Child Injury Laws - By Jonathan Rosenfeld

Under the terms of a settlement related to a sexual abuse lawsuit, the Catholic Archdiocese of Chicago has agreed to pay $3.2 million to a young man who was sexually abused by a former priest at a well known church in the city.  In 2007, the young man filed the civil lawsuit against admitted child molester Daniel McCormack, the Archdiocese and Cardinal Frances George for their respective roles in the sexual abuse of the boy over a period of several years.

In addition to this lawsuit, similar cases have been filed against defrocked priest McCormack and the Chicago Archdiocese by young men who were abused during McCormack's tenure at St. Agatha Parish and Our Lady of the Westside School.  The crux of these lawsuits is that the church failed to end the cycle of abusive conduct once allegations of the conduct had been brought to the church's attention.

According to news reports in the Chicago Sun Times, the resolution of this case is the fifth and final civil claim bought by a young man also involved in the ancillary criminal matters involving McCormack.

Even with the sizable settlement, I am sure that this young person faces a lifetime of recovery from both the event itself as well as the obvious trauma he has experienced during the course of this litigation.  Similar to a person who has sustained a serious physical injury, the young men involved in this incident will likely need counseling for the extended future.

As a lawyer who has represented victims of sexual abuse, I hope the publicity that has accompanied both the Chicago Archdiocese sexual abuse as well as similar sexual abuse claims involving boys at Penn State brings more attention to this type of abuse.  Tragically, most episodes of sexual abuse that occurs behind the doors of institutions never gets prosecuted and many victims suffer a lifetime of emotional torment without receiving the care that they greatly need and deserve.

Related Child Injury Laws materials:

Vatican Named In Recently Filed Lawsuit Involving Childhood Sexual Abuse In Chicago Church

New Sex Abuse Lawsuit Alleges Church Failed To Act After Learning Of Priest's Deviant Past

Parish Held Responsible In Lawsuit Involving Sexual Abuse By Priest

Despite The Recent Publicity, Children Continue To Remain Susceptible To Abuse From Clergy

Another sexual abuse lawsuit has been filed in Chicago on behalf of a teenage boy who was sexually abused by a priest over the course of several years at St. Agatha Catholic Church on the cities West Side. 

In addition to alleging that the boy was abused by admitted sex offender Daniel McCormack, the lawsuit places blame on the Archdiocese of Chicago for allowing McCormack to remain at the church--- and in direct contact with children--- after similar allegations of sex abuse had surfaced.

In a widely publicized hearing in 2007, Daniel McCormack pleaded guilty to sexually abusing boys at the church were he was a leader.  McCormack was then sentenced to five years in prison.  After serving 2 1/2 years of his sentence, McCormack has been removed to a state mental health facility.

A legal duty to protect parishioners

If indeed the Archdiocese of Chicago had knowledge of Father McCormack's deviant acts and allowed him to remain in at the church, it certainly seems as though they bear significant responsibility for the devastation they have subjected this young person to. 

As with all sexual abuse cases involving institutional abuse, once the organization has actual or constructive knowledge that their employee or representative is acting inappropriately they must timely respond to the situation.  Regardless of your religious affiliation, any organization that permits an alleged sexual deviant to remain in place and cause further destruction-- certainly should be held responsible to the fullest extent of the law.

Related:

Another lawsuit accuses former priest of sex abuse, Chicago Tribune, August 25, 2011 by Erin Meyer

Most Of Chicago's Roman Catholic Parishes Have Had A Priest Accused Sexual Abuse Working At The Parish

Vatican Named In Recently Filed Lawsuit Involving Childhood Sexual Abuse In Chicago Church

Parish Held Responsible In Lawsuit Involving Sexual Abuse By Priest

In many situations, a child may be unable or unwilling to report their own abuse or neglect.  Therefore, it is important that the network of adults in a child’s life are vigilant advocates, giving abused children a voice.  A child may not report abuse because they cannot talk, do not understand what is happening, are afraid, or have no one to talk to. 

That is why there are mandated reporters, people and professions who have a legal requirement to report child abuse or neglect to the State.  Many times, these people are in the best position to recognize signs of possible abuse (325 ILCS 5/4; 720 ILCS 5/11-20.2). 

Mandated reporters of child abuse include:

• Doctors
• Nurses
• Teachers
• Social workers
• Psychologists
• Police officers
• Members of the clergy
• Child care personnel. 

If a mandated reporter fails to report suspected abuse, they can face disciplinary action (325 ILCS 5/4). 

These are not the only people who should report child abuse or neglect.  Anyone who even suspects child abuse or neglect should call the Child Abuse Hotline at (800) 25-ABUSE or 1-800-252-2873 or (217)524-2606 if calling from outside Illinois. 

In Illinois, about two-thirds of calls come from mandated reporters.  If a hot-line worker determines that the report qualifies as child abuse/neglect, it is reported to the Department of Children and Family Services (DCFS), where a social worker opens an investigation within 24 hours.  If the investigator determines that the report was made in good faith or the reported abuse did occur, a formal investigation is opened.  In 2008, Illinois had 111,890 reports of child abuse/neglect, and 30,047 indicated/confirmed cases.

