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Thursday, June 02, 2011

Schools battling childhood obesity

And losing. Not the weight. The battle. The war.

One reason why, is the IMHO lawbreakers mentioned in this article, i.e., mandatory reporters who are not reporting.
Gregory and Sharon Gardner sat in a church parking lot, waiting for their "walking school bus" to depart for Bunnell Elementary School.

The 10-year-old twins joined more than 100 parents and students, part of a school-driven effort to get kids active.

Unlike previous generations, few children walk to school. Many don't get much exercise at all...

Schools are in the trenches in the battle against this epidemic. Children spend six hours or more each day there, often eating one or two meals in the cafeteria. Physical education and health classes can teach students about fitness and nutrition.

While schools can't single-handedly reverse the trend, their role is important, officials say.

Ormond Beach pediatrician James White said he's worried about what lies ahead, considering how little kids get outside to play and how much fast food they eat.

"The biggest problem we're facing today is the weight," he said.

He said he sees far too many future heart attacks and diabetes cases sitting pint-sized in his office.

"If we could get a handle on the obesity, the health care costs in this country would just plummet," he said.
Here are the laws they are breaking:
Florida

Child Abuse and Neglect

Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, download the PDF (665 KB) of this publication.

Physical Abuse
Citation: Ann. Stat. § 39.01

Abuse means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause a child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions...


Neglect
Citation: Ann. Stat. § 39.01

Neglect occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired...


Emotional Abuse
Citation: Ann. Stat. § 39.01

Mental injury means an injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability to function within the normal range of performance and behavior.


Standards for Reporting
Citation: Ann. Stat. § 39.201

A report is required when a person knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected.

Persons Responsible for the Child
Citation: Ann. Stat. § 39.01

Responsible persons include the child's parent or legal custodian, or, in the absence of the parent or legal custodian, the child's caregiver. The term caregiver includes the parent, legal custodian, adult household member, or other person responsible for a child's welfare.

Other person responsible for a child's welfare includes:

The child's legal guardian or foster parent
An employee of a private school, public or private child daycare center, residential home, institution, facility, or agency
A law enforcement officer employed in any facility, service, or program for children that is operated or contracted by the Department of Juvenile Justice
Any other person legally responsible for the child's welfare in a residential setting
An adult sitter or relative entrusted with a child's care


Exceptions
Citation: Ann. Stat. § 39.01

Corporal discipline of a child by a parent does not in itself constitute abuse when it does not result in harm to the child.
It shall not be considered neglect if failure to provide for the child is caused primarily by financial inability unless actual services for relief have been offered to and rejected by the parent.

A parent legitimately practicing religious beliefs in accordance with a recognized church or religious organization who does not provide specific medical treatment for a child may not, for that reason alone, be considered a negligent parent. This exception does not preclude a court from ordering medical services or other treatment to be provided when the health of the child so requires.

Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, download the PDF (380 KB) of this publication.

Professionals Required to Report
Citation: Ann. Stat. § 39.201

The following persons are mandated reporters:
Physicians, osteopaths, medical examiners, chiropractors, nurses, or hospital personnel
Other health or mental health professionals
Practitioners who rely solely on spiritual means for healing
Teachers or other school officials or personnel
Social workers, daycare center workers, or other professional child care, foster care, residential, or institutional workers
Law enforcement officers or judges


Reporting by Other Persons
Citation: Ann. Stat. § 39.201

Any person who knows or has reasonable cause to suspect that a child is abused, abandoned, or neglected shall report.

Standards for Making a Report
Citation: Ann. Stat. § 39.201

A report is required when:
A person knows or has reasonable cause to suspect that a child is abused, abandoned, or neglected.
A person knows that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care.


Privileged Communications
Citation: Ann. Stat. § 39.204

Only attorney-client and clergy-penitent privileges are permitted.

Inclusion of Reporter's Name in Report
Citation: Ann. Stat. § 39.201

Professionals who are mandated reporters are required to provide their names to hotline staff.

Disclosure of Reporter Identity
Citation: Ann. Stat. §§ 39.201; 39.202

The names of reporters shall be entered into the record of the report but shall be held confidential. The name of the reporter may not be released to any person other than employees of the Department of Children and Family Services responsible for child protective services, the central abuse hotline, law enforcement, the child protection team, or the appropriate State attorney, without the written consent of the person reporting.
This does not prohibit the serving of a subpoena to a person reporting child abuse, abandonment, or neglect when deemed necessary by the court, the State attorney, or the department, provided the fact that such person made the report is not disclosed.

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