Will Lawmakers Endorse Prevention, Protection, Justice for PA's Children?

The Protect Our Children Committee, which was founded in 2003 to educate and mobilize voters to approve changes to the Consitution of the Commonwealth so young child victims could offer court testimony outside a face-to-face confrontation, gathered in Harrisburg this week to unveil Principles for Protecting Children and to sound a call to action on specific legislative intiatives.

Protect Our Children Committee Urges Legislative Action to Prevent Child Abuse, Assure Effective and Child-Friendly Interventions and Hold Child Predators Accountable

HARRISBURG, Pa. (September 27, 2006) – Guided by the courage of Jenna, a teenager who survived years of child sexual abuse, the Protect Our Children Committee (POCC) today urgently called on lawmakers to take specific steps to prevent child abuse, assure effective and child-friendly interventions and to hold those who prey on children accountable.

“I choose to use my voice to help other children and teens that may be too afraid to speak for themselves,” Jenna pledged as she cited her own times of terror and powerlessness linked to child abuse.

Child advocates, pediatricians, victim services providers, law enforcement, the Commonwealth’s Victim Advocate, nurses, public officials, faith leaders, and parents stood together to endorse a set of Principles for protecting children as well as six specific legislative initiatives that require immediate action in Harrisburg. The Call to Action included:

Endorse Child Abuse Prevention, officially end the Commonwealth’s notoriety as the only state in the country denied nearly $2 million annually in federal Child Abuse Prevention and Treatment Act funds and Children’s Justice Act resources;
Increase child abuse prevention funding through the state’s Children’s Trust Fund Board allowing it to identify and secure private funding;
Recognize Children’s Advocacy Centers in law and ensure that the Commonwealth’s response to suspected child abuse is multidisciplinary, child-friendly, and coordinated;
Preserve the integrity of evidence following a sexual assault through the development and implementation of a standardized rape kit;
Provide Protection from Abuse orders to victims of sexual assault offering enhanced safety and peace of mind; and
Assure justice for sexually abused children by eliminating the criminal and civil statute of limitations going forward.

“The Pennsylvania Coalition Against Rape is proud to stand with so many Pennsylvanians committed to protecting children; together, we are committed to creating permanent change that allows every child to live a life free from child abuse including the scourge of sexual abuse,” proclaimed Delilah Rumburg, Executive Director of PCAR and Co-Founder of the POCC.

Dr. David Turkewitz, a distinguished pediatrician currently leading the Pennsylvania Chapter of the American Academy of Pediatrics, reinforced the need for the Commonwealth to become CAPTA compliant citing its emphasis on prevention. “CAPTA compliance will trigger opportunities for statewide public education and engagement about how each and every one of us can make a difference in protecting our children and stopping abuse before it starts,” he said. “It will allow us to learn about the many positive aspects of this Commonwealth’s Children and Youth Services systems intent on strengthening families and keeping children safe.”

“A child first doctrine is essential when responding to reports of suspected abuse or child victimization,” noted Sean McCormack, Assistant District Attorney for Dauphin County specializing in child abuse cases. “As a Commonwealth we have an obligation and responsibility to ensure that we respond to abused children in a multidisciplinary manner to assess and respond to the child’s immediate needs with as little trauma as possible all the while working toward preserving evidence,” McCormack continued.

Another essential element to reducing a child’s trauma is standardized training and protocols necessary to respond to a child suspected to have been sexually abused. More than 35 states have a standardized rape kit. “It is important that Pennsylvania joins these states and ensures victims of sexual assault are not subjected to imperfect procedures and uninformed emergency personnel. Most importantly, we need to ensure that victims—by submitting to such an exam—are provided with the least intrusive procedure performed by the most qualified examiners,” said Sally Krieger a Sexual Assault Nurse Examiner.

“Despite common misconceptions, a majority of sexual assaults are committed by perpetrators known to the victim – an elderly woman sexually assaulted by her caregiver, a woman molested by her landlord who has a key to her apartment, a high school graduate sexually assaulted by a trusted neighbor or a business professional assaulted by a colleague,” noted Leslie Slingsby, Director of Victim Services for the Network of Victim Assistance in Bucks County. She continued, “Traumatized and fearful, these and many other victims of sexual assault need orders of protection to help keep them safe from perpetrators.”

The POCC recognizes that justice and healing for child sexual abuse victims are linked to criminal and civil statute of limitations. “Anything that can be done, especially by people in power, to ameliorate some prior wrong is healing,'' noted the Commonwealth’s Victim Advocate Carol Lavery.

Tammy Lerner, who leads the Foundation to End Child Sexual Abuse, echoed the call to eliminate the statute of limitations saying, “If there's no statute on homicide, why is there a statute on child sex abuse when really that's the raping and murdering and pillaging of a child's soul?"

The POCC was founded in 2003 to secure changes to the Constitution of the Commonwealth so that young child victims could be afforded opportunities to offer court testimony outside of a face-to-face mandate. As of result of the POCC’s work, increasing numbers of young direct and indirect victims of violence face less trauma as they recount the details of the violence they experienced via closed-circuit television or through other testimony options. Today, POCC remains an effort to forge a collective vision and voice dedicated, first and foremost, to preventing child abuse and violence against children.

The POCC Principles seek to ensure that prevention, effective interventions and offender accountability all receive adequate attention and action in the halls of power. “The Principles embody our ultimate challenge to respond compassionately to each child individually while remembering our mandate also requires that we identify and implement proven strategies that will protect and preserve the innocence of all of our children,” said Cathleen Palm a statewide child advocate and Co-Founder of the POCC.

While many words were spoken the POCC is confident that Jenna’s passionate plea will echo and be the catalyst to immediate action, “Children like me need your help. We need to know that our legislators are making every effort to prevent these horrible crimes and protect us from undue pain.”

Have you endorsed the Principles for Protecting Children?

Principles for Protecting Pennsylvania’s Children
NOTE: Agreeing to these principles is not to be interpreted as the signer’s endorsement of any specific piece of legislation

PROTECTING CHILDREN
Preventing child abuse and the victimization of children must be a greater and sustained priority.
When a child victim discloses abuse s/he should be believed.
All interventions should encourage disclosure through a safe, stable and responsive environment.
Comprehensive, on-going, and timely services must be available to victims upon their courageous disclosure.
Child abuse investigations and interventions should strive to insulate the child from further trauma.
The integrity of evidence must be preserved through multidisciplinary and child-focused interventions.

PERPETRATOR ACCOUNTABILITY
Current sentences for sexual offenses and crimes against children are inconsistent and woefully inadequate.
Offender accountability statutes and policies should reflect and incorporate an understanding of the life-long consequences child victims confront and strive to overcome.
Recognizing that disclosure often does not occur until the child victim is well into adulthood; survivors of child sexual abuse deserve the opportunity to hold a perpetrator accountable – criminally and civilly – beyond the time of the abuse.

SYSTEMS’ OBLIGATIONS
Individuals and organizations engaged in the direct care or supervision of services delivered to children have a heightened obligation to protect children and to report suspected child abuse.
Suspected child abuse and/or violence against a child must prompt a report by mandated reporters regardless of the relationship between the victim and alleged perpetrator.
Proven effective training must be made available and required of mandated child abuse reporters to support and strengthen their established role in the reporting of suspected child abuse.
Reporting suspected child abuse is a step toward assuring a child is safe, for that reason there must be consequences when those obligated to report suspected child abuse knowingly fail to do so.
Timely, coordinated, and comprehensive responses by Commonwealth authorities must be implemented and practiced throughout the reporting and investigation of abuse and any resulting judicial proceedings.


The following individuals and/or organizations have endorsed these Principles:

Allegheny County Child Advocacy Center
Carol Lavery, Pennsylvania’s Victim Advocate
Cathleen Palm (Berks County)
Coalition of Pennsylvania Crime Victim Organizations
Episcopal Community Services
Dauphin County Victim Witness Assistance Program
Dr. Wanda Filer, Former Pennsylvania Physician General
Family Service Association of Bucks County
Fight Crime: Invest in Kids
Foundation to Abolish Childhood Sexual Abuse
Lebanon School District
Mary Achilles, Victim Advocate Consultant
Maternity Care Coalition
National Association of Social Workers, PA Chapter
Network of Victim Assistance (Bucks County)
Parental Stress Center
Pathways PA
Pennsylvania Chapter of the American Academy of Pediatrics
Pennsylvania Chiefs of Police Association
Pennsylvania Children and Youth Administrators
Pennsylvania Coalition Against Domestic Violence
Pennsylvania Coalition Against Rape
Pennsylvania Council of Churches
Pennsylvania Court Appointed Special Advocates (CASA)
Pennsylvania Family Support Alliance
Pennsylvania Partnerships for Children
Pennsylvania Social Services Union (PSSU), Local 668/SEIU
Philadelphia Children’s Alliance
Philadelphia Citizens for Children and Youth
Sexual Assault Resource and Counseling Center (Lebanon County)
Support Center for Child Advocates
Survivors' Network of those Abused by Priests & Other Clergy
Trauma Counseling Services

Lawmakers Head Home, Child Protection Agenda Stalled

The Philadelphia Daily News offers an opinion (Editorial Clergy Abuse; Justice is put on hold) that echoes the concerns of many advocates outraged that a number of important child protection, victims’ rights pieces of legislation didn’t become a priority for the Pennsylvania General Assembly prior to the summer recess.

