DEDICATION:

This blog is dedicated to "The Children Left Behind." We will not rest until the safety of our children and those that are entrusted with their mental health care are held accountable for abusing the children's God given rights, those rights upheld by our constitution, and those that have been complicit in obfuscating the truth!

Saturday, July 30, 2011

"DEAR CONGRESS"

DEAR CONGRESS,

Last year I mismanaged my funds and this year my family and I cannot decide on a budget. Until we have come to a unified decision that fits all of our needs and interests, we will have to shut down our checkbook and will no longer be able to pay our taxes. I'm sure you'll understand. Thank you very much for setting an example we can all follow.

LETTER TO PRESIDENT OBAMA - DEBT CEILING - "THAT WOULD BE LEADERSHIP..."


This came into Jilliestake today ...

Dear Mr. President,
 
I heard you say you will not guarantee SS checks if the debt ceiling isn't raised.
Why is it the scare always has to do with SS, Medicare, & our Soldiers pay?
Why not stop your pay, your staff, or Congress and the Senate to save more money for our country?
Why use Seniors, Soldiers, & our Needy as examples?
 
Take the money from those who take no risks and reap the benefits!!
Instead of threatening to withhold Social Security, VA and disability
payments of people who really need the money....
 
Again, let's hold the paychecks of the Executive Branch (White House staff, all of the Treasury, and the Fed), all House & Senate members and their staff, along with the Judicial Branch and their staff; then see how fast they resolve the debt ceiling crisis !!!!!
 
That would be Leadership by example...
 
If you agree re post this & keep it going across the whole USA.
Thank you

Tuesday, July 26, 2011

David Wu announces resignation amid sex scandal - Political Hotsheet - CBS News

RAQUEL NELSON UPDATE - GIVEN ONE YEAR PROBATION

UPDATE: 07-27-2011 'Just spoke with the National Action Network in Atlanta...Ms. Nelson was given one year probation!  Did advocacy save her?  Most certainly!



MORE OUT OF GEORGIA ...

THIS IS HORRID. THE MAN WHO KILLED HER CHILD HAS HAD THREE PREVIOUS CONVICTIONS FOR HIT AND RUN AND SERVED ONLY 6 MONTHS FOR THIS CHILD'S DEATH. HE ADMITTED HE WAS DRINKING PRIOR TO THE HIT AND RUN, CAUSING THE DEATH OF MS. NELSON'S 4 YEAR OLD SON.

NOW MS. NELSON, A COBB COUNTY MOTHER IS LOOKING AT THREE YEARS, CONVICTED OF VEHICULAR HOMICIDE FOR NOT USING A CROSSWALK. SHE HAS TWO CHILDREN TO NURTURE. THIS IS ABSURD!

MS. NELSON MADE A GRAVE ERROR IN JUDGEMENT THAT SHE WILL CARRY FOR THE REST OF HER LIFE, THE LOSS OF HER SON. ENOUGH IS ENOUGH.

HOW MANY OF THOSE JURISTS THAT CONVICTED HER USE PUBLIC TRANSPORTATION WITH THREE CHILDREN IN TOTE? JUST CURIOUS.
WOULD THE OUTCOME HAVE BEEN DIFFERENT IF SHE WAS WHITE? ONE THING FOR SURE, IF MS. NELSON LIVED IN DUNWOODY AND DROVE A MERCEDES, THIS NEVER WOULD HAVE HAPPENED.

PERHAPS THIS DA SHOULD FIND "JUST" THINGS TO DO WITH HIS TIME, LIKE TAKING DOWN REAL CRIMINALS.

AND THAT'S MY TAKE.

JOHANNESBURG MAN DECLARED DEAD WAKES UP IN MORGUE FREEZER

This is out of South Africa, but it appears to be more appropriate to a  "Three Stooges" episode.  One can envision Curly freaking out with Larry... if this wasn't so real for the 50 year old Grandfather that was screaming from inside the morgue freezer - 21 hours later.

Health Department  official spokesman Suzwe Kupelo said the family requested an undertaker after finding the Grandfather dead.   The owner of the morgue Ayanda Maqolo sent  for the body and the body was transferred to the morgue.

Ayanda Maqolo states that the Grandfather's vital signs were taken, and nothing; the body was examined then placed in a morgue freezer..

21 hours later, workers hear a voice shouting for help.  Ayanda Maqolo states that the workers thought it was a ghost.  "I couldn't believe it!" Maqolo said.  His employees were scared, he was scared, so they telephoned the police. 

The police arrive and enter the morgue with firearms drawn, which an appreciative Maqolo said he was glad in case, "something wanted to fight with us."

The Grandfather was pulled out of the freezer wanting to know, "How did I get here?"

Maqolo said that he had nightmares after this traumatic experience.

Try waking up in the freezer!

All that was missing was Moe entering the morgue, with Curly and Larry in a tizzy brandishing fire arms; Moe opens the freezer raising a hammer to the Grandfather to remedy the situation.  We hear a "CONK," the freezer is closed; the second "CONK" goes to Curly.

And that's my take.

Ridge Creek School Debacle Parallels Another - "Investigators in Atlanta cheating scandal discuss culture of corruption "- USATODAY.com

Investigators in Atlanta cheating scandal discuss culture of corruption - USATODAY.com

More parallels ..."failure of leadership at the highest levels;" Professional Standards Commission;" "GBI;" "a series of failed investigations;" "the testing is not about the children. It was about the adults."   GBI? What is it about "testing" in Georgia.

"But they concluded in their report that Hall knew or should have known cheating was taking place in her schools."   Pick a state agency, a private company, and unlimited former staff. The sky is the limit.


Saving the best for last which one could apply to several individuals, "Wilson and Bowers spent hours with Hall and her attorneys. They described the former superintendent as gracious, polite, patient and charming."   Gosh darn, I wonder who that could be, sans "gracious, polite, and patient."


Governor Deal has been contacted regarding the Ridge Creek School facility fiasco and the state agencies repeat reckless abandon, since ORCC Commissioner Clyde Reese appears to not have time for it, other than giving a RIF (official press release, right), with apparently no notice to ORCC Director Dave Stattton. Commissioner Reese did not return telephone calls, he had Director Statton oblige. If one wished to speak to then Director Statton, one would obviously have telephoned Director Statton.

According to a parent, an email was forwarded from the Secretary of State to Commissioner Reese.  At this time, there has been no acknowledgement from Commissioner Reese. How many months ago was that?


While everyone was "looking into it," another child was injured from a beating to the face in May. The only thing this child did wrong was sleep when the attacker bludgeoned his face. Of course it wasn't their child, so it did not matter. Is there a survey report?  Was this reported?


