PROTECTING CHILDREN FROM CRIME

April is Child Abuse Prevention month and this year its message has resonated strongly through my office for two reasons.  First of all in late March my Crimes Against Children Bureau led by Bureau Chief Ama Dimwoh successfully prosecuted one of the most evil killers I have come across in my entire career.  He is the stepfather of Nixmary Brown the tiny 7-year-old girl murdered in January 2006. The stepfather is headed for more than 25-years-in prison. Nixmary’s mother faces trial on similar murder charges in the next few months. She can expect a similar result.

Nixmary suffered for many months leading up to her death and her ordeal reveals a lesson for the community.  There were telltale signs that she was in trouble.  She regularly missed school. She had bruises on her face and body.  But even an emergency room doctor failed to alert authorities to make sure someone came to her aid.

With these circumstances on our minds it was with great pride that I was able to announce this month a partnership with the New York Foundling Fontana Center for Child Protection called Brooklyn Child Watch.  The goal of Brooklyn Child Watch is to get volunteers in the community involved by providing them with the necessary information and skills to help protect children in their neighborhoods.  Other sponsors of this program include Darkness to Light™, First AME Zion Church and Morning Star Highway Church of Christ. 

Together we will reach out to the community volunteers who are interested in finding ways to keep children safe.  We will educate these public service minded volunteers about signs of child abuse and how they can take actions to gather help.

The program will improve the quality of life in Brooklyn communities by fostering participation in violence prevention programs and workshops.  There are no more helpless victims than our children and by abusing them we threaten our own future.

I created our Crimes Against Children Bureau in 1997 in recognition of the vulnerability of these children. It was the first such bureau established by any District Attorney in New York State and has since become a model for other DA’s offices around the country,

But many cases of child abuse do not get reported.  This is where the community comes in.  With the neighborhood involved, we can become aware of many more cases of child abuse and ensure the safety of our children.

The Program will be launched through a series of three workshops taught by staff of The New York Foundling Fontana Center, Kings County District Attorney’s Office Crimes Against Children Bureau, Darkness to Light, First AME Zion Church and Morning Star Highway Church of Christ.  The first workshop will cover types of child maltreatment and teach participants how to identify and report child abuse and neglect.  The second workshop will reinforce the adult’s responsibility to safeguard our children and teach seven steps to prevent child sexual abuse.  The third workshop gives participants the tools to develop neighborhood partnerships, organize informational events and identify resources to engage the entire community in the work of preventing child abuse and neglect.  There are no fees for the workshops.

Here is a profile of the Crimes Against Children Bureau.
 

CRIMES AGAINST CHILDREN BUREAU
 

Crimes Against Children staff (Pictured from left to right):  Unit Chief Linda Weinman; Bureau Chief Catherine Dagonese; 1^st Deputy Bureau Chief Roger McCready; Deputy Bureau Chief Kelly Casey; Chief Ama Dwimoh (seated); Assistant Counsel to the DA Mary Faldich; Secretary Rosalie Cenatiempo; 1^st Deputy Bureau Chief Jacqueline Kagan; and Supervising Paralegal Melissa Palmaccio

My Crimes Against Children Bureau is led by Chief Ama Dwimoh.  She heads up a division of some of the most skilled prosecutors and child protection advocates including Bureau Chief Catherine Dagonese; Mary Faldich, Assistant Counsel to the DA; First Deputy Bureau Chiefs Jacqueline Kagan and Roger McCready; Deputy Bureau Chief Kelly Casey; and Unit Chief Linda Weinman.  They have all successfully prosecuted many child abuse cases since being assigned to our Crimes Against Children Bureau.  They are very compassionate with child crime victims and among the most vocal activists in the fight against child abuse and neglect. 

The Bureau collects gifts and distributes them to child abuse victims at a holiday party every December. In addition, in December 2000, Ama, along with DA Hynes, created the city’s first Baby Safe Haven Program, an initiative that allows women to safely and secretly abandon their newborns without fear of prosecution provided that the newborn is unharmed. The newborns may be brought to a police station, hospital or firehouse. The baby will be given the proper medical care and personal attention until it is placed in an appropriate home.

The mission of the Crimes Against Children Bureau is to investigate and prosecute cases of child abuse.  The Bureau’s focus are cases that involve the sex abuse of children under the age of eleven, physical abuse of children under the age of seventeen years where the perpetrator is a parent or guardian, as well as child homicides.  

The philosophy of the Bureau is twofold: to vigorously prosecute these serious cases and to protect the child victim from further traumatization within the criminal justice system. The Crimes Against Children Bureau works in close partnership with the Brooklyn Child Advocacy Center, a multi-disciplinary partnership which includes representatives of the 

Administration for Children’s Services, the New York City Police Department and Victim Services.  Child victims are interviewed by experienced professionals from each discipline - prosecution, child protection/social services, law enforcement and mental health – all of whom are specially trained to work with the special needs of young children.

