News & Analysis as of

Child Abuse State and Local Government

Napoli Shkolnik

Assessing the Importance of the Adult Survivors Act

Napoli Shkolnik on

The Adult Survivors Act, signed into law by New York Governor Kathy Hochul in May 2022, created a one-year lookback window for individuals who experienced sexual abuse after they turned 18 years old. From November 2022 to...more

Blank Rome LLP

Policyholders Should Prepare Now to Demand Coverage for New York Adult Survivors Act Claims (Part 1)

Blank Rome LLP on

New York’s Child Victims Act (“CVA”), which opened a one-year revival window extending the statute of limitations for claims of childhood sexual abuse, had a substantial impact on the state’s businesses and other...more

Seyfarth Shaw LLP

New York Assembly Passes Adult Survivors Act, Which is Set to Become Law

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The Adult Survivors Act (the “Act”) -- modeled on the Child Victim’s Act (the “CVA”), which was enacted in 2019 -- has just been passed by the New York State Assembly Monday and is on the cusp of being enacted into law. There...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report – Legislative Day 17 2022

The General Assembly marked another day off the legislative calendar on Tuesday, and opossums and raccoons moved one step closer to being knocked off any time of the year in Georgia. HB 1147, allowing year-round hunting of...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report – Legislative Day 2, 2022

Politicians and policy wonks were atwitter about the legislative propositions–and proposed budget outlays–announced by Governor Brian Kemp, Lieutenant Governor Geoff Duncan, and Speaker David Ralston at the Georgia Chamber’s...more

Epstein Becker & Green

Following on the Child Victim’s Act, Proposed New York State Legislation Seeks to Revive the Statute of Limitations for Survivors...

The trend in New York State to provide relief for expired claims by waiving statutes of limitation in sex-abuse cases may be continuing. As its current session winds down, the New York State Legislature is considering...more

Searcy Denney Scarola Barnhart & Shipley

How Could This School Abuse Bill Get Killed by the Florida Legislature?

For 109 years in the State of Florida, juvenile offenders were sent to Arthur G. Dozier School for Boys if the Court found they committed a crime or violated terms of juvenile probation. The school was in Mariana, Florida....more

White and Williams LLP

Door Shut on Reviving All Time-Barred Childhood Sexual Abuse Claims, but Many Plaintiffs Can Still Get Into Court Through the...

The recent derailment of Pennsylvania’s constitutional amendment to revive all childhood sexual abuse cases may not have quite the impact as was widely reported. The media has generally portrayed this derailment as a setback...more

Franczek P.C.

Physical Restraint and Time Out Update

Franczek P.C. on

Prior to winter break, we wrote about proposed legislation that would further limit the use of physical restraint and time out in Illinois schools. While many expected the bill to pass during the lame duck session earlier...more

Cozen O'Connor

Never Again – How Kayden’s Law Seeks to Protect Pennsylvania’s Children From Abuse

Cozen O'Connor on

“Dogs have more rights than children.” These are the powerful, haunting words spoken by the aunt of Kayden Mancuso, a 7-year old child who was brutally bludgeoned to death by her Father, Jeffery Mancuso, on August 6, 2018,...more

Franczek P.C.

Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools

Franczek P.C. on

Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a series of updates and then final...more

Littler

New State Employment Laws Set to Take Effect on January 1, 2021

Littler on

As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions.  Compared to prior years, there...more

Littler

California Makes Certain Human Resources Professionals and Supervisors Mandated Child Abuse Reporters

Littler on

The California Child Abuse and Neglect Reporting Law, adopted in 1980, requires that certain “mandated reporters” make formal reports of suspected child abuse to law enforcement authorities.  As defined in the law, child...more

Seyfarth Shaw LLP

One-Year Extension of CVA Revival Window Signed Into Law

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This week Governor Cuomo signed into law A9036/S7082-2019, a Bill which extends the CVA’s one year “look back window” for another year, until August 14, 2021....more

Seyfarth Shaw LLP

NY Legislature Votes to Extend Child Victims Act Deadline

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Some important news on the CVA front. Wednesday evening the New York State Legislature responded to mounting criticism that Gov. Cuomo exceeded his executive authority in issuing an Executive Order that extended the CVA look...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - March 2020 #7

Although there is rarely a shortage of rumors echoing through the halls of the State Capitol, there have never been as many as during the Crossover Day that continues as we publish. ...more

Franczek P.C.

Isolated Time Out is Back (for now): ISBE Issues Revised Guidance and Reporting Form After Second Amendment to Emergency Rules on...

Franczek P.C. on

Last week, ISBE reversed course on isolated time out. After initially banning the practice in late November 2019, ISBE heard from many stakeholders that having a staff member in a time out room with an escalated student was...more

Seyfarth Shaw LLP

The New York Child Victim Act: The Latest Litigation Developments

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On February 24, 2020, JSC George Silver, the Presiding Judge over all pre-trial discovery to be conducted in connection with any Child Victim Act (“CVA”) case filed in New York City, issued Case Management Order # 1 (the...more

Franczek P.C.

The Changes Keep Coming: Second Amendment to Emergency Rules Permits Isolated Time Out

Franczek P.C. on

On February 25, 2020, ISBE posted a second amendment to its emergency rules governing physical restraint and time out. This new amendment, which is effective immediately, is the most recent development in ISBE’s attempts to...more

Franczek P.C.

ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

Franczek P.C. on

On February 18, 2020, ISBE approved revised proposed rules related to the use of physical restraint and time out in schools. The revised proposed rules follow ISBE’s receipt and review of over three hundredb comments on...more

Seyfarth Shaw LLP

Proposed Legislation Seeks To Extend The CVA Revival Window For One Additional Year

Seyfarth Shaw LLP on

Synopsis: Almost a year after the New York State Legislature enacted the Child Victim Act or “CVA” in February 2019 -- which included a one-year “revival window” under which claims for child sexual abuse could be brought...more

Ballard Spahr LLP

PA Amends Background Check Requirement for Employees Working With Children

Ballard Spahr LLP on

In 2015, Pennsylvania amended the state Child Protective Services Law to require that employees who have direct contact with minors submit a Pennsylvania child abuse clearance, Pennsylvania State Police criminal background...more

Franczek P.C.

Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

Franczek P.C. on

After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”)...more

Franczek P.C.

What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?

Franczek P.C. on

Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it...more

Seyfarth Shaw LLP

An Important New Development For CVA Cases

Seyfarth Shaw LLP on

Synopsis: This week an Administrative Order was handed down in NYC by the New York State Supreme Court which concerns all cases filed in the five boroughs under the Child Victims Act (“CVA”). The Administrative Order...more

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