CHILD ATHLETE ABUSE SYNDROME, ?A NEW DISEASE ...

August 4, 2012 by admin?

?Participation in sports, recreation, and exercise (SRE) is increasingly popular and widespread in
American culture?. Recent reports estimate that approximately 3.7 million ED visits occur each year for injuries related to participation in sports and recreation.? [12.]

?Each year in the United States, an estimated 38 million children play organized sports, and basketball, baseball/softball, football, soccer, and cheerleading are among the most popular.1 Yet, sports injuries are common, resulting in 3.5 million medical visits annually.2 Most of these injuries are preventable.? [13.][16.]

CHILD ATHLETE ABUSE SYNDROME (CAAS) IS A SHORT TITLE For A CLUSTERING of CHILD (

?PHYSICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
? PSYCHOLOGICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
? SEXUAL ABUSE
? FAILED CHILD CUSTODIAL PROTECTION
? NEGLIGENT COACHING CARE-GIVING SUPERVISION
? THAT WAS INFLICTED, CAUSED, CREATED, OR ALLOWED TO BE INFLICTIED, CAUSED, CREATED, DIRECTLY OF INDIRECTLY BY THE PROBLEMATIC COACH.[6.]

As our 1961 Kentucky Wildcat Freshman Class prepared for our UK Football Reunion scheduled for June 2008, following revelations in The Thin Thirty book by Shannon Ragland in 2007, concerns developed about our teammates after they reported experiences 50 years ago, as teammates returned information for the Reunion. We realized that our teammates had suffered morbidity and mortality at the hands of the UK Football Coaches and the signs and symptoms had lasted over the past 50 years, that the tragedy had also been covered-up and hushed for 50 years.

We were prompted to survey the morbidity and mortality of our 1961-1962 University of Kentucky Football Team. It was the ?first study of its kind?, said Frank Deford of Sports Illustrated. The research study was titled: The Longitudinal and Retrospective Study of The Impact of Coaching Behaviors on the 1961-1962 University of Kentucky Football Wildcats by Kay Collier McLaughlin, Ph.D., Micheal B. Minix Sr. M.D., Twila Minix, R.N., Jim Overman, Scott Brogdon See cappaa.com.

That study evolved into the definition of Child athlete Abuse, ?A New Disease?.
CHILD ATHLETE ABUSE SYNDROME IS ?MEDICALIZED?

? Medicalized: To identify or categorize a condition or behavior as being a disorder requiring medical treatment or intervention [2.]

? CAAS IS LEGITIMATE DIANOSIS WITH ICD-9 CODES. Every classification of Child Abuse in every venue is Medicalized. The ?International Classification of Disease, 9th edition, (ICD-9) Clinical Modification is a standardized classification of disease, injuries, and causes of death, by etiology and anatomic localization and codified into a 6-digit number, which allows clinicians, statisticians, politicians, health planners, health insurance and others to speak a common language, both US and internationally?. ICD-9s are used to bill medical insurance by Doctors.[3.]

PLEASE SEE THE CLINICAL PODCAST by linking to the URL, Universal Resource Locator or web address below: Title: CHILD ATHETE ABUSE SYNDROME, ?A NEW DISEASE?
http://www.athletesafety1st.com

CHILD ATHLETE ABUSE SYNDROME HAS BEEN ?ILLEGALIZED?

Battered Child Syndrome (BCS) was reported in 1962. It evolved into Child Protection Laws. [4.]

Child Abuse Prevention and Treatment and Reauthorization Act 2010, Public Law 111-320 was first enacted into Federal Law in 1972 and has been amended several times, most recently 2010. It will be hopefully amended again because of the reaction to the Penn State Coach Sandusky tragedy.

U. S. Senate Bill 1877 is presently parked in committee with an a amendment to current Caretaker language definition. I have an additional Amendment recommended to several Senators including Senators Rand Paul and Mitch McConnell to be considered when the discussion begins. They have reacted positively to my amendment.

19 years after BCS, in 1981 Dr. Edwin R. Guise and Dr. Richard M. Ball, in disapproval, first described the terms respectively: ?Forcing kids into sports is called ?type of Child Abuse.? Some parents abuse their children by beating them, others by pushing them to succeed in sports to the point of serious injury.?

