Child Abuse

News & Analysis as of

Script Newsletter: March 2014

In this issue: - A Look Behind the OIG’s Work Plan - Do You Need an Estate Plan? - Same-Gender Marriage Implications for Employee Benefit Plans - New Child Abuse Reporting Law Gets Tough -...more

New Child Abuse Reporting Law Gets Tough

“Any person who has cause to suspect that any juvenile is abused, neglected, or dependent, . . . , or has died as the result of maltreatment, shall report the case of the juvenile to the director of the department of social...more

Reporting Child Abuse

Most health care providers believe they understand their duty to report child abuse, but... There are a number of overlapping and apparently conflicting public policy objectives and the legal requirements can get...more

California Senate Introduces Bills to Expand Abuse Claims

For our readers who are involved in insuring public and private entities against sexual abuse claims, you may be interested to know that legislation to reform the civil and criminal statute of limitations for childhood sexual...more

CERCLA Principles in Child Pornography Cases

Although one might not ordinarily think to associate child pornography and pollution, the two were linked at an oral argument yesterday before the United States Supreme Court. Specifically, in a child pornography case, the...more

How to Defend Yourself Against Child Molestation Charges

Sexual abuse of minors is a terrible thing, but so, too, are false accusations of child molestation. The latter has happened in several highly publicized cases ? such as in Wenatchee, Washington in the 1990s, to two couples...more

No Immunity for School Counselor Who Disclosed Report on Suspected Child Abuse to Unauthorized Person

A mother sued a school counselor and a school district after the counselor gave a copy of a suspected child abuse report (“SCAR”) which indicated the mother abused their children, to the noncustodial father. A trial court...more

PA Senate Approves Bill Dramatically Expanding Abuse Reporting Requirements at Colleges and Universities

On October 16, 2013, the Pennsylvania Senate unanimously passed Senate Bill 31 which, if approved by the House of Representatives and signed by Governor Corbett, would substantially expand colleges’ and universities’ child...more

Special Immigrant Juvenile Status: Making Children Priority One

In any context, abuse and abandonment is a heartbreaking experience for the children and families it affects. While therapy and psychological treatment may help begin to heal the wounds abuse leaves behind, undocumented...more

Employee’s Disclosure Of Customer Information In The Face Of Suspected Child Neglect Held Protected Activity Under CEPA, District...

In Stapleton v. DSW, Inc., 2013 WL 1137119 (D.N.J., March 20, 2013), a retail store employee observed a child whom she suspected was being neglected by her parent, a shopper in the store. The employee lodged a report with the...more

Courts Strive For Joint Custody When Possible

When the courts in Florida consider granting custody of one daughter to a father who is facing child abuse charges for acts against another daughter, you know that the conventions of divorce have changed. ...more

Should the Court be Allowed to Disclose a Youth Pastor’s History of Sexual Abuse?

Well, that depends on who is answering the question. Only if the New Jersey legislature amends N.J.S.A. 9:6-8.10a. When a man who had been found to have abused and neglected his two children applied for a job as a youth...more

Alabama Legislative Update – Week 9: Bills Make Significant Progress in the House

Legislators convened for a three-day work week that ended in early adjournment on Thursday afternoon as lawmakers left Montgomery to beat anticipated severe weather. Day 20 concluded a week that saw progress on several...more

Sexual assault: Why are court cases brought so long afterwards?

On February 7, 2012, Gordon Stuckless a former assistant equipment manager at Maple Leaf Gardens, was charged with six more counts of indecent assault against young boys in a historical sexual assault case. You may remember...more

Religious Institutions Update: February 2013

Last February, at the request of Senate Finance Committee member Charles Grassley (R-Iowa), the Commission on Accountability and Policy for Religious Organizations was formed to address tax-related policy questions of import...more

2012-13 Education Legislation Summarized By KMTG

In order to have the new 2012-13 education legislation handy, we have combined our series on the subject into one easy to reference location. Here you will find a recap of all the legislation we summarized, along with a link...more

Legislative Update: Education-Related Topics Including Economic Impact Aid, Campus-Based Mandatory Fees For California State...

SB 754 adds section 54029 to the Education Code to address the conditions for receipt of economic impact aid. Economic impact aid is provided to school districts based on the number of English learners and economically...more

Legislation of Interest to Higher Education Institutions: Personnel | Human Resources

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws become effective January 1, 2013, unless otherwise stated. Note - To read recent alerts reported on by KMTG that...more

Whistleblower Protection For Reports Of Child Sexual Abuse

In reaction to the Jerry Sandusky revelations in Pennsylvania, the Louisiana Legislature enacted a new whistleblower statute intended to protect employees from reprisal for reporting any fellow employee’s sexual abuse of a...more

Establishing a Culture of Ethical Behavior and Legal Compliance: Finding Perspective After Penn State and the Freeh Report

Ethical behaviors and legal compliance within any educational institution cannot be presumed; they must be cultivated, monitored and enforced. It is a team effort. It begins with senior leadership, including an informed and...more

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