Sex Abuse, TWO Worlds: Today they have converged affecting certain registered sex offenders

5-4-2012 National, Michigan:

Far too often folks have been confused by the reporting systems for sex abuses, yes, there are two reporting systems. The first is generally handled through Child Protective Services (CPS) and the other through the Prosecutor's office. Each system has its own registry, the Central Registry and the Sex Offender Registry; only the former is non public.

Statistics for the CPS system end up in the Child Maltreatment report (link is to the 2010 version), which covers way more maltreatment than just sexual acts. Statistics for sex offenders, well they abound. For the most part the TWO worlds have not converged, at least, until the Adam Walsh Act.

Federal funding for the CPS system has, for some years now, come to the states through the Child Abuse Prevention and Treatment Act, and with that was the federal way of forcing states to comply: Do it or we will subtract some % from other federal monies, usually granted to the state.

Then, in the last Congress (the 111th), a few lines of code were added to the annual re-authorization of the Child Abuse Prevention and Treatment Act of 2010 (CAPTA), they were:

(xi) in clause (xvi)--

(I) in subclause (III), by striking `; or' and inserting `;'; and

(II) by adding at the end the following:

(V) to have committed sexual abuse against the surviving child or another child of such parent; or
(VI) to be required to register with a sex offender registry under section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16913(a));';

The result: The worlds have converged with that stroke of the Congressional pen. Family rights of certain registered sex offenders are in peril. Does Congress care, heck no, its all about controlling state law, using arm bending (or legalized extortion), bypassing the 10th Amendment, making it impossible for State Lawmakers to say, NO, to the desires of Federal Lawmakers. Personal rights have no meaning under these types of changes, its all about the money!

Instead of listening to me spout off, here are two reports of what has occurred in Michigan as a result of those few lines in 2010: "Sex offenders could lose parental rights under law signed by Gov. Rick Snyder" -and- "Sex Offender Registry and Termination of Parental Rights | New Statute."

To paraphrase, the first is a Michigan Lawmaker and the Governor heralding, we saved the $800,000 and we did it to protect children. The Second is a Michigan Family Court Judge, speaking about this new law in Michigan, 3-days after it became law. Yes, I said that right, a Judge speaking about the law 3-days after it became law, for him to follow (some discretion is in the law though). Is there anyone thinking this is not a controversial change taking place now?

I'm going to close on this thought, yes there are some registered sex offenders whose parental rights should be terminated, but also remember, under the Adam Walsh Act who is required to register, folks committing a simple offense such as urinating in the park (3 times in Michigan), Romeo & Juliet offenders, and all others way up to the worst kind of sex offense possible. Should all, including those in-between, lose their Parental Rights, for the rest of their lives? Is there a psychological effect when a child is ripped away from a parent, simply because one is forced to register for whatever? Is this a way to protect children or put them at further risk?

For now, have a great day and a better tomorrow.
eAdvocate

PS: Pass this on so others will know what has happened. Oh yes, not every state has yet brought forth the CAPTA provisions, and it is impossible, today, to know how your state will handle it. Please don't e-mail me asking that... The details of the Child Abuse Prevention and Treatment Act of 2010 (CAPTA) are at that link (Search it for Walsh and read)