Dr. Edwin R. Guise of Henry Ford Hospital in Detroit calls it ?Socially Approved Athletic Child Abuse.?
Dr. Guise has reported that ?swimmers shoulder? is a condition so severe it requires surgery and is on the increase among teenagers who are team swimmers.

?Another Bone Specialist? Dr. Richard M. Ball of Plainfield, N.J. condemned the grueling training programs for adolescents as a ?Battered-Child-Athlete-Syndrome?. Dr. Ball said teenage swimmers were developing serious should tendonitis that might require surgery.

Dr. Edwin R. Guise and Dr. Richard M. Ball are credited for the terms
? ?Socially Approved Athletic Child Abuse?
? ?Battered-Child-Athlete-Syndrome? [5.]

Forty-nine years after the report of Battered Child Syndrome, April 29, 2011, Micheal B. Minix, Sr., M.D., this reporter, defined and presented Child Athlete Abuse Syndrome (CAAS), ?A New Disease? at the Athlete Abuse Prevention Summit, Omni Parker House, Boston, MA. [6.]

CAAS is Called a ?A NEW DISEASE? because many in the entire athletic community, including leadership officials, witnesses, often the media and Systems In Crisis, described below, have covered-up sexual Physical and Psychological Abuse and attempted to spin athletic injuries and deaths as unfortunate byproducts of playing the game.

The Penn State Tragedy is a prime example. The Sandusky Tragedy has enlightened the public about evil behaviors of Coaches and leadership officials who attempt to cover-up. The state of Kentucky is not immune to similar problems, from my experience.

Former Penn State head football ?Coach Joe Paterno seriously faulted? in the Coach Jerry Sandusky Tragedy that found Sandusky guilty on 48 counts of Child Sexual abuse. The self investigation of Penn State notes that University President Graham Spanier, Senior Vice President Gary Schultz and Athletic Director Tim Curley altered their decision to report the sexual abuse crimes after a meeting with the head Coach Paterno who died in January 2012, two months after the story broke. [8.]

?No Sport is a Kingdom unto its own?; ?No one is above the Law.? said former Secretary of State, Condeleezza Rice. [11.]

The Offender that causes or allows to be caused serious Child Athlete Not-Accidental, Preventable Morbidity and Mortality, has been ?let out of the locker room? and newly exposed. The Penn State shameful devastation has begun the descent of ?Socially Approved Athletic Child Abuse?. But much remains to be done.

Coaches are in charge of conditioning, boot camp, practice and games. Coaches should be familiar with Child Abuse Laws, the Rules of Law concerning Child and Youth who participate in Sports.

Protective Custody and Care-Giving Supervision are transferred from the Parent and Guardian to the Teacher for curricular activities and the Coach during extracurricular school activities. The Parent, Guardian, Teacher and Coach have equal Duty under the Law, when they have custody and control of the Child. They have a Duty to Protect the Child. The premise for this duty is that a Child is compelled to attend school and must be separated from the Parent or Guardian. [14.]

Another important part of my background and a contributing factor in the definition of CAAS is my training as a Trainer of Kentucky Doctors how to Recognize Child Abuse. I was certified in 2009 to go out to KY doctors offices and teach doctors and their staffs how to recognize. That also translated to Sports, Recreation and Exercise (SRE) for me.

C.A.R.E. was sponsored and supported by Prevent Child Abuse KY, Dept of Commuinity Based Serlvices, U of L Dept Pediatric Forensic Medicine did the instruction and KMA and funded by the KY Cabinent of Health and Family Services .

During training, I asked the C.A.R.E. group if Coaches were ?Tempoarary Substitute Caretakers?. The reply in a personal email from the C.A.R.E. director, who was also interested in CAAS, after her collegues? investigation, about 2 months later, follows. She called it ?good news? for my Child Athlete Abuse Syndrome endeavor:

?Our agency [DCBS] investigates abuse and neglect allegations involving situations where a person is providing care, has custody or has control of a child. Teachers, camp counselors, bus drivers, babysitters, grandparents, coaches etc fit in to that category if they are left to care for a child and the parent is not present for supervision. We are investigating these type situations in this manner across the state. If [DCBS] staff have questions about whether a person falls into these categories, they can consult with Central Office or their regional attorney.? [17.]

