Inalienable rights should be the law for all

Stopping School Violence One Teacher's Silent Scream

Sunday, November 18, 2018

Perjurer Answers to God

Editorial published in the AC Press..12/22/1998

There has been much talk lately about President Clinton and whether or not perjury was committed.  Debate t.v. is rampant with attorneys- defense and prosecutors- arguing their points. Polls state that the general public wants to move on and forgive, even if he did commit perjury. But forgiveness is a process, and in most relationships, it takes more than one for the forgiving  process to work.
Legally, perjury is defined as "an actor, in any official proceeding, while under oath or equivalent affirmation, making a false statement or swearing or affirming the truth of a statement previously made, when the statement was material and the actor did not believe it to be true." That is the legal definition.
But since our judicial system is rife with human error, someone can lie straight faced and  get away with it.
However, there is one source of justice that the actor must eventually face  One of the 10 Commandments states that we are not to bear false witness against our neighbor.  However, on judgment day, those who believe in a God of justice should be aware that you may have answer to Him if you haven't made amends.
The tricky part is, none of us know when that day will be. Maybe we all need to remember that today is not the first day of the rest of our lives but it may indeed also be the last. Those who protect and know the actor lied are responsible too.

Marian R. Carlino
12/22/1998.

Saturday, November 10, 2018

Mandated Reporting- CYS not CYA

Many are under the misguided information that only professionals are responsible for submitting reports on suspected child abuse.  Read state laws- are you over 18?

In 2005, after heading back into the workforce, I decided I wanted to work in child assault prevention so I started working with a child assault prevention program that worked in schools- public and private and in Catholic religious education programs.  I had heard about it because as a volunteer in the Catholic Church, I had to undergo background checks and training as a direct result of the clergy abuse scandal.  As a former public school teacher, I experienced  background checks.  I also, at the time in 2005, had just started working with a federally funded program for at risk youth at a local community college.  Employers do background checks.

The overall response to people going into schools to address the issue of child assault prevention was a mixed bag.  Some teachers were very welcoming and some just thought we were wasting the time he or she would have to teach.  Hey, as a former classroom and LRC teacher, I got it.  I was possessive of the time I had to teach as well,but I always shared "my kids" with others.  I didn't think that others didn't have information to offer.  Ask Andy, she shared my classroom as she came in as LRC teacher in 1996-97 and 1997-98.  I have thank you notes from her to prove it!

As a facilitator for NJCAP, I presented workshops (all memorized script) to adults and children.  I even presented to friends in their classrooms and in my former school district of Northfield, NJ. Like any bell curve event in life, some take the information to mind and heart, others ignore.

The bell curve of life-  some are at one extreme or the other at least once in awhile but most of the time, we straddle in the middle.

For over two years, I worked with NJCAP.  The underlying concept of the program started as a result of children reporting on rape.  A dedicated group of people got it started.  Most of us worked part time- per hour wages.  The administration were the only full time staff.

As workshop presenters we worked under the guidance of the area coordinator.  The one I worked under was a great presenter and knowledgeable.  The presentations were scripted but based on research and data.  The presentations were scripted and the answers to questions- scripted for the most part.  The presentations had to be uniform for various reasons.  I had no trouble with the script.

My coworkers  and I were willing to work part time.  Some were retired teachers, a retired probation officer, a retired nurse, a retired DYFS worker, one an aspiring actress and wife of a wealthy casino investor/operator, and one who needed a job- and a parent looking for part time work.  We all worked well together. Our coordinator had no formal education beyond high school.

After our presentations, we would go out into the hallway to review with any child who wanted to talk to us separately.  Most of the time, it was review.  But sometimes, reports had to be made because of disclosures.  Some warranted school personal being advised.  Others, also involved notifying the 800 child assault line. Again, there was protocol to follow.

NJCAP is funded and dependent on schools inviting the group in.  Schools are protective of their secrets so not all schools wanted a prevention/intervention program to enter its doors.  Parents could opt out if they did not want their children in the presentations.  Some teachers even could opt out.  Those teachers who opted out, one would wonder why?

In February 2008, a co-facilitator made a call to DYFS.  It was a good call.  But it became controversial when the person/offender of interest took offense.  NJCAP broke their own protocol with speaking with the person on a phone.  At the school, on another visit, we were put on a limited lock down.  The irate person wanted to come and talk to the reporters.

