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Bankruptcy, everything but the legalese


MattR

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41 minutes ago, skeptic said:

Guess this should be here.  Have reached out to Council as to how we do this?  I should be covered anyway as a retired educator; but not sure how that gets linked.  May be an opportunity for the Fingerprinting merit badge?  https://apnews.com/article/california-recall-business-california-legislature-child-abuse-cc67021945d6cf68606f3333d14a847e?fbclid=IwAR0niFEEQ_pQsopxp-8L2bBP37MZFbvwzO3w9rAJSiNXQih8fzuaXGYYwR0

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Legislation approved by Gov. Gavin Newsom will require such organizations to have at least two mandated reporters present when employees or volunteers are working directly with children

Well, there's some problematic wording.  Let's ignore scouts for a second.. How the hell does Newsom think school is going to work?  He planning to double the staff in schools by having 2 adults in every classroom?

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14 minutes ago, elitts said:

Well, there's some problematic wording.  Let's ignore scouts for a second.. How the hell does Newsom think school is going to work?  He planning to double the staff in schools by having 2 adults in every classroom?

Reading the actual language of the bill is better than the news article. Once again, the reporters screwed up the nuance

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB506

"Youth service organizations" need only develop policies for two adults "to the greatest extent possible"

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A youth service organization shall develop and implement child abuse prevention policies and procedures, including, but not limited to...Policies requiring, to the greatest extent possible, the presence of at least two mandated reporters whenever administrators, employees, or volunteers are in contact with, or supervising, children.

That is a loophole you can drive a bus through.

Edited by CynicalScouter
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23 minutes ago, elitts said:

Well, there's some problematic wording.  Let's ignore scouts for a second.. How the hell does Newsom think school is going to work?  He planning to double the staff in schools by having 2 adults in every classroom?

This will vary by state, district, and school but today many classrooms have two adults by default because so many kids require instructional aides especially K-8. 

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17 minutes ago, CynicalScouter said:

Reading the actual language of the bill is better than the news article. Once again, the reporters screwed up the nuance

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB506

"Youth service organizations" need only develop policies for two adults "to the greatest extent possible"

That is a loophole you can drive a bus through.

Yep.  I should have known to read the actual language.  While it seemed odd to me that a state organization would implement hard and fast rules that would actually apply to organs of the state, I'm totally used to seeing half-baked legislation passed where no one bothered to turn to outside folks and say "Hey, anyone see a problem with this language?"

Plus I see there's no teeth in the legislation either.

4 minutes ago, yknot said:

This will vary by state, district, and school but today many classrooms have two adults by default because so many kids require instructional aides especially K-8. 

I mean, from time to time during the day, lots of classrooms have two adults, but that's a whole different story from mandating it at all times. 

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The intent is good but I agree the language is problematic.  It'll be interesting to see how it gets implemented here in California.

I was fingerprinted, background-checked and TB-tested a few years ago in order to volunteer at my kids' school.  A number of parents decided to not volunteer because the prerequisites were "too much work."  I think this new bill will have an impact on the already strapped afterschool programs in terms of staffing but parents will be likely be willing to pay more knowing there'll be more supervision.   We shall see...

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On a different note...

Pardon my newbie-ness and silly questions:

I identified my CO's name on the Summary of Sexual Abuse Claims in Chapter 11 Cases of BSA (updated 8/11/21) and would like to know if that is indeed my CO, or just another CO with the same name.  I am wondering if contacting PSZJ Law is the best way to go about this?  Or I'm better off asking someone at the LC?  Can they divulge such information?  If my CO is indeed the one named on the list, would someone there have already been notified?

Thank you in advance!

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3 hours ago, Wondering said:

I identified my CO's name on the Summary of Sexual Abuse Claims in Chapter 11 Cases of BSA (updated 8/11/21) and would like to know if that is indeed my CO, or just another CO with the same name. 

The most straightforward way to do this would be to just ask them.  

 

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15 hours ago, elitts said:

Plus I see there's no teeth in the legislation either.

15 hours ago, yknot said:

Generally the teeth is that no insurance would cover you if you violate state law.  In addition, if anything happens and you did not comply with this law, good luck in court.  The state doesn't need to enforce it, insurance companies and trial lawyers will.  

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35 minutes ago, Eagle1993 said:

Generally the teeth is that no insurance would cover you if you violate state law.  In addition, if anything happens and you did not comply with this law, good luck in court.  The state doesn't need to enforce it, insurance companies and trial lawyers will.  

Yes.  It will be harder to have a youth-serving program.  There will probably be fewer youth-serving programs as a result.

 

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5 hours ago, Wondering said:

I was fingerprinted, background-checked and TB-tested a few years ago in order to volunteer at my kids' school.  A number of parents decided to not volunteer because the prerequisites were "too much work." 

Very true.  It's not just the volunteers.  Many organizations have come to feel that it is "too much work" to have a youth-serving program.

 

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2 minutes ago, 1980Scouter said:

How bad is national and LC's hurting for cash. A LC by me is advertising that the DE's will come to you to pick up any new registrations and the money of course. 

They said this is important so scouts can start advancement right away. 

National has been claiming they'll be broke imminently unless the bankruptcy goes through, but color me skeptical until it actually happens. They've been claiming that since they filed bankruptcy in 2020. 

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Brutal article in the Seattle Times.  I wouldn’t be surprised to see this repeated nationwide.  The payouts are so low … then simply show how much assets the councils are keeping.  

 

https://www.seattletimes.com/seattle-news/times-watchdog/bsa-settlement-proposal/

A rape claim against the Boy Scouts might entitle a survivor to as little as $3,300 under a nationwide proposal filed in court Tuesday.

 

It’s painful to see,” said Jason Amala, a Seattle-based lawyer whose team represents more than 1,000 claimants, including Thurman and about 50 survivors from Washington. “These numbers are so low because they’re letting the council keep so much of their money.”

The settlement isn’t anywhere close to the gravity of the perpetration,” he said. “Should they come out of bankruptcy solvent? In my opinion, no. They gave that right away long ago.”

 

 

 

 

 

 

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Already been there, done that:  Cost is YOURS, or your agency....

State of Pennsylvania Youth Protection Requirements :

Get a Clearance

The Child Protective Services Law (CPSL) requires certain individuals to obtain clearances in order to be employed, be a resource parent (foster or adoptive), or be a volunteer with children. The purpose for requiring clearances is to provide employers and those selecting volunteers with information to use as a part of a larger decision-making process when determining whether to hire someone as an employee or select them as a volunteer. 

Clearances are required for an employee or unpaid volunteer at a minimum of every 60 months from the date of the oldest clearance. Clearances may be required more frequently based on licensure or employer requirements.  

Agencies and organizations must ensure that clearances are obtained in accordance with the CPSL. The required clearances may include:

https://www.dhs.pa.gov/KeepKidsSafe/Clearances/Pages/default.aspx

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1 hour ago, Eagle1993 said:

Brutal article in the Seattle Times.  I wouldn’t be surprised to see this repeated nationwide.  The payouts are so low … then simply show how much assets the councils are keeping.  

This reads very similar to the USA Today article that hit many of the same points: victims are getting effectively nothing

 

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