Child Abuse

News & Analysis as of

Survivors of Clergy Abuse Must File Claims by Aug. 3 in the Minnesota Archdiocese Bankruptcy Case

The unsecured creditors committee in the bankruptcy case of the Archdiocese of St. Paul and Minneapolis today released a video inviting survivors of clergy abuse to file a claim before the August 3, 2015, deadline....more

Supreme Court Update: Mcfadden V. United States (14-378), Ohio V. Clark (13-1352), Brumfield V. Cain (13-1433) And Davis V. Ayala...

We're back with Part II of our last-Thursday round-up, just in time for another decision dump from One First Street. Last week, the Court handed down decisions in Los Angeles v. Patel (13-1175), Kimble v. Marvel Enterprises...more

Supreme Court Ruling Avoids Major Complications for Mandatory Reporters

Last week, the United States Supreme Court overturned a controversial decision by the Ohio Supreme Court holding that statements given by a preschool student to his teacher were tantamount to statements to police, and so...more

Another Reason to Report Suspected Abuse or Neglect to DCF: Lawrence V. Weiner

We have repeatedly cautioned that those employees who are required by law to make reports to the Department of Children and Families [“DCF”] of suspected child abuse and neglect should always err on the side of caution and,...more

Pass the Trash: A Summary of the Employment History Review Requirements Under Act 168 for Schools

Act 168 of 2014, the “Pass the Trash” Act, creates increased responsibilities and procedures a school district must follow when hiring new employees. The purpose of the Act is to eliminate the practice whereby a school...more

Worth Another Look: Child Abuse Clearance Update

Are you compliant with the new Pennsylvania criminal background clearance requirements? As of December 31, 2014, employers must obtain certain background clearances—including a FBI fingerprint clearance—on all individuals...more

Religious Institutions Update: March 2015

Several interrelated legal developments make it more important than ever for religious institutions intending to qualify for exemptions to generally applicable laws to do the hard work before litigation or administrative...more

School District Advisory: The Pure and Simple Truth - The Truth is Rarely Plain and Never Simple

In the recent case of J.P. v. Carlsbad Unified School District, the California Court of Appeal barred a public entity from enforcing the six-month government tort claim requirement when it prevents the claimant from filing a...more

The Obligation to Make Reports to DCF and Unemployment Compensation: Another Penalty For Failing to Notify DCF

Our state has a comprehensive requirement for certain employees (particularly in the medical and educational spheres) to make reports to the Department of Children and Families (“DCF”) of suspected child abuse and neglect. ...more

New Jersey Naming Law: Can I Name My Child Anything I Want?

The choice of what to name your child is often a process that parents take great care in selecting—conducting countless Internet searches, pouring over “baby name” books, and researching family histories to find the perfect...more

Status Updates - July 2014 #3

..A relatively new site called Wanelo combines the features of a social media site and an e-commerce site by permitting users to “save” products that they are interested in, and showing them to their online friends. The site...more

Statutes of Limitations for Civil Actions Based on Childhood Sexual Abuse

There has been persistent media coverage about childhood sexual abuse. In some cases, victims who were sexually abused years ago, have brought civil lawsuits against perpetrators and their affiliated organizations despite the...more

Doe v. Wolcott: Child Abuse Mandated Reporters and School District Liability

Connecticut General Statute Section 17a-101a sets forth 1) the obligation of certain school employees to report to the Department of Children and Families whenever they have reasonable suspicion of child abuse or neglect. and...more

From Second and State: Capitol Wrap – Week of May 5

House Debates Amendment to Post-Production Costs Bill - An amendment to a bill, which would prevent oil and gas companies from deducting post-production costs from their royalty payments, was debated on the House floor...more

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

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

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

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

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

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

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