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To Our Readers & Concerned Parents,  

Childs Cry for Help Inc.'s ......goal is to provide a more substantial method of defining "mental child abuse" as it applies to Florida's child abuse statute.

Currently the statute is TOO VAGUE & TOO BROAD for "Mental Injury", this opinion came from 4 District Court of Appeals. The Florida Supreme Court suggested that the legislators could cure this problem. 

Although the First Amendment protects freedom of speech; the right of free expression is not absolute.  In particular, words that are labeled as fighting words, threats, child pornography, and inciting a criminal act are not entirely subject to laws governing free speech.

NOTE:  Fighting words are defined as those:

• directed to a particular person or small group
• inherently likely to cause a violent reaction
• play no role in expression of ideas.  

 The US Supreme Court held that the First Amendment does not protect "fighting words" those which by their very utterance inflict injury or tend to incite an immediate breach of peace. (315 U.S. 568.572 (1942) )

• NOTE:  Statutes are and always will be subject to interpretation. 

   

Childs Cry for Help has worked with many national, state, and local organizations, attorneys, mental health professionals to craft this bill.  The ideas are based on "pure facts" of what is needed to help prevent children from suffering from "Mental Injury". 

We appreciate your comments and stories and value your opinions.  Yesterday's news article which appeared in PSL NEWS was not an opinion stated by me nor is it a relfection on what CCFH has been working on for the past three years.            

Kind Regards,

Jodi Walsh

 

PSL NEWS ....April 16, 2008  

pg 2..... FOR THE RECORD

On page A1 April 14, under the headline "PSL mom lobbies for state child abuse bill," the example used of an enraged parent screaming at a child to illustrate what would be considered "emotional child abuse" under a bill proposed in Tallahassee may have been misleading.  Parents cannot be criminally prosecuted for being enraged at their child.  The bill targets criminal conduct that is speech not protected by the First Amendment.

Read article go to:

http://tcpalm.com/news/2008/apr/14/30gtpsl-mom-lobbies-for-state-child-abuse-bill/  

  

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APRIL 18, 2008 ....Miami Herald

HARD TIMES PUT KIDS AT RISK, as well as programs to serve them

To read article:

http://www.miamiherald.com/459/story/499526.html

Legislators are looking to make cuts in the budget that will hurt our children.  Whenever there is a faltering economy there is a rise in child abuse cases.  The Florida child abuse hotline has already had an increase in calls by 15 % and still rising.   Budget cuts will effect abuse prevention progams and child-welfare investigators.  

 

   

SENATOR BILL NELSON (D-FL) .............speaks out in Washington about SEXUAL ASSAULTS & Justice Department

“I am not satisfied that we have a full picture of the number of sexual assaults perpetrated against these American contractors. Nor do I believe that the respective Departments have clear policies in place to address crimes committed by and against American contractors working alongside our troops. We’ve got an unprecedented number of contractors posted in war zones. If they are victimized by their colleagues or soldiers, they seem to end up in legal limbo. For example, the Sexual Assault Prevention and Response Office of the Defense Department says it is not even aware of the procedures the military criminal investigative services would take if they encountered a civilian sexual assault or harassment case, except for referring the victim to medical treatment. I find this fact deeply disturbing. Further, there apparently is, quite simply, a lack of determination or desire on the part of the Justice Department to see criminal prosecution of these crimes.”

---Senator Bill Nelson’s (D-FL) opening statement at a Foreign Relations Subcommittee Hearing, “Closing Legal Loopholes – Justice for Americans Sexually Assaulted in Iraq and Afghanistan,” April 9, 2008

APRIL 22, 2008  ......FL Legislation....JUVENILLE JUSTICE SYSTEM

CRITICS: Proposal to lock up teens wasteful, "punitive"

A bill that just passed the HOUSE unanimously; may effect juvenille justice system in a number of ways.  Bill may also cost the state millions of dollars please read:

http://www.palmbeachpost.com/search/content/local_news/epaper/2008/04/22/0422juveniledetention.html    

Florida Legislation:   CRIMINAL CONDUCT BILL

Criminal Conduct Bill  SB # 1280 and HB # 103 did not make it to the Senate Floor for the 2008 session.  The bill was waiting on signatures from the leadership Senators which never happened.  We are uncertain as to why the Senate leaders did not sign off but we are confident that each step made is another step closer!  