Meanwhile the Scranton Times (Prosecuting child abuse requires painstaking diligence) examines the challenges of responding to child victims, gathering evidence when children have been abused noting the “painstaking” work of one of that regions’ Children’s Advocacy Centers (CACs).

Lawmakers are now home for summer vacation with no chance of action on advancement of legislation, a greater child protection agenda before the fall.

The Philadelphia Daily News highlights the clergy sex abuse scandal, but the reality is that all of the elements that remain stalled – changes to PA’s mandatory child abuse reporting system, extending the criminal and civil statute of limitations for child sexual abuse, increased penalties for sex offenders – resulted from and will have implications for all child victims regardless the profession, economic, social, or educational status of their perpertrator.

While the Daily News highlighted some of the legislation stemming from the Philadelphia Grand Jury report specific to clergy abuse, tragically the General Assembly failed to fully and finally act on a host of legislative vehicles that have been simmering below the surface prior to and since the Grand Jury report that stretch beyond the needs of child victims of sexual violence including, but not limited to:

Ø Compliance legislation so that PA ends its steak as the only state in the country denied a share of federal Child Abuse Prevention and Treatment Act (CAPTA) resources which in turn limit our access to Children’s Justice Act (CJA) funds (House Bill 2670 and House Bill 2596),
Ø Development of a standardized rape kit (Senate Bill 439),
Ø Recognition of Children’s Advocacy Centers (CACs) into law and the creation of the Child Abuse Multidisciplinary Response Account (House Bill 348),
Ø Probable cause arrest in certain child sexual abuse cases where the police have witness statements but did not witness the act directly (House Bill 1447),
Ø Compassionate Assistance for Rape Emergencies legislation intent on immediate health protections for victims of sexual violence (Senate Bill 990 and House Bill 2159),
Ø Limiting hand gun purchases (Senate Bill 1241);
Ø Children’s Health Insurance legislation to implement a strategic plan to utilize the $4.4 million initial payment for the Governor’s Cover All Kids initiative (although the funds are included and will be supplemented with more than $10 million in federal funds, the enabling legislation was not finalized, but Rendell assured he received a letter from legislative leaders who assured enactment of the legislation by October 1st allowing the program to be up and running by January 1st),
Ø Jessica’s Law and other offender accountability pieces of legislation that increase the penalties for those who would endanger the wellbeing of children, molest or rape young children (Senate Bill 944)

Child Testimony Options Upheld for Young Victims

November 2003 represented a significant step forward in the Commonwealth’s attempt to better balance the scales of justice so young child victims are protected from further trauma.

It was then that the people of the Commonwealth overwhelmingly approved two changes to the state Constitution standing up for children by removing language making it an absolute that a child victim offer testimony in open court “face-to-face” with the defendant – a threshold greater than required by the United States Supreme Court. It was also the vote of the people in 2003 that provided the General Assembly with authority to craft legislation that would serve as a guide, not an absolute, of how young children might be provided the opportunity, upon court oversight and approval, to offer testimony outside of face-to-face confrontation (Act 87 of 2004).

The path to actually realizing greater protections for children has not been without its challenges, including a 2004 Berks County case on appeal to the Pennsylvania Superior Court (Commonwealth of Pennsylvania v. Stanley V. Charlton, Jr.). On June 23rd, the Court issued its decision, which represents a victory for child victims.

This victory, however, like so many for children, may not be absolute. There are expectations the decision will be appealed to the Pennsylvania Supreme Court.

The appeal to Superior Court resulted after Stanley Charlton – father of the victim -- was convicted by a jury of rape, involuntary deviate sexual intercourse, incest, endangering the welfare of a child, corruption of minors, and three counts each of indecent exposure and indecent assault. In December 2004, Berks County Judge Thomas Parisi sentenced Charlton to ten years and three months to 32 years in prison followed by six years of probation. The judge also determined that Charlton was a Sexually Violent Predator (SVP).

Charlton’s conviction occurred after his 11-year-old daughter offered testimony, via closed-circuit television, about the sexual abuse she endured. Her testimony provided some insulation for her from further trauma. It was, however, witnessed by both the defendant and his counsel and was subject to cross-examination.

Her brave testimony was needed because Charlton’s reversed course, withdrawing a guilty plea he entered in December 2003. His reversal required a 2004 trial, which included a hearing to determine, based on the 2003 changes to the Constitution and enactment of legislation related to child testimony, whether the child could offer testimony outside face-to-face confrontation. Charlton’s attorney argued that the trial court erred “by allowing the Commonwealth to present evidence by closed-circuit television” suggesting they had not met their burden to allow such testimony.

The Superior Court disagreed, “We find the Commonwealth clearly satisfied its burden with respect to section 5985, and find no error on the part of the trial court in permitting the victim to testify via closed-circuit television.”

They made this determination after scrutinizing the hearing the trial court utilized to determine whether requiring the girl to testify in open court would cause her to “suffer serious emotional distress that would substantially impair the child victim’s or child material witness’s ability to reasonably communicate.”

It was at this hearing that a psychotherapist testified that the child victim “suffered from depression, suicidal thoughts, and post-traumatic stress disorder which likely would impact her ability to testify effectively.” The therapist also testified to the fact that she had witnessed the child “regress and behave as a very young child” when undergoing questioning about the sexual abuse. She continued that forcing the child to testify in open court “will send her into an emotional tailspin” impacting her ability to “reasonably communicate.”

Based on this review, the Superior Court Opinion affirmed the trial court’s decision that “closed circuit television testimony was both necessary and a reasonable alternative.”

The appeal also was filed citing the trial court’s error in “admitting out-of-court statements of the child victim” to officials with the Pennsylvania State Police and county Children and Youth Services. This child’s statement was allowed to be presented under “the tender years exception to the hearsay rule.”

With regard to this disputed issue, Superior Court notes that their standard review is “one of deference absent a clear abuse of discretion.” The opinion reminds that as a general rule, “The tender years exception allows for the admission of a child’s out-of-court statement due to the fragile nature of young victims of sexual abuse.” The trial court allowed the statements as part of the evidence because defense counsel had the opportunity to cross-examine the victim “with regard to statements she made to other people about these incidents.”

The opinion issued by the Superior Court states, “We agree with the trial court that the victim’s hearsay testimony was admissible pursuant to the tender years exception.”

Hopefully this decision will remain a celebrated step in the right direction and that subsequent decisions do not have child victims and their advocates taking one momentous step forward today and three steps backwards in the future.

The Reading Eagle covered the recent court decision in today’s edition TV testimony OK'd in Berks rape case.

PA Pols Urge Bush Administration to Release Child Protection Funds

Senator Arlen Specter joined with Allegheny county officials on Friday to once again challenge the Bush Administration to stop withholding more than $170 million in critical child welfare funds. Officials cited the approximate 2,600 Allegheny County children in foster care on average as well as the more than 6,400 children whose families are receiving some type of in-home services to ensure the child’s safety and well-being while also working to help alleviate conditions that might be impacting a parent’s ability to effectively parent as important investments that must not be shortchanged.

Federal Health and Human Services’ (HHS) officials have begun denying every Title IV-E pre-placement administrative claim the Commonwealth has submitted for reimbursement when the service and administrative work is linked to the provision of in-home services for vulnerable children and families.

To many an observer, the dispute frankly boils down to a bureaucratic he said, she said situation, which has not been immune from political pot shots.

Specter hasn’t let politics stand in the way, writing to HHS Secretary Leavitt in early May asking for his personal attention and intervention in the matter. Yesterday, the Senator, who was joined by Allegheny County officials and Congressman Tim Murphy, showed he is not backing away from protecting the state’s children. He reminded HHS officials he has the ability and will to “leverage” his position as Chairman of the Senate Appropriations Subcommittee for Labor, Health and Human Services and Education toward a satisfactory resolution of the situation.

Murphy called on HHS to both resolve the immediate situation with the Commonwealth and work to resolve such funding disputes in the future saying the agency “Must work with all 50 states to develop a simple procedure for filing claims and clearly define what services are eligible for reimbursement. This will eliminate future confusion and make sure at-risk children receive the best services.”

The staggering (and unexpected) price tag will, if not wiped off the books, definitely impact the Commonwealth’s (and its counties) ability to provide prevention services to children, youth and families. The time to resolve the matter, ensure better practices from this point forward, and do what is best and right for children is overdue. For coverage of the Allegheny event read the Pittsburgh Post-Gazette story (Congressmen press Washington to relinquish foster care funds).

Ironically, Allegheny County is winning national recognition and praise this weekend as the Associated Press provides an in-depth examination of the positive consequences as well as remaining challenges for children in foster care linked to the passage of the federal Adoption and Safe Families Act (ASFA) back in 1997.

