Decency Cannot Be Dictated

The Exeter News-Letter (Column in Print Version Only) ^ | 7/2/2002 | Ken Goodall

[Bowana]

Decency Cannot Be Dictated

As Printed in The Exeter News-Letter on 7/2/2002:

If New Hampshire resident, Howard C. Hedegard Jr., of Dear Child Publications has his way, the NH Child Protection Act will have a much bigger bite. Mr. Hedegard has started a petition to make the failure to report child abuse a felony charge. Currently the failure to report child abuse in NH is a misdemeanor.

The death of Kassidy Bortner of Rochester, NH and the deaths of other babies in NH prompted the petition, which already has over 1000 signatures on it. Chad Evans, the boyfriend of Kassidy's mother, Amanda Bortner, was convicted in December of second-degree murder and multiple counts of assault. It is alleged that Bortner had knowledge of some of the abuse going on against Kassidy.

Amanda Bortner had been scheduled to appear in Strafford County Superior Court for a plea and sentencing hearing on two misdemeanor counts of endangering the welfare of a child. Bortner changed her mind and decided to ask for a jury trial. Her trail is scheduled for November 4th of this year.

Mr. Hedegard's petition states "We, the undersigned residents of the state of New Hampshire, wish to express our shock and horror at the brutality and suffering endured by Kassidy Bortner in the weeks prior to her death. In memory of Kassidy, as well as the other three babies murdered in New Hampshire last year and the three infants whose deaths are under investigation, we ask you, our legislators, to revise the New Hampshire Child Protection Act, which is clearly ineffective. We petition you to seek strict penalties for parents and others who do not report suspicion of child abuse. Further, when serious injury to or death of a child occurs, we demand that individuals with reason to suspect abuse be prosecuted as accessories to a felony if they do not report their suspicions."

Anyone, who knows of actual abuse to children and does nothing to stop it, obviously lacks human decency and basic courage. Even if a person lacks the courage to intervene, the least they could do is notify the police to stop the abuse. To make this law a felony though, may be taking this a step too far. This law already includes civil penalties that could be instituted if a person is found guilty of having prior knowledge of the abuse.

Of course a big question of mine is if this law already has ramifications for those that refuse to report child abuse, then why hasn't anyone in the Catholic Church been charged?

According to the Child Protection Act under Persons Required to Report, it states that "Any physician, surgeon, county medical examiner, psychiatrist, resident, intern, dentist, osteopath, optometrist, chiropractor, psychologist, therapist, registered nurse, hospital personnel (engaged in admission, examination, care and treatment of persons), Christian Science practitioner, teacher, school official, school nurse, school counselor, social worker, day care worker, any other child or foster care worker, law enforcement official, priest, minister, or rabbi or any other person having reason to suspect that a child has been abused or neglected shall report the same in accordance with this chapter."

The law includes "priest, minister, or rabbi or any other person having reason to suspect that a child has been abused", in other words, not only the professions mentioned, but anyone with knowledge of child abuse is required, by law, to report it. In the section titled Abrogation of Privileged Communication, it states "The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client, shall not apply to proceedings instituted pursuant to this chapter and shall not constitute grounds for failure to report as required by this chapter."

According to the law there is no protection for Priests, Ministers, or Rabbi's when it comes to the knowledge of child abuse. So why has absolutely nothing been done by the NH Attorney General? There have been enough cases of these problems in the Church, but no charges have been filed for failing to report the abuses.

This law that requires us to police our neighbors opens the door to some serious accusations. Average people will have to decide what is and isn't abuse. Can yelling or screaming at your child be considered abuse? It could be by some people. Is spanking abuse? A lot of people believe it is. What recourse is available to those that are wrongly accused?

What next? Speed kills and someone speeding may kill several people. Are we now going to be required by law to report people that are speeding? After a bouncing ball comes a running child. In order to "Save the Children" we may need a law to require reporting speeders. Where is this kind of legislation going to take us?

We cannot legislate morality or decency. In trying to do so the legislature has put us on a very slippery slope. Neighbors watching neighbors and friends watching friends. Common sense and decency already require people of good conscience to report abuse. People that know of abuse and do nothing about it, lack conscience.

The people that didn't report abuse in the Kassidy Bortner case will have to live with it for the rest of their lives, as will the officials of the Church. Let's not make it a felony if every parent that loses their patience and screams at their kids or slaps a child for mouthing off to them is not reported. There is a difference between discipline and abuse. A felony of this kind may cause parents to have second thoughts on discipline and could cause more children to grow up with a lack of conscience and knowing right from wrong. That is my side of the story.

[JZoback]

I guess I am a felon in NH.

By some people's definition of child abuse, I should be locked up for a long, long, time.

I saw my wife spank my child for back talking to her. The horror!!!

As a matter of fact, I'm glad she did it, because if she didn't, I would have.

Nobody is in favor of child abuse, but this is stupid and full of abuses itself.

[Tennessee_Bob]

No - what's really stupid is when you report real abuse and neglect to the proper authorities and they do nothing about it.

[irksome1]

Looks like just another way for Social Services to invite themselves to my front door.

[B4Ranch]

Decency is dictated by PARENTS every day of a childs life. Then Respect also comes into play. I'll show you respect if you show it to me. That's the part that teenagers have a hard time with.

I guess we did it properly because everyday of the week I hear from both my daughters and the conversation always ends with ,"I LOVE you, Dad"

[Jaidyn]

My four-year old granddaughter told me her daddy spanks her. I asked her what she does to get spanked. Her reply was that she had been bad. As a child, she knows there are penalties to be paid for not following rules and accepts them. Most of the time she gets a time out or a nap, but the big stuff is a swat on the behind followed by a nap. The adults should be as smart as she is or perhaps by the time she is an adult she will live by the same rules.

[JZoback]

I hope you are not implying I am a bad parent because my kid back talked to my wife. I used an example from my life from a very long time ago,

I raised six children. All of them give myself and my wife the utmost respect.

Five of them are wonderful people. One, the jury is still out and it wasn't for lack of trying.

[B4Ranch]

NO, no, no! Spanking is a necessary part of discipline for tots.

83% is more than many folks do successfully. Perhaps that's why we stopped at two. LOL