THE SPORTS, RECREATION, EXERCISE COACHING LICENSE IS A PROPOSED AMENDMENT TO CURRENT STATE AND FEDERAL PUBLIC LAW FOR THE ENACTMENT OF COACHING LISCENSES FOR COACHES OF CHILDREN (posted first, December 9, 2011 by admin)
INTRODUCTION
The State Government oversees how you treat and raise your Child or Coach and train-up other Children. The ?Parens Patriae? Doctrine (government is ?Parent of the Nation?) Grants Power to State to protect Children ( .
The Tripartite Legal Relationship is the Coach-Caretaker + Child-Athlete + State:
Coach-Caretaker. The Coach can coach Children, Providing Coach-Caretaker complies with Special Standards of Child Care: Federal: Child Abuse Prevention and Treatment Act 2010 Public Law 111-320. Mandated to 50 States.
Government is the first in the line of responsibility for Child Safety and should Teach Child Protection Law to keep Children Safe and Coaches out of Legal trouble.
?No Sport is a Kingdom unto its own?. ?No one is above the Law.? former Secretary of State, Condeleezza Rice. [42.]
The Coach Jerry Sandusky-Penn State Football Child Athlete Sex Abuse Scandal, resulting from the Grand Jury indictment November, 2012, has raised many questions.
Before retirement, ?Sandusky was regarded as an integral part of Penn State?s football success, which galvanized the most disparate corners of the state and turned the university?s athletics officials into power brokers. Nittany Lions games regularly have capacity crowds in excess of 107,000, and the football program generates more than $70 million in revenue annually, according to Forbes magazine.? [43.]
Immediately, the underbelly of this and other Sports Scandals appears. The enormous popularity of Sports and vast revenue generated are the reasons for some Sport Communities? Dysfunctional Behaviors.
The ?Bottom Line? is persistent and pervasive. Publication in Forbes magazine speaks volumes since the Mission Statement says, Forbes Magazine publishes ?information resources for the world?s business leaders.? Yes. Amateur Sports are about business, not Athletes.
Sports have evolved into ?Business Centered Activities? not ?Child and Youth Centered Sports?. It appears some in the ?Sports Business? have turned a ?Blind Eye? to unlawful Child Abuse Behavior by Powerful Coach Offenders, while protecting their ?Bottom Lines?.
The dark side of the scandal was that ?Sandusky hosted many summer football camps at The Second Mile, a children?s charity he founded in State College, Pennsylvania in 1977.? [20.]
Children who were allegedly Sexually Abused were aspiring Child Football Athletes, underage minors, who attended Football Summer Camp at the Second Mile.
And, Dec. 8, 2011 Former Syracuse University assistant men?s basketball coach Bernie Fine was sued by a man alleging he was sexually abused as a 13-year-old in a Pittsburgh hotel room. [47.]
Again, Dec 10, 2011 Memphis police opened an investigation into sexual abuse allegations against AAU, Amateur Athletic Union, President Bobby Dodd that date to the 1980s.
The AAU, one of the biggest U.S. nonprofit volunteer sports organizations, develops amateur sports and physical fitness programs for athletes of all ages, was founded in 1888. [48.]
The above are allegations and have not been tried in the court of Law.
To begin the discussion about The Proposed Child Athlete Abuse Prevention and Treatment Act Amendment, Questions are raised from the following statements of fact:
? ?There are No federal laws that require Coaching Education or Certification.?
? ? Only 4% of States require a Coaching License?
? ?Only 24% require state certification.? [32.]
The Etymology of ?Parens Patriae? is from Latin meaning ?Parent of the Nation?. This doctrine grants the inherent 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 ?Parens Patriae? doctrine is a Special Standard of Care for Children.
In the United States, the ?Parens Patriae? doctrine is most often applied to the treatment of children.
The state is the ?Supreme Guardian? of all children within its jurisdiction and state courts have the inherent power to intervene to protect the Best Interests of Children. This inherent power is legalized and Offenders of Children are criminalized by legislative Laws that describe the extent of child protection in a state
The basis for government?s intervention in child physical and psychological maltreatment and endangerment, sexual abuse and Human Rights violations are based in the concept of ?Parens Patriae?.
Legally, ?Parens Patriae? refers to the public policy and power of the state to intervene against an abusive or negligent parent, legal guardian or caretaker, and to act as the caretaker of any child or individual who is in need of protection.
?Parens Patriae? asserts that government has a role in protecting the interests of children and in intervening when parents and other caretakers fail to provide proper Child Care.
While it has long been recognized that parents have a fundamental liberty, protected by the Constitution, to raise their children as they choose, they must do so according to the standards of Law.