Among the sharpest critiques of ASFA is that in responding to the required (and expedited) emphasis on shortening children’s time out of foster care and into adoptive homes, there have been diminished resources and attention necessary to, first and foremost, prevent abuse and other circumstances that when unaddressed force the placement of children outside their own homes.

Many politicians have either chosen to overlook or never fully linked the impact poverty, addiction, homelessness, and affordable family and work supports (like child care) all have on the nation’s foster care system and, more importantly, vulnerable children for whom foster care eventually all too often and tragically becomes a way of life.

Allegheny County, who recently was featured on ABC’s PrimeTime expose on foster care, is recognized in the AP’s analysis as an example of a county “doing things well.” The report notes that the County recognizes that where adoption is the best resource for a child it should occur timely, but equally compelling is the focus on keeping families together, where appropriate and safe, “by focusing on abuse prevention, job finding, substance abuse treatment and other programs.”

Specter, Allegheny County Officials to Urge Children, Not Politics First

Senator Specter will join with Allegheny County officials at noon today to put additional pressure (beyond his early May letter and other positive behind-the-scenes work) on federal officials to quickly resolve the staggering bill facing Pennsylvania and its counties for child protection services. The bill now well over the initial $140 million mark (hovering now at $170 million+) results from an aptly described “semantical” decision by the Bush Administration to disallow 100% of the states Title IV-E pre-placement costs. These costs are incurred when counties and providers work to try and prevent the traumatic uprooting of a child from their own home so long as the child can be safe and their well-being assured with support services provided to the child’s family.

At a time that investment in prevention, protecting children has grown harder as a result of other federal budget and policy choices, it is unconscionable for a bureaucratic snafu to further undermine the best interest in children. Its time for the dispute to end, better practices to be put in place from this point forward (on both the federal and state governments’ part), and end the politics jeopardizing vulnerable children. Once again, the Post-Gazette editorial page is leading a charge (spurred by phenomenal public and private leaders and advocates in the Allegheny County region) to sum it up simply, now is the time for action “before a child gets hurt.”

Lingering Questions, Fiscal Liabilities Impact Child Welfare Funding

The budget does honor the Rendell request for a 5 percent – just over $42 million increase in state funds for child welfare services.

Meanwhile, the dispute between the Rendell Administration and the Bush Administration remains unresolved guaranteeing that the state and counties might still face an unexpected child welfare bill of at least $138 million and likely one as hefty as $170 million. There is confidence that the dispute eventually gets resolved in the Commonwealth’s favor, but that is far from assured.

In case the Bush Administration doesn't act in the best interest of Pennsylvania's at-risk and abused children, there are some limited built in safeguards for the counties within the budget documents (House Bill 2499 and House Bill 1992).

Counties facing a share of the disputed child welfare bill will take some comfort (but not breathe any full sigh of relief) from the fact that the budget bill included language to allow for a share of a transition line item within the child welfare appropriation to be flexible and, if needed, to assist “counties in meeting Federal reimbursement documentation requirements.”

Another item of solace is linked to the fact that the final budget does not reduce the Temporary Assistance for Needy Families (TANF) Transition line item ignoring Rendell's plan to see the line item reduced by $15 million.

Over the last few years, the Commonwealth has faced growing criticism of its work participation rates linked to federal welfare reform and the allocation of its $719 million TANF grant to a variety of worthy services for poor and vulnerable children and families but not those sufficiently targetted toward work and work supports for Pennsylvanians receiving cash assistance.

Responding to this critique (of policies that were established during the Ridge and Schweiker Administrations), the Rendell Administration extracted more than $220 million in TANF resources from county child welfare and juvenile justice services leaving counties scrambling to make ends meet and preserve prevention programs.

To soften the blow last year, the state put up $45 million in state funds to ease the transition with the hope that line item would decrease to $30 million during the 06-07 fiscal year. The recently adopted budget retains the state share, for now, at $45 million and provides language allowing for such funds to be utilized for “other unfunded child welfare expenditures.”

Budget Impact on Sexual Violence Programs Not Clear

PCAR delivered tiny pairs of shoes to lawmakers to make personal the crisis facing children victimized by sexual violence as they reiterated the need for the General Assembly to approve a $966,000+ increase for sexual violence programs.

PCAR’s efforts built upon advocacy by members of the Protect Our Children Committee including: the Allegheny County Child Advocacy Center, Children’s Alliance Center of Berks County, Children’s Coalition of the Lehigh Valley, Court Appointed Special Advocates, United Way of Berks County, National Association of Social Workers – PA Chapter, Network of Victim Assistance (Bucks County), Pathways PA, Pennsylvania Catholic Conference, Pennsylvania Chapter of the American Academy of Pediatrics, Pennsylvania Children and Youth Administrators, Pennsylvania Council of Churches, Pennsylvania Coalition Against Domestic Violence, Pennsylvania Coalition Against Rape, Pennsylvania Family Support Alliance, Pennsylvania Mental Health Consumer’s Association, Pennsylvania Protection and Advocacy, Inc., Philadelphia Children’s Alliance, Sexual Assault Resource and Counseling Center (Lebanon County), Support Center for Child Advocates, Survivors Network of those Abused by Priests and Other Clergy, and The ARC of Pennsylvania.

In the end services for victims of sexual violence reaped only a 2 percent Cost of Living Allowance (COLA) at a price tag for the state of $118,000. Advocates had pressured lawmakers for the nearly $1 million increase citing a very real crisis for child victims some of whom were being put on waiting lists for services (up to eight weeks long). There is growing concern (at least in the advocacy community) about children being delayed access to vital services that are the ingrediants to easing a child's trauma and initiating the intial steps on a long and painful journey toward healing!

The full story for sexual violence services might not be told, however, in looking only at the state share of funding. There was $2.4 million in new and federal funds included within the Department of Health for “Sexual Violence”, but it wasn’t clear exactly what that appropriation is for/will address. Stay tuned.

Domestic Violence Needs Undercut by $1 million

PCADV and advocates from the Protect Our Children Committee urged lawmakers to end the budget challenges forcing PCADV to reduce “by 52% their counseling services for children as a result of staff reductions, community education by 80% and eliminated school programs.” Advocates rallied for slightly more than $1.2 million to enhance DV services. In the end, despite a more than $700 million surplus and an election year budget goodie bag, DV services will gain a simple 2 percent COLA -- $230,000 in additional state resources.

Inaction on Child Protection, Health and Well-Being Legislation

As the General Assembly wrapped up its business for nearly 3 months in a hurried pace where literally hundreds of bills moved (some without much notice or debate), legislation related to protecting children, improving child health, and prioritizing their well-being clearly didn’t make it onto lawmakers’ radar screen.

House Bill 348 – the Multidisciplinary Response to Child Abuse Act, Senate Bill 922 amending the state’s Children’s Trust Fund Board to maximize resources for child abuse prevention through the creation of a 501(c)(3) arm of the board, legislation to implement the Cover All Kids initiative that received funds in the state budget but without legislative authority, and a variety of bills aimed at ensuring that the state end its distinction as the ONLY state in the country ineligible for a share of federal Child Abuse Prevention and Treatment Act (CAPTA) resources were all either entirely overlooked or left unaddressed by one chamber of the General Assembly.

House Bill 348 passed the PA House in December by a vote of 189 to 4. It has been amended and won the support of the Senate Aging and Youth Committee and by all indications the support of the Rendell Administration and advocates alike and yet for more than 6 months it has failed to win the Senate’s attention. The bill amends the Child Protective Services Law (CPSL) to recognize Children’s Advocacy Centers (CACs) in Pennsylvania law asserting their role in improved efforts to prevent, investigate and treat child abuse. Beyond including CAC in the definitions of the CPSL, the bill outlines several findings of the General Assembly including: “That a multidisciplinary response that effectively utilizes the full panoply of services available through a child advocacy center provides a community-based comprehensive and coordinated child abuse intervention to ensure that throughout the investigation and the ongoing delivery of medical, social, legal, and advocacy services to the child, the child’s best interests remain the priority.” The bill also establishes a “Child Abuse Multidisciplinary Response Account” which would have funds deposited into it from a $2 increase civil court filings. The fee would bump up from $10 to $12 per filing. The fund could also serve as the depository for any federal Children’s Justice Act (CJA) resources the state might finally qualify for now that the federal government has approved its Child Abuse Prevention and Treatment Act (CAPTA) state plan. The bill also clarifies that CACs or those entities that might be awarded a grant through the CAMRA can use such funds to address “child abuse” that is committed by an offender that falls outside the current CPSL definition of perpetrator. This would allow these programs to address abuse of children that is committed by non-caregivers or family members (a coach, teacher, neighbor, etc).

The Children’s Trust Fund bill is a straightforward piece of legislation altering the CTF authorizing statute so that it can accept private resources. Friends of the CTF have been working for years to try and secure both the legislation and the opportunity to expand resources for child abuse prevention via a private arm of the CTF. The bill, whose intention is supported by the Rendell Administration, has sat for months in the Senate Appropriations Committee and there was no momentum to end this inertia in the days preceding the legislature’s summer recess.