Verbal and signed Permissions to Participate and Waivers in Sports, Recreation and Exercise (SRE) and other activities granted by Parents and Guardians do not permit Criminal, Unlawful behavior such as Physical, Psychological and/or Sexual Abuse, Gross Negligence and Human Rights Disorders.

On the civil Litigation side, a parent or guardian?s agreement to waive a minor child?s rights to sue a provider for harm, shifting the risk of damage awards away from the sponsoring sports organization, will not be enforced, because courts have consistently refused to enforce waivers against Children. [18.]

?The use of physical discipline, or corporal punishment, on children has a long and sordid tradition in America?s homes, schools and athletic programs. The recent deaths of middle school, high school, college, semi-professional and professional athletes indicates that the use of excessive exercise and punishment by school officials and coaches can kill.?

?Athletic officials and the media attempt to spin athletic injuries and deaths as unfortunate byproducts of playing the game. ?Despite their spin, ?coaches tweak and torque the athlete to see how far [they] can be pushed.?

?Today athletes are treated as superhuman-heroes who are expected to play even when hurt, sick or fatigued.?

?According to common law standards, public school teachers and coaches may impose reasonable but not excessive force to discipline a child.

?The use of excessive force or exercise to discipline a child violates that child?s substantive due process rights.? [7.]

The American Academy of Pediatrics Policies include
?? Availability of Qualified Coaches in organized sports can be key factor in providing safety and a positive experience
?? Because most youth sports coaches are volunteers with little or no formal training in child development, they cannot be expected to correctly match demands of a sport with a child?s readiness to participate.
?? Educational programs are available for Youth Sports Coaches, but most coaches do not participate.
?? Coaches may try to teach what often cannot be learned and blame resulting failures on shortcomings of athletes ? ? ?? Child Athletes are not ?Little Adults?
?? Pediatricians can further advocate safe sports participation by promoting better education and training of youth sports coaches.
?? Pediatricians can work with sports administrators and coaches within their community and share relevant information on child development, injury assessment, first aid, and injury prevention. and take an active role in developing safety programs while ensuring that existing safety measures are observed? [20.]
? Standards for coaching competency are available and certification for youth sports coaches should address these competencies. [21.]

?On September 17, 2009, a Jefferson County (Kentucky) jury acquitted former Pleasure Ridge Park High School football Coach Jason Stinson of reckless homicide and wanton endangerment in the August 20, 2008 heat-stroke death of football player Max Gilpin? in Adult Criminal Court.

Under the Kentucky Penal Code, a person is guilty of reckless homicide when, ?with recklessness he causes the death of another person.?8 A person is acting recklessly if ?he fails to perceive a substantial and unjustifiable risk,? and the risk ?must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.?9 These are the questions the jury will be posed with should this case (Coach Jason Stinson) go to trial. [22.]

?The trial had been the nation?s first prosecution of a football coach in a player?s heat-related death. Prosecutors argued that Stinson withheld water from players, ran them excessively, ignored the signs of heat exhaustion being suffered by a number of his players, told the players they would run until someone quit the team, failed to stop the running even as another player collapsed before Gilpin, and ignored specific indications of heat stroke as Gilpin began shaking and stumbling during his final sprints before he collapsed.?

Defense attorneys, however, contended that the causes of death were prescription medication being taken by Gilpin, consumption by the victim of the over-the-counter supplement creatine, and a viral illness allegedly suffered by Gilpin at the time of the incident.? [15.]

And No KY High School Athletic Association Rules had been violated.[22.]

KHSAA Rules are not Rules of Law, but they are Rules for how the games are to be played and violations are penalized by warnings, suspensions, forfeitures, probations, letters of reprimand, vacation of games and championships etc. A trial by the KHSAA cannot result in jail time.

I asked important people in the Criminal Trial why they hadn?t filled Criminal Child Abuse Charges in 2009 (like Sandusky in 2012) because KY Law states in KRS 620.120 that Criminal charges can be tried separately in Juvenile/Family and in Adult Criminal Court. The 2 Courts have different modes and standards of operation and conviction.

KRS 620.120: ?In cases where criminal charges arising out of the same transaction or occurrence are filed against an adult alleged to be the perpetrator of child abuse or neglect, such charges shall be tried separately from the adjudicatory hearing held pursuant to this chapter. Effective: July 1, 1987.?