If parents, guardians and caretakers are unable, unwilling or fail to protect or properly supervise their Children and fail perform this responsibility, the State in which they reside has the power and authority to take action to protect the child from harm. [46.]
The legal framework regarding the parent-child-state tripartite relationship balances the rights and responsibilities among the parents, the child, and the State, as guided by Federal statutes, The Child Abuse Prevention and Treatment Reauthorization Act of 2010, Public Law 111-320, first enacted in 1974 and amended several times since then.
This special standard of care applies to children. This parent-child-state relationship identifies certain rights, duties, and obligations, including the responsibility of the parents to protect the child?s safety and wellbeing. [20.]
Parents are not required to secure the legal right, permit or license to make decisions by virtue of their name listed on their child?s birth certificate. The Birth Certificate is essentially the Parents? Child Caretaker License. [20.]
There is a Special Standard of Care for Child and Youth. Every child should expect to be safe and protected when in the care of their Caretaker, who are either:
? Parents
? Legal Custodians or Guardians
? or another Adult who has been entrusted-with
? or another Adult who voluntarily assumed the responsibility for the care of a Child.
? or a Person who stands in a position of trust and confidence for a Child?s Protection, Supervision, Safety and Caretaker.
The same tripartite relationship exists between Coach-Child Athlete-State. The Coach stands in a almighty powerful position for Protection, Supervision, Safety and Caretaker of the Child and Youth Athlete.
Government Licenses are issued by the administrative agencies of local, state, and federal lawmaking bodies. Administrative agencies are established by legislative bodies to regulate specific government activities and concerns. Children?s Protection, Supervision, Safety, Well Being and Child Care are specific Federal and State Government concerns.
Government Licenses are an important and ever-present feature of our contemporary society. Federal, state, and local governments rely on licensing to control a broad range of human activity particularly for potentially dangerous activities and particularly activities in potentially dangerous environments. Sports are a potential example of both dangerous activities and dangerous environments.
There are many professionals and activities that require a license issued by a government authority. Activity examples in Kentucky that require a license (same for most states):
? Health Care Professionals, Medical Doctors, Nurses
? Athletic Trainers
? Attorney Law Practice
? Public Services
? Child Day Care Facility
? Residential Child Caring Facility
? Child-Placing Agency
? Certified Child care Home [44.]
?Most licenses expire after a certain period of time, and most can be renewed. Failure to abide by certain laws and regulations can result in suspension or revocation of a license.?
?The licensing process helps to control activity in a variety of ways. License application procedures allow government authorities to screen applicants to verify that they are fit to engage in the particular activity. Before any license is issued by an agency or State Board, the applicant must meet certain standards.?
?Requiring a license for a certain activity allows the government to closely supervise and control the activity. The agency responsible for issuing the license can control the number of licensees.?
?A license is not a property right, which means that no one has the absolute right to a license. The government may decline to issue a license when it sees fit to do so, provided that the denial does not violate federal or state law. No agency may decline to issue a license on the basis of race, religion, sex, national origin, or ethnic background.?
All Doctors, Nurses, Trainers who are allowed by law to care for the Health and Welfare of Athletes are state licensed. Parents are likewise state licensed for Child Protection and Proper Supervision of their children by Birth Certificates and Guardians by Court Orders.
Anyone who has mandated Child Protection and Proper Supervision Responsibilities, like Extracurricular Coaches, should be state licensed.
The American Academy of Pediatrics Policy Statement for Child and Youth Sports Participation says that organized Sports can have many positive benefits for Child and Youth Athletes Provided adjustments are made in Sports when Sports, Recreation and Exercise (SRE):
? Provide a greater opportunity to develop rules specifically designed for health and safety of Children and Youth.
? Allow for the establishment of developmentally sound criteria for determining readiness for children and youth to participate in Sports.
? Allow for a fair process and enforcing rules. Rules specifically targeted at younger athletes can reduce injuries. Recommendations have been made to limit dangerous practices
? Safety accommodations associated with organized youth sports include many recommendations for the Sport Environment.
? The availability of Qualified Coaches in organized sports can be a key factor in providing safety and a positive experience
? Because most youth sports coaches are volunteers with little or no formal training in child development, they cannot be expected to correctly match demands of a sport with a child?s readiness to participate.
? Educational programs are available for Youth Sports Coaches, but most coaches do not participate.
? Coaches may try to teach what often cannot be learned and blame resulting failures on shortcomings of athletes
? Pediatricians can further advocate safe sports participation by promoting better education and training of youth sports coaches.
? Standards for coaching competency are available and certification for youth sports coaches should address these competencies. [50.]
