UNITED STATES
Verdict
Marci A. Hamilton
This year has been an interesting year if for no other reason than that child protection issues are now front and center in the media, and there have been developments (some forward, some backward) at the state, federal, and global levels. Why is this a big deal? The short answer is that until about 12 years ago, there was mostly silence about child protection. The public did not know about the widespread child sex abuse being covered up by bishops, or children dying from treatable medical ailments, or short statutes of limitations that virtually guaranteed no child abuse victim would be able to obtain justice. At the same time, the institutions and individuals that created the conditions for abuse kept their secrets indefinitely, or at least until they could be certain they were protected from repercussions.
Children can’t vote and they have paid a price for it. Now, governments, legislators, and many others are working hard to find a way to protect children from dangers including child pornography, trafficking, medical neglect, and sex abuse. The great neglected are becoming the cared for, one step at a time. But there are also new risks for children, which require even more vigilance and which are a reminder that the protection of children requires consistent attention, not merely occasional nods in their direction.
On balance, 2014 confirms that a lot of activity does not necessarily mean good results. Yet, the very fact of the commotion educates the public and lawmakers for later developments. The following is only a summary of what happened in 2014, because inclusion of every development would require more than a column can accommodate.
2014 State Developments Related to the Protection of Children
Statutes of Limitations (SOLs). For information on each state discussed below (and the rest of them), check out www.SOL-reform.com.
* New York. This is a true case of some states moving forward, while a handful like New York are stuck in antiquated laws that only help perpetrators and institutions that cover up for them. New York yet again stayed firmly mired in the five worst states in the country for victims’ access to justice. The Republican senate has failed to act, and Gov. Andrew Cuomo has ignored the issue.
* The California legislature passed a significant extension on the civil SOL and eliminated the criminal SOL. Like last year, Gov. Jerry Brown vetoed the civil extension. The criminal elimination is worthwhile nonetheless.
* For the first time, Georgia considered significant improvement in its SOL. Nothing happened. A new bill has been introduced for the 2015 session.
* Hawaii. This state led the pack with the first-ever two-year extension of a window (which revives previously expired SOLs for a set period of time), making their window the longest in history: a total of four years. This move proves that a window does not cause a state to sink into the ocean and is so obviously important to the common good (survivors, institutions, and the public alike).
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