Nurse Family Partnership, Head Start, Child Care Big Winners in Budget Battle

Voluntary home visits for low-income first time pregnant and new moms was among the most easily identified prevention focused aspects of this year’s state budget. The state’s Nurse Family Partnership programs will be the beneficiaries of a more than $3 million boost. $12.6 million was included in the final budget document including more than ½ million more than requested by Governor Rendell. The state will up just over $7 million with federal resources of $5.27 million supplementing the state’s investment.

Prior to the decision to increase the pool of money by another ½ million, the Rendell Administration projected that their request could add 511 more families bringing it to 4,085 families (and 37 counties) that are connected to this important resource for improved maternal and child health as well as some positive child abuse prevention results.

DPW Secretary Estelle Richman has long touted voluntary home visiting programs as proven-effective prevention focused investment. “The Nurse-Family Partnership provides the first resource in our continuum of care for vulnerable children by providing critical nurse home visitation to children within the first two years of life. This program ensures that children have safe beginnings and receive appropriate health services,” Richman noted at a 2004 legislative hearing.

Head Start, which received its first investment of state dollars in the 05-06 state fiscal year, had hoped to secure a $15 million bump this year. In the end, the General Assembly knocked the Governor’s request down by $5 million bringing the total state resources to $40 million. The initial Rendell request was expected to connect an additional 1,500 children to this quality, effective and comprehensive preschool program that offers services and benefits to young children and their families far beyond early education.

Nearly $60 million more will become available to offer child care assistance for families receiving a cash grant (via the Temporary Assistance for Needy Families Program) or low-income working families for whom child care assistance is the key ingredient to their retained employment. Additional resources ($31 million more) will also be available through a flexible pool DPW requested to ensure families striving to meet the work requirements of welfare reform (and the stiff new mandates from the federal government) have access to critical work supports.

PA House Needs to Take Action on "Rape Kit" Bill, CAC Definition Included

The Pennsylvania Senate unanimously approved Senate Bill 439 -- the Sexual Assault Testing and Evidence Collection Act on June 26th. The bill, which has been a priority for the Pennsylvania Coalition Against Rape (PCAR) since the late 1990s, includes a definition of Children’s Advocacy Centers which would, for the first time, recognize in Pennsylvania law the work of CACs. SB 439 requires the Department of Health, in consultation with PCAR and the Pennsylvania State Police, to establish “a statewide sexual assault evidence collection program to promote the health and safety of victims of sexual assault and to facilitate the prosecution of persons accused of sexual assault.” DOH officials would develop “minimum standard requirements” for all rape kits utilized by hospitals and other health care facilities. DOH officials would also consult with a wide range of entities including PCAR, the Hospital and Health system Association, hospital personnel and CACs in how best to train officials “in the correct use and application of the rape kits.” The bill’s prime sponsor – Senator Jane Orie – is reminding advocates, “It is critical that we now take up the job of getting this bill run in the House, so that it can be enacted into law!” She urges advocates to outreach to the House leadership and members of the Judiciary Committee noting, “The sooner we get it passed, and enacted into law, the better for the dignity and empowerment of sexual assault victims!” Chairman Dennis O’Brien can be reached by email at dobrien@pahousegop.com. The Democratic leader of the Committee is Representative Tom Calatagirone who can be reached at tcaltagi@pahouse.net.

Report portrays improved health, greater violence for Philadelphia's children

Philadelphia Safe and Sound released its annual report on the well-being of Philadelphia’s children and youth earlier this week. The report embodies analysis of how children and youth are faring in relationships to five “desired results” including:

Children are Born Health, Thrive, and are Ready for School.
Children and Youth Live in Stable and Supportive Families.
Children and Youth Practice Healthy Behaviors and Do Not Engage in High Risk Behaviors.
Children and Youth Live in Safe and Supportive Communities and Environments.
Children and Youth Achieve in School and Make a Successful Transition to Adulthood.

The organization was able to report promising news in terms of children’s health and readiness for school citing the deaths of fewer infants as well as reduced lead exposure for the City’s children. “There has been significant, long-term improvement in reducing children’s exposure to lead,” the report espouses while continuing to draw attention to a “worsened” trend of low birth weight babies. Ironically the City is “experiencing significant improvement in its rate of teen pregnancy.”

The report could not overlook the toll violence is taking on Philadelphia’s children and youth saying the news and trends in that category is “problematic.” Much of this violence is linked to guns. “There was a significant increase in homicides of young people. This was driven by a rise in homicides of young people ages 18 to 24 from 80 in 2004 to 125 in 2005. The number of gunshot victims of young people ages 7 to 24 increased 11% to 920 in 2005. Today’s Philadelphia Inquirer (The Lightning Round) cites the rampant gun violence in the City as it chastises Pennsylvania Senator LeAnna Washington, who the editorial board asserts is willing to compromise on a “watered down” bill related to limits on handgun purchases.

Beyond highlighting the violence experienced by children on the streets and in the school setting, the report tackles violence and harm that children suffer within their own homes, at the hands of caregivers. They cited a “resumed” downward trend in terms of the number of children experiencing “serious child abuse and neglect” with “41% fewer substantiated cases than a decade earlier.” City children removed from their own home and put into some placement arrangement like foster care “was at its lowest since 1996” and more children (an increase of 17%) were being reunited with their families once their safety and well-being could be assured.

For those who have not had a chance to read the report, here is a link to it on Philadelphia Safe and Sound’s website. Also today's Inquirer features a guest commentary from longtime child advocate Paul DiLorenzo. DiLorenzo, who is a member of Safe and Sound’s board, cites the report as he calls on families to step up and nurture and protect their children.

"Drug-Endangered Child" Task Force Promoted

Representative James Casorio has teamed up with a number of his bipartisan colleagues calling for the creation of a Task Force on Drug-Endangered Children. The push for a Task Force has grown out of growing concerns about the multi-faceted and negative implications (health, social, education, safety) for children resulting from the exploding manufacturing and use of illegal drugs in particular methamphetamine.

“An entire generation of children in Pennsylvania is facing problems and challenges each day of their young lives that most of us cannot even imagine,” Casorio said as he reminded his colleagues that these children are “Surrounded by adults who use drugs, manufacture drugs and sell drugs, they live their lives in constant physical, emotional and psychological danger.

“In their current state, our state and local children’s services programs and agencies are not equipped to respond to the scope and seriousness of these children’s problems,” he said. “We need to get everyone working together now if we are going to help these children and save them from the same fate as the adults who are putting them in danger every day.”

The Casorio bill (House Bill 2759) amends the Pennsylvania Commission on Crime and Deliquency Law to instruct that PCCD would be responsible for the convening and oversight of this Task Force. The Task Force would include the Secretaries of Health, Public Welfare, Education, Environmental Protection, the Commissioner of the PA State Police, a representative from the Juvenile Court Judges Commission, PA’s Victim Advocate, and PCCD’s Executive Director. Beyond these public officials, the legislation requires the Governor to appoint nine members to the Task Force specifying that those members include:

a representative of local law enforcement
a district attorney
a representative of emergency medical services
a representative of fire and emergency services
an emergency room physician
a representative from county children and youth services, a county mental health program and county drug and alcohol program

The following objectives are to be met by the Task Force:

1. The establishment of medical protocols for the treatment of children who have been endangered by contamination from methamphetamine manufacturing or other exposure to drug production, trafficking or abuse.
2. The development of coordinated procedures by agencies that quickly respond to the needs of children who have been exposed to the contaminants of illegal drug production to ensure their protection and safety.
3. The elimination of any delays in the response that would interfere with important child welfare outcomes aimed at ensuring child protection and safety.
4. The development of protocols for the sharing of information among the various affected response agencies.
5. The assurance that all affected children will continue to be enrolled in school programs.
   
   Representative John Pallone is a cosponsor of the bill. He joined Casorio emphasizing the urgency, “Many people are not aware of the collateral damage of this drug: the adults who lose their jobs and ability to take care of their children, and the children who go without food, clothing and adequate care. In the end, the methamphetamine scourge is costing all of us hundreds of millions of dollars with the strain it is placing on our health-care and children’s services program.”
   
   While the goal and objectives of the Task Force are quite worthy, it does raise questions about whether it might ultimately diminish the fact that similar goals and objections have yet to be fully acknowledged or met for every child in danger, at-risk of abuse and neglect. All of this state’s children impacted by abuse and violence deserve access to coordinated procedures, shared information, elimination of delays in responding to their needs, and assurances that their educational access and success is not further undermined.

CAPTA Compliance on Track

Thanks to solid work by members of the Pennsylvania General Assembly the state continues to take the necessary steps to achieve compliance with the federal Child Abuse Prevention and Treatment Act (CAPTA). Earlier today, the Pennsylvania House of Representative unanimously approved Representative Kauffman's House Bill 2670 -- one of the CAPTA compliance legislative vehicles.

The Rendell Administration made a promise early on that they would pursue an understanding of what would be needed for Pennsylvania to become CAPTA compliant and end its notoriety as the lone state that remained ineligible for a portion of federal (CAPTA) resources, which then triggered our ineligibility for federal Children’s Justice Act (CJA) resources.