The Crimes Against Children Bureau also works closely to help educate the community about the dynamics of child abuse and to address the concerns of parents, educators, and community leaders.  The Bureau is closely connected to programs that help heal the child victim, as well as those that help prevent abuse before it occurs.

Through close collaboration with the child protective and mental health disciplines, the Crimes Against Children Bureau is dedicated to helping child victims receive true justice and healing in the aftermath of abuse.

The news articles below also relate to the subject of child abuse and may be of interest to you or members of your community. 

Superior Court upholds child abuse law

Archmere Academy's challenge to abuse case rejected

Delaware's Child Victims Act, which eliminated the civil statute of limitations for child sexual abuse and allowed a two-year window during which previously barred suits could be filed, has survived its first court challenge.

In an 18-page ruling released Wednesday, Superior Court Judge Robert B. Young ruled the 2007 legislation does not violate the Constitution.

The constitutionality of the act had been challenged by defense attorneys in a case brought by U.S. Navy Commander Kenneth J. Whitwell against Archmere Academy in Claymont, one of the school's former faculty members -- the Rev. Edward Smith, and his religious order, the Norbertine fathers. Whitwell alleged hundreds of incidents of sexual abuse by Smith while Whitwell was a student at Archmere in the 1980s. A jury last year awarded a $41 million verdict in Whitwell's federal case against Smith, and the Diocese of Wilmington settled with Whitwell for $450,000 in January.

Statutes of limitation are designed to protect a defendant's right to a fair trial by prescribing a time frame during which records, witnesses and memories can be found and relied upon. Defense attorneys argued the new law violated due process protections by reviving time-barred cases.

While acknowledging that courts in other states have found such laws unconstitutional, Young found federal courts already have set a precedent for upholding similar laws.

"This statute ... merely creates a demarcated opportunity to remedy a past wrong," he wrote. "The available precedent demonstrates to this Court that a finding of constitutionality is proper."

It is new territory in Delaware law, and the same challenges were raised by defendants in a federal case filed in July by former Delaware resident Robert Quill, who alleged years of abuse in the 1960s and 1970s by the Rev. Francis G. DeLuca, a Wilmington diocesan priest who retired to Syracuse, N.Y., in 1993. That case -- the first filed under the provisions of the 2007 law -- was settled for an undisclosed sum earlier this year, removing the question from the federal docket.

DeLuca's 2006 arrest and subsequent conviction on similar charges in Syracuse prompted Bishop Michael Saltarelli to release the names of 20 diocesan priests -- half of them already dead -- against whom the Diocese of Wilmington had credible allegations of child sexual abuse.

Pope Benedict XVI, who is visiting the United States this week, has said he was "deeply ashamed" of the clergy abuse scandal, which emerged nationally in 2002, calling it a "great suffering" and promising to do everything possible to prevent more abuse.

The scandal was only part of the reason the General Assembly passed the Child Victim's Act, sponsored by state Sen. Karen E. Peterson, D-Stanton. Lawmakers heard hours of testimony from those alleging abuse by clergy, but also heard from those whose abuse came at the hands of family, friends and other trusted adults.

"The constitutionality of the bill was questioned several times during the debate," Peterson said. "I was assured repeatedly by those who understand constitutional law that it was constitutional and would withstand judicial scrutiny. They were right, and it has. The law has done what it was intended to do. I think it's working very well."

"Today is a victory lap for the General Assembly," said Thomas Neuberger, whose Neuberger Firm in Wilmington has represented all of the clergy abuse victims who have filed suit in Delaware so far. "The judge said, 'I'm not second-guessing the General Assembly.' The need for this is a policy decision and we don't have an activist court in Delaware. The judge properly deferred to the General Assembly. It is a big victory for all the victims."

Bill Kelleher, who represents the Norbertines of Delaware, declined to say whether Young's ruling would be appealed. But, he said, it is significant that the judge acknowledged the "majority rule" of other courts and that his ruling, while aligned with federal precedent, was a minority decision.

"That shows we did have a lot to go on here," Kelleher said. "It wasn't like we were making an argument without support. The ramifications of this kind of ruling could extend to all kinds of cases. It is a significant decision, the first Delaware decision that deals with a revival of lapsed civil actions."

This year, state Rep. Gregory F. Lavelle, R-Sharpley, introduced further legislation that would allow victims of child sexual abuse to sue the state, its political subdivisions and public schools in some cases. The bill, H.B. 335, passed the House this week.

Neuberger said he has "an inventory" of about 40 cases that may go forward under the Child Victim's Act.

"There is a year and about four months to go [in the two-year window], and I think people still are waiting on the sidelines," he said. "It's very hard for people to come forward."