According to another parent and intake record in 2010, the parent filed complaints across the state, and nothing. Years back, according to a distraught Grandmother, she telephoned the LCSO to file a report and ask for an investigation of Hidden Lake Academy,  the now defunct Ridge Creek School facility; she never heard back from them, nor CPS. or DFCS. Why? The LCSO consists of mandatory reporters, there is a protocol to follow and it is called a 24 hour DFCS/ CPS Hotline according to DFCS.  Protocol was not followed. In addition,  after the food service was stopped Friday the 15th of July, another call to LCSO for a welfare check was placed on Saturday the 16th of July, and protocol was not followed according to DFCS.


While everyone was "looking into it," more parents were fleeced into paying up front tuition within the final two weeks and lost it all with the facility knowing good and well they were going under.  Another parent disclosed that Ridge Creek School was so desperate for funds, her child attended paying  $500.00 a month for five months to finish out the school year.  Apparently it hasn't done them one bit of good, because they cannot get the child's records since May. Another phone call to the facility last week and the parent wasn't even informed by a staff member that the facility had closed.

While everyone was "looking into it," including the ORCC and Advanc-Ed, a 12 month education program had no teachers to speak of as they were let go in May or resigned. Not to kick a dead horse, there was no Special education program or Special Ed teacher either for 7 months, along with no Director of Education, no Assistant Director of Education, no funds and according to the former Science teacher, Mr. Seabolt, very little if any supplies.


It would be a welcome change for Governor Deal to interject a refreshing "fabric" of moral constitution - something that is obviously missing from his DHS administrators, several of whom, would appear to not know how to be held accountable for anything. To paraphrase the authors of the above article, for them, it was never about the children, "it was about the adults," politics, and you know what, shame on all of you.

Seven letters: A-P-O-L-O-G -Y   It is long overdue.


And that's my take

Monday, July 25, 2011

RIDGE CREEK SCHOOL AND GEORGIA'S DEPARTMENT OF HUMAN SERVICES - IS THAT A MOAT?


TOURIST #1: "Oh, my gosh, isn't that Ft. Knox?" 
TOURIST #2: "Don't be ridiculous, it's Georgia's Department of Human Services."  TOURIST #1:  "Is that a moat? It's positively Medieval ..."  TOURIST #2 :  "If you think that's Medieval, you oughta' see how they run the joint!"  TOURIST #1:  "All they need are soldiers ..." TOURIST #2 : "Not to worry, they'll be back.  The "Little Toy Soldiers" are on loan to Ridge Creek School ..."



"A little levity is good for the soul"

 






Tiger's control issues led to split - News | FOX Sports on MSN

Pelosi calls for House ethics investigation of Oregon congressman - chicagotribune.com

Saturday, July 23, 2011

AMY WINEHOUSE WAS FOUND DEAD THIS MORNING IN HER LONDON HOME




How sad. Amy Winehouse gone at age 27.


NORWAY ATTACKS SURVIVOR ADRIAN PRACON INJURED TELLS OF THE HORROR - VIDEO





Our heartfelt prayers and condolences to the families that lost their loved ones.

RIDGE CREEK SCHOOL ARRESTS - FORGOTTEN YOUTHS PAY A HIGH PRICE UPDATE

UPDATE TO ARTICLE:

WE HAVE BEEN INFORMED BY THE LUMPKIN COUNTY DA THAT ALL YOUTHS, NOT JUST SYDNEY VAUGHN AND LUCREZIA ALBEGIANI ,THAT HAVE BEEN ARRESTED WHILE ATTENDING THE RIDGE CREEK SCHOOL FACILITY HAVE ATTORNEYS. 

DUE TO INAPPROPRIATE PLACEMENT, WE HOPE THE ABOVE YOUTHS SHALL BE RETURNED TO THEIR HOME STATE, FOR TIME SERVED.  WE ALSO HOPE THAT WHOMEVER PLACED THESE YOUNG WOMEN INAPPROPRIATELY WILL BE CALLED BEFORE THE COURT, ALONG WITH ANSWERING TO VIOLATIONS OF ICPC LAWS, WHICH INCLUDES NEGLIGENT MONITORING BY THE STATE OF GEORGIA'S DHS, ORCC, AND THE GEORGIA COMPACT ADMINISTRATOR.

And that's my take.

RIDGE CREEK SCHOOL - A LETTER TO LON WOODBURY BY CLARKE POOLE - MORE DEJA VU

For those of you that were not privy to Ridge Creek School facility when it was Hidden Lake Academy, Mr. Clarke Poole worked in Admissions, degreed in Psychology, and was working on his PhD.  Mr. Poole submitted his resignation citing his repeat concerns over  "unsafe and unethical practices regarding the admission of certain students to Hidden Lake Academy."  His resignation letter referred to educational consultants citing his concern for the  "physical and emotional safety of the families and children you refer."

Mr. Poole released  the now infamous (1) "in-house emails" between himself, Mr. Buccellato, and Ms. Nicole Fuglsang. Ms. Fuglsang, unlike Mr. Poole, walked away taking Hidden Lake Academy secrets with her. Ms. Fuglsang was a "mandated reporter," like the rest of staff all these years, she did nothing.

Mr. Poole was vilified, threatened with a lawsuit, much like Ms. Marla McGhee, only he was stronger and Buccellato's "henchman" disappeared into the night.  Aside from a handful of true, decent, loving friends,  most educational consultants and industry people protected their purse strings, and offered no support.

Mr. Lon Woodbury was one such educational consultant and industry blogger.  His "Struggling Teens" and "Woodbury Reports" apparently continues to be subjective in reporting "industry news," appears spineless, and obviously does not see past his bank account in exposing those facilities that tarnish what honest advocates have dedicated their life to - the safety and well-being of our children.

This came into "Jilliestake" yesterday.  At the time of publish, there has been no response to Mr. Poole's email to Mr. Woodbury.  If Mr. Woodbury would like to respond, "Jilliestake" would be more than accommodating in publishing his response.


July 21, 2011
 
To: Lon Woodbury, Woodbury Reports, Inc
From: Clarke Poole
 
Dear Lon,
 
I’m wondering if you’re going to print today’s article from the Dahlonega Nugget, the link to which is found below, or if you will wait as you did the last time Ridge Creek School was in the news and print only the “rebuttal”, which was no rebuttal at all but only advertising hype written by Ridge Creek School and which never addressed the substance of the news story, although I doubt there will be a “rebuttal” this time around. Ridge Creek School is finally done.
 
I’d like to know, Lon, whether you’re a legitimate journalist, or a propagandist for your industry. Many parents come to your website, and hire your firm, expecting to get independent and competent advice regarding a school for their child. If the way in which you have dealt with Ridge Creek School is any indication, you have misled and ill-served your readers.
 