After engaging some solid stakeholders and negotiating with the federal government, the Commonwealth has had its CAPTA plan accepted by the federal government and we now stand to realize close to $2 million annually in CAPTA and CJA funds.

To achieve full compliance, legislation is required.

By and large the state must pass legislation to alter the grounds for termination of parental rights, define near fatality and nonaccidental, creation of Citizen Review Panels, and assure the mandatory reporting of infants born and identified as being affected by illegal substance abuse.

House Bill 2596 by Representative Kevin Blaum has been approved by the House Judiciary Committee and now is before the House Appropriations Committee for action. The Blaum and Kauffman bills remain fairly similar.

However, HB 2670, as approved by the House unanimously, includes a different definition of “nonaccidental.” Kauffman's bill defines it as “an injury that is the result of an intentional act that is committed with disregard of a substantial and unjustifiable risk.” This CAPTA bill also differed from HB 2596 in that it was and remains more descriptive of what the state’s required Citizen Review Panels (at least three of them) will be obligated to accomplish including examination of “policies, procedures, and practices of the child protective system, other criteria the panel considers important to ensure the protection of children, including review of child fatalities and near fatalities.” HB 2670 also stipulates who should serve as members on the panels stating, “The panels shall be composed of volunteer members who represent the community and have expertise in the prevention and treatment of child abuse and neglect.”

Meanwhile, Senator Mike O’Pake’s CAPTA legislation, which more closely mirrors the Blaum bill has not yet been scheduled in the Senate.

Jessica's Law Update -- PA Senate Unanimously Supports Tougher Penalties for Sex Offenders

On Monday, the Pennsylvania Senate unanimously approved Senate Bill 944 -- Pennsylvania's version of Jessica's Law. The bill is best known for its stiff penalties for those who prey on children --establishing a mandatory minimum of 25 years for adults who are convicted of rape or involuntary deviate sexual intercose with a child under age 13. The bill also requires GPS monitoring for certain sex offenders upon their release from incarceration, enhancements to Megan's Law and allows authorities to seize assets of those convicted of crimes against children.

Senators Jane Orie and John Rafferty led the charge in the Senate. Rafferty hailed the fact that Pennsylvania is "leading a national effort to crack down on child sex offenders."

Orie challenged her colleagues who might have been considering a vote against the bill citing its tough mandatory provisions (a point of contention in the debate up until this point), "Should we fail to enact this legislation, then our government and we elected officials have regrettably become the real and present danger to Pennsylvania children."

The bill now heads to the PA House. Its passage, as written, can not be assured but Orie is feeling optimistic confident that the unanimous passge in the Senate will keep the momentum going. Given the proven leadership of House Judiciary Chairman Dennis O'Brien clearly the fate of the bill has positive prospects.

To read the Senate GOP press release click here. The Patriot News was one of the few media sources in PA covering the story today, click here for their coverage (State Senate OKs 25-year sentences for child molestation).

Will Multidisciplinary Child Abuse Legislation and Uniform Sexual Assault Testing and Evidence Legislation Win Approval?

As the Senate championed increased accountability, via stiff jail time, for sex offenders, it won’t go unnoticed that several complimentary and victim focused pieces of legislation haven’t yet inspired final action in the General Assembly particularly the the Sexual Assault Testing and Evidence Collection Act (Senate Bill 439) and The Multidisciplinary Response to Child Abuse (House Bill 348).

There is an understanding that Senator Orie’s standardized rape kit, which was spearheaded by the Pennsylvania Coalition Against Rape (PCAR), will see action yet this week. It is, after all, a great bill to move in conjunction with Jessica’s Law in that it represents an important tool to ensure that victims of sexual assault receive appropriate care and equally compelling assures uniformity in collecting evidence that is essential to hold offenders accountable.

Last week, SB 439 was amended to include language from another important piece of legislation – House Bill 348 (the Multidisciplinary Response to Child Abuse) – specific to the definition of the Children’s Advocacy Center (CACs). This inclusion would ensure that CACs would now be recognized in state law regardless the outcome of House Bill 348.

SB 439 requires the Department of Health, in consultation with PCAR and the Pennsylvania State Police, to establish “a statewide sexual assault evidence collection program to promote the health and safety of victims of sexual assault and to facilitate the prosecution of persons accused of sexual assault.” DOH officials would develop “minimum standard requirements” for all rape kits utilized by hospitals and other health care facilities. DOH officials would also consult with a wide range of entities including PCAR, the Hospital and Health system Association, hospital personnel and CACs in how best to train officials “in the correct use and application of the rape kits.”

Unfortunately there is uncertainty about the exact next steps for Representative Julie Harhart’s House Bill 348, which remains in the Senate Appropriations Committee.

Just last week a story in the Delaware County Times (Judge may let boy, 10, testify in sex case) reaffirmed the importance of responding to child victims in a coordinated, non-leading, and child friendly manner. In the case a judge, who has already decided that the child’s testimony is “tainted, is now said to be reconsidering his decision that the 10-year-old boy is “incompetent to testify.” If the judge doesn’t reverse his position, then expectations are that charges against the alleged molester will be tossed. The judge expressed deep concern about the case noting, "Everything was coached. Everything was put in his (the child’s) mouth."

Like SB 439, House Bill 348 represents an excellent opportunity for lawmakers to ensure that in the advancement of legislation to hold offenders to greater accountability, there is not a diminishment of the tools needed to appropriately respond to the medical, social, legal and advocacy needs of child victims as well as those needed to properly and effectively prosecute those who prey on children.

HB 348 amends the Child Protective Services Law (CPSL) to recognize Children’s Advocacy Centers (CACs) in Pennsylvania law asserting their role in improved efforts to prevent, investigate and treat child abuse.

Beyond including CAC in the definitions of the CPSL, the bill outlines several findings of the General Assembly including: “That a multidisciplinary response that effectively utilizes the full panoply of services available through a child advocacy center provides a community-based comprehensive and coordinated child abuse intervention to ensure that throughout the investigation and the ongoing delivery of medical, social, legal, and advocacy services to the child, the child’s best interests remain the priority.”

The bill also establishes a “Child Abuse Multidisciplinary Response Account” which would have funds deposited into it from a $2 increase civil court filings. The fee would bump up from $10 to $12 per filing. The fund could also serve as the depository for any federal Children’s Justice Act (CJA) resources the state might finally qualify for now that the federal government has approved its Child Abuse Prevention and Treatment Act (CAPTA) state plan. The bill also clarifies that CACs or those entities that might be awarded a grant through the CAMRA can use such funds to address “child abuse” that is committed by an offender that falls outside the current CPSL definition of perpetrator. This would allow these programs to address abuse of children that is committed by non-caregivers or family members (a coach, teacher, neighbor, etc)

Rep. Reichley Meets with Members of the Protect Our Children Committee

On Monday, Representative Doug Reichley met with members of the Protect Our Children Committee to address 2006-2007 budget negotiations specific to spending on domestic and sexual violence as well as child welfare services. Below is the follow-up thank you note sent to the Representative.


Good morning Representative Reichley. Thank you so much for taking the time yesterday to meet with some of the folks who gather round the Protect Our Children Committee table. We hope you found it as productive as we did.

We appreciate your sincere attention and willingness to work to find the resources necessary to address the waiting lists and reduced, if not eliminated, prevention services being experienced within Pennsylvania’s extraordinary domestic and sexual violence programs. Beyond the specific modest budget requests put forth by PCADV and PCAR, there remain direct and troubling implications on prevention services that have occurred over the last several years and likely will continue as a result of challenges within this state’s child welfare funding.

Your continued desire to ensure that there is a greater prevention conversation and, more to the point, public education and engagement of the public in preventing child abuse is a compelling goal and definitely one shared equally by members of the POC Committee!! We stand ready and willing to work with you to ensure that leaders of state government, especially those in charge of the Departments of Education, Health and Public Welfare, work to identify unified strategies that transcend individual departments toward a goal of preventing the abuse and victimization of children.

Finally, I did want to follow up on the point specific to the Title IV-E audit ramifications. As you noted, to date, the state has incurred a bill for $137.8 million in disallowed claims. The state has covered the costs (their share and the counties). However, this figure, as I understand it, represents a figure that resulted from disallowances up to and including March of this year. There are continued reviews and disallowances that are expected to result in a total cost closer to $170 million and that is assuming that the state’s new plan and practices are in place as close to July 1st as possible. I am attaching Senator Specter’s letter on the issue that he sent to HHS Secretary Leavitt in early May. Also I am including a link to the background information that our friends at the County Commissioners Association and PA Children and Youth Administrators have put together to educate legislators and the media. Finally, in your backyard yesterday (via the Morning Call), there was a guest opinion that touched on the subject.

Again, thank you for taking time out of what is such a busy schedule this week.

Is there power in ONE?

Have you ever thought, what can I do I am only one person?

