqualification of an individual {{{ from participating is Sport, Recreation and Exercise }}} are best left to team doctors and universities as long as they are made with reason and rationality and with full regard to possible and reasonable accommodations.
· "In cases such as ours, where Northwestern has examined both Knapp and his medical records, has considered his medical history and the relation between his prior sudden cardiac death and the possibility of future occurrences, has considered the severity of the potential injury, and has rationally and reasonably reviewed consensus medical opinions or recommendations in the pertinent field--regardless whether conflicting medical opinions exist--the university has the right to determine that an individual is not otherwise medically qualified to play without violating the Rehabilitation Act.
· "The place of the court in such cases is to make sure that the decision-maker has reasonably considered and relied upon sufficient evidence specific to the individual and the potential injury,not to determine on its own which evidence it believes is more persuasive.
· 51 "Other courts have held the same. In Pahulu, for instance, an intercollegiate football player presented testimony of three specialists in an attempt to show that his risk of permanent neurological injury was no greater than any other player's and that the University of Kansas declared him physically ineligible based on misconceptions. The Kansas district court nevertheless found that "the conclusion of the KU physicians, although conservative, is reasonable and rational ... and is supported by substantial competent evidence for which the court is unwilling to substitute its judgment." Pahulu, 897 F.Supp. at 1394. We reject those cases intimating that a school's rational decision has no weight. See Poole v. South Plainfield Bd. of Educ., 490 F.Supp. 948, 954 (D.N.J.1980) (school board incorrectly "insisted nonetheless in imposing its own rational decision over the rational decision of the Pooles").
· 52 "In Arline, where a school teacher with tuberculosis was fired and thereafter sued her employer under the Rehabilitation Act, the Supreme Court stated that an "otherwise qualified" inquiry must be individualized and
· 53 "should include 54 "... facts, based on reasonable medical judgments given the state of medical knowledge, about(a) the nature of the risk ..., (b) the duration of the risk ..., [and] (c) the severity of the risk...." 55 "In making these findings, the courts normally should defer to the reasonable medical judgments of public health officials."
· 56 "Arline, 480 U.S. at 287-88, 107 S.Ct. at 1130-31. The Court, however, refrained from addressing the deferential weight of the medical judgments of private physicians on which the employer relied. Id. Although the Bethesda Conferences were not convened by public health officials and such guidelines should not substitute for individualized assessment of an athlete's particular physical condition, the consensus recommendations of several physicians in a certain field do carry weight and support the Northwestern team doctors' individualized assessment of Knapp. {{{ consensus recommendations = CERTAINTY / SURENESS }}}
· 57 "We do not believe that, in cases where medical experts disagree in their assessment of the extent of a real risk of serious harm or death, Congress intended that the courts--neutral arbiters but generally less skilled in medicine than the experts involved--should make the final medical decision. "
· "Instead, in the midst of conflicting expert testimony regarding the degree of serious risk of harm or death, the court's place is to ensure that {{{ if the }}} “the exclusion or disqualification of an individual {{{ from participating is Sport, Recreation and Exercise }}} So long as these factors exist; the decision was individualized, reasonably made, and based upon competent medical evidence, it will be the rare case regarding participation in athletics where a court may substitute its judgment for that of the school's team physicians.”
· "Stated by the Supreme Court: “otherwise qualified” inquiry must be individualized and should include….“․facts, based on reasonable medical judgments given the state of medical knowledge, about(a) the nature of the risk ․, (b) the duration of the risk ․, [and] (c) the severity of the risk․”In making these findings, the courts normally should defer to the reasonable medical judgments of public health officials. [Arline, 480 U.S. at 287-88, 107 S.Ct. at 1130-31.]
· "In addition, other impairments usually do not have as severe a result as is possible in this case.
· 45 C.F.R. pt. 84, app. A, subpt. A(5); 34 C.F.R. pt. 104, app. A, subpt. A(5). Although blanket exclusions are generally unacceptable, legitimate physical requirements are proper. See Southeastern, 442 U.S. at 407, 99 S.Ct. at 2367; Davis v. Meese, 692 F.Supp. 505, 517 (E.D.Pa.1988), aff'd, 865 F.2d 592 (3d Cir.1989).
· [101 F.3d 473, 65 USLW 2379, 114 Ed. Law Rep. 460, 19 A.D.D. 355, 9 NDLR P 32, Nicholas KNAPP, Plaintiff-Appellee, v. NORTHWESTERN UNIVERSITY, an Illinois not-for-profit corporation, and Rick Taylor, Defendants-Appellants. No. 96-3450. United States Court of Appeals, Seventh Circuit. Argued Nov. 7, 1996. Decided Nov. 22, 1996. Rehearing and Suggestion for Rehearing En Banc Denied Jan.3, 1997.* Robert Andrew Chapman (argued), Chicago, IL, Eldon L. Ham, Northbrook, IL, Robert J. Shapiro, Jamaica Plain, MA, for Nicholas Knapp.Amy D. Mayber, Northwestern University, Evanston, IL, Julian Solotorovsky (argued), Eric F. Quandt, Kelley, Drye & Warren, Chicago, IL, for Northwestern University and Richard Taylor. Matthew J. Mitten, South Texas College of Law, Houston, TX, for amici American Medical Society for Sports Medicine and American Osteopathic Academy of Sports Medicine. Before BAUER, DIANE P. WOOD and EVANS, Circuit Judges.TERENCE T. EVANS, Circuit Judge.]