? Pediatricians can work with sports administrators and coaches within their community and share relevant information on child development, injury assessment, first aid, and injury prevention. and take an active role in developing safety programs while ensuring that existing safety measures are observed [49.]
Coaching Certification Courses are offered by many schools. The United States Sports Academy, for example, offers Coaching Certification Courses. Certification of Coaches will enhance their qualifications for a State Coaching License.
U.S. High School Athletic Associations (HSAA) oversee 24 %, 11,000,000 of School and Non-School Child Athletes (
That leaves 34,000.000 Child Athletes in Grade School, Middle School, JV Teams, summer leagues, Church leagues, Swimming, Cheerleading Camp etc. that are not administered by HSAAs and don?t have comparable HSAA oversight and Safety laws that have been enacted by the Legislative Branch of State Governments.
Child Athlete Abuse Syndrome (CAAS) Education is seldom educated or mentioned in School and Non-School Sports. Licensure would significantly reduce sexual abuse and other abuse cases such as heat stroke, rhabdomyolysis, overuse injuries, post-traumatic stress disorder etc that are inflicted, caused or created on our Child and Youth Athletes.
The Definition of the Standard of Care for a Child requires that a Child must have:
? Proper Child Custodial Protection
? Proper Child Supervision
? Child Safety
? Child Health and Well Being
? Protection from Abuse and other forms of Violence
? Protection from Neglect. The Definition of Neglect is ?any recent act or failure to act on the part of a parent or caregiver, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm,? [36.][45.]
SRE are not above the Law. College Football is not a closed society, resistant to outside intervention when Crimes occur. College Football and all SRE are not impervious to the Rules of Law. Even Colleges have minor aged Athletes.
?College Football is not a kingdom unto its own,? said Former Secretary of State Condoleezza Rice [46.]
The State Coaching License, administered by The State Board of Coaching Licensure, would legally
? Proclaim, enforce and administrate its Licensure Authority
? Promote the Special Standard of Care for Child and Youth Athletes like Care for all other Children and Youth
? Prevent Child Athlete Abuse.
? Ensure that Child and Youth Athlete Care follows the Rules of Law not the Rules of Sport posturing as a Kingdom unto its own.
THE CHILD ATHLETE SAFEATY ACT IS A PROPOSED NEW SECTION AMMENDMENT TO THE FEDERAL CHILD ABUSE PREVENTION AND TREATMENT (CAPTA) REAUTHORIZATION ACT OF 2010 , THE CURRENT FEDERAL PUBLIC LAW 111-320.
THE CHILD ATHLETE SAFETY ACT IS A PROPOSED AMENDMENT TO ALL CURRENT STATE?S LAW.
References:
1. [ZABERNISM, COACH/ATHLETE POWER GAP
http://www.cappaa.com/zabernism-the-coachathlete-power-gap]
2. [SOCIAL ORGANIZATION OF CLASSES AND SCHOOLS1 by Susan Florio-Ruane 2]
3. [A State Analysis of High School Coaching Certification Requirements for Head Baseball Coaches Submitted by: Coop DeRenne, Ed.D., Charles F. Morgan, Ph.D., Ronald K. Hetzler, Ph.D. & Brad T. Taura, M.S.E.D. United States Sports Academy, ISSN: 1543-9518]
4. [YANERO v. DAVIS, Kentucky Supreme Court No.?1999-SC-0871-DG, 2000-SC-0347-DG, 2000-SC-0353-DG. November 21, 2001 ]
5. [Brentwood Academy v. Tennessee Secondary School Athletic Assn., 531 U.S. 288 (2001), United States Supreme Court case decided in 2001.]
6. [Concerning Iowa Hawkeye Jan. 2011 Epidemic Acute Rhabdomyolysis, David Klossner NCAA Health and Safety Director letter Feb. 2011]
7. What is the Rule of Law?, United Nations Rule of Law. Scretaty General of U.N.
8. [Wikipedia]
9. [Gilpin lawsuit will continue against coaches May 5, 2010 Jason Riley, Courier Journal]
10. [Football Coach Pleads Not Guilty In Player?s Death, Jason Stinson Charged With Reckless Homicide, By Ben Jackey/WLKY, January 26, 2009]
11. [Detective Testimony in the Criminal Trial of Coach Jason Stinson for the Death of Football Athlete, Max Gilpin]
12. [Prosecutors ask for JCPS report clearing Stinson be thrown outBy Lindsay English, (WAVE) - On July 1, 2009]
13. [Coach Jason Stinson, TV Interview about the book ?Factors Unknown? by Rodney Daugherty, release 7-11-2011]
14. A Research Guide to the Federal Register and Code of Federal Regulations
15. [SUPREME COURT OF THE UNITED STATES, No. 99?901, BRENTWOOD ACADEMY, PETITIONER v. TENNESSEE SECONDARY SCHOOL ATHLETIC ASSOCIATION et al.]