For some time, you have known or should have known, that Ridge Creek School was on the brink of collapse. You also knew, or should have known, that it was operating with skeletal staff: no Director or Assistant Director of Education, no Special Education teacher, few if any certified teachers, no Director of Operations, and the list goes on. You also knew, or should have known, that staff turnover was happening at the speed of light, with some newly hired staff leaving within a few days of being hired and some not even showing up for work on their first day. You also knew, or should have known, that Ridge Creek School’s credit rating was somewhere below zero, that staff paychecks have been bouncing for months and that for years it has been in arrears on everything from federal, state, and county taxes to paying for food service. You also knew, or should have known, that there is a growing list of lawsuits against Ridge Creek School , as well as liens that go back almost 10 years against Ridge Creek School, Hidden Lake Academy, Inc, HLA, Inc, and their owner, Len Buccellato. You knew all these things, or should have known them if you are indeed a journalist and a source of information for parents of “struggling teens” as you claim. Yet to my knowledge you never once offered a word of caution to parents who were considering Ridge Creek School as a placement option for their son or daughter. There are now scores, if not hundreds, of parents who have been left with huge debt and children who are worse off than before. Len Buccellato continued to solicit students, largely with the aid of educational consultants, and cash their tuition checks right up until the week the school announced its closing with no hint to the parents that this was the case. That money will never be recovered, and those children are left in the lurch. Your website and the news articles it contains are widely read by industry professionals and parents. You could have helped to avoid much financial pain and emotional suffering if you had printed what you knew. But you did not.
 
You also knew, or should have known, that Ridge Creek School was accepting students who had long histories of violence, severe psychological disorders, and criminal records. This resulted in numerous attacks on other students and staff, causing injuries requiring hospitalization. You also knew, or should have known, the long history of suicide attempts at Ridge Creek School . These are not unfounded allegations, Lon. They are facts that could have easily been verified by checking with appropriate state agencies and local law enforcement. Why did you not do this?
 
Ridge Creek School and its owner have ruined many lives, and by your silence and tacit support you are complicit in every one of them. As a journalist and as an educational consultant, you are a disappointment.
 
There is a book currently in the works that will expose all this and much more. It will name names. I’ll see that you get a copy so you can perhaps review it on your website.
 
Sincerely,
 
Clarke Poole
 
 

"JILLIESTAKE" RESPONSE TO ALL EDUCATIONAL CONSULTANTS THAT WERE COMPLICIT IN THE HIDDEN LAKE ACADEMY AND  THE RIDGE CREEK SCHOOL/RIDGE CREEK WILDERNESS COVER-UP:

BY DEFINITION YOU ARE "MANDATED REPORTERS" AND YOU DID NOTHING BUT CONTINUE TO REFER CHILDREN AND YOUTHS TO THIS HELL HOLE FOR $4,000.00 AND $5,000.00 DOLLAR FEES FROM DISTRAUGHT PARENTS.

TO ALL OF YOU:  A VERY SPECIAL PROVERB HAS BEEN CHOSEN:

"NONE SO DEAF AS THOSE THAT WILL NOT HEAR."

BTW - TO OUTSOURCED PSYCHIATRISTS AND PSYCHOLOGISTS THAT KNEW WHAT WAS TRANSPIRING OR WERE ASKED BY MR. BUCCELLATO TO CHANGE DIAGNOSIS  TO MAKE THE CHILD PLACEMENT MORE APPROPRIATE TO THE FACILITYAND DID NOT REPORT THIS TO THE PROFESSIONAL LICENSING BOARD OR CPS - YOU ARE "MANDATORY REPORTERS."

And that's my take ...

For "The Children Left Behind"
I am,
Jill Ryan


(1) "Clarke Poole Emails" between Clarke Poole, Mr. Buccellato ,and Ms. Nicole Fuglsang.


