LET ME CLARIFY PREVIOUS BLOG REGARDING CHILD SEX ABUSE BILL

This is somewhat confusing (at least to me).  HB 29 would make all entities which are responsible in any way at all for sexual abuse (like, for instance, the Diocese Of Wilmington, or an employer, etc. etc.), are liable to be sued for such abuse.

The problem is, that as the law stands now, ALL ENTITIES ARE NOT INCLUDED.  Guess which entity is NOT included?  That’s right, as the law states now, THE STATE ITSELF CANNOT BE HELD RESPONSIBLE AS OTHERS ARE.  Just like the STATE GOVERNMENT IS NOT A PUBLIC BODY under law, so also, THE STATE CANNOT BE HELD RESPONSIBLE FOR IT’S EMPLOYEES WHO ARE GUILTY OF SEX ABUSE.  Once again, the State Legislature has exonerated itself from any blame….not matter how guilty they may be.

So; State Rep. Greg Lavelle introduced HB 342, which makes the already-passed House Bill 29 APPLICABLE TO THE STATE GOVERNMENT.   In other words, once again the State has taken itself out of the picture as far as being responsible for any misdeeds; even serious misdeeds like child sex abuse.

This is especially important RIGHT NOW, given the recent allegation that a school principal (Dana Goodman of Sussex Central High School), is “accused” for having been sexually abusing a teenage student for a long period of time. 

RIGHT NOW THE LAW SAYS THE STATE HAS NO CULPABILITY IN THIS MATTER, EVEN IF MR. GOODMAN WERE TO BE FOUND GUILTY.

State Rep. Greg Lavelle’s bill HB 342 would change that. 

SO, THE WAY YOU GET TO PATICIPATE IS TO CALL, WRITE, OR EMAIL YOUR STATE SENATOR AND URGE (NO, NOT URGE, MAKE HIM OR HER THEM VOTE FOR BILL 342 WHICH MAKES HB 29 INCLUDE THE STATE GOVERNMENT AS BEING HELD RESPONSIBLE FOR ANY NEGLECT THEY MAY HAVE COMMITTED IN THE MATTER OF A STATE EMPLOYEE SEXUALLY ABUSING CHILDREN…..

THIS IS IMPORTANT, FOLKS….IT TIME TO TAKE REAL ACTION.  After all, if this concept catches on, we may actually get to force the State Legislature to accepting the reakity that it too is a PUBLIC BODY . A bill introduced by State Senator Karen Peterson would make it a law that the State Legislature would admit to being a Public Body, and therefore, be just as OPENLY responsible as all other public bodies are….CONTACT YOUR STATE SENATORS ABOUT BOTH THOSE BILLS:  Peterson’s bill on open government and Greg Lavelle’s bills 29 and 342…..ALL POLITICS IS LOCAL

 School

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4 Responses to “LET ME CLARIFY PREVIOUS BLOG REGARDING CHILD SEX ABUSE BILL”

  1. liz allen Says:

    You are absolutely on time with this article. Gerry, the truth is that even Lavelle’s bill does not specify what groups are to be included: how about juvenile detention centers, foster care homes, community group homes for the developmentally challenged. The State of Delaware “contracts with private providers” currently, these contracts stipulate the “private provider are responsible for clients in their charge”. In reality, the State believes it can contract away its duty to protect the client and puts the onus on the private provider. (This is how they get away with horrendous neglect).

    Its the same with folks housed at the DPC? When sexual abuse, neglect, beatings, etc are committed against a vulnerable person in the state’s facilities, if the AG does not change the law as now interpreted, nothing and no one will ever be charged. When Jane Brady was the AG, under her reign, her deputy attorney Ann Wolfolk was given the responsibility of examing the federal HIPPA laws…and how those “privacy laws” affect consumers, or clients in the states charge or in the privately contracted provider facilities. Under the AG’s interpretation, they have carte blanch to “hide” the documentation that would deliver the name of the person or persons “who dun it” or who was responsible for the lack of oversight.

    We know for a fact that DHSS operates on the “interpretation” of Ann Wolfolk, which protects the state and its agencies from civil lawsuits.
    Those parents who obtained Legal guardianship of their adult children and in effect act with legal authority on behalf of their child”, are refused–those documents, and the evidence with which they could file a civil lawsuit. These are violations of the Court of Chancery!

    So the AG’s current policy must be revised and interpreted the way the federal law provided. Federal policy did not mean for the States to keep the evidence…prevent the evidence from coming forward. This is why I refer to the State of Delaware as “sanctioning abuse and neglect”. I brought this to the attention of AG Beau Biden, and asked him to please have Richard Geblien, (his deputy AG) to review, and change the current JANE BRADY PROTECT THE STATE AT ALL COST, interpretations.

    We shall see if Biden follows through on his word to me on the John Watson show this week. I am going to give him 30 days to review and if I hear nothing more I shall again bring this issue to the attention of the public, and continue to fight for the “patients right to a civil suit”, against his/her abusers, no matter what state facility they reside….schools and private facilities under contract by the State. The State of Delaware cannot “contract away” its duties and responsibility under the law.

  2. liz allen Says:

    oh…and this is the prime example of why we need an Inspector General who has the authority to investigate and have a finding of fact. The AG’s office is conflicted…its duty is to protect the state…not protect the public.

  3. anon Says:

    The current bill before the legislature is flawed. If you watch “adult” porn on line (which I have never done), and you go on a website where there maybe young teenagers who look older, but are actually younger than 16….you can be pulled in for watching “child Porn”. If the young Biden is so concerned with child porn, why are they not closing down the websites…its entrapment…and there currently is a case right now where that has happened. Time to put that bill on hold, until some real questions of entrapment are answered.

  4. anon Says:

    Gerry: Lavele’s bill falls short too…it does not include the “contractors’ the state contracts with…see the State has thought for decades, that if they contracted away “their duties under the law” to private contractors….they would be immune. Laveles bill does not include ‘ALL THOSE HUNDREDS OF PRIVATE CONTRACTORS” HIRE BY THE STATE…thats all the community group homes, detention facilities and other facilities for vulnerable people…who signed contracts with the State.

    So if abuse occurs, the State says, ‘oh we have a contract with that provider” they are a private entity (a corporation) and they have the right to protect themselves from lawsuits….the STATE ITS AGENCIES AND THIS LEGISLATURE ARE STILL SANCTIONING ABUSE…only the dumbed down, uninformed dont’ realize how clever all these legislators are….its sickening.

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