Child abuse bill sparks debate
Should teachers, doctors, nurses and others be subject to prosecution if they suspect a child has been abused and fail to report it?
That was the question before senators today, as they weighed a bill that would make it a misdemeanor for a broad range of professionals and caregivers if they have reason to believe a child's been abused and don't tell authorities.
Sen. Brian E. Frosh, chairman of the Judicial Proceedings Committee, which recommended the bill, recounted several tragic cases in which a headmaster, a teacher and others were told about or saw instances of abuse but didn't report them. In one case he described, the child later was beaten to death.
But Sen. Andy Harris, an anesthesiologist, said he sometimes sees 14-year-old mothers in his medical practice, and he worried that he and the nurses who treat such patients may be prosecuted if they don't tell authorities when the father of the baby is an adult - which constitutes statutory rape, a reportable offense under the bill.
"Do we have any idea how many people will be affected by this?" asked Harris, a Baltimore County Republican who's running for Congress.
"Everybody who sees what they reasonably believe to be child abuse," responded Frosh, a Montgomery County Democrat. Some 38 other states already have similar criminal penalties, he pointed out.
Sen. Bobby Zirkin, a Baltimore County Democrat, questioned the need for subjecting professionals and teachers to prosecution when they're already liable to administrative and civil sanctions, including losing the licenses that allow them to pursue their occupations.
Zirkin warned that the bill could lead to "Monday morning quarterbacking" of tragic abuse cases, with caregivers charged with a crime when the evidence of abuse wasn't that clear until much later. He proposed an amendment that would have stripped the criminal penalty, urging colleagues to think "before we start making criminals out of people doing the best they can."
But Frosh objected that the amendment would gut the bill. And he reminded senators that investigations have revealed that dozens of juveniles were abused while held at state detention facilities such as the Hickey School. "And now there's nothing we can do about that," he said. The aim of making failure to report a crime is to encourage more reporting of abuse, he said, not to prosecute anyone.
Zirkin's amendment failed, 11 to 36. The bill now awaits a final vote.

Comments
MARYLANDERS SHOULD BE CONCERNED ABOUT THE NECESSITY OF PASSING ERIC M. BROMWELL'S BILL ON CHILD ABUSE:
LETTER TO THE EDITOR OF THE BALTIMORE SUN
I commend Eric M. Bromwell, the Baltimore County legislator who has introduced new child abuse
legislation, "Bill would make it easier to file sex-abuse suits," (02/07/2008), in spite of much heavy-handed intimidation.
I expect my church to be supporting such legislation as much as they can, not lobbying against it in
shortsighted self interest.
Yes, we all know by now that the sex abuse of children is a societal problem of immense proportions and that very fact, sadly, has been made painfully evident by our own church's continuing misdeeds in handling this
problem from the beginning.
But if we as a society, are ever to get ahead of this problem, it should be our churches who are in the forefront of accountability and transparency.
In addition to the total and complete removal of statutes of limitation, window legislation is the single, most effective method of holding sexual
predators and any possibly complicit institutions accountable.
In Delaware the Child Victims Act was signed into law by Governor Minner on July 10, 2007 and it included a two year civil window for previously time barred cases.
It is especially important to me, as one who has testified before the Delaware legislature, along with
priests and laity of the Diocese of Wilmington, to support similar legislation in Maryland where a large
number of people, members of the Wilmington Diocese, reside.
There are members of the human community who have been
suffering for years and they need help. They may belong to churches, synagogues, mosques or temples or
they may not.
This is not one denomination's problem and it does not involve only church ministers.
Mothers and dads, doctors and lawyers, teachers and coaches are among the accused. Child abuse does not discriminate on any basis.
Both charity and justice require that we do the right thing "without counting the cost." This is what Jesus taught. He never said it was contingent on the price tag.
We need to do what must be done and I congratulate Eric M. Bromwell for his dedication to his
constituency and to his church.
Sister Maureen Paul Turlish
Victims' Advocate
New Castle, Delaware
maturlishmdsnd@yahoo.com
___________________________________________
I am an educator, a member of the Delaware non-sectarian coalition, Child Victims Voice and was a
speaker at the November 3, 2007 conference of NAPSAC, the National Association to Prevent Sexual Abuse of Children in Minneapolis, Minnesota. I testified twice
before the Delaware legislature in support of our newly passed Child Victims Law. I am a board member of DACOA, the Delaware Association of Children of Alcoholics.
______________________________
Posted by: MAUREEN PAUL TURLISH | February 21, 2008 12:25 PM
WHAT ABOUT ACCOUNTABILITY AND TRANSPARENCY?
There is a need to change Maryland's inadequate childhood sexual abuse statutes as was done last year in Delaware for the protection of everyone.
It is as simple and as profound as that.
It is a glaring need, one that should be obvious to all those concerned with the welfare and protection of
children.
Maryland's archaic civil statutes have been among the most ineffective in the nation, allowing little time
for civil action in older cases.
The history of enabling in regard to known sexual predators is appalling, unconscionable and immoral.
This is especially evident in the recent history of the cover up in the Roman Catholic Church.
Although the Catholic Church has not been alone among religious denominations with problems of sexually abusive clerics, its history of covering up and protecting these offenders has been singularly scandalous.