From: Nicole Fuglsang
Sent: Monday, February 20, 2006 12:57 PM
To: Christy Jones; John McMillon; Josh Watson; Clarke Poole
Cc: Nicole Fuglsang
Subject: HLA Student Profile.....
Please give a brief summary of the student you feel is a good fit for HLA. I want to make sure Admissions and the counseling department are on the same page. J
THANKS!!!!!
Sincerely,
Nicole Fuglsang, MA, NCC, LPC
Director of Public Relations/Admissions
phone (706) 867-1720
fax (706) 864-5826
From: Clarke Poole
Sent: Monday, February 20, 2006 3:44 PM
To: Nicole Fuglsang; Christy Jones; John McMillon; Josh Watson
Subject: RE: HLA Student Profile.....
One whose parents can afford the tuition.
From: Nicole Fuglsang
Sent: Monday, February 20, 2006 3:48 PM
To: Clarke Poole; Christy Jones; John McMillon; Josh Watson
Subject: RE: HLA Student Profile.....
This is not the standard we want to set!
Sincerely,
Nicole Fuglsang, MA, NCC, LPC
Director of Public Relations/Admissions
phone (706) 867-1720
fax (706) 864-5826
From: Clarke Poole
Sent: Monday, February 20, 2006 3:48 PM
To: Nicole Fuglsang; Christy Jones; John McMillon; Josh Watson
Subject: RE: HLA Student Profile.....
There are ideals, and there is reality.
From: Nicole Fuglsang
Sent: Monday, February 20, 2006 4:01 PM
To: Clarke Poole
Cc: Nicole Fuglsang
Subject: RE: HLA Student Profile.....
Clarke, make sure all your potential students are reviewed by me before forwarding them on to Len.
Sincerely,
Nicole Fuglsang, MA, NCC, LPC
Director of Public Relations/Admissions
phone (706) 867-1720
fax (706) 864-5826
From: Clarke Poole
Sent: Monday, February 20, 2006 4:01 PM
To: Nicole Fuglsang
Subject: RE: HLA Student Profile.....
I'll be glad to, Nicole; but lets be real. Len and Len alone sets the standards for admission to HLA. It really doesn't matter much what we or Counseling think. It's his call, plain and simple.
From: Nicole Fuglsang
Sent: Monday, February 20, 2006 5:28 PM
To: Clarke Poole
Subject: RE: HLA Student Profile.....
Clarke,
You are either part of the Team or you are not. You chose. There are standards whether you use them or not.
If you are having bad day or have become frustrated please forward your emails to me directly instead of sharing your negativity with all around you.
I wouldn’t take a student profile to Len that I didn’t think was appropriate or borderline appropriate, it would be a waste of his time.
He trusts his staff maybe he is putting to much trust in you if you feel you do not need to follow the standards for the type of student that is appropriate for HLA.
Sincerely,
Nicole Fuglsang, MA, NCC, LPC
Director of Public Relations/Admissions
phone (706) 867-1720
fax (706) 864-5826
From: Clarke Poole
Sent: Tuesday, February 21, 2006 10:17 AM
To: Nicole Fuglsang
Subject: RE: HLA Student Profile.....
Nicole... this deserves a thoughtful reply, and this morning I have a tour that should arrive at any moment followed by a move-in this afternoon. There is also some follow-up with the 4 move-ins I have scheduled for the rest of the week, but between now and then I will reply and we should certainly get together.
From: Nicole Fuglsang
Sent: Tuesday, February 21, 2006 11:05 AM
To: Clarke Poole
Subject: RE: HLA Student Profile.....
I would love to meet with you Clarke and discuss your concerns.
Also, do you have copies for all the files for Fridays move-in’s or do you still need some from RCI?
Sincerely,
Nicole Fuglsang, MA, NCC, LPC
Director of Public Relations/Admissions
phone (706) 867-1720
fax (706) 864-5826
From: Clarke Poole
Sent: Friday, February 24, 2006 9:50 AM
To: Nicole Fuglsang
Subject: FW: HLA Student Profile.....
Nicole,
Let me first acknowledge that I responded inaccurately to your initial request for a student profile summary of applicants deemed appropriate for admission to HLA. You asked for my opinion on appropriateness, and I responded, somewhat but not altogether facetiously, with what I see as the official view of appropriateness.
To be absolutely clear on this, I have no lack of confidence in my ability to submit appropriate applicants for approval. In fact, based on some of the acceptances I've seen in the last year or so, I am confident that my opinions on acceptances would have been far less problematic than how some of the official acceptances turned out. This might be due to the fact that my focus would be solely on the appropriateness of the student for this school, rather than concerns based on finances or consultant politics.
There is a fairly long list of students whose appropriateness I have questioned, especially in the last year or so. To point to just a few, let's look at (Jane Doe 1), (John Doe 1), and (John Doe 2).
(Jane Doe 1) had trouble here from the beginning, with most of her incidents involving violence. Finally, she was complicit in an elopement that culminated in the physical, and, by all indications, sexual assault on another student who was hospitalized for several days due to her physical injuries, especially internal injuries in the pelvic area. Then, rather than being dismissed immediately, she remained enrolled here for another month. The educational consultant who referred her to Hidden Lake was (Consultant 1).
(John Doe 1) came here with a very troubling history and equally troubling psychological evaluation. He was constantly involved in trouble including physical assaults on other students. He finally attacked and threatened to kill another student and the on-call clinical staff was called to evaluate him. She determined he was not only sincere but determined to actually try to kill the other student, and signed the order to have him committed to a psychiatric hospital. He did not return to Hidden Lake. The educational consultant who referred him to Hidden Lake was its owner, Len Buccellato.
Finally, we have (John Doe 2). Why in the name of Heaven this boy was ever even considered for admission to Hidden Lake is beyond me. He should have been in a padded cell in a psychiatric prison, and we knew it going in. It's difficult to distinguish his psychological evaluation, which was done by Len Buccellato and Brad Carpenter, from that of Hannibal Lecter's. Yet, in spite of first hand knowledge that this boy was not only totally inappropriate but dangerous, he was approved for admission and attended for a full year, interspersed with hospitalizations, until withdrawn by his parents. The educational consultant who referred him to Hidden Lake was (Consultant 2).
As an aside to this disgraceful episode with (John Doe 2), I took a call several months ago from (Consultant 3) an educational consultant in Miami. She had received from us a copy of Lakeside Reflections, in which was a photo of (John Doe 2). A month before (John Doe 2)’s family contacted (Consultant 2) for help in finding placement, they had called on (Consultant 3) at her office. She had, quite sensibly, recommended only RTC's for (John Doe 2), but there was his picture in Lakeside Reflections, a Hidden Lake student. In her excited (foreign) accent, she said "Clarke! My God, Clarke! This boy is a student there? Oh my God!" At least I was able to tell her he was no longer enrolled, but I was unable to give her a reason as to why he had ever been accepted in the first place without opening an ethical can of worms, so I feigned ignorance.
There are others, of course, who were known from the beginning to be inappropriate for placement, and I'll be glad to go into them with you, but I'm sure you are starting to get the point. Len has repeatedly said to me and everyone else who has ever worked in this department that "we do not do well with dysthymic kids", yet I have never seen a dysthymic kid not accepted for admission. If we know we do poorly with them, why accept them? At least they are not a danger to others, but they do little for our retention rate, which currently stands at 40% for the Peer Groups graduating in May (assuming none of the few who remain are withdrawn between now and then).
This brings us back to your question about my being or not being a part of the team. Just for clarification, you stated "You chose", indicating I have already made my decision, and the implication was that I had chosen to not be a part of the team. Perhaps you meant to say "choose", but perhaps not. I have, in fact, chosen, but not in the sense that you imply. As I said in an e-mail to you and Len several months ago, every comment and observation I have made as an HLA employee has been made with the intention of calling to management's attention practices that I believe are detrimental to the reputation and longevity of Hidden Lake Academy, as well as the safety and therapeutic well being of its students. Also as I pointed out, every time I do so I am reprimanded. I have a long list of such occurrences archived which I'll be glad to share with you and with others, should that be necessary. I am trying to be a member of this team, but I am not an automaton or a sheep. I have views and opinions which I am qualified by education and experience to express. No one has to like them or act on them, and obviously no one ever has; but I still feel compelled to state them, even if it puts my job in jeopardy, especially if I believe they involve ethical compromises and issues of student safety.
