I wrote two pieces in September’s issue of OC Family.
CASA’s volunteers make a difference in the lives of Orange County’s foster children and
TWO LOCAL NON-PROFITS HELP KIDS IN THE FOSTER SYSTEM
It’s nice to write about good news for a change.
Category: boy scouts
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Bar date set for St. Paul/Minneapolis abuse victims
A federal bankruptcy judge has set an August 3 deadline for victims of child sexual abuse in the Archdiocese of Minneapolis/St. Paul.
Archbishop to public: Let’s just get this over with, okay? The deadline, called a BAR DATE, is the final day and men and women abused as children can file claims against the Archdiocese to expose their abuser and get justice and accountability.
The Archdiocese filed for bankruptcy protection earlier this year, after approximately 140 men and women came forward to file sex abuse and cover-up lawsuits under Minnesota’s civil window. The civil window, enacted in 2013, allows victims of child sexual abuse to use the civil courts for justice, no matter when the abuse occurred.
Since the civil window opened, the Archdiocese has been pounded in the media and by victims for covering up child sex abuse. The pounding was well-justified.
From MPR news:
For decades, leaders of the Archdiocese of St. Paul and Minneapolis have been reassigning, excusing and overlooking sexually abusive priests among their ranks. Some received additional retirement benefits. In August, a top church lawyer, shocked at what she saw, brought the story to MPR News. What happened next is still unfolding.
An important note: The Archdiocese bankruptcy and bar date deadline do NOT affect victims of other entities in Minnesota. So, for example: Victims from Shattuck/St. Mary’s, other dioceses in Minnesota, religious orders, churches, or other private entities have until May 2016 to come forward.
For more information about the bar date, click here or here.
I am not an attorney and do not have the authority to dispense legal advice. But let me say this: if you are considering filing a claim in the bankruptcy, talk to an attorney who is familiar with the process. Be sure that your rights are protected.
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Ask a Question Friday: Reporting and Institutions
This week’s question, two days late.
Joelle, how do scandals in places like Penn State and the Catholic Church start? I mean, these aren’t bad people in these institutions, right? Will new policies by these organizations and others make sure that men and women who abuse children are reported and stopped, instead of protected?
This is a complicated question that I will try to answer as simply as possible. We love our institutions. We love them so much that, sometimes, very good people do bad things in order to protect the reputation of the institution. It’s easy to think, “Gosh, the church/scouts/school promised to take care of us. They would never do something to intentionally hurt a child.”
But unfortunately, they do. Institutions are only as good as the people in them. Good people should stand up for principles, morality, and child safety, even if it means that they risk their job, the reputation of the institution, or community opinion. But as we’ve seen, it’s not always the case.
In places like Penn State and the Catholic Church, people who saw, suspected or learned about abuse didn’t do the one important thing that could have stopped the cycle: Call the police. Yes, there are cases where the police were notified, but in many of these, investigations were stonewalled by employees and polices that kept very important evidence out of the hands of cops and prosecutors.
I don’t have a lot of faith that new policies in these institutions will make real change. Policies don’t change how institutions operate. People do. It’s the culture of the institution that ensures openness, safety, transparency and accountability. Culture is created by people from the top down and the bottom up. The importance of culture goes beyond child sexual abuse—large corporations deal with the problems of culture all of the time. When the culture begins to go sour (Enron, anyone?), all of the policies of the world won’t change it. Only real culture change within the organizations will do that. Only PEOPLE can do that.
If you don’t see real cultural change in an institution that has protected child predators in the past, then chances are that all of the policies and rules in the world aren’t going to make a lick of difference.
I hate to be somewhat of a downer on the subject, but there is an upside: YOU can create the culture of an institution. In the case of child sexual abuse, it’s a simple as this: if you see, suspect, or hear about child sexual abuse, report to LAW ENFORCEMENT first, then inform upper management, if you feel comfortable doing so. If you have questions about your suspicions, call the ChildHelp National Child Abuse Hotline at 1-800-4-A-CHILD. Your identity will remain confidential.
If you saw a co-worker punching an innocent bystander in the face, you’d call the cops, right? If a co-worker came to you bloodied and bruised, and told you that another co-worker had violently attacked him, you’d call the cops, right? If you had real fear that co-worker was violent and was going to hurt someone, you’d report right? Child sex abuse is no different. Let’s quit pretending it is.
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T-minus 2 for SB 131
As of this writing, there is no new new news on SB 131. California Governor Jerry Brown has until Sunday to sign the bill, veto it, or do nothing. If he signs the bill or does nothing, SB 131 will become law on January 1, 2014
Let’s keep our fingers crossed for victims—all victims. Why? Because ALL victims will benefit if SB 131 becomes law.
According to Brown’s website, here is the status of many of the bills that have crossed his desk:
• AB 218 by Assemblymember Roger Dickinson (D-Sacramento) – Employment applications: criminal history.
• AB 256 by Assemblymember Cristina Garcia (D-Bell Gardens) – Pupils: grounds for suspension and expulsion: bullying.
• AB 389 by Assemblymember Das G. Williams (D-Santa Barbara) – Private schools: employees: criminal background checks.
• AB 514 by Assemblymember Rob Bonta (D-Alameda) – The Safe Schools for Safe Learning Act of 2013.
• AB 547 by Assemblymember Rudy Salas (D-Bakersfield) – 21st Century High School After School Safety and Enrichment for Teens program.
• AB 595 by Assemblymember Jimmy Gomez (D-Northeast Los Angeles) – Community colleges: priority enrollment.
• AB 610 by Assemblymember Katcho Achadjian (R-San Luis Obispo) – State hospitals: involuntary treatment.
• AB 626 by Assemblymember Nancy Skinner (D-Berkeley) – School nutrition.
• AB 635 by Assemblymember Tom Ammiano (D-San Francisco) – Drug overdose treatment: liability.
• AB 647 by Assemblymember Wesley Chesbro (D-Arcata) – The Alcoholic Beverage Control Act: beer manufacturers: containers.
• AB 753 by Assemblymember Bonnie Lowenthal (D-Long Beach) – Cognitively impaired adults: caregiver resource centers.
• AB 899 by Assemblymember Shirley N. Weber (D-San Diego) – Academic content standards: English language development standards.
• AB 955 by Assemblymember Das G. Williams (D-Santa Barbara) – Community colleges: intersession extension programs. A signing message can be found here.
• AB 974 by Assemblymember Isadore Hall III (D-Compton) – Patient transfer: nonmedical reasons: notice to contact person or next of kin.
• AB 1025 by Assemblymember Cristina Garcia (D-Bell Gardens) – Public postsecondary education: credit by examination.
• AB 1068 by Assemblymember Richard H. Bloom (D-Santa Monica) – Pupil records.
• AB 1358 by Assemblymember Paul Fong (D-Cupertino) – Student body association: student representation fees.
• SB 168 by William W. Monning (D-Carmel) – Farm labor contractors: successors: wages and penalties.
• SB 236 by Senator Fran Pavley (D-Agoura Hills) – School districts: four-day school week: Moorpark Unified School District.
• SB 368 by Senator Fran Pavley (D-Agoura Hills) – Teachers: added authorization in special education.
• SB 390 by Senator Roderick D. Wright (D-Los Angeles) – Employee wage withholdings: failure to remit.
• SB 435 by Senator Alex Padilla (D-Pacoima) – Compensation: meal and rest or recovery periods.
• SB 440 by Senator Alex Padilla (D-Pacoima) – Public postsecondary education: Student Transfer Achievement Reform Act.
• SB 530 by Senator Roderick D. Wright (D-Los Angeles) – Criminal offenders: rehabilitation.
• SB 534 by Senator Ed Hernandez (D-West Covina) – Health and care facilities.
• SB 590 by Senator Kevin De León (D-Los Angeles) – School personnel: professional development for classified school employees.
• SB 651 by Senator Fran Pavley (D-Agoura Hills) – Developmental centers and state hospitals.
• SB 669 by Senator Bob Huff (R-Diamond Bar) – Emergency medical care: epinephrine auto-injectors.
• SB 681 by Senator Ed Hernandez (D-West Covina) – Community college districts: personal property.Governor Brown also announced that he has vetoed the following bills.
• AB 300 by Assemblymember Henry T. Perea (D-Fresno) – Telecommunications: prepaid mobile telephony services: state surcharge and fees: local charges collection. A veto message can be foundhere.
• AB 375 by Assemblymember Joan Buchanan (D-Alamo) – School employees: dismissal or suspension: hearing. A veto message can be found here.
• AB 622 by Assemblymember Nora Campos (D-San Jose) – School districts: charter school petitions: Internet posting. A veto message can be found here.
• AB 704 by Assemblymember Robert Blumenfield (D-Woodland Hills) – Emergency medical services: military experience. A veto message can be found here.
• AB 1287 by Assemblymember Sharon Quirk-Silva (D-Fullerton) – Student financial aid: Cal Grant Program eligibility. A veto message can be found here.
• AB 1409 by Assemblymember Steven Bradford (D-Gardena) – Public utilities: voice communications: Moore Universal Telephone Service Act. A veto message can be found here.
• SB 284 by Senator Kevin De León (D-Los Angeles) – Income taxes: credits: contributions to education funds. A veto message can be found here.
• SB 285 by Senator Kevin De León (D-Los Angeles) – Student financial aid: Cal Grant Program. A veto message can be found here.
• SB 398 by Senator Cathleen Galgiani (D-Stockton) – Horse racing: distribution of proceeds. A veto message can be found here.
• SB 655 by Senator Roderick D. Wright (D-Los Angeles) – Fair Employment and Housing Act: unlawful practices. A veto message can be found here.
• SB 723 by Senator Lou Correa (D-Santa Ana) – Veterans. A veto message can be found here. -
So … what’s going on with SB 131?
Here is the latest on SB 131:
- Governor Brown has until October 13 (a previous blog post said October 10) to sign the bill, veto the bill, or do nothing.
- If he signs the bill or does nothing, SB 131 becomes law. As written, the law would go into effect on January 1, 2014.
- If Brown vetoes the bill, SB 131 is dead.
What is the difference between signing the bill and doing nothing? Think of the bill like it’s your 40th birthday. Signing the bill is throwing yourself a 40th birthday party. You invite all of your friends, laugh, take photos and have a great time. If you do nothing, you turn 40 anyway. Quietly. Hoping that no one notices.
A veto is another story. In that case, the bill is dead and victims lose the right to use the civil court system for justice.
There is still time to write Brown and tell him to support SB 131. Click here to write him right now, and tell all of your friends.
I know that there are survivors across California carefully watching this bill and wondering what their next steps are. If you have questions, leave them in the comments or email me directly. A good therapist is a great start. So is talking to other survivors who have been through the process.