In the same ruling Wednesday, Young rejected motions from Archmere and the Norbertines to dismiss the Whitwell case, which is scheduled for trial next January.

http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20080417/NEWS02/804170360 

THE MISSISSIPPI PRESS

Walk for Hope brings awareness to child abuse

Sunday, April 13, 2008

By AMBER CRAIG

OCEAN SPRINGS -- Volunteers at the forefront of helping abused and neglected children find safe homes hope that one day their services will no longer be needed.

But until that day, awareness will bring more community involvement and that will bring more help to children who have been hurt, said organizers of the first Walk for Hope sponsored by Jackson County Court Appointed Special Advocates Saturday morning.

CASA is an organization that operates through the Jackson County Services Coalition and assigns trained volunteers to speak in the court system for children who have been neglected or abused.

Volunteers study a child's situation and act as an objective voice in court, with the ultimate goal being to move the child through the court system and into a safe, permanent living environment.

More than 100 people walked from the Biloxi side to the Ocean Springs Yacht Club, where speakers involved in some way with CASA shared their thoughts at a "rally for hope."

Youth Court Judge Sharon Sigalas told the crowd that just last week she saw an 18-month-old with bruises all over his body, "and all he knew was pain."

"We never get used to it," Sigalas said of those who work with abused and neglected children. "You never understand why it happens."

The idea for the first Walk for Hope was born just a month ago, said Frances Allsup, CASA program director. The event coincides with National Child Abuse Prevention and Awareness Month.

"I would have never thought that this small walk would have come to this," Allsup told the crowd of more than 100 after the walk.

CASA always needs volunteers, Allsup said. In 2007, 1,600 cases were referred to CASA. The organization could only take on 40 of those cases because there weren't enough volunteers, Allsup said. In addition, many of the volunteers hold full time jobs. CASA has 28 volunteers.

"It is the volunteers who make this program," Allsup said. "They volunteer for the best interest of the child, and all I do is try to help them."

Allsup said her main goal this year is to bring more awareness of the prevalence of child abuse in Jackson County. People often don't know the signs of child abuse, and they don't realize that it happens in their neighborhoods or even to children they know, Allsup said.

"A lot of people don't realize it happens in their backyard," Allsup said.

Sigalas asked for people to consider becoming a CASA volunteer or supporter and, if nothing else, to keep abused children at the forefront of their minds.

"If you would, every night when you close your eyes, pray for these children of Jackson County," Sigalas said.

http://www.gulflive.com/news/mississippipress/index.ssf?/base/news/1208081724220620.xml 

DALLAS MORNING NEWS

Plano advocates shine light on child abuse prevention

As national prevention month nears, advocates say early intervention is crucial

12:00 AM CDT on Sunday, March 30, 2008

By LEE HATFIELD / Special Contributor to The Dallas Morning News

April is National Child Abuse Prevention Month, and local advocates want residents to take notice of a problem that affects many more children than one might expect.

Last year, 737 children were placed in the care of Court Appointed Special Advocates of Collin County, including 350 younger than 5. Early intervention and public awareness are important factors in breaking the cycle of child abuse, officials say.

"One of our most difficult tasks is to help the community understand that child abuse is a real issue with long-term effects on our society," said Susan Etheridge, CASA's executive director.

Child abuse affects every social and economic level and can often consist of multiple types of abuse, including physical, sexual, emotional and neglect, Ms. Etheridge said.

Neglect, which is the failure to provide basic needs for a child, is present in more than half of CASA's cases, Ms. Etheridge said.

Emotional abuse, meanwhile, is like hitting a child with words, said Dan Powers, senior director of clinical and administrative services at the Collin County Children's Advocacy Center in Plano.

"It's a consistent, ongoing situation which damages a child's self-esteem," Mr. Powers said. "The adult uses intimidation over and over."

Experts say children nearly always know their abusers.

Less than 4 percent of child abuse cases involve strangers – the rest involve abuse by family members, friends of the family or someone the child trusts, Mr. Powers said.

Substance abuse, including alcohol and narcotics, is also a common factor, Ms. Etheridge said.

To protect children, adults can educate them about their rights and believe them if they complain of abuse and seek professional help, Ms. Etheridge said.

"Well-meaning parents often don't realize the dangers and don't know how to protect their kids," she said.

Parents also can safeguard their children by being proactive, such as never letting them enter a public bathroom alone or requesting more information about adults supervising children at a summer camp, Ms. Etheridge said.

Under the Texas Family Code, anyone suspecting abuse is required to make a report. If you report abuse in good faith, you are protected from civil and criminal liability and you may remain anonymous.

Awareness and intervention are key – and adults must have the courage to speak up if they suspect abuse, the experts said.

"People don't want to hear about child abuse," Ms. Etheridge said. "If we could get people to listen, then we could have an impact on the problem."