Imagine how much could be accomplished on behalf of Pennsylvania's children if all those who think they are just one with no power would bring together their voices, their ideas, their advocacy and most especially their actions to say we matter and more to the point my child, your child, everyone's child matters!

There is no question ordinary folks are already doing the extraordinary on behalf of children, especially abused and victimized children. It is my hope this blog might be a place where together we strengthen and cultivate our own individual work into a collective call to action (and outrage) about what is and what is not being advanced in the halls of power, our schools, and communities toward the best interest of children!

Together we will make a difference,
Cathleen

P.S. So start posting....alert folks to activities in your area.....call folks to action on policy matters....and oh yes just vent when necessary!

PA Earns Mention, Scrutiny in Federal Report @ Foster Care, Adoption Financing

The Rendell Administration is currently engaged in a tough fight with the federal government following the Bush Administration’s decision to disallow one hundred percent of the state’s Title IV-E claims for some in-home services that protect children. When a child’s safety can be assured, these services are intended to prevent the removal of the child from their own home.

This fight, which has a growing price tag now hovering around $170 million in disallowed payments, has become a political hot potato in the current state budget battle. If the federal government will not budge from its position obligating the Commonwealth (and counties) to pay this unexpected ballooning bill, there will be direct impact on the resources available for the prevention, intervention and treatment services for at-risk, abused and neglected children.

Today’s release of the Government Accountability Office’s (GAO) report Foster Care and Adoption Assistance: Federal Oversight Needed to Safeguard Funds and Ensure Consistent Support for States’ Administrative Costs, which found that Pennsylvania was one of six states accounting for an eighty percent increase in Title IV-E administrative claims during a four year period, likely will deepen the debate.

The report and its ramifications also serve as a stark reminder of the scrutiny and persistently changing landscape confronting child welfare and juvenile justice services.

BUDGET ADVOCACY -- Services for Vulnerable, Victimized Children in Peril

The CRISIS FOR CHILDREN IS REAL. PCAR is reporting that “17% of rape crisis centers have waiting lists for children; with an average waiting period of almost 8 weeks. The average number of children on waiting lists per center is 19.” Beyond the reduced access to vital services once a child is victimized, prevention resources are essentially evaporating.

PCADV projects that they have reduced by 52% their counseling services for children as a result of staff reductions and they have “reduced community education by 80% and eliminated school programs.”

Child welfare services were hit hard last year by the extraction of the federal Temporary Assistance for Needy Families (TANF) resources as the Commonwealth worked to balance its TANF books and fend off federal criticism of where its TANF dollars were allocated. The TANF situation undermined a significant share of preventative work the counties were engaged in with community-based providers. If that were not challenging enough, now the Commonwealth is fighting a fierce battle with the federal government who has decided to disallow a huge share of pre-placement claims for children who were placed out of their homes due to abuse, neglect or other family related issues. This latest battle could undermine funding for child welfare services by $200 million when all is said and done. And this is really only part of the child welfare funding story.

Recognizing the crisis for children, the following organizations lent their support to a recent sign on letter seeking modest increases for domestic and sexual violence services as well as urged that the final agreemetn reflect the certified need of county children and youth agencies: Allegheny County Child Advocacy Center, Children’s Alliance Center of Berks County, Children’s Coalition of the Lehigh Valley, Court Appointed Special Advocates, United Way of Berks County, National Association of Social Workers – PA Chapter, Network of Victim Assistance (Bucks County), Pathways PA, Pennsylvania Catholic Conference, Pennsylvania Chapter of the American Academy of Pediatrics, Pennsylvania Children and Youth Administrators, Pennsylvania Council of Churches, Pennsylvania Coalition Against Domestic Violence, Pennsylvania Coalition Against Rape, Pennsylvania Family Support Alliance, Pennsylvania Mental Health Consumer’s Association, Pennsylvania Protection and Advocacy, Inc., Philadelphia Children’s Alliance, Sexual Assault Resource and Counseling Center (Lebanon County), Support Center for Child Advocates, Survivors Network of those Abused by Priests and Other Clergy, and The ARC of Pennsylvania

Santorum, Bush Administration Target Americans Preying on Children

Yesterday, Pennsylvania United States Senator Rick Santorum stood with law enforcement officials to announce the introduction of the Project Safe Childhood Authorization Act. Santorum’s legislation will provide legislative authority, credibility and federal resources to the recently launched United States Department of Justice’s Project Safe Childhood (PSC).

The DOJ initiative, which was unveiled in February by United States Attorney General Alberto Gonzales, is intent on engaging the public and private sector in an articulated coordinated strategy “to prevent, investigate, and prosecute sexual predators, abusers, and pornographers” targeting children. It is estimated that there are more than 50,000 predators lurking online.

More concrete details about the initiative emerged when The Project Safe Childhood guide was unveiled by Gonzales on May 17th. At the unveiling, Gonzales expressed the exasperation of parents, advocates, and law enforcement about the extraordinary rate by which our children and their innocence are under attack by cunning and effective predators noting, “It begins not one moment too soon.” He continued, “It is not an exaggeration to say that we are in the midst of an epidemic of sexual abuse and exploitation of our children.”

Santorum himself noted his motivation for the legislation was driven, in part, by his own role as a father of six, “As a father of six, I am keenly aware of the dangers to our children and intend to work to help the Department of Justice fully implement and expand this initiative – including new resources, better coordination, and increased punishment to ensure our children are protected from these predators.”

PSC mirrors the blueprint model of Project Safe Neighborhoods (PSN), which was executed in 2001 to reduce gun violence in communities. PSN, however, is among many federally launched initiatives that eventually are forced to exist with less and less investment from the federal government.

PSC will have United States Attorney in each area serve as the convener of the PSC activities. The US Attorney is charged with engaging law enforcement, advocates, parents, educators, community leaders and business in the effort “to design and implement programs that re uniquely tailored to its needs, while maximizing the impact of national resources and expertise.” The Attorney’s office will also strive to “establish open and formal lines of information-sharing and case referrals so that investigators and prosecutors can use all available tools for finding offenders and selecting the most appropriate forum in which to seek convictions.”

Specifically public and private partners will work together to “identify and rescue” victims of child exploitation and sexual abuse through five approaches:

Integration of federal, state and local law enforcement efforts to jointly communicate, investigate and prosecute child exploitations cases;
Intensive coordination between the DOJ Child Exploitation and Obscenity Section, the FBI’s Innocent Images Unit and local law enforcement to pursue leads;
Increased federal sexual exploitation investigations and prosecutions with the recognition that stiffer sentences are available when a predator is prosecuted within the federal system;
Training for all levels of law enforcement with the training provided by the National Center for Missing and Exploited Children (NCMEC); and Training of federal,
Utilization and expansion of current public awareness campaigns underway including NCMEC’s successful Ad Council Public Service Advertising campaign to inform parents and the community about the growing and real threat online sexual predators pose to America’s children

Meanwhile, Santorum’s legislation seeks to direct nearly $50 million to the DOJ initiative with the lion’s share of the resources directed to new efforts within communities and states to protect children from online predators. Public awareness and education will continue to be a fundamental ingredient in the DOJ efforts including the creation of Children’s Safety Online Awareness Campaigns. Santorum’s legislation also addresses criminal penalties for registered sex offenders and individuals convicted of child sex trafficking and sexual abuse.

The resources will, in part, support the aggressive counterattack that law enforcement officials have launched to arm parents, local leaders, children, and advocates with an arsenal of information and tactics.

Law enforcement officials including Pennsylvania’s own Attorney General Tom Corbett are already working tirelessly to ensure parents and communities can be prepared to combat the very influential and effective tactics of those who utilize the anonymity of a computer and the innocence of children to gather information about the child in a concerted effort to win their trust. Far too often the victimization of the child moves beyond the Internet to in-person meetings.

In 2005, Corbett launched the Child Predator Unit, which embodies “proactive” and “undercover” strategies to protect children by getting to predators before they get to our children. Late last month, Corbett announced that forty-eight individuals intent on meeting children for sexual encounters utilizing the computer as their tool to groom the child. The latest predators caught in the Corbett net is alleged to have promised the purchase of items from Victoria Secret for what he believed was a 12-year-old girl he openly expressed the desire to perform specific sex acts on when they met. The Unit, which has a current state appropriation of $680,000, utilizes six undercover agents and includes a prosecutor specifically assigned to prosecute these crimes.

Should CYS Workers Know the Children They Protect?

Senator Richard A. Kasunic continues to beat the drum that every child engaged in the child welfare system should have a recent photo included in their case file. A common sense move which might help alleviate circumstances whereby a child welfare worker is sent to a home to eye ball a child(ren) to gauge their well-being and safety only to later find out the child(ren) they saw were not who they thought they were. Kasunic is driven, in part, by the 2003 death of Kristen Tarter – a young child who starved to death even as she was “known” to the CYS system. His legislation (Senate Bill 63) cleared the Senate unanimously this summer and is now awaiting action in the PA House Judiciary Committee. This week the Senator wrote to DPW Secretary Richman, however, saying that she and the Commonwealth shouldn’t wait for legislation advocating that his goal could be achieved through administrative action. He wrote to Richman, "To hopefully avert horrible situations such as this case from recurring, I am requesting that the department consider an administrative change to require county Children and Youth agencies to include photo identification of each child of which the agency maintains a case record. It is my understanding that most of these county agencies already possess cameras and that the implementation costs would be minimal." His legislation is known in the corridors of power as “Kristen’s Law.”

