A legislative Column by Assemblyman Will Barclay Week of March 31, 2014

tronger !enalties for Chil" Abusers #ee"e"

According to the most recent statistics I could find, in 2012, more than 600,000 children in the United States and Puerto Rico were victims of child abuse and more than 1, 00 children died as a result of abuse or neglect! "ven more tragic, these are onl# re$orted cases of abuse and neglect! It is estimated that the actual number of abuse cases is three times greater! %o matter how man# cases of child abuse and neglect there are, an# child abuse is too much and we must do more as a communit# and a nation to $revent it! A$ril is %ational &hild Abuse Prevention 'onth! %ational &hild Abuse Prevention 'onth is observed ever# A$ril to tr# to ma(e Americans aware of the ongoing crisis of child abuse and to remember all the children who have lost their lives or have been seriousl# affected b# child abuse and neglect! In this column, I want to discuss three $ieces of legislation that I su$$ort that, if enacted, could $revent child abuse! In recent #ears, there have been several high $rofile child abuse cases in the news! )ocall#, man# will remember the "rin 'a*well case! In that case, 11+#ear+old "rin 'a*well was found dead in her famil#,s home! -er ste$brother, Alan .ones, was eventuall# convicted of second degree murder but that conviction was latter reduced to second degree manslaughter b# an A$$ellate court! "rin re$ortedl# lived in de$lorable conditions/ investigators and emergenc# $ersonnel had to wear mas(s to $rotect themselves from the odor the# encountered in her residence! 0here were re$ortedl# several feet of animal feces and waste in the house! It had come to light in the 'a*well case that social wor(ers had visited "rin,s home $rior to her death and that her living conditions had been re$orted to the 1e$artment of Social Services on a number of occasions! -owever, no actions were ta(en to remove "rin from the home! 2ecause it is evident that the s#stem failed "rin 'a*well, I introduced legislation that would re3uire additional investigation of certain claims of abuse and maltreatment! 0his legislation would re3uire that if three or more re$orts are made, and deemed to be unfounded, such $erson shall be investigated and evaluated at least once a #ear for the ne*t five #ears as $art of the 1e$artment of Social Services regular $ractice! Another high $rofile case involving child abuse was the &a#lee Anthon# case in 4lorida! In that case, &ase# Anthon# failed to re$ort that her child, &a#lee, had been missing for 51 da#s! )aw enforcement charged her with murder of her 2+#ear+old daughter after &a#lee,s bod# was found nearl# si* months after the child,s disa$$earance! 0he outcome sur$rised man# Americans who were watching the court $roceedings in what became a highl# $ublici6ed case! 0he 7ur# found her not guilt# of murder or child abuse! 1uring the court $roceedings, $rosecutors

continued to $oint out that &ase# Anthon# failed to re$ort her daughter missing until 51 da#s after her disa$$earance! 1es$ite their attem$ts to a$$eal to the 7ur#, there was no $rovision in the law that she actuall# violated$ failure to re%ort a missing chil" &as not a crime unto itself' (nstea", the )ury convicte" Anthony of several counts of check frau", %rovi"ing false information to %olice an", as a result, she serve" little )ail time' In order to $revent this from ha$$ening in %ew 8or(, I su$$ort legislation a$$ro$riatel# named &a#lee,s law that would ma(e it a felon# for failure to re$ort a child missing within 29 hours! In addition, this legislation would ma(e it a felon# for a $arent, legal guardian or careta(er who fails to notif# law enforcement of the death of a child, accidental or otherwise! As man# $rosecutors s$eculate, this change would li(el# not be a deterrent to crime but it would be a tool the# could use if a case similar to the &ase# Anthon# case came u$ in #e& *ork' Another law I,m a $ro$onent of, A5:2 , would create a class 1 violent felon# offense for "ndangering the ;elfare of a &hild! 0his would strengthen $enalties for child abusers and also toughen $enalties for those who have been $reviousl# convicted of such crimes! Under current law, onl# misdemeanor $enalties can be im$osed for <endangering the welfare of a child,= which range from leaving a child in the car unsu$ervised to e*treme $h#sical abuse! >ften, u$ to one #ear of 7ail time is the ma*imum sentence for misdemeanor $enalties regardless of the severit# of abuse! 4urther, this legislation enhances $enalties for re$eat offenders b# creating harsher $enalties for those who have a histor# of endangering the welfare of a child, which is alread# the case with driving under the influence and man# other crimes! )ocal authorities sa# this would give them more tools to $rotect children in our communities! ;hile our laws can be im$roved, laws alone won,t heal the trauma associated with abuse! 0han(full#, there are man# local $eo$le who dedicate their lives to hel$ing victims! 'edical e*ams, counseling, and hel$ for those who have been traumati6ed or abused is available at local &hild Advocac# &enters! ?ictims advocates at local &A&s wor( hard ever# da#, along with local law enforcement, to be a voice for our children! 0he &hild Advocac# &enter in >swego &ount# has two locations, 501 2eech St!, 4ulton, %8 1506@ and 9A22 Salina St!, Pulas(i %8 15192! 0he# can be reached at 51 + @2+99 5, b# email at &A&Boswegocac!org or visit their website at htt$CDDoswegocac!orgD! In .efferson &ount#, &hild Advocac# &enter of %orthern %ew 8or( is located at 120 ;ashington Street, Suite 906, ;atertown, %8 15601 and can be reached at 51 + :AA+A 20 or visit their website at htt$CDDwww!vac7c!comDservicesDchildadvocac#center!html! In >nondaga &ount#, the R#anD'c'ahon &hild Advocac# &enter is located at 601 "ast Eenesee St!, S#racuse, %8 15202! 0he# can be reached at 51 +:01+2@A or visit their website at htt$CDDwww!mcmahonr#an!orgD 0o re$ort child abuse, call &hild Protective Services at 1+A00+592+5:20 If #ou have an# 3uestions or comments or if #ou would li(e to be added to m# mailing list or receive m# newsletter, $lease contact m# office b# mail at 200 %orth Second Street, 4ulton, %ew 8or( 1506@, b# e+mail at barclawBassembl#!state!n#!us or b# calling F51 G @A+ 1A ! HHH