The HOUSE bill was on second reading and never made for a full vote due to the Senate.

Childs Cry for Help wants to sincerely thank Senator Dave Aronberg (D) and Rep Gayle Harrel (R) for their continued support with this issue for our children.  Both legislators have worked very hard on this issue for the  past two years.  We also want to  thank Senator Ronda Storms (R) for co-sponsoring the bill.   A special thanks to Nicole Williams and Kristen Pesicek,  legislative assistants who were more than helpful during this legislative process.        

CCFH is committed to a non-partisan approach for children's issues.  Dedicated to working on Florida's Child Abuse statute to recognize "Mental Injury".  We are confident and will continue to work on this issue to protect the children in Florida from this type of abuse.  

We also want to thank those of you who took the time to write emails and make phone calls to our legislators.  It is your "VOICE" that helps our children and will make a difference.   We truly appreciate your support.  

Children may loose in the political arena because adults don't fight for children as they do for other issues concerning themselves.  Together we can all make a difference for our children.  It is never too late!!!!! 

  

    

 

 

      

Is Senator Aronberg going to sponsor the bill again next year??  What about Rep Harrell will she sponsor the bill next year??

This bill will pass...............DON"T GIVE UP...........

The legislators will finally realize that they need to step upto the plate and protect children from abuse especially the type of abuse that is mental!!!!!  You are doing a great job!!!

  

MOTHER TO SEEK ABUSE BILL THIRD TIME

recent article in PALM BEACH POST May 26, 2008 concerning Criminal Conduct Bill

read article:  http://www.palmbeachpost.com/treasurecoast/content/tcoast/epaper/2008/05/26/mlb_slabuse_0527.html.

 

 

St Lucie County in the news again.  

Morningside Elementary kindergarten teacher, Wendy Portillo voted out five year old Alex Barton, an autistic child with other classmates last week.  

Classmates were encouraged to cast their vote on whether Alex Barton would remain in the class or not.  The school had ten days left  before the year was coming to a close.  Other classmates were also making comments out loud while Alex stood in front of the class. 

National, state and local media as well as many groups have  reported on this story.   DCF & St. Lucie County school board are investigating the issue.  There have been alot of "voices" being heard not only through St Lucie County but around the country concerning this issue for Alex.  The mom has set up an email through a local newspaper to show support for ALEX.  The email is below:

SupportALEX@treasurecoast.com

 

INFORMATION ABOUT TEAHCER ABUSE in FLORIDA

Florida ranks second in the Nation for TEACHER ABUSE while California is in first place.

Florida school districts and  state cling to system that puts our educators with little training in charge of policing themselves which is resulting in dangerous teachers still remaining in the classrooms teaching.  In the last decade, over 750 Florida teachers were punished for misconduct, yet out of that number 150 remain in the calssrooms still teaching  our children today!!!

Teachers that have been allegedly accused of verbally abusing, physicially man handling their students and are allowed to keep their jobs.  Some teachers have been accused of molestation and others sexual abuse but remain in their positions.  There have been 3,922 cases in the State of Florida for teacher abuse reported by the NASDTECS, National Association of State Directors of Teacher Education Certification while California's numbers are much higher with 5,997 cases of teacher abuse.

Florida Education Department Head, Bureau Chief, Marian Lambeth said she can do little to reduce abusive teachers going back to classrooms when she was interviewed last year by the Herald Tribune reporters who have researched Florida's Teacher Abuse for two years.    

