05/20/05
Parents question child abuse statutes

Parents of children who attended a Venice day-care center are still scratching their heads over news on Tuesday the State Attorney's Office does not plan to file charges of child abuse in its investigation into Venice Presbyterian Church's Early Childhood Center.

State attorneys did say some of the allegations made were found to have "sufficient proof of the actual occurrence." But those acts "did not rise to the level of felony child abuse under Florida law," said Assistant State Attorney Steve Zimath.

Defined

Child abuse is defined in Florida statute as the intentional infliction of physical or mental injury upon a child that results or could reasonably be expected to result in physical or mental injury, or active encouragement of an act that results or could result in physical or mental injury to a child.

Aggravated child abuse occurs when a person commits aggravated battery on a child; willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or causes great bodily harm, permanent disability, or permanent disfigurement to the child.

In making its decision state attorneys relied heavily on a recent court decision (King vs. State of Florida, Feb. 2005) that found "significant bruises or welts" that do not require medical treatment do not rise even to the lower level of nonaggravated child abuse. That decision is under appeal by the state of Florida.

"No act by any of the defendants can be linked to these types of injuries as required under Florida law," said Zimath.

Day-care centers

Attorneys for some of the parents of children who attended ECC are preparing to file civil lawsuits. Parents of three children already have.

Some plan to file lawsuits based on another state statute specific to day-care centers that expressly prohibits corporal punishment. Section 402.305(12), Florida Statutes, covering discipline in day-care centers, requires facilities to provide in writing the disciplinary practices used, including the signature of each custodial parent or legal guardian.

The law states, "Such policies shall include standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited by all child care personnel."

Allegations at ECC include physical injuries, teachers urging children to hit other children as a form of discipline, and forced feeding that induced vomiting.

No answers

Cassie Gorton, an attorney who represents Bill and Marie Ruhl, parents of one of the alleged victims, said she plans to file a civil lawsuit against ECC.

"I believe what happened to my client constitutes abuse," Gorton said. "We are not willing to accept the state attorney's argument that this was not a criminal act."

Gorton and Ruhl met with state attorneys this week hoping to persuade them to file misdemeanor charges against a number of current and former ECC employees, but came away empty-handed. Misdemeanor convictions against the teachers in question would effectively prohibit their future employment at other Florida day-care centers, Gorton said.

Gorton wanted to know why day-care statues that prohibit corporal punishment were trumped by the King decision.

"We did not get answers," Gorton said.

According to Gorton, state attorneys told her even if King is overruled, they will not pursue the cases.

"Given the assistant state attorney's representation on Wednesday afternoon that he would not file these charges even if the King case were expressly overruled, I have no choice but to conclude this decision was (the result of) a cost/benefit analysis that failed to take into account the harm inflicted on these victims. The offenders now have a license to abuse children in the future."

Parents disappointed

Parent Lisa Blaise said Wednesday she intends to file a lawsuit against ECC, alleging her child was the victim of child abuse. She was one of a group of parents that met Tuesday evening to discuss the case.

"I'm absolutely disappointed in the state attorney's decision, but there is hope," Blaise said. "This group is going to take action. We have wonderful, intelligent parents determined to make a change occur in the prosecution of this case and possibly state statutes. We all have voices. It's just a matter of being heard."

Blaise pulled her child out of the day-care center in October when the Venice Police Department first began investigating allegations.

"We're going to continue meeting and try to educate more parents about what the law says and what needs to happen. In my opinion, it seems very clear to me what the definition of abuse is. From what we've experienced, it meets my definition."

Attorney John Dent's firm filed the first civil lawsuit against ECC last month. He plans to add the charge of breaching Sarasota County regulations to the lawsuit.

Ordinance No. 2004-064, section 14, adopts state standards regarding child care, including the state's definition of child abuse and the prohibition on corporal punishment, into county laws.

"It appears (state attorneys) crossed over the line, from what the facts appear to be," Dent said. "They have prosecuted (this kind of case) in the past -- some they won, some they lost. Even if you prosecute and lose, it sends a message to day-care centers that they can be scrutinized."

"This is just scary. It's almost as if (offenders) have to kill the kid to get a prosecution.

"Whenever our government can step in to try and stop what's going on, they should make every effort to do it."

VPD review

Venice Police Department filed 29 complaints in March against two current and four former employees of ECC for the state attorney's office to consider.

Police chief Dan McGoogan said he, too, was disappointed in the state attorney's decision not to prosecute, but understood the need to consider resources and other implications before moving forward with the case.

McGoogan said the Venice Police Department intends to meet with state attorneys next week to discuss the investigation further.

"We are going to review the cases to see if there is any purpose in refiling or filing new documents. We will have that discussion probably next week to determine if there are any other legal avenues for us to take," McGoogan said.

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