America Lacks Roadmap for America's Youth

From the July 13th Advocates' Agenda, to read the full document, email cpalm@comcast.net

On July 12, members of Congress and advocates mutually articulated a sense of frustration and urgency about the fiscal and human costs inherent in this country’s inability or unwillingness to more effectively integrate and coordinate the variety of federal, state, and local Youth Development initiatives. The Bush Administration appropriately terms the federal government’s approach “Mission Fragmentation.”

The U.S. House Education’s Subcommittee on Select Education convened a hearing to publicly examine the work of the Bush Administration’s Task Force for Disadvantaged Youth as well as pending Federal Youth Coordination Act legislation. H.R. 856 was introduced by Congressman Tom Osborne. His efforts are co-sponsored by Pennsylvania Congressman John Peterson. There are companion efforts in the U.S. Senate led by Minnesota Republican Norm Coleman (S. 409).

Both bills are aimed at improving the health, social, educational, job readiness, and parenting potential of America’s disadvantaged youth, in part, through the establishment of a Federal Youth Development Council. The Council is envisioned as where the buck stops on youth development. It would be the think tank from which concrete action on communication, assessment, accountability, collaboration and integration on behalf of America’s youth emerges.

Marguerite Sallee – President and CEO of America’s Promise – praised lawmakers’ efforts as she chastised, “Currently, the federal government lacks a focal point for youth. We do not have a single entity responsible for setting policy and measurable goals for youth, ensuring communication and coordination across agencies, and holding agencies accountable for achieving results.”

She said few would be shocked to know the country lacks “a roadmap for helping young people reach the goals we hope they will achieve.” The Federal Youth Development Council embodied in H.R. 856 and S. 409 “will develop this road map, and for the first time, coordinate agency efforts toward a common destination.”

The bipartisan legislation has secured broad support in Congress and within the provider, philanthropy, and advocacy community. It was drafted in partnership with the membership of the National Collaboration for Youth, which includes but is not limited to America’s Promise, United Way of America, the National Urban League, Child Welfare League of America, and the National Crime Prevention Council.

The Keystone State particularly Youth Development initiatives within the City of Brotherly Love were front and center at the hearing. Laura Shubilla – President of the Philadelphia Youth Network – presented testimony about “Philadelphia’s work to build coordinated, multi-agency approaches that serve our young people.” She said the Task Force’s work and the pending legislation are “powerful testaments to the importance of this topic.” “Rarely do social, economic, and moral imperatives align so clearly, and urge our attention and action,” said Shubilla.

What Can the Federal Government Do to Replace Parents?

As the Associated Press was reporting that Pennsylvania Senator Rick Santorum and New York Senator Hillary Clinton continued to exchange barbs about the role of government in the lives of children and families, Republican Congressman Bob Ingles didn’t pull any punches at a Congressional hearing last week. Ingles genuinely asked O’Grady, “What can the federal government do to replace parents?”

The Congressman linked the “problems with troubled youth” directly with the “lack of parents” in the child’s life. While his initial question about replacing parents was met by O’Grady with a firm “we will never replace parents that is not the role of government,” Ingles kept pressing, “How do we make better parents?”

He cited a recent meeting in his district where he was alerted to a situation involving a 35-year-old grandmother “who has no parenting skills and who has now passed onto her daughter no parenting skills who is now passing onto her own child no parenting skills.” Now the government is in the process of trying to figure out how to “fix” the fact that the grandmother and her daughter have no parenting skills.

O’Grady stipulated that it was “the proper place of government to do what it can to be as supportive of parents as possible.”

He then tried to offer some suggestions of programs that might be of assistance to this family eventually he didn’t cite the program by official name (the Nurse Family Partnership) but he talked about the value of a program that sends a visiting nurse into an “at-risk” home with a pregnant mom or a mom with a newborn to “support, not replace” the parent. The nurse might assist the family in understanding “how to childproof the home.” He cited such a program as a “mentoring” program which meets the needs of individuals who did not learn parenting skills the “traditional way” from their own parents.

Ingles then identified a further quandary, “So we the government send someone to child proof the home, now that it is child proof, now we need to talk about how to teach reading, then we need to talk about eating properly, so in other words if all the programs working optimally we may have about 10 people knocking on her door of this grandmother?”

He said it was unacceptable to have “10 or 12 people knocking on this grandmother’s door.” What she needs “is to have a single mentor, someone to really love and care for her” and someone who she “can grow to trust.” O’Grady said it is the intention to try and “get down to a one stop shop but not sure in this area” that is feasible so the goal should be to try and keep the support personnel to “a minimum.”

Ingles emphasized the importance of the delivery of community supports in a “sustained way” noting the critical role of faith-based programs.

The Congressman’s focus on parenting and parental supports was echoed by Congressman Danny Davis (D-Illinois). Davis acknowledged he was “stimulated” by line of questioning to wonder “Do programs grow out of planning and evaluation looking at what has not worked and trying to determine how to get to the end result ?”

Davis advocated he would “like to see more money put into it” referring to “parenting classes and opportunities for young parents who have learned as well to be parents.”

O’Grady cited that the “most effective anti-poverty tool we have is an intact family” so the Bush Administration is intent on supporting families, “not telling them how to run their lives, but help them out, show them what other people have learned.”

The Congressman praised the approach of teaching people vs. doing for them noting the advice of his mother, “If they knew better they would do better.”

Counties still struggling to take care of children!

The passage of the 2005-2006 Commonwealth Budget did little to alleviate the fears of counties that surfaced soon after Gov. Rendell introduced his spending plan in February extracting more than $227 million in federal Temporary Assistance for Needy Families (TANF) resources from child welfare line items.

The extraction resulted from level federal TANF funding since 1996, the exhaustion of the state’s TANF reserves, and a shifting of the resources toward services considered more akin to the mission of TANF – providing individuals/families with the tools and work supports necessary to become self-sufficient (i.e. child care, educaton and training, etc).

While the reason for the changes is understood, the decision of the state to not soften the blow a bit so that counties were not moving this year from millions of TANF funds that required no county match to dramatic local match requirements has irritated local officials. In fairness to the issue, the state budget does block out an additional $205 million of state funds for child welfare services, BUT, using state funds vs. TANF funds triggers a required county match. Counties, who are expected to come up with approximately $50 million in county match dollars, got a little good news in that the TANF transition funds (state funds) set at $45 million will be sent to the counties as flexible grants.

To read an analysis about the budget challenges from the County Commissioners Association of PA click here. Additional stories include State budget leaves Berks $7 million short and Juvenile probation needs make tax boost likely.

Full-time DA Bill Signed by Rendell, Calls it "Meaningless" Unless State Finds $$

Earlier this week, Fox News Bill O’Reilly pegged PA and Governor Rendell as apt to “coddle” child molesters. O’Reilly, who has been using his show to demonstrate his own and the country’s outrage about the victimization of children, didn’t quite head down the “fair and balanced” route on this one. Allegedly he asked the Governor’s office to respond to a single question about imposing lifetime monitoring through a GPS system on sex offenders (a topic about to be receive greater attention in the General Assembly when Senators Orie and Rafferty introduce Jessica’s Law). Rendell’s office indicated he wasn’t supportive and so O’Reilly had at PA, the Governor and the other state leaders who didn’t say YES to that single question. Let’ see if O’Reilly covers today’s news Rendell signs S. 565 -- a significant step toward ensuring that every PA county has a full-time DA, but then cautions in his press release that the General Assembly failed to find the money to pay for the bill – the state would pick up 65% the tab of a DA’s salary. Rendell Administration officials estimate that price tag is $6 million per year. PA is currently 1 of 5 states that have the majority of part-time DAs. Why does it matter? Victims Rights is a big reason. If you have a DA with a thriving private law practice and he has to spend time away from that profession that is much more lucrative than the public servant salary of a DA, there is a chance that decisions about what cases to prosecute, what crimes against vulnerable Pennsylvanians get dealt a deal so as to avoid the time and effort of a trial. Indications are that the General Assembly will find the money needed as Rendell summed it up best, “""Without an appropriation, this is a meaningless bill."

To read the Gov’s press release click here.

WELCOME TO Pennsylvania, where we coddle child molesters.

Stu Bykofsky That reckless Bill O'Reilly
Stu Bykofsky, Columnist
Philadelphia Daily News

WELCOME TO Pennsylvania, where we coddle child molesters.
So said Bill O'Reilly Monday night on the Fox News Channel's ratings-rich "The O'Reilly Factor," which divided all 50 states into those "tough" or "soft" on child sex offenders, or somewhere in-between.

To read the full text of Stu's column go to this web address http://www.philly.com/mld/dailynews/12119553.htm

To learn more about Bill O'Reilly http://www.billoreilly.com/show?action=viewTVShow&showID=357#6

Predators Put on Notice in PA!

