Sunday, February 13, 2011

Lawmakers should fix child abuse registry

Now a Child Abuse Registry???

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Nearly 52,000 people are listed on Iowa's child abuse registry. Gather them together, and they would almost rival the population of Ames. It's a lot of names - more than many other states have on their registries.

Few of the people on the database of "abusers" have been charged, let alone convicted, of a crime. Social workers- not judges or juries - add names to the list. These people are not sex offenders.

There are numerous problems with the list maintained by the state. These problems should scare the heck out of anyone who lives or works with children. They should prompt lawmakers to finally address problems with the state list.

If you are investigated for abuse by the Iowa Department of Human Services, you have few due-process rights before you can be placed on the registry. If you are added, you have six months to appeal and it could take more than a year to have your case resolved or your name removed. If you miss the appeal window, you'll remain on the blacklist for 10 years.

Because employers use the registry to check job applicants, being on the list may prevent you from getting a job. It may negatively impact you in a custody battle. For teachers or social workers or child-care providers, it is professionally devastating.

Iowa lawmakers need to rethink the very existence of this state's abuse registry. Some states don't have one. The state can maintain a confidential database - not accessible by employers - to assist them in child abuse investigations. However, lawmakers should do something this session: Pass House File 191. Gov. Terry Branstad should sign it into law. It's a beginning.

The legislation provides some protections for those accused of abuse and makes clear they must be notified of the outcome of an investigation. It also allows appeals to be expedited. Iowans would not be placed on the registry until their appeals are exhausted.
These are important changes. Yet there is more work to do.

The legislation doesn't help the thousands of people currently on the registry and facing many more years there. The Register editorial page staff has talked with many of them. They tell of being wrongly placed on the list and losing a job. Many say they were never even notified they were placed on the registry.

Last week, Jason Heck of Grinnell said we could share his story.

Heck has a long and complicated tale of abuse allegations and social workers visiting his home - but he thought the problems were behind him. About a month ago, in the midst of a custody battle, his lawyer told him he was on the registry. He'd been there for years and found out too late to appeal.

"I've been talking to representatives and judges. All I get is the runaround. The last judge I talked to said 'You're just gonna have to deal with it'," said Heck. He also thinks being on the list is one reason he's had such a hard time getting a job.

"There's got to be changes," said Heck. "There are too many people out there with too much power to make calls on things they shouldn't. They write something in a report on paper and that becomes the 'facts' about what went on."
Then Iowans on the list face a 10-year "punishment."

It's going to take more than a seven-page bill to address such problems. For now, it is a decent start.

http://www.desmoinesregister.com/article/20110213/OPINION03/102130307/Lawmakers-should-fix-child-abuse-registry

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"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.


As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
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“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.


But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?


All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution


Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
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What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
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“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
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I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”