web analytics
April 1, 2015 / 12 Nisan, 5775
At a Glance
InDepth
Sponsored Post


Home » InDepth » Op-Eds »

How To Eradicate Abuse In Our Communities


Child protection laws in the U.S. vary from state to state, particularly as they relate to yeshivas and nonpublic schools, but in the main they include the following:

● Corporal punishment and sexual touching are illegal.

● Fingerprinting and criminal background checks are required of all employees.

● Mandatory reporting to government authorities of sex abuse and violent incidents.

● State registries of all school employees found guilty of sex abuse or violence.

I am a lawyer who for the past few years has been advocating that our yeshivas comply with all existing child protection laws and, where needed, that our states enact new laws. Sadly, my efforts have been met with apathy, indifference, negativity and cynicism. I call this the “m’raglim” attitude.

The m’raglim were the spies who returned to Moshe and the Jews with a negative report about the Land of Canaan. The people there are giants, they said, and we are like grasshoppers. With the exception of Yehoshua Bin Nun and Kalev Ben Yefuneh, the spies had given up the fight before it even began, and for this we Jews received great punishment. Rashi calls the spies r’shaim, evil ones. A negative attitude can be the cause of a great downfall.

The legal scene in New York is, quite frankly, not a strong one for nonpublic-school children. Last year, however, it was made a little bit stronger when our State Legislature passed a new law that – for the first time in 70 years – “authorizes” our nonpublic schools to fingerprint and background-check their employees. (A state labor law, in effect since 1937, bars private employers from fingerprinting employees unless another law allows or requires it.)

The key word is “authorizes.” The new law, unlike laws in other states, does not require fingerprinting – that’s something left to the discretion of individual yeshivas and other nonpublic schools.

This year, my new group-in-formation, the New York State Yeshiva Parents Association, is asking for more new laws. In February, we sent letters to selected legislative leaders and Governor Spitzer asking for mandatory fingerprinting so that our schools will no longer employ convicted sex offenders and other dangerous criminals. (The legislative leaders include Assembly Speaker Silver, and, in the Senate, Majority Leader Bruno, Deputy Majority Leader Skelos, and Education Committee Chairman Saland.)

We also asked for a mandatory reporting law. In 25 states – New York is not one of them – all clergy are mandated reporters, required to report evidence of sex abuse or violence to child welfare authorities. In 18 states – and this is remarkable – all persons who reasonably suspect child abuse are mandated reporters. But again, not in New York.

In New York, public school officials are mandated reporters, but not nonpublic school employees. Thus, New York is among the small minority of states whose laws do not require nonpublic, religious schools to report sex abuse to state child welfare authorities.

My February 2007 letter to the State Legislature makes a modest proposal. We are asking for neither an “all person” nor an “all clergy” mandatory reporting law – just one for nonpublic-school employees. In this manner, we hope to create a consensus and avoid an inevitable confrontation with ultra-conservative elements who would object to a broad mandatory reporting law.

Who, after all, could reasonably object to a law that essentially establishes every school, public and nonpublic, in our state as a safe oasis for children? Such a law would be entirely consistent with the ancient common-law doctrine of in loco parentis (Latin for “in place of the parent”). When a school assumes physical custody of a child, it is in loco parentis, and owes the same high duty of care that a parent ordinarily owes a child.

Finally, my letter asks for a nonpublic-school disciplinary system that is comparable to the public school system. All nonpublic schools should be required to have child safety and abuse prevention plans. All nonpublic-school employees should be registered with the State Education Department, and when credible complaints of abuse or violence are filed, disciplinary hearings should be held. Our yeshivas have no such apparatus, and it is thus no surprise that sexual predators have been known to move from one yeshiva to another.

About the Author: Elliot Pasik is a lawyer in private practice and president of the Jewish Board of Advocates for Children (www.jewishadvocates.org). He can be contacted at efpasik@aol.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “How To Eradicate Abuse In Our Communities”

Comments are closed.

Current Top Story
Egyptian President Abdel Fattah el-Sisi.
Obama Stops Punishing Egypt for Dumping Muslim Brotherhood Prez
Latest Indepth Stories
hurva

The rededication of the Hurva caused international hysteria.Arabs called the action a “provocation”

Photo from President Barack Obama's past visit to Israel and the Palestinian Authority.

{Originally posted to author’s website, FirstOne Through} TRUST Trust is the bedrock of a functional relationship. It enables one party to rely on the other. A trust that includes both intention and capability permits a sharing of responsibility and workload. The relationship between US President Obama and Israeli Prime Minister Netanyahu started off badly and further […]

jabotinsky with sword

Jabotinsky said “Go To Hell” was a good retort to opponents of the Jewish people; fitting for Obama.

Obama Racine

Obama pulled off one of US history’s greatest cons,twice fooling a gullible electorate and most Jews

While in Auschwitz I felt a tangible intensity. I could sense that I was in a place of sheer evil.

Obama needs to wake up. The real enemy is not Netanyahu but Iran, Hizbullah, Hamas, Islamic Jihad,IS

My beliefs & actions have led to numerous death threats against me; my excommunication by my church

In November 2014, Islamic Relief Worldwide was classified as a terrorist organization by the United Arab Emirates.

Too rarely appreciated for its symbolic weight; it can represent freedom and independence.

Erica Pelman is a spiritually-driven woman. She is founder and director of “In Shifra’s Arms” (ISA), an organization that offers aid to pregnant Jewish women of all religious backgrounds practically, financially and emotionally. Its arms are open to any pregnant woman in need whether single, divorced, separated, or from a financially-strapped family. “Presently, we are […]

Many so-called “humanitarian NGOs” frequently abuse Israel by applying false moral equivalencies

Israeli history now has its version of “Dewey Defeats Truman” with headlines from 2 anti-Bibi papers

In God’s plan why was it necessary that Moses be raised by Pharaoh, away from his own family&people?

In their zechus may we all come to appreciate that life is a fleeting gift and resolve to spend every precious moment of it as if it were the last.

More Articles from Elliot B. Pasik

We are winning the war on child abuse. We shall fight this war until we win. We shall fight the abusers in the yeshivas, the synagogues, the mikvehs. We shall fight them in the hills, the valleys, on the land and on the beaches. We shall fight with every ounce of our strength, until we win.

The planets are not typically aligned. The Modern/Centrist Orthodox Rabbinical Council of America is for Markey, as is the haredi Igud HaRabbonim (Rabbinical Alliance of America). Meanwhile, the equally haredi Agudath Israel of America and Torah Umesorah are against Markey.

Amid all the recent bad news about our child sex abuse problem in New York, Baltimore, and elsewhere, permit me to be so bold as to suggest there is a glimmer of good news and hope.

Printed from: http://www.jewishpress.com/indepth/opinions/how-to-eradicate-abuse-in-our-communities/2007/04/25/

Scan this QR code to visit this page online: