LAWS

• Our child "protection" laws have instigated and invited scores of anonymous and unfounded reports of abuse to be made.
• Are these laws really protecting our children?
• Or, are they simply political child abuse?

You be the judge!

Below you can read about:

• The Mondale Act
• He said... She SAID
• Megan's Law

Mondale Act:

It is known as the Mondale Act of 1974 (P.L. 93-247) or the Child Abuse Prevention and Treatment Act (CAPTA).

A well-meaning, well-intentioned law, it was implemented to stop a bona fide problem -- child abuse. But, the problem has created a monster!

Until the fruition of CAPTA, child abuse was rarely reported and often concealed.

The Intent

Congress' intent was to provide incentives to the states if they would set up programs targeting child protection research, identification, prosecution and treatment regimens.

Once the states complied with the provisions outlined under CAPTA, NCCAN allocated matching monies to these same states.

The Result

Unwittingly, child abuse complaints, which must be investigated by state welfare agencies, now became huge fundraisers.

In Florida, one can call anonymously, without the fear of a perjurious penalty, to 1-800-96-ABUSE. It's justifiable Dialing for Dollars!

CAPTA Provided For:

The establishment of the National Clearinghouse for Child Abuse and Neglect (NCCAN). The NCCAN is:

1. a primary federal agency with responsibility assisting states with child abuse prevention, treatment and resources.

   located within the Department of Health and Human Services, Administration for Children and Families. responsible for allocating child abuse funding appropriated by Congress and coordinating child abuse activities.

   responsible for disseminating Child Maltreatment: Reports from the States to the National Center for Child Abuse and Neglect Data System on a yearly basis. To receive a complimentary copy call 1-800-FYI-3366.

2. The creation of "mandated" reporting of child abuse and neglect by social workers, police officers, teachers, doctors, etc.

   These so-called experts had to report suspected abuse. Failure to do so resulted in criminal punishment and license suspension of the professional in question.

3. A vague and ambiguous definition of child abuse . . . one left to the subjective discretion of the caller and "investigator".

4. The creation of anonymous tipster hotlines and abuse registries.

   These registries, or computer database storage centers, hold accused's records for several years -- guilty or not, criminally charged or not.

5. Sovereign and absolute immunity under the 11th Constitutional Amendment for mandated reporters, who reported child abuse in "good faith."

CAPTA has been revisited many times by Congress with minor amendments. President Clinton re-authorized CAPTA in the Fall of 1996.

Doing so will not protect children-at-risk, or families from false accusations.

He said... She said...

Experts state that CAPTA is only one reason for the explosion in child abuse and neglect reports over the past 20 years -- 2/3 of these reports being unfounded or false.

There is another reason. Voluminous numbers of scientific studies depicting a clear correlation between young children, suggestibility, play therapies and the rise in false sexual child abuse charges. Too often, young children become pawns in a nasty divorce, custody battle or visitation dispute between parents.

Dean Tong paraphrases Blush and Ross' all important SAID syndrome in his books. Coined the "ultimate weapon" or the "atomic bomb" of divorce, the poisoning of the mindset of a child into thinking he or she has been exploited is easy.

Yet the mere whisper of abuse, divorce situation or not, and the accused, usually the father, is a goner. The child, tainted via anatomically exaggerated dolls, art therapies and PAS, grows up to be an adult "survivor" and may foster "repressed" memory accusations later on in life.

Megan's Law - A Double-Edged Sword

After seven-year-old Megan Kanka was ruthlessly raped and killed in the summer of 1994, a public community notification law was created. Megan's Law (P.L. 104-105, 42 USC 13701) requires deviant sex offenders to register with the local authorities. If the offender met "Third Tier" or heinous classification, his information and photo would be made public.

Problems with Megan's Law:

1. Like the Mondale Act, Megan's Law subsists on federal dollars. States not in compliance lose grant monies.

2. It does not provide checks and balances for those who cannot afford to litigate false accusations and must plead "nolo contendre," no contest or take an Alford Plea.

   All criminally adjudicated guilty child sex offenders fall under Megan's Law.

3. It has forced the true molester underground where he can be much more dangerous.

4. It is unconstitutional, in that it provides no due process, no right to appeal and punishes one for the same crime, twice -- basically double jeopardy.

5. It serves to only protect kids in a limited area where the sex offender resides. Thus, a molester can travel 20 miles down the road and re-molest.

6. It has provided for CD-ROM databases (e.g. California) whereby false information is circulating on some 64,000 child "molesters."

7. Megan's Law has instigated "other" child abuse cure-alls to emanate. Chemical Castration is now an acceptable practice under the law in California, Georgia and Florida. For more information on Megan's Law click here

Suggestibility and the Law:

Although New Jersey is the only state in America that allows formal "taint hearings" at pre-trial, Pennsylvania is knocking on New Jersey's door as it now allows pre-trial "competency" hearings. To download PDF document CLICK HERE