In 1997 an elementary tacher from Miami-Dade County accused of verbally abusing and physically man handling students on dozens of occasions is still teaching today. 

PALM BEACH COUNTY , 2001, teacher was accused of five counts of emotionally abuse on ESE students was convicted at trial level, overturned in the appeals court. Florida Supreme Court agreed with the justices ruling.   

There are many more cases here in Florida concerning teacher abuse and teacher's inappriate behavior. Children need to feel safe and know that they are accepted by their peers and teachers when they are at school or in any other surrounding.                 

                         TEACHER VERBAL ABUSE OF STUDENTS

There is NO state in the United States that expressly prohibits teachers from verbally abusing students. However, two states have laws BARRING verbal abuse in certain situations.  Both Oklahoma and Nevada laws include definitions of "verbal abuse", however each of these states have different laws with limited protection for such abuse.   

Oklahoma prohibits such abuse by "caretakers" from verbally abusing anyone entrusted to their care or from knowingly causing or permitting such abuse.  Oklahoma law defines verbal abuse as "the repeated use of words, sounds, or other forms of communication by a caretaker, including but not limited to, language, gesturess, actions or behaviors, that are calculated to humilate or cause fear, embarrassment, shame or degradation" to the person entrusted in his/ her care.  Violation is a misdemeanor punishable by a maximum sentence of one year, a maximum fine of $1,000, or both.  

Nevada's law prohibits private educational institutions and establishments serving children with disabilities from using "verbal and mental abuse" to regulate students' behavior.  The law defines such abuse as "actions or utternaces that are intended to casue and actually casue severe emotional distress to a person."

Although most teacher's verbal abuse of students is not addressed with state laws, such conduct may be addressed through board of education policies, teacher contracts, professional codes of conducts, and teacher performance evaluations.

Florida's Govenor Charlie Crist endorsed federal legislation proposed by US REP Adam Putman, (R) (FL), to create a national database of abusive teachers, a hot line for complaints and federal funds for state investigators.  However, this proposed legislation would be dealing with a teacher's sexual misconduct which is a much deeper problem within our nation's schools due to underreporting according to an Associated Press investigation.

   

        

  

  

 

 

This information posted is very interesting and quite disturbing.  At least two states have something pertaining to this type of verbal abuse.  Why aren't more state legislators realizing or taking action about this issue?   It seems that the press has reported on these issues around the country that the legislators would see that there is a problem in this area and it should be addressed.  Is this something that must be handled through each state or could there be federal legislation for this issue to protect children from this type of abuse.

THANK YOU FOR POSTING THIS 

These type of situations would more likely to be handled on indvidual state laws.  However, only two states have language within their statutes that address some part of such abuse for teachers.  There are two other states that address some form of such abuse in their "bullying" statute.       

Regulations with such abuse are implemented with the Department of Education;  educational school policies. 

It seems that there are many more cases surfacing around the US.  Colorado recently had a teacher punish his student for being late to class, the teacher told the student to do push ups while the other students were allowed to hit him.  This incident was reported by the Associated Press last month.              

SUPREME COURT Rejects DEATH PENALTY for CHILD RAPE

The Supreme Court heard argument (Kennedy v. Louisiana, 07-343)  in April for a child rapist.  Patrick Kennedy, 43, was sentenced to death in 2003 for raping his 8-year old step daughter in Louisiana.  The Supreme Court ruled, 5-4 vote that Louisiana law allowing execution for raping a child violates the Constitution's ban on cruel and unusual punishment. 

       

Florida supports PAS claims,  FLORIDA'S COURTS support and favor these claims in hearings..........and Govenor Crist supports PAS; he signed on to create awareness for parental allienation..........does  GOVENOR CRIST support this legislation for mental injury for children.  WE ARE CURIOUS to know what he is doing to protect children and if the GOV. CRIST is helping to fix these problems in our courts for children.  PLEASE LET US KNOW.......thankyou!!