At the end of that day, I told our coordinator that the administration of NJCAP had broken protocol.
They must have discussed our conversation.  The coordinator told me that day that a policy to get permission to report was going to be instituted.  I told her to read the law and if I thought I had a report, I would go outside the school building and report.

The next day, a new policy was instituted.  ( before and must were underlined by the coordinator who sent it out)
February 2008
"It shall be the policy of the Atlantic/Cape May Project that before  any facilitator makes a report to DYFS or the local prosecutor, he/she must contact  (insert name of coordinator), County Coordinator.
If the Coordinator is not available, the facilitator will contact NJCAP Regional Training Center at (insert phone number of center).
Failure to comply with this policy will result in dismissal and decertification of said facilitator."

(Please note: Prosecutor's office is called when the accused is an employee of the district or diocese.)

Once the new policy came out, I asked if they read the statute on mandated reporters.  I took myself off the active roster until they received an attorney review.  The administrators would not do one and told me - "they thought I had been easy to work with" (until then) but could not afford an attorney review.  Their mistake.  My fellow facilitators were absolute cowards in this.  They did not like the new policy but followed it,putting themselves and the abused children at risk.

I contacted the prosecutors office and the diocesan offices.  I have the letters.  The administrators of NJCAP refused to get a legal perspective , but the prosecutors office and the Camden Diocesan office were concerned.

The Atlantic county prosecutor contacted me in writing and forwarded my concerns to the Camden Diocese.  Eventually, NJCAP had to modify the new policy.

On March 10, 2008 a update policy was given to facilitators:
It noted NJ State Law (N.J.S.A 9:6-8.10) requires "Any person having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse shall report the same immediately to the Division of Youth and Family Services by telephone at 1-800-830-9234" l 1971, c. 437, s 3; amended by L.1987, c.341, c4

"It shall be the policy of NJCAP that a CAP facilitator, upon hearing a disclosure which rising to the level of abuse, shall immediately  report the incident to DYFS/Prosecutor's Office. The report will be made in conjunction with the school contact person so that DYFS will be able to obtain personal information on and ongoing support for the student.

If the CAP facilitator would like to confer with the CAP County Coordinator he/she may do so as along as this does not interfere with the immediacy of the report or the direct reporting by the person who received the initial disclosure.

If the coordinator is not available, the facilitator may contact NJ CAP Regional Training Center at (insert phone number here).

After the call has been made to DYFA/Prosecutor's Office, the CAP facilitator must inform the CAP County Coordinator of the report if this has not already been done and so ensure that the Coordinator may respond to any DYFS or school inquiries on the case." (IMMEDIATELY WAS IN BOLD PRINT- I PUT IT IN RED SO TO DRAW IT TO THE READER'S ATTENTION AS I HAVE BOLDED THE NEW POLICIES.)

JUST LIKE THE ADMINISTRATORS IN SCHOOLS, THE CATHOLIC CHURCH AND OTHER ORGANIZATIONS, THE COORDINATOR TRIED TO BLAME THE REPORTERS (I WAS NOT THE REPORTER ON THIS ONE BUT SUPPORTED THE REPORTER).  THE COORDINATOR WAS AFRAID OF NJCAP'S REPUTATION BEING SULLIED BY TOO MANY REPORTS AS HER EMAIL TO ME STATED AFTER A FACILITATORS MEETING ON THE ISSUE AT HER HOUSE.

On April 14, 2008, I received a thank you letter from the Camden Catholic Diocese Director of Safe Environment for Children, Youth and Adults.  He said the modified policy is well done and he said he appreciated my concerns regarding this.

I live in another state and city now, but before I moved from south Jersey, I ran into the Coordinator as her role continued with NJCAP. I did her a favor at that time in 2008.
Not long after that, people who worked for DYFS were going to trial for not doing their jobs in saving the lives of children.

Are you a mandated reporter?  Find out.  Years ago in schools it also used to be policy for a teacher to have to report to the principal first.   Thank goodness that policy is no longer in effect- it wasn't even in effect in 2008.

Reporters are not investigators- that  is the job of the police, DYFS or whatever the agency in your state is called.  You may know it by CYS.. it is not called - CYA.

NJCAP continues to work in the schools.  It is needed and is an international organization.  I never asked for the "head of the coordinator", I asked for a change in policy.  Reasonable heads prevailed.  And I could look my former co-workers in the eye with honesty.  I received thank you notes and words of thanks from them too.

Are you an advocate for children?    You don't need a classroom to teach.

Marian R. Carlino
November 10, 2018