16. [The Federal Rules of Criminal Procedure]
17. [Preventing Injury in Sports Recreation and Exercise, CDC Injury Center, Sept 7, 2006in Sports, Recreation, and Exercise]
18. [?The IAAF Code of Ethics for Coaches? has been kindly provided by Peter J. L. Thompson of the International Association of Athletics Federations (IAAF).]
19. [The Negative Effects of Youth Sports, Livestrong.com, Steve Silverman]
20. [Wikipedia]
21. [Calnan, Alan. 2003. A Revisionist History of Tort Law.]
22. [ABC WTVQ TV Lexington KY,Football Player?s Death Sparks New Heat Regulations, Wed, Aug 4, 2010]
23.[KENTUCKY BOARD OF EDUCATION REGULAR MEETING JUNE 9, 2010,SUMMARY MINUTES]
24. [It?s just football, Stinson case a learning experience, By Eric Crawford, The Courier-Journal, September 17, 2009]
25. [National Federation of State High School Athletic Association]
26. [Child Abuse Laws Child Abuse laws - Information on the law about Child Abuse]
27. [AN ACT relating to interscholastic athletics and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky]:
?Section 1. (1) The Kentucky High School Athletics Association, with assistance from the Kentucky Department of Education, shall staff and coordinate a study of sports safety to be completed no later than October 1, 2009.
(2) The study shall include a review of:
(a) The requirements and their adequacy for sports safety education in public middle and secondary schools, including heat-related and air quality issues, chronic and overuse injuries, and other risk factors;
(b) Required training programs for secondary school coaches, to include how training is certified to demonstrate knowledge and competencies of participants;
(c) Required first aid and medical assistance protocols or standards of care for students suffering minor and major injuries during practices and competitions;
(d) Data regarding sports injuries, by sport, in Kentucky and an examination of data reporting requirements and responsibilities for oversight when injuries occur;
(e) Education for high school coaches, volunteers, parents, and student athletes relating to nutrition, weight training, and the dangers of steroids and other illegal supplements;
(f) The availability of sports injury prevention programs and other safety resources; and
(g) Other information as deemed appropriate by the study group to fully examine the status of sports safety in Kentucky for high school students.
(3) The Association shall have a formal work group composed of:
(a) At least two (2) members of the Kentucky Board of Education, selected by the board chairman;
(b) At least two (2) representatives from the Kentucky Department of Education, selected by the commissioner of education;
(c) At least two (2) high school coaches selected by the Chair of the Board of Control;
(d) At least two (2) members from the Kentucky Medical Association, appointed by the executive director;
(e) At least three (3) certified sports trainers; and
(f) Others as deemed appropriate by the commissioner of education and the executive director of the Kentucky High School Athletics Association.
(4) The commissioner of education or designee and the executive director of the Kentucky High School Athletics Association shall identify the work group members within thirty (30) days of the effective date of this Act.
(5) The Association shall submit a written report to include findings and recommendations to the Interim Joint Committee on Education by October 30, 2009. The report shall include but not be limited to recommendations to improve the safety of students participating in high school athletics and any legislation that might be necessary to implement the recommendations.
?SECTION 2. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO READ AS FOLLOWS:
(1) The Kentucky Board of Education or organization or agency designated by the board to manage interscholastic athletics shall require each high school coach to complete a sports safety course consisting of training on how to prevent common injuries. The content of the course shall include but not be limited to emergency planning, heat and cold illnesses, emergency recognition, head injuries, neck injuries, facial injuries, and principles of first aid. The course shall also be focused on safety education and shall not include coaching principles.
(2) The state board or its agency shall:
(a) Establish a minimum timeline for a coach to complete the course;
(b) Approve providers of a sports safety course;
(c) Be responsible for ensuring that an approved course is taught by qualified professionals who shall either be certified athletic trainers, registered nurses, physicians, or physician?s assistants licensed to practice in Kentucky; and
(d) Establish the minimum qualifying score for successful course completion.
(3) A course shall be reviewed for updates at least once every thirty (30) months and revised if needed.
(4) A course shall be able to be completed through hands-on or on-line teaching methods in ten (10) clock hours or less.
(5) (a) A course shall include an end-of-course examination with a minimum qualifying score for successful course completion established by the board or its agency.
(b) All coaches shall be required to take the end-of-course examination and shall obtain at least the minimum qualifying score.