But ?There is challenge determining where Parallel Proceedings meet in the courts.?

?Incidents of child abuse and neglect sometimes result in parallel proceedings in juvenile 1 and criminal courts. 2 For example:

Example: If someone reports to the police that a Child Athlete is a victim of Child Abuse, the police will relay this information to the child protection agency(CPS). The police conduct an independent investigation of the incident, report to the County Attorney, which results in a prosecution in Criminal Court.

Meanwhile, CPS and the County Attorney file a Child Abuse petition in the Juvenile/Family Court. The Abused Child is taken to the hospital emergency room with severe injuries. Because of the characteristics of the injuries, the Doctors at the hospital are mandated to Report to CPS and the County Attorney. Thus, the process with both Courts should repeat itself.

?In such cases there are often two separate, simultaneous court proceedings involving the same victim, the same alleged perpetrator, and to a large extent, the same incidents of maltreatment. Unless there is coordination between these two proceedings, there are duplications of effort, inconsistent decisions, wasted resources, and needless trauma to child victims. Coordination is needed at all stages: investigation, case preparation, and litigation.?

Coordination of the proceedings is complicated by the fact that the Juvenile/Family and Adult Criminal Courts have difficulty determining where Parallel Proceedings meet in the courts. [19]

Coaches have a Fiduciary Coach-Athlete Responsibility and Trust for Youth Athletes in College and the Olympics.

Ignorance of the Law and Overlooking the Law are no excuse and certainly no defense in Court for any type Child or Youth Athlete Abuse.

The Bottom Line, Win-At-All-Costs Dysfunctional Sports Community has not included Child Protection, Supervision and Abuse Law into Educational Certification courses. Only 20% of Medical Schools worldwide teach Child Abuse Recognition and Reporting. ?Notably, the Report Card indicated an unacceptable rating for sustaining an adequate pool of coaches who are trained in coaching techniques and safety. Clearly, there is a need to focus our attention on coaching preparation requirements.? [10.]

The Recognition and Reporting of Child Abuse is a widespread problem. Failed Leadership has worsened the problem in Sports, Recreation and Exercise. Additionally, important systems have ignored and/or overlooked the crisis. The following systems are part of the crisis for Child Abuse in general [1.] and Child athlete Abuse Syndrome [6.]:
? Doctor, Health Care Personnel and Citizen Reporting
? Medical and Law Schools
? Medical Associations and publications
? Attorney Guidelines and Standards for Child Abuse litigation
? Law enforcement
? Criminal Justice System
? Public Health
? State and Federal Governments
? Child Welfare Systems
? School and Non-School Athletic Associations and Federations
? Deficient Caretaker Language Definition of Child Abuse Prevention and Reauthorization Act 2010 Section 3. Paragraph 2.

?Parens Patriae? Doctrine Grants Power and Authority of the State to protect minor Children, age less than 18, and other persons who are legally unable to protect themselves.

The Etymology of ?Parens Patriae? is from Latin meaning Government is ?Parent of the Nation?. ?Parens Patriae? doctrine is the legal framework for the Special Standard of Child Care? [9.] The Coach is the Parent on the Field of Play.

? In U.S., the State is the ?Supreme Guardian? of all Children
? If Parents, Guardians and Substitute Caretakers such as Coaches are Unable, Unwilling or Fail to Protect their Children or other Children, when they are in the custody and control of Substitute Caretakers like Coaches, the Government shall Protect Child Safety and ensure proper Child Care, if the Law is enforced properly.
? The State has the power and authority to take action to Protect the Child from harm. [46.]
? Tripartite Relationship = PARENT + CHILD + STATE
? ?Parens Patriae? Balances the Rights and Responsibilities among Parents-Child-State as guided by Federal Laws
? Same Tripartite Relationship exists for the Coach
Coach-Caretaker + Child-Athlete + State
? It is Permissible for the Coach-Caretaker to use His/Her Methods of Coaching children in Sports, Recreation and Exercise (SRE) providing the Coach complies with the Special Standards of Care issued by State for a Child
? The Tripartite Coach-Caretaker + Child-Athlete + State Relationship is In Effect during Practices, Camps, Over-Nights, Travel Teams, Closed Practices. (These are the ?Be Vigilant for Parents and Guardians Venues?)
? For Children the Supreme Power of the State is in Effect on Every Inch of Ground, Every Second of Time in the United States and around the entire World

