.. sonable care in hiring also applies to the selection of volunteers, since the purpose of this rule is to assign responsibility for injuries to third persons. A notable case out of Virginia deals directly with the issue of liability for the negligence of a volunteer. In “Infant C. v.
Boy Scouts of America, Inc.” (391 S.E. 2d 322(Va.1990)), a child and his parents sued both the national and local Boy scouts office for negligently selecting and retaining a volunteer scoutmaster with a criminal record for sexually assaulting scouts in another state, who allegedly molested the child plaintiff. The courts inquiry turned on the selection process itself and found that the evidence supported the jury’s determination that the national organization did not participate in selecting the scoutmaster. Accordingly, the appellate court affirmed that portion of the jury’s verdict dismissing the claim against the national Boy Scouts of America organization, while it held the local branch liable for $45,000. The Child Abuse Prevention and Treatment Act (CAPTA) was also known as the Mondale Act of 1974. The intent of Congress was to provide incentives to the states if they would set up programs targeting child protection research, identification, prosecution and treatment regimens.
Once the states complied with the provisions outlined under CAPTA, the National Clearinghouse for Child Abuse and Neglect (NCCAN) allocated matching monies to these same states. CAPTA is responsible for establishing NCCAN. NCCAN is a primary federal agency with responsibility assisting states with child abuse prevention, treatment, and resources. CAPTA also provided for the creation of mandated reporting of child abuse and neglect by social workers, police officers, teachers, doctors, etc., as well as the creation of anonymous tip hotlines and abuse registries. These registries, or computer database storage centers, hold accused records for several years – guilty or not, criminally charged or not. This is one of the main criticisms that opposers have to this act. “Megan’s Law” stemmed from what was perhaps one of the most well known cases of child abuse in history.
It took effect officially on January 22, 1996. The intent of this law was, and still is, to allow the public to protect themselves and their children from sexual predators. This law allows the public to view pictures and information on convicted sexual offenders. The law also allows police agencies to proactively put out bulletins/announcements to the public to warn them of certain sexual predators that may be living or moving into their cities or neighborhoods. “From this day forward, every offender on parole or probation and every offender sentenced to parole, probation, local jail and state prison will have to register his whereabouts with the State.” said Governor George Pataki of New York on 1-22-96.
“For too long, children have mercilessly died at the hands of vicious child predators- Megan Kanka, Sara Ann Wood, My Ly Nghiem, and Polly Klass,” said Senate Deputy Majority Leader Dean Skelos. “Parents will finally have this crucial information they need to protect their children from societies sickest individuals.” (www.meganslaw) Megan’s Law is an effective tool that parents and law enforcement can use to help prevent future tragedies. Under the law, an offender is required to register with the states Division of Criminal Justice Services within 10 calendar days of being released from prison. The offender is required to verify a home address annually for a period of at least 10 years. An offender who is determined to be a high-risk offender must also personally verify a home address with the local police every 90 days. Failure to register is a crime.
A first offense is a Class A misdemeanor, a repeat offense is a class D felony. The law also provides that an offenders case be reviewed by a Board of Examiners. The board makes a recommendation to the court as to the offenders’ “degree of risk of repeat offense and threat to public safety.” Depending upon whether the risk is low, moderate or high, the offender will receive a Level One, Two or Three designation. The court makes the final designation as to risk. Under the statute, the level of risk determines the amount of information that can be released to the public.
With a Level One designation, the police are notified of the offenders’ presence in the community. A Level Two designation allows the police to disseminate general information about the offender to the public. A Level Three designation authorizes the release of specific information about the offender, including his exact address. The North Carolina Sex Offender and Public Protection Registry gives law enforcement an additional tool to help solve violent and brutal crimes. It helps prevent children (and the public) from becoming victims.
The NC registry was established in January 1996 due to the General Assembly’s enactment of Article 27A of Chapter 14 of the North Carolina General Statutes (NCGS 14-208.5). This law requires a person who is a resident of N.C. and who has a reportable conviction to maintain registration with the sheriff of the county where the person resides. If the person moves to North Carolina from outside the state, the person is required to register within 10 days of establishing residence. The following bills are some of those sponsored by a group called Protect Our Children based out of California in 1998: California State Assembly Bills AB1078 (Cardoza)- This bill will allow schools to post “Megan’s Law” information, and be exempt from any liability charges. They are in the hopes that with the liability issue taken care of, that this will encourage schools to get this vital information out to parents.
AB2386 (Bordonaro)- This bill will prevent court ordered, “forced” visitation in cases where a parent is convicted of first degree murder of the child’s other parent. Similar legislation has already been adopted in other states. It is commonly referred to as “Lizzies Law”. On August 3, 1995, 3-year old Lizzie Thompson witnessed her father brutally murder her mother in Massachusetts. Her father was convicted of first degree murder and sentenced to life without parole.
He then asked the courts to force his daughter, Lizzie, against her wishes, to visit him in prison twice a month and to phone him once a week. This is appalling that a child could be forced into visits under these circumstances. There is much to be said about the lasting effects of child abuse. It shouldn’t hurt to be a child, yet children continue to be victimized every day. Statistics show that the abused child all too often grows up to be an offender. It is so important that we do everything possible to break this cycle. Bibliography 1. http://www.abanet.org/child/challenge.html 2. http://www.abanet.org/media/factbooks/ch26.html 3. http://www.abanet.org/child/about.html 4. http://redwood.northcoast.com/-dka/deadkids.html 5.
http://web.raex.com/joeclark/falsehtm 6. http://sbi.jus.state.nc.us 7. http://www.childsexualabuse.org/act.htm 8. http://www.VOCALNY.org 9. http://www.youthlaw.org 10. http://www.abuse-excuse.com 11. http://freenet.msp.mn.us/people/kaplan/abuseframe. htm 12. http://www.state.ny.us/governor/press/meganslaw.ht ml 13. http://www.childabuse.org 14. http://www.clinicalsocialwork.com/incest.html 15. http://www.abuse-excuse.com/laws.htm#mondale 16. http://members.xoom.com/xoom/ProtectChild/index.ht ml.