(6) Beginning with the 2009-2010 school year, at least one (1) person who has completed the course shall be at every high school athletic practice and competition.
?Section 3. Whereas there is no existing requirement for a medical professional to be on-site during high school athletic events and the safety of student athletes is sometimes compromised, an emergency is declared to exist and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
28. [The 4 R?s of Coaching http://www.cappaa.com/the-4-rs-of-coaching]
29. [Prevent Cruelty to Young Athletes http://www.cappaa.com/prevent-cruelty-to-young-athletes]
30. [Trust in the Medical Profession: Conceptual and Measurement Issues, Mark A Hall, Fabian Camacho, Elizabeth Dugan, and Rajesh Balkrishnan, Health Services Research. 2002 October; 37(5): 1419?1439]
31. [Criminal Convictions and Medical Licensure, State medical boards, tend to follow social policy as expressed in U.S. law, which designates moral turpitude outside the clinic as a cause for restricting professional licenses., Herbert Rakatansky, MD, Virtual Mentor. October 2011, Volume 13, Number 10: 712-717. Policy Forum, American Medical Association Code of Medical Ethics? Opinions on Physicians? Health and Conduct, October 2011]
32. [Charlene R. Burgeson, Executive Director National Association for Sport and Physical Education, National Coaching Report 2008]
33. [National Federation of State High School Associations, 2007a]
34. [Sporting Goods Manufacturing Association, 2007]
35. [Citizenship Through Sports Alliance (CTSA) published the Report Card on Youth Sport in America 2005]
36. [Human Rights in Youth Sport, published December 2004, by Paulo David]
37. [?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.]
38. [Weekly World News, Jan 20, 1981, Health News]
39. [Read more at Suite101: The Athlete Abuse Summits report from Terry Zeigler:
http://terry-zeigler.suite101.com/child-athlete-abuse-syndrome?when-athletes-pay-the-price-a393385]
40. [Prevent Child Abuse Kentucky, http://www.pcaky.org/care.html]
41. [Numbers refer to the Treaty Section 1989 United Nations Convention on the Rights of the Child]
42. [Plowlines, Coaches, Mules and 100 Yards of Cotton by Micheal B. Minix, SR., M.D.]
43. [A Reputation Lies in Tatters by Mark Viera, New York Times, November 7, 2011]
44. [Division of Regulated Child Care, KY Cabinet for Health and Family Services]
45. [CHILD ABUSE PREVENTION AND TREATMENT (CAPTA) REAUTHORIZATION ACT OF 2010 , THE CURRENT FEDERAL PUBLIC LAW 111-320.]
46. [West?s Encyclopedia of American Law, edition 2. Copyright 2008 and Online Dictionary.]
47. [Bloomberg Business Week, Dec. 8, 2011 By Sophia Pearson and Phil Milford]
48. [AAU?s Dodd replaced as president after abuse probe opened 10 Dec 2011 Reuters- By Tim Ghianni]
49. [AAP, AMERICAN ACADEMY OF PEDIATRICS PEDIATRICS Vol. 107 No. 6 June 2001, pp. 1459-1462 : Organized Sports for Children and Preadolescents. POLICY STATEMENT, Committee on Sports Medicine and Fitness and Committee on School Health A statement of reaffirmation for this policy was published on September 1, 2007. This policy is a revision of the policy posted on September 1, 1989.]
50. [National Association for Sport and Physical Education. National Standards for Athletic Coaches: Quality Coaches, Quality Sports. Dubuque, IA: Kendall/Hunt Publishing Co; 1995:1-124]
51. [USLegal.com, US Legal, Inc. http://uslegal.com/ and cse Law Cheek v. United States, 498 U.S. 192, 200-201 (U.S. 1991)]
52. [Legal & Ethical Roles of a Sports Coach, eHow, By Christopher Cascio June 07, 2011]
53. [Robert Clyman, M.D., Executive Director, American Academy of Child and Adolescent Psychiatry, University of Colorado Health Sciences Center)
54. [Surgeon General?s Workshop Agenda, Making Prevention of Child Maltreatment a National Priority:Implementing Innovations of a Public Health Approach,National Institutes of Health, Bethesda, Maryland, March 30?31, 2005]
55. [Women in Sports, Ed Barbara Drinkwater]
56. [Health of Young People, World Health Organization, Geneva, Switzerland 1993] [Chapter: Health Problems and Behavior] [Chapter - Policies and legislation] [United Nations, Press Release, 05/11/2004]
57. [08 September 2003 The health impacts of 2003 Summer Heat Waves Briefing, Delegations 53rd session of the World Health Organization Committee]
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