I'll be glad to meet with you and with Len to discuss these and all other issues that are of concern to you; and when we do so, I will go into a longer list of concerns of my own. I would appreciate a response to the issues I have raised here in response to your question regarding my commitment to this school, and my competence in evaluating applicants.
Sincerely,
Clarke Poole
From: Nicole Fuglsang
Sent: Friday, February 24, 2006 1:37 PM
To: Clarke Poole
Subject: RE: HLA Student Profile.....
While we will address the majority of this email not on email… I wanted to make one comment….
This whole topic came about because of the comment you made that an appropriate student is “one whose parents can afford the tuition”.
It was interesting to see that of the three families you discussed two were provided with significant financial aid because their families could not afford the HLA tuition.
Doesn’t really fit with your statement.
Sincerely,
Nicole Fuglsang, MA, NCC, LPC
Director of Public Relations/Admissions
phone (706) 867-1720
fax (706) 864-5826
From: Clarke Poole
Sent: Friday, February 24, 2006 1:39 PM
To: Nicole Fuglsang
Subject: RE: HLA Student Profile.....
As I noted in my response below, that comment was partially in jest. It has no bearing on the description of the students' appropriateness for this school. I'll be glad to meet with you at any time.
From: Clarke Poole
Sent: Friday, February 24, 2006 2:02 PM
To: Nicole Fuglsang
Subject: FW: HLA Student Profile.....
I have reviewed my notes for these families and I see nothing to indicate that any of them requested one cent of financial aid. May I ask the source of your information and also ask you to check this out yourself? As I indicated, it still has no bearing on anything, but I want to make sure we each have all our facts right before we go into a meeting.
From: Nicole Fuglsang
Sent: Friday, February 24, 2006 2:08 PM
To: Clarke Poole
Subject: RE: HLA Student Profile.....
I know because I was a part of the approval process while they were at RCI and then moved on to HLA.
I know for a fact the level of aid they were getting at RCI & HLA as I worked with both families directly.
I am the source of this information.
Sincerely,
Nicole Fuglsang, MA, NCC, LPC
Director of Public Relations/Admissions
phone (706) 867-1720
fax (706) 864-5826
From: Clarke Poole
Sent: Sat 2/25/2006 9:57 PM
To: Nicole Fuglsang; Bill Gray Jr.; Len Buccellato; John McMillon; John McMillon; David Reifenberger; David Jordan; Mark Keith; Christy Jones
Subject: FW: HLA Student Profile.....
Nicole,
I can understand precisely why you said you do not want to continue to address my concerns over student safety and unethical practices on e-mail. However, there are several final points I want to make for the record.
(1) You stated with total certainty that two of the students referred to below received "significant financial aid because their families could not afford the HLA tuition." Upon my questioning the accuracy and veracity of your statement, you also said "I know because I was a part of the approval process while they were at RCI and then moved on to HLA. I know for a fact the level of aid they were getting at RCI & HLA as I worked with both families directly. I am the source of this information." The adamancy with which you state your position is compelling. However, it is totally false.
I went to Bill Gray's office at 4:30 Friday afternoon and asked him to personally check the financial records for the three students in question as a means to help me refresh my memory. He did so in my presence. None of these students received one cent of financial aid. (Jane Doe 1)’s family received the Ridge Creek rebate the first month she attended Hidden Lake Academy, rather than the third month as is normally the case. However, the amount of tuition paid by her family was exactly the same as any other family. There was no financial aid requested or granted to any of these three families, period. This raises the question in my mind as to why you so steadfastly insisted that you were right in spite of my urging you to check your facts.
The whole business of financial aid was, of course, a red herring designed to deflect the focus away from the point of my letter: that the safety of Hidden Lake Academy students is being compromised by the improper and unethical admission of totally inappropriate and dangerous students. As I noted, it had nothing whatsoever to do with the concerns I had raised. Just for the record, (John Doe 2)’s psychological evaluation, conducted and signed by Len Buccellato, includes a diagnosis of Schizoaffective Disorder, Pedophilia, and Personality Disorder with Antisocial Features. I am still waiting for your response as to why this boy, as well as the others, was approved by Len Buccellato to attend Hidden Lake Academy.
(2) You are the Director of Public Relations for both Hidden Lake Academy and Ridge Creek, as well as Director of Admissions for both institutions. In this job, you are the public face and voice of both programs. It would stand to reason that we would want in this very important position someone whose integrity is above reproach, since you speak for both programs. The fact that you intentionally attempted to mislead, obfuscate, and deflect rather than address honestly my concerns regarding student safety and ethical placement is, in my opinion, an insult not just to me, but to everyone in either of these schools, students and staff alike, as well as the parents of students and the educational consultants who they hired to assist with placement.
On January 31, 2006, you sent out a notice to all staff, and perhaps others outside HLA, that the "new student riding program will be completely operational by February 1st, 2006". It was obvious to all with eyes that this was impossible, since it was nothing more than a small area of scraped dirt the day before. I sent a reply to you stating "This is exactly what gets us in trouble with parents and consultants." I never received a reply. The "riding program" is still in exactly the same shape as it was the day you sent the announcement... no horses, no program.
If this approach to "public relations" is condoned by management, then it is no wonder we are constantly losing both students and staff. It is wrong, dishonest, and shameful.
(3) I am still waiting for answers to the questions I raised with you regarding admissions policy. In my capacity as senior admissions coordinator, I have an ethical responsibility to the parents and educational consultants with whom I work to be able to assure them that their children and clients are safe in this environment and properly placed here according to their needs and our ability to successfully address those needs. I am requesting a face-to-face meeting with you and with Len Buccellato to assure me that policy will be changed and those crucial issues properly addressed. I am also requesting that David Reifenberger, Director of Human Resources, also be present. Unless I am granted this meeting and in it given personal assurances by Len Buccellato that these concerns and others that I intend to raise will be immediately and honestly addressed, I have no choice but to tender my resignation in accordance with proceedures proscribed in the HLA Employee Handbook effective at close of business on March 15, 2006.
I am copying Len Buccellato, owner of HLA; Bill Grey, Director of Operations, HLA; John McMillon and Christy Jones, Director and Associate Director of Counseling for HLA, respectively, who you copied on your original e-mail; David Reifenberger, Director of Human Resources; David Jordan, Director of Counseling for Ridge Creek; and Mark Keith, Director of Operations for Ridge Creek.
Sincerely,
Clarke Poole
From: Nicole Fuglsang
Sent: Sun 2/26/2006 9:37 AM
To: Clarke Poole
Subject: RE: HLA Student Profile.....
Clarke,
We will meet Monday to discuss your concerns.
Again, email is not the appropriate place for this conversation as things are easily misconstrued. It concerns me that you are so willing to slander those around to try to prove your point. I understand that you are frustrated and apparently angry but is unprofessional to continue this email banter. It seems as though you just want to do this to get what you "think" in writing.
As to your statement below.... I expressed my understanding of the situation. If it was wrong I will correct it. Jumping to the conclusion that I "intentionally attempted to mislead, obfuscate, and deflect rather than address honestly my concerns regarding student safety and ethical." is completely false, slanderous and is absolutely insulting. Again email is not the place for this conversation as thoughts and tone of an email may be misconstrued. We will meet on Monday to discuss your concerns.
Nicole'
From: Clarke Poole
Sent: Sun 2/26/2006 10:12 AM
To: Nicole Fuglsang
Subject: RE: HLA Student Profile.....
For the record, Nicole, the definition of "slander" is to utter a false report. Unlike your e-mails, mine contain only facts which I or anyone else can verify. I will be in my office by 8:30 tomorrow morning, and I will be ready to meet with you and the two others at that time.
The End.