Problematic Abusers will continue maltreating and abusing as long as they believe they can get away with it. Unfortunately the Will to Enforce the Law is the greatest Prevention and Deterrence of Child and Youth Athlete Abuse.
Prevent Child Athlete Cruelty and Abuse. Stop Coaches, Parents and Doctors from Crossing the Criminal and Civil Lines. U.S REP. GEORGE MILLER ASKED GAO TO INVESTIGATE YOUTH ATHLETIC CLUBS’ CHILD ABUSE ALLEGATIONS And Expand Investigation into Child Abuse Reporting Laws to Include Athletics, Extracurricular Activities
Everyone, including Doctors, Parents, Health Care Personnel, Coaches, and the entire Athletic Community will report and Pre-Pubescent and Adolescent Children will self report Child Athlete Abuse Syndrome, not delay, once they understand Child and Youth Athlete Rights, which will be made “Crystal Clear”, under the new amended 111-320 Public Law and once it becomes Public Policy following promulgation, announcement and dissemination. [U.S. Rep Miller asks GAO to Expand Investigation into Child Abuse Reporting Laws to Include Athletics, Extracurricular Activities Jun 18, 2013 Issues: Labor, Wages and Benefits Committee on Education and the Workforce http://democrats.edworkforce.house.gov/press-release/miller-asks-gao-expand-investigation-child-abuse-reporting-laws-include-athletics]
“Parens Patriae” Doctrine Grants Power and Authority of the State to protect minor Children, age less than 18, and other persons who are legally unable to protect themselves.
The Etymology of “Parens Patriae” is from Latin meaning Government is “Parent of the Nation”“Parens Patriae” doctrine is the legal framework for the Special Standard of Child Care STATES MUST COMPLY WITH FEDERAL LAW, CAPTA 2010
· State Child Abuse Performance Procedures and Actions should reflect CAPTA 2010 because of the 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
· In U.S., the State is the “Supreme Guardian” of all Children but must satisfying CAPTA 2010 compliance with the purposes for which the Federal Funds and Grants are made available to States by Federal Law.
- · If Parents, Guardians and Substitute Caretakers such as teachers and Coaches are Unable, Unwilling or Fail to Protect their Children or other Children when they are in the custody and control of Substitute Caretakers like Coaches:
- · The Government has the power and will Protect Child Safety and ensure proper Child Care
- · The State has the power / authority to take action to Protect the Child from harm. [46.]
- · Tripartite Relationship = PARENT + CHILD + STATE
- · “Parens Patriae” Balances the Rights and Responsibilities among Parents-Child-State as guided by Federal Laws
- · The Umbrella of Child Protection follows children wherever they go; in every venue Same Tripartite Relationship exists for the Coach Coach-Caretaker + Child-Athlete + State
- · It is Permissible for the Coach-Caretaker to use His/Her Methods of Coaching children in Sports, Recreation and Exercise (SRE):
- · Providing the Coach complies with the Special Standards of Care issued by State for a Child
- · The Tripartite Coach-Caretaker + Child-Athlete + State Relationship is In Effect during Practices, Camps, Over-Nights, Travel Teams, Closed Practices. (These are the “Be Vigilant for Parents and Guardians Venues”)
- · For Children the Supreme Power of the State following Federal CAPTA 2010 mandates are in Effect On Every inch of Ground, Every Second of Time in the United States
-
· References:
- · 1. Child Athlete Abuse Syndrome: Medical-Legal and Forensic Definition
- · 2. Conversation with Paul Melia and Karri Dawson live, beyond the Cheers
- · 3. UNESCO
- · 4. Surgeon General’s Workshop on Making Prevention of Child Maltreatment a National Priority: Implementing Innovations of a Public Health Approach, Surgeon General’s Workshop Proceedings Lister Hill Auditorium, National Institutes of Health, Bethesda, Maryland March 30–31, 2005
- · 8. The Great Football Coach (Or Basketball Coach) research paper. by Micheal B. Minix, Sr., M.D.
- · 107. TRUE SPORT LIVES HERE – Anastasia, G. // George, D
- · 119. WOMEN’S SPORTS FOUNDATION – Addressing the Issue of Verbal, Physical and Psychological Abuse of Athletes: The Foundation Posit