During the investigation, the child can be placed in protective custody if the investigator determines that they are at imminent risk.  The investigator makes a decision on the case within 60 days (unfounded or confirmed).  In Illinois, over a quarter of all cases are confirmed.  DCFS must report the case to local law enforcement if it involves a serious allegation (death, sexual abuse, torture, internal injuries, and head injuries, among others. 

A person who is accused of child abuse/neglect (the perpetrator) can appeal of the indicated finding in the DCFS’ Administrative Hearing Unit.  The Administrative Law Judge (ALJ) makes a recommendation to the Director of DCFS, who then issues a final decision.  If the appeal is denied, the perpetrator can appeal in circuit court.    

Child Injuries v. Child Abuse

Children are active and adventurous and their activities can lead to accidental injuries.  Common accidental injuries include: broken bones from falls, choking, and sickness from ingesting toxic substances.  However, children can also suffer injuries from abuse and neglect.  Therefore, it is important to learn the signs of abuse so you can report it.

Child care facilities must take precautions to ensure that the physical property is free of hazards in order to prevent dangerous falls and accidents.  This includes proper radiator covers, no loose electrical cords, picking up toys and keeping the play area clean, wiping up spills, keeping walkways clear, storing cleaning products and toxic substances out of the reach of children.  Even a caregiver’s purse can pose a risk to young children, keys and makeup can be choking hazards, medicine can be lethal for a small child. 

Illness and disease is another factor to consider with child care settings.  Children do not appreciate or understand germs.  They chew on toys, put things in their mouths, and share toys.  Caretakers must ensure that children only play with toys suitable for their age group, inspect toys for deterioration or loose parts, and clean toys and surfaces regularly.  

Related Child Injury Law Blog Entries:

Toddler Receives Burns In Daycare Due To Caregiver's Poor Judgment

Foster Care System Failing To Protect Those Who Need It The Most

Despite The Recent Publicity, Children Continue To Remain Susceptible To Abuse From Clergy

It is not uncommon for children to have scrapes and bruises from learning to walk or playing games.  But, many common injuries can also be caused by abuse or neglect.  There is no one injury that makes it obvious that abuse is occurring.  Instead, it is often the regularity of injuries or location or grouping of injuries that are indicators of abuse. 

Indicators of child abuse include situations where the child:

• Has bruises, broken bones, burns, or black eyes that they cannot explain
• Has injuries that are healing after they have missed school or child care
• Seem unwilling to go home or is afraid of parents/caretakers
• Recoils at the touch of a parent/caretaker
• Reports a suspicious injury/scenario

A parent or caretaker can also display indicators of abuse.  These include:

• Offering unconvincing or conflicting explanations for a child’s injuries
• Describing the child in overly negative terms
• Disciplining the child in a harsh manner
• Having a history of abuse

Signs of Sexual Abuse:

Sexual abuse is difficult because in some situations, such as fondling, there is no physical evidence.  In these situations, it is even more important that adults in the child’s life, especially mandated reporters, look for a child’s behavioral changes.  The child’s testimony is one of the most important factors in these cases because childhood sexual abuse is conducted in private.

Children may display the following signs if they were the victim of sexual abuse:

• Sudden refusal to participate in physical activity
• Difficulty walking or sitting
• Demonstrates unusual or sophisticated sexual behavior or knowledge
• Sudden change in appetite
• Contracts an STD
• Becomes pregnant
• Runs away from home
• Reports sexual abuse

Parents or adult caregivers who are sexual perpetrators may exhibit the following signs:

• Unusually protective of the child
• Limit the child’s interaction with other people
• Jealous or controlling with family members
• Secretive and isolated

Signs of Neglect:

For children, signs of neglect include:

• Recurrent school absences
• Appearance is dirty or has severe body odor
• Lacks necessary medical or dental care
• Begs/ steals money for food
• Lack of appropriate clothing
• Abuses drugs and alcohol
• Reports that they are not receiving adequate care

Signs that a parent or caregiver may be neglecting a child include:

• Indifference to the child
• Is apathetic/depressed
• Irrational behavior
• Alcohol or drug abuse

Signs of Emotional Abuse:

It is difficult to determine if a child is being emotionally abused, but you can look for the following sings:

• Extremes in behavior (overly demanding, aggressive, compliant, or passive)
• Overly mature or overly childish
• Delays in physical/emotional development
• Has attempted suicide
• Reports a lack of attachment to parent/caretaker

Signs that a parent/caretaker is emotionally abusive:

• Overly cold and unconcerned about child
• Belittles / berates / blames child consistently
• Openly rejects the child

Impact of Child Abuse

Child abuse / neglect can have serious and long-lasting impacts on the child’s physical, mental, and behavioral well-being.  The effects depend on the circumstances of the abuse/neglect including: the child’s age, type of abuse, frequency/duration/severity of abuse, and relationship of perpetrator and child.  The type of treatment that the child receives after the abuse/neglect can also have a serious impact. 