References:
1. Surgeon General?s Workshop on Making Prevention of Child Maltreatment a National Priority: Implementing Innovations of a Public Approach, Surgeon General?s Workshop Proceedings Lister Hill Auditorium National Institutes of Health Bethesda, Maryland, March 30?31, 2005]
2. [Online-Dictionary]
3. International Classification of Disease, 9th edition,
4. [?The Battered-Child Syndrome?, C. Henry Kempe, M.D.; Frederic N. Silverman, M.D.; Brandt F. Steele, M.D.; William Droegemueller, M.D. ; Henry K. Silver, M.D., JAMA. 1962;181(1):17-24.]
5. [Weekly World News, Jan 20, 1981, Health News]
6. Child Athlete Abuse Syndrome, ?A New Disease?, Athlete Abuse Prevention Summit, Omni Parker House, Boston, MA. April 29, 2011, Micheal B. Minix, Sr., M.D. and http://www.cappaa.com/
7. [EXCESSIVE EXERCISE AS CORPORAL PUNISHMENT IN MOORE v. WILLIS INDEPENDENT SCHOOL DISTRICT - HAS THE FIFTH CIRCUIT "TOTALLY ISOLATED" ITSELF IN ITS POSITION? Author By Kristina Rico Villanova Sports and Entertainment Law Journal, Villanova University, CASENOTE: 9 Vill. Sports & Ent. L.J. 351. 2002
8. [By Allie Grasgreen : http://www.insidehighered.com/news/2012/07/13/freeh-report-faults-penn-state-athletics-culture#ixzz20Vl35J8o Inside Higher Ed]
9. West?s Encyclopedia of American Law, edition 2.
10. Citizenship Through Sports Alliance (CTSA) published the Report Card on Youth Sport in America 2005
11. State of The Nation, Candy Crowly CNN News, Condoleezza Rice interview
12. Preventing Injuries in Sports. Recreation amd Exercise. CDC Injury Center, September 07, 2006.
13. Survey, Safe Kids Worldwide, sponsor Johnson & Johnson
14. McLeod v. Grant County School Dist. No. 128,255 P.2d 360,362 (Wash. 1953
15. [Sports Law Year-in-Review January 2010 High School Today, Sports Law Year-In-Review: 2009, By Lee E. Green, J.D., National Federation of High School Athletic Associations]
16. CDC Foundation, Partner With Us, Partnership with Johnson & Johnson to out source surveys and studies, http://www.cdcfoundation.org/what/partners#category-299
17. Personal email from C.A.R.E. Director, Kate Dean, and the KY Dept of Community Based Services (DCBS)
18. Malamud et al, Marquette Sports Law Journal, vol 2, Spring 1992, no. 2]
19. Marcia Sprague and Mark Hardin, University of Louisville Journal of Family Law, ARTICLE: COORDINATION OF JUVENILE AND CRIMINAL COURT CHILD ABUSE AND NEGLECT PROCEEDINGS * 1997, American Bar Association, Spring, 1996 / 1997, 35 U. of Louisville J. of Fam. L. 239
20. AAP, AMERICAN ACADEMY OF PEDIATRICS Vol. 107 No. 6 June 2001, pp. 1459-1462 : Organized Sports for Children and Preadolescents. POLICY STATEMENT, Committee on Sports Medicine and Fitness and Committee on School Health A statement of reaffirmation for this policy was published on September 1, 2007. This policy is a revision of the policy posted on September 1, 1989.]
21. National Association for Sport and Physical Education. National Standards for Athletic Coaches: Quality Coaches, Quality Sports. Dubuque, IA: Kendall/Hunt Publishing Co; 1995:1-124]
22. Albany Government Law Review, Amanda Sherman, Staff Writer BY ROBERT MAGEE, FEBRUARY 23, 2009, Football Death Leads to Reckless Homicide Charges: Kentucky Embarks on Unprecedented Case,]

Source: http://www.cappaa.com/child-athlete-abuse-syndrome-%E2%80%9Ca-new-disease%E2%80%9D

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