RIDGE CREEK SCHOOL - SHREDDING PARTY REVISTED? DEJA VU?

Reports have come in that it wasn't just the "Little Toy Soldiers" that were playing the "Lone Ranger" protecting Ridge Creek School facility Wednesday. There were no funds to pay the food service, but it seems there were enough funds coming from another bank account to replace one broken shredder with numerous shredders in all departments. Surely roller blades were handed out also. No sightings of Mr. Essert amongst the "Toy Animals," he was smart enough to stay put in Arizona.  Obviously, Mr. Buccellato could not afford to hire a shredding truck again; another building burned to the ground would just be a bit over-the-top.

What is amazing is that the staff that remained would even think of digging in and shredding documents, "Little Toy Soldiers" indeed.  'Just pray your names do not get released.

Even more amazing is that the  DHS, its ORCC, CPS or DFCS did not think to place a TRO on computers and documents.
Why?  Because it would be too difficult a venture to even contemplate bringing charges against Ridge Creek School facility and Leonard Buccellato by either of these agencies. Honestly, one does not even know if these people can spell "contemplate" or understand the meaning of it.  We have never seen so many PhD's that have no clue.  After all these years, other than the GAO, I had the pleasure of actually speaking with a Director Tuesday that actually appeared to care,  "got it," was gracious, and obviously bright - but it was too late. 
The FBI, well, apparently they are as lethargic as the state agencies, in Georgia at least; they were contacted four weeks ago.  No telling where the Department of Treasury has been - vacation?

The only TRO that was filed on July 19th 2011 was from an attorney representing a family that received a judgement against Buccellato and had a lien.  But when the cats away.... the shredders apparently crank up in full force.

So here we go again.  The bank accounts affiliated with the school have been closed.  Employees that did receive checks on the closed accounts are bouncing.  Whether the banks will go after Buccellato is another story and what an apparent felonious story it is - stupidity actually. 

What ever the events of the last few years and more so recently, if it wasn't for the children it would be tantamount to watching " The Three Stooges," not near as entertaining, and it does take a rocket scientist to guess who plays "Moe."

And that's my take.

RIDGE CREEK SCHOOL - MANDATED REPORTERS - WHO'D A THUNK TO REPORT ATTEMPTED SUICIDES AND BEATINGS

To refresh the memory of former staff and current staff regarding "mandatory reporting"  here ya go.... To refresh the  memory of DHS and it's ORCC it would seem apparent since you all knew what was transpiring at Ridge Creek School facility (which was not a licensed PRTF, nor was it a  licensed RTF but operating as one) and did nothing as in call for a CPS investigation and the like...Perhaps the ORCC needs a refresher course, too, so here ya go!  Most would agree, "what good for the goose, is good for the gander." 

SIMPLY STATED,  HOLD THEM ALL ACCOUNTABLE.

Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws

email Email print pdf Print (PDF 380 KB) Share Share
Rate Rate This Not yet rated.
Series: State Statutes
Author(s): Child Welfare Information Gateway
Year Published: 2010
Current Through April 2010
This brief introduction summarizes how States address this topic in statute. To access the statutes for a specific State or territory, visit the State Statutes Search.
All States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes identifying persons who are required to report child maltreatment under specific circumstances.

Professionals Required to Report

Approximately 48 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands designate professions whose members are mandated by law to report child maltreatment.1 Individuals designated as mandatory reporters typically have frequent contact with children. Such individuals may include:
  • Social workers
  • Teachers and other school personnel
  • Physicians and other health-care workers
  • Mental health professionals
  • Child care providers
  • Medical examiners or coroners
  • Law enforcement officers
Some other professions frequently mandated across the States include commercial film or photograph processors (in 11 States, Guam, and Puerto Rico), substance abuse counselors (in 14 States), and probation or parole officers (in 17 States).2 Seven States and the District of Columbia include domestic violence workers on the list of mandated reporters, while seven States and the District of Columbia include animal control or humane officers.3 Court-appointed special advocates are mandatory reporters in nine States.4 Members of the clergy now are required to report in 26 States.5

Reporting by Other Persons

In approximately 18 States and Puerto Rico, any person who suspects child abuse or neglect is required to report. Of these 18 States, 16 States and Puerto Rico specify certain professionals who must report but also require all persons to report suspected abuse or neglect, regardless of profession.6 New Jersey and Wyoming require all persons to report without specifying any professions. In all other States, territories, and the District of Columbia, any person is permitted to report. These voluntary reporters of abuse are often referred to as "permissive reporters."

Standards for Making a Report

The circumstances under which a mandatory reporter must make a report vary from State to State. Typically, a report must be made when the reporter, in his or her official capacity, suspects or has reasons to believe that a child has been abused or neglected. Another standard frequently used is when the reporter has knowledge of, or observes a child being subjected to, conditions that would reasonably result in harm to the child. Permissive reporters follow the same standards when electing to make a report.

Privileged Communications

Mandatory reporting statutes also may specify when a communication is privileged. "Privileged communications" is the statutory recognition of the right to maintain confidential communications between professionals and their clients, patients, or congregants. To enable States to provide protection to maltreated children, the reporting laws in most States and territories restrict this privilege for mandated reporters. All but three States and Puerto Rico currently address the issue of privileged communications within their reporting laws, either affirming the privilege or denying it (i.e., not allowing privilege to be grounds for failing to report).7 For instance:
  • The physician-patient and husband-wife privileges are the most common to be denied by States.
  • The attorney-client privilege is most commonly affirmed.
  • The clergy-penitent privilege is also widely affirmed, although that privilege usually is limited to confessional communications and, in some States, denied altogether.8

Inclusion of the Reporter's Name in the Report

Most States maintain toll-free telephone numbers for receiving reports of abuse or neglect.9 Reports may be made anonymously to most of these reporting numbers, but States find it helpful to their investigations to know the identity of reporters. Approximately 18 States, the District of Columbia, American Samoa, Guam, and the Virgin Islands currently require mandatory reporters to provide their names and contact information, either at the time of the initial oral report or as part of a written report.10 The laws in Connecticut, Delaware, and Washington allow child protection workers to request the name of the reporter. In Wyoming, the reporter does not have to provide his or her identity as part of the written report, but if the person takes and submits photographs or x rays of the child, his or her name must be provided.