There are direct and indirect social costs associated with child abuse and neglect.  These costs include costs associated with child welfare, investigations, and costs associated with subsequent criminal activity, substance abuse, domestic violence, and mental illness. 

Physical health consequences of abuse/neglect are injuries (bruises, cuts, broken bones, brain injuries, death, recurring health complications, and poor development.  Behavioral consequences include teen delinquency and pregnancy, poor academic performance, drug use, alcohol and drug abuse, and subsequent abusive behavior.  Mental consequences include emotional effects, low self-esteem, depression, withdrawal, cognitive difficulties, and social problems.

When choosing a child care facility, it is important to make a list of priority features and thoroughly investigate prospective facilities.  And, almost as important is to keep up with your child’s care, visiting the facility and keeping an open dialogue with the caretakers. 

As a parent, you want to surround your child with a network of adults who have your child’s best interest in mind.  Public awareness, education, and prevention are the best tools in preventing child abuse and neglect.  If your child has suffered injury, abuse, or even death, while under the care of a caretaker, you may be entitled to compensation and at the least, hold that person responsible.

Sources:

ChildCare.gov

Child Welfare Information Gateway

U.S. Department of Health and Human Services: Administration for Children & Families

DHHS: Child Care Development Fund (CCDF)

DHHS: Temporary Assistance for Needy Families (TANF)

DHHS: Child Welfare Information Gateway

Injury Prevention Policy: Child Care Safety

National Resource Center for Health and Safety in Child Care and Early Education
National Association of Child Care Resources & Referral Agencies

About.com: Child Care
Illinois Department of Children and Family Services: Day Care & Early Childhood

Illinois Early Learning Project: How Do I Start a Child Care Center in Illinois?

Illinois State Requirements: Daycare

Child Care Aware

National Child Care Information and Technical Assistance Center (NCCIC): Child care options

Nursing Home Abuse Blog: Trust Your Instinct When Placing a Child in Daycare with Potential Hazards

Nursing Home Abuse Blog: Children in Day Care Are Susceptible to Many of the Same Problems Our Elderly Nursing Home Patients Encounter

American Academy of Pediatrics: Caring for Our Children: National Health and Safety Performance Standards: Guidelines for Out-of-Home Child Care Programs, 2^nd edition

Rosenfeld Injury Lawyers: Day Care Injuries

In most jurisdictions an employer is responsible for the acts of their agent.  Consequently, when an employee or agent commits a wrongful act and a person is injured, the employer is generally named as a party in the lawsuit.  Yet in other circumstances, the employer may be named in a lawsuit where their agent apparently acted negligently, because they acted negligently in training or supervising their agent.

Albeit in an unusual corporate dynamic-- the Catholic Church-- a recently filed sexual abuse lawsuit attempts to broaden the employer / agent lines in terms of the Catholic Church. The Vatican was named in a recently filed lawsuit alleging childhood sexual abuse at a Chicago Church committed by admitted child molester, Daniel McCormack.

The lawsuit alleges that boys were sexually molested by Reverend Daniel McCormack at Chicago's St. Agatha Church.  In addition to naming father, McCormack, the lawsuit claims that officials at the Vatican are similarly responsible for the abuse due to the fact that McCormack was furthering the interest of the church and that Church officials should have removed Father McCormack from his position after initial sexual abuse charges were made against him-- more than a year following the initial allegations.

While this childhood sexual abuse lawsuit makes its way through the court system, it certainly does appear as though Church officials were at least 'slow' in their response to serious sexual abuse allegations levied against Rev. McCormack by other children. 

Allegations against father McCormack were publicly announced in 2005 (when the Church became aware of the allegations is still unknown), yet the Church permitted him to remain in his position at St. Agatha's until criminal charges were formally brought against him.

In 2007 McCormack pleaded guilty to the childhood sexual abuse charges. After serving 2 1/2 years in prison, McCormack awaits a hearing as to whether he is indeed a sexual predator-- and hence potential incarcerated indefinitely.

While it will be interesting to see how the court rules with respect to the counts of the recently filed lawsuit against the Vatican, I'm not sure how much of an impact it will have on the eventual settlement / judgment involving these allegations.  Even without being named in earlier lawsuits, the Archdiocese has already agreed to settle similar cases brought against McCormack for $12.675 million.

Related:

Despite The Recent Publicity, Children Continue To Remain Susceptible To Abuse From Clergy

Parish Held Responsible In Lawsuit Involving Sexual Abuse By Priest

Vatican Faces Lawsuit Over Sexual Abuse By Chicago Priest, May 11, 2011 CBS Chicago

 

• Sudden behavior changes 

• Difficulty sleeping 

• Withdrawal from friends and family 

• Toileting accidents 

• Behavioral problems 

• Inappropriate sexual behavior 

• Aggressiveness