Instead of being pro-active in supporting adequate legislation in holding offenders accountable it has used all of its power and resources in fighting tooth and nail to obstruct new legislation.
This is supported by the fact that church leadership failed to even address its sexual abuse problem until decades of cover-up were first exposed in the Archdiocese of Boston, ground zero for the Catholic Church in the United States.
Boston Superior Court Judge Constance Sweeney, an exemplary product of at least sixteen years of
catholic school education, ordered the release of all records and files on credibly accused pedophile priests in Boston early on while pastors in churches across the United States were being told not to worry
because their diocese had no such problem.
This is tragic and it speaks to the skewered value we as a society place on children, especially those
victims of childhood sexual abuse.
As members of a community of believers, the people of God -
We say we are concerned with the rights of the unborn.
We say we are concerned with the trafficking of persons.
We say we are concerned about the protection of the human rights of immigrants, legal or illegal.
But while we may take the moral high ground on these issues, many of us ignore the victims of childhood
sexual abuse who are right in front of us and instead talk about greedy lawyers, complain about how unfair
it is to hold individuals accountable for their past sins and crimes, make inflammatory statements about
the anti-catholic attitudes of anyone who would suggest accountability and the bias of just about every newspaper in the country, calling down God's eternal wrath on them from time to time.
None of this does much to address the problem.
In fact, statements made by church leadership in Maryland that HB 858 would have unfairly punished the
Catholic Church by forcing it to put millions of dollars toward litigation while hampering its ability to do charitable work is patently untrue and no documentary evidence has been produced to support such an outrageous claim.
What can be documented is the fact that the Archdiocese of Los Angeles, for example, has spent millions of dollars per year in fighting tooth and
nail against victims of childhood sexual abuse until the very last moment before the church would have been forced into a courtroom where archdiocesan records and
files would have been made public.
This is a continuing tragedy of unspeakable horrors that is not mitigated by the fact that it may have
happened ten, twenty or thirty years ago. It is an abomination which must be dealt with, but justice, like charity, begins at home.
It should have begun in earnest when all the bishops of the United States received the Doyle, Peterson,
Mouton Report in 1985.
It should have begun in earnest in 2002 when our bishops said it would.
It should have begun in earnest when Pope John Paul II said that there is no place in the priesthood for
those who would abuse a child.
We are all still waiting for that promised accountability and transparency even while then United
States Conference of Catholic Bishops president Wilton Gregory was telling us that, "The terrible history recorded here today is history."
No, it is not behind us as Bishop Gregory would have wished because church records, forced into the public
venue by the courts, have brought that reality home to us with a vengeance.
One can only blanch at what may lie among the thousands of documents that too many dioceses around
the country refuse to release, but what has already been made public appears to document decisions that
may be more criminal in nature then the "mistakes" and "poor decisions" that some official have claimed.
Because their enablers did not put our children first, they did not have the integrity to do what they were
morally bound to do in the first place, and that was to call the police.
This reality is much harder to stomach and it is the reason why Marylanders should be demanding legislation that will open a civil window of at least two years to
get some of these sociopaths and their records into a civil, if not criminal, courtroom where they belong.
Jesus said, "the truth shall set you free," but when will the truth be known?
Yes, the tragedy continues in the larger society but the tragedy in our own church continues while the list
only gets longer as the forced release of records and files makes evident.
Real accountability requires that all arbitrary, and they are arbitrary, statutes of limitation, criminal
and civil, on the sexual abuse of our children be removed and that a window of at least two years be
provided to allow previously time barred cases to be brought forward in a court of law.
In addition to the complete removal of statutes of limitation in regard to the sexual abuse of children, window legislation is the single most effective means of holding sexual predators of any stripe, along with any possible enablers, accountable.
It is unconscionable and downright immoral to be opposing the removal of SOLs and fighting allegations of crimes, known to be credible, in court on the basis of arbitrary SOLs.
There should be no accommodation in law that virtually barres victims of childhood sexual abuse from bringing
their cases forward in civil court.
Statements made by various denominations that dreadful mistakes were made in its handling of this or
that case, is reminiscent of statements made after the release of the Grand Jury Report on the
Archdiocese of Philadelphia in September of 2005.
Church spokesmen there even went so far as to blame everything on the Know-Nothings of the 1850s.
Unbelievable but true.
Church history tells us that the problems of sexual abuse were seriously condemned from the earliest days of the church. Church Councils and Canon Law were very
specific in their condemnations of sexual aberrations and just as specific as to punishments, sometimes even including death.
In Delaware, we were successful is totally removing statutes of limitation in regard to the sexual abuse of our children by anyone and we included a two year window for previously time barred cases. The Child Victims Law was signed by our Governor Ruth Ann Minner on July 10, 2007, and it covers everyone, everyone.
Delaware was able to accomplish this through its broad based, non-sectarian coalition, Child Victims Voice which included hundreds of individuals and organizations.
Visit the coalition website at
www.childvictimsvoice.com.
The people of Maryland deserve better and their state legislators need to pass similar child abuse laws.
Justice and Charity are what Jesus taught. He never said it was contingent on the price tag.
Sister Maureen Paul Turlish
Victims' Advocate
Posted by: Sister Maureen Paul Turlish | March 6, 2008 12:24 PM