Disclosure of the Reporter's Identity

All jurisdictions have provisions in statute to maintain the confidentiality of abuse and neglect records. The identity of the reporter is specifically protected from disclosure to the alleged perpetrator in 39 States, the District of Columbia, Puerto Rico, American Samoa, Guam, Puerto Rico, and the Northern Mariana Islands.11 This protection is maintained even when other information from the report may be disclosed.
Release of the reporter's identity is allowed in some jurisdictions under specific circumstances or to specific departments or officials. For example, disclosure of the reporter's identity can be ordered by the court when there is a compelling reason to disclose (in California, Mississippi, Tennessee, Texas, and Guam) or upon a finding that the reporter knowingly made a false report (in Alabama, Arkansas, Connecticut, Kentucky, Louisiana, Minnesota, South Dakota, Vermont, and Virginia). In some jurisdictions (California, Florida, Minnesota, Tennessee, Texas, Vermont, the District of Columbia, and Guam), the reporter can waive confidentiality and give consent to the release of his or her name.
To access the statutes for a specific State or territory, visit the State Statutes Search.
1 The word approximately is used to stress the fact that States frequently amend their laws. This information is current only through April 2010. At that time, New Jersey and Wyoming were the only two States that did not enumerate specific professional groups as mandated reporters but required all persons to report. back
2 Film processors are mandated reporters in Alaska, California, Colorado, Georgia, Illinois, Iowa, Louisiana, Maine, Missouri, Oklahoma, and South Carolina. Substance abuse counselors are required to report in Alaska, California, Connecticut, Illinois, Iowa, Kansas, Massachusetts, Nevada, New York, North Dakota, Oregon, South Carolina, South Dakota, and Wisconsin. Probation or parole officers are mandated reporters in Arkansas, California, Colorado, Connecticut, Hawaii, Illinois, Louisiana, Massachusetts, Minnesota, Missouri, Nevada, North Dakota, South Dakota, Texas, Vermont, Virginia, and Washington. back
3 Domestic violence workers are mandated reporters in Alaska, Arizona, Arkansas, Connecticut, Illinois, Maine, and South Dakota. Humane officers are mandated reporters in California, Colorado, Illinois, Maine, Ohio, Virginia, and West Virginia. back
4 Arkansas, California, Louisiana, Maine, Montana, Oregon, Virginia, Washington, and Wisconsin. back
5 Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Vermont, West Virginia, and Wisconsin. For more information, see Child Welfare Information Gateway's Clergy as Mandatory Reporters of Child Abuse and Neglect at www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandated.cfm. back
6 Delaware, Florida, Idaho, Indiana, Kentucky, Maryland, Mississippi, Nebraska, New Hampshire, New Mexico, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, and Utah. back
7 Connecticut, Mississippi, and New Jersey do not currently address the issue of privileged communications within their reporting laws. The issue of privilege may be addressed elsewhere in the statutes of these States, such as rules of evidence. back
8 New Hampshire, North Carolina, Oklahoma, Rhode Island, Texas, and West Virginia disallow the use of the clergy-penitent privilege as grounds for failing to report suspected child abuse or neglect. For a more complete discussion of the requirement for clergy to report child abuse and neglect, see the Information Gateway's Clergy as Mandatory Reporters of Child Abuse and Neglect at www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandated.cfm. back
9 For State-specific information about these hotlines, see Information Gateway's State Child Abuse Reporting Numbers at http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5%26rate_chno=W-00082. back
10 California, Colorado, Florida, Illinois, Indiana, Iowa, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, New York, North Carolina, Pennsylvania, and Vermont have this requirement. back
11 The statutes in Alaska, Arizona, Delaware, Idaho, Maryland, Massachusetts, New Hampshire, Oklahoma, Rhode Island, West Virginia, Wyoming, and the Virgin Islands do not specifically protect reporter identity but do provide for confidentiality of records in general. back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
email Email print pdf Print (PDF 380 KB)   Share Share



PENALTIES FOR FAILURE TO REPORT AND PENALTIES FOR FALSE REPORTING

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws

email Email print pdf Print (PDF 248 KB) Share Share
Rate Rate This 5.0/5, 3 Reviews
Series: State Statutes
Author(s): Child Welfare Information Gateway
Year Published: 2009
Current through December 2009
This brief introduction summarizes how States address this topic in statute. To access the statutes for a specific State or territory, visit the State Statutes Search.
Many cases of child abuse and neglect are not reported, even when mandated by law. Therefore, nearly every State and U.S. territory imposes penalties, often in the form of a fine or imprisonment, on mandatory reporters who fail to report suspected child abuse or neglect as required by law.1 In addition, to prevent malicious or intentional reporting of cases that are not founded, many States and the U.S. Virgin Islands impose penalties against any person who files a report known to be false.

Penalties for Failure to Report

Approximately 47 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands impose penalties on mandatory reporters who knowingly or willfully fail to make a report when they suspect that a child is being abused or neglected.2 Failure to report is classified as a misdemeanor in 39 States and American Samoa, Guam, and the Virgin Islands.3 In Arizona, Florida, and Minnesota, misdemeanors are upgraded to felonies for failure to report more serious situations, while in Illinois and Guam, second or subsequent violations are classified as felonies.
Twenty States and the District of Columbia, Guam, the Northern Mariana Islands, and the Virgin Islands specify in the reporting laws the penalties for failure to report.4 Upon conviction, a mandated reporter who fails to report can face jail terms ranging from 10 days to 5 years or fines ranging from $100 to $5,000. In seven States and American Samoa, in addition to any criminal penalties, the reporter may be civilly liable for any damages caused by the failure to report.5