Pennsylvania State Senators Jane Orie (R-Allegheny) and John Rafferty (R-Montgomery) are putting calculating child predators on notice. Yesterday the senators announced legislation intent on better protecting children through enhanced tracking systems for sex offenders. Additionally the legislation will impose more stringent criminal penalties on those who hunt and sexually attack vulnerable children.

“This bill will put these predators on notice, If you harm children, we will lock you up for a long time and you will lose your freedom for life,” advocated Orie in announcing her intentions.
Orie and Rafferty will model Jessica’s Law signed into law in early May by Florida Governor Jeb Bush.

Butler Eagle Says Closed Hearing "Troubling Reflection"

This editorial follows up on an issue ProtectPAChildren covered last week http://protectpachildren.blogspot.com/2005/07/convicted-molesters-hearing-closed.html

Lawrence district judge wrong in closing pedophile's hearing
Butler Eagle Editorial
http://www.butlereagle.com/apps/pbcs.dll/article?AID=/20050711/EDITORIAL01/507110328/-1/Editorial

The Lawrence County District Attorney's Office and District Judge James Reed obviously don't have much confidence in the news media's ability to exercise proper professional judgment in the reporting of sensitive cases.
But while displaying such an opinion at a preliminary hearing last week for Jerry Valecko, 43, a convicted, repeat pedophile from Butler County, both also assaulted the public's right to be represented at a proceeding that the public had a legal right to attend.
From Valecko's perspective, the actions by a Lawrence County assistant district attorney and Reed also retracted the defendant's right to an open hearing to ensure that his rights, as well as the rights of the alleged victim, were properly maintained throughout the proceeding.
It also would seem that Reed overstepped his authority when he closed the hearing. A district judge's office is not legally considered a court of record.
Already, one Lawrence County judge has agreed to provide media with a transcript of the hearing, due to the controversy surrounding the proceeding.
When reporters objected to Reed's plan to close the hearing, Reed should have opted to continue the proceeding, and a hearing on the objection should have been scheduled before the Lawrence County president judge.
A president judge presides over all court proceedings in his or her county and, in this instance, President Judge Dominick Motto, not Reed, should have made the ruling about whether the hearing would be open or closed.
It was Lawrence County Assistant District Attorney James Papa who actually made the request Tuesday that all "non-essential" people be barred from the Valecko hearing. Later, Lawrence County District Attorney Matt Mangino said prosecutors had a right to make such a request "to protect the victim."
He said case law in this state supports the position.
"We can request that and we did," Mangino said.
However, there were ways that the victim's name could have been shielded without closing the hearing, and Motto should be as concerned as the general public that he wasn't consulted about the closed-hearing objections prior to the hearing being held - because it was an affront to his authority.
Residents of Lawrence County, as well as Butler County, are intensely interested in legal developments regarding Valecko. Valecko, a former Center Township youth baseball coach, already is serving a 4- to 8-year prison sentence for fondling five boys in Butler County. During his sexually violent predator assessment, Valecko reportedly said he also assaulted at least six more victims who never came forward.
Tuesday's hearing centered on the assault of an 11-year-old Ellwood City boy Valecko met while awaiting sentencing in Butler County. Present to attend the hearing were a television reporter and newspaper reporters from Butler, Beaver and Lawrence counties.
When the reporters objected to the closing of the hearing, they were ushered from the room by deputy sheriffs. Reed denied a request by the reporters to delay the hearing until the reporters could get in touch with their lawyers.
That the closed-hearing issue was not permitted to be decided after an official consideration of objections is a troubling reflection on the Lawrence County criminal justice system.
There is no cause for sympathy for Valecko in regard to his current plight. If found guilty in the case involving the Ellwood City boy, he should not be handed a sentence of compassion.
But all proceedings involving his alleged crimes, and that will impact his future, should be open for the public and the media to witness.

PCAR along with the Ridges Will Unveil Vision of Hope Fund!

The dynamite folks at The Pennsylvania Coalition Against Rape will celebrate 30 years of being this Commonwealth's conscience to prevent sexual violence against women, men and children as well as a proven effective leader in advancing vital intervention strategies! Thursday's event (July 14th that is) will be a bang up affair replete with a Who's Who luncheon. PCAR will honor the fierce commitment of former Governor Ridge and First Lady Michelle Ridge, the never give up attitude of Senator Stewart Greenleaf who led (for at least 2 decades) the fight to change PA's Constitution so victimized children had testimony options in criminal court, and many other fantastic voices and advocates for children! Of course the highlight of the event will be the launching of the Vision of Hope Fund to raise money to prevent the sexual abuse of children. I told the PCAR folks that while it was wonderful to have such a vitally needed fund created the real victory for children is PCAR and the Ridge's commitment to providing HOPE! Way to go PCAR......you make us all proud! To learn more or to attend the event call (800) 692-7445, ext. 111 or visit the PCAR website (www.pcar.org).

34% Pay Raise Approved

House Bill 1521 is headed to Governor Rendell's desk. Lawmakers in leadership will be getitng a pay raise if the Governor signs the bill. Legislative leaders in the General Assembly secured a 34% pay raise with their vote to approve the bill while rank and file members will have to make due with a 16% raise. At 2:00 am. with no debate, no dissension, not a whisper the House voted 119 to 79 to approve the pay raise. Within 5 minutes the Senate then convened and voted 27 to 23 to approve the pay raise. Senators Boscola, Browne, Earll, Ferlo, Fontana, Gordner, Kasunic, Kitchen, Logan, Orie, Piccola, Pippey, Rafferty, Regola, Stack, Tartaglione, Tomlinson, Vance, Washington, Waugh, D. White, and M. White voted NO!

Medicaid Cuts Approved, Budget and Pay Raise Bills On the Move

Tonight, the Pennsylvania House and Senate approved the bill that lays the foundation for $230 million in Medicaid cuts. Among the provisions: a required co-pay for families with children who have signigicant disabilities particularly behavioral health needs. Families with income above 200% of the federal poverty guidelines will be asked to contribute toward their child's medical costs. The final decision does mitigate the pain for these often cited "loop hole" children seeking a cost savings of $10 million vs. the Rendell reqest of $20 million.

Swift action is now underway to resolve late tonight, first thing tomorrow the other key pieces of legislation to finally get PA a budget. Here's the bills that will spark the most interest and debate.

COMMONWEALTH BUDGET BILL – House Bill 815
MEDICAID CUTS -- House Bill 1168 (Public Welfare Code)
PUBLIC EDUCATION – House Bill 628
PAY RAISE – House Bill 1521

What Questions Will Lawmakers Ponder Prior to Pay Raise?

What Questions Will Lawmakers Ponder Prior to Pay Raise?

Lawmakers appear poised to bump (OK torpedo) their salaries. It seems appropriate lawmakers will end up taking home paychecks that more than ½ of all Pennsylvanians can not even fathom. After all why buck a trend: Reality and Harrisburg rarely go hand-in-hand.

I don’t know I haven’t walked in their shoes so it may very well be a struggle to make ends meet with a minimum (but guaranteed) paycheck of $69K, taxpayer funded top of the line health care, access to subsidized vehicles, a daily bonus of more than $100 every day they show up to work in Harrisburg, and a gravy train of countless meals and other goodies. Stop the cynicism let’s cut them some slack they have job security always on their mind – those fickle voters.

Imagine how taxing it must be to consistently be haunted by the question: Will my best be good enough this time around to assure me another shot at doing the people’s business in Harrisburg?

Pennsylvanians for Effective Government (PEG) has the antidote but obviously lawmakers are not convinced by it yet. PEG offers this assurance: “only about 2 percent of those who challenged incumbents in Pennsylvania are elected.”

If at the end of the day lawmakers’ consciences have them casting a YES vote on increasing their salary by upwards of 14, 19 percent or whatever, hopefully the vote comes after pondering some questions and glimpse of reality for Pennsylvania’s children and families including (the list will grow but here’s a start):

* Motivated by the news that once again children have been plucked from their home by a convicted, yet unregistered sex offender, did I do my part to protect children by assuring my pay raise is accompanied by the $1 million request by Attorney General Corbett so that the stellar work of the Child-Predator Unit expands?
* Will the 1.2 million Pennsylvanians facing hunger insecurity be asked to sacrifice basics like food, not luxuries, because $2.4 million is carved out of the State Food Purchase Program?
* Did the kindness afforded the City of Brother Love get extended to the remaining 66 Pennsylvania counties so that thousands of children and families are not denied access to vital prevention programs?
* Are victims of crime a priority, in part, by ensuring that never will the needs of a victim have to be balanced against the private practice choices of a part-time District Attorney?
* Did I join with the business elite of this Commonwealth to reinforce the value of early childhood education as I stood firm that the $30 million state investment in Head Start would be realized?
* Will the bipartisan Ounce of Prevention Bill eventually pass the General Assembly and have at least the $10 million investment included at introduction but stripped to pass the shell of the bill, restored?
* What ever became of that boost in the state’s minimum wage?