Penalties for False Reporting

Approximately 28 States carry penalties in their civil child protection laws for any person who willfully or intentionally makes a report of child abuse or neglect that the reporter knows to be false.6 In New York, Ohio, and the Virgin Islands, making false reports of child maltreatment is made illegal in criminal sections of State code.
Twenty States and the Virgin Islands classify false reporting as a misdemeanor or similar charge.7 In Florida, Tennessee, and Texas, false reporting is a felony, while in Arkansas, Illinois, Indiana, Missouri, and Virginia, second or subsequent offenses are upgraded to felonies. In Michigan, false reporting can be either a misdemeanor or a felony, depending on the seriousness of the alleged abuse in the report. No criminal penalties are imposed in California, Maine, Montana, Minnesota, and Nebraska; however, immunity from civil or criminal action that is provided to reporters of abuse or neglect is not extended to those who make a false report.
Eleven States and the Virgin Islands specify the penalties for making a false report.8 Upon conviction, the reporter can face jail terms ranging from 30 days to 5 years or fines ranging from $200 to $5,000. Florida imposes the most severe penalties: In addition to a court sentence of 5 years and $5,000, the Department of Children and Family Services may fine the reporter up to $10,000. In six States the reporter may be civilly liable for any damages caused by the report.9
To access the statutes for a specific State or territory, visit the State Statutes Search.
1 See Child Welfare Information Gateway's Mandatory Reporters of Child Abuse and Neglect. Back
2The word approximately is used to stress the fact that the States frequently amend their laws. This information is current through December 2009. Maryland, North Carolina, Wyoming, and Puerto Rico currently do not have statutes imposing penalties for failure to report. Back
3The States that do not use the misdemeanor classification for failure to report include Connecticut, Delaware, Massachusetts, Mississippi, New Jersey, Vermont, Virginia, and Wisconsin.Back
4Alabama, California, Connecticut, Delaware, Florida, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, New Mexico, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, and Wisconsin. Back
5Arkansas, Colorado, Iowa, Michigan, Montana, New York, and Rhode Island. Back
6Arizona, Arkansas, California, Colorado, Connecticut, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, and Wyoming. Back
7Arizona, Arkansas, Colorado, Illinois (disorderly conduct), Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Missouri, New York, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, Virginia, Washington, and Wyoming. Back
8Connecticut, Florida, Louisiana, Massachusetts, Michigan, Oklahoma, Rhode Island, South Carolina, Texas, Washington, and Wyoming. Back
9California, Colorado, Idaho, Indiana, Minnesota, and North Dakota. Back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
email Email print pdf Print (PDF 248 KB)   Share Share
IMMUNITY FOR MANDATORY REPORTERS

Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws

email Email print pdf Print (PDF 174 KB) Share Share
Rate Rate This Not yet rated.
Series: State Statutes
Author(s): Child Welfare Information Gateway
Year Published: 2008
Current Through December 2008
You may wish to review this introductory text to better understand the information contained in your State's statute. To see how your State addresses this issue, visit the State Statutes Search.
To be eligible to receive Federal grants under the Child Abuse Prevention and Treatment Act (CAPTA), States are required to establish provisions for immunity from liability for individuals making good faith reports of suspected or known instances of child abuse or neglect.1

Immunity for Making Reports

All States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands provide some form of immunity from liability for persons who in good faith report suspected instances of child abuse or neglect under the reporting laws. Immunity statutes protect reporters from civil or criminal liability that they might otherwise incur. This protection is extended to both mandatory and voluntary reporters.2
The term "good faith" refers to the assumption that the reporter, to the best of his or her knowledge, had reason to believe that the child in question was being subjected to abuse or neglect. Even if the allegations made in the report cannot be fully substantiated, the reporter is still provided with immunity. There is a "presumption of good faith" in approximately 17 States, the District of Columbia, American Samoa, and Guam, which means that the good faith of the reporter is assumed unless it can be proven to the contrary.3

Additional Provision of Immunity

States may provide immunity not only for the initial report of abuse or neglect, but also for many of the actions that a reporter may take following the filing of a report. For example, approximately 36 States, the District of Columbia, American Samoa, and Guam provide immunity to a reporter who participates in any judicial proceedings that may arise.4 Approximately 26 States provide immunity to a reporter for assisting with or participating in an investigation of allegations of maltreatment.5
Many States also provide immunity for actions taken by medical practitioners in connection with making a report of suspected child maltreatment. These actions may include:
  • Taking any necessary photographs or x-rays6
  • Taking a child into emergency protective custody7
  • Disclosing medical records or other information pertinent to a case8
  • Performing a medical exam on the child9
  • Performing medically relevant tests10

Limitations to Immunity

In many States, immunity from civil or criminal liability is specifically not provided in cases in which it can be shown that the person making a report acted with malice or in "bad faith" or knowingly made a false report.11 Minnesota and North Dakota specifically deny immunity from any civil or criminal penalties for mandated reporters who fail to make required reports. Alaska provides no immunity for persons who knowingly make an "untimely report." Persons who are the alleged perpetrators of the suspected abuse or neglect are specifically not provided immunity from prosecution in 16 States.12
To see how your State addresses this issue, visit the State Statutes Search.
To find information on all of the States and territories, view the complete printable PDF, Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB).
1 42 U.S.C.A. § 5106a(b)(2)(A)(iv). Back
2 Mandatory reporters are persons who are required to report; voluntary reporters are not required to report but may choose to report. For a State-by-State summary of mandatory reporting laws, see Information Gateway's Mandatory Reporters of Child Abuse and Neglect. Back
3 The word approximately is used to stress the fact that the States frequently amend their laws; this information is current through December 2008. The States that provide for an assumption of "good faith" include Colorado, Illinois, Indiana, Maine, Michigan, Mississippi, Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, Tennessee, Wisconsin, and Wyoming. Back
4 The States that do NOT provide this immunity are: Arkansas, California, Florida, Illinois, Massachusetts, Michigan, Minnesota, New York, North Dakota, Utah, Vermont, West Virginia, Wisconsin, and Wyoming. Back
5 Alabama, Arizona, Colorado, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, and Wisconsin. Back
6 In 14 States (Arkansas, California, Colorado, Illinois, Indiana, Iowa, Maine, Missouri, Nevada, New York, Pennsylvania, South Dakota, Utah, Wisconsin), American Samoa, and Guam. Back
7 In 12 States (Alabama, Arkansas, Colorado, Delaware, Illinois, Missouri, Nevada, New York, Pennsylvania, Utah, Virginia, Washington), American Samoa, and Guam. Back
8 In 11 States (Arizona, Illinois, Louisiana, Montana, Nevada, New York, North Dakota, South Carolina, South Dakota, Tennessee, and Utah) and Puerto Rico. Back
9 In 3 States: Delaware, Indiana, and Wisconsin. Back
10 In 2 States: Iowa and Nevada. Back
11 Immunity is denied for acting with malice or in bad faith in 10 States: Arizona, Colorado, Idaho, Indiana, Missouri, Montana, New Mexico, Ohio, Texas, and Virginia. Immunity is denied for knowingly making a false report in 10 States: California, Louisiana, Maine, Missouri, Montana, Nebraska, North Dakota, Ohio, Utah, and Washington. Back
12 Alaska, Arizona, Colorado, Connecticut, Florida, Indiana, Louisiana, Massachusetts, Minnesota, North Dakota, South Dakota, Tennessee, Texas, Vermont, Washington, and Wisconsin. Back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
email Email print pdf Print (PDF 174 KB)   Share Share
The GAO was correct, "there are simply no excuses for a licensed psychologist, a licensed MSW, a teacher, or any of the staff that were the caretakers of children/youth at Ridge Creek School, to not report these incidents."  "The ORCC is just as accountable."
It just might be advisable to seek counsel and while you are at it, have your counsel check out the "immunity clause."  Although you walked, never to look back  for " The Children Left Behind," there is always redemption.
And that's my take.

Blog Archive