Major Phillip Blansett, CAP, Pleading with CAP National Commander Major General Antonio Pineda to require CPPT to inform Senior Members and Cadets that they may also be required by their state to report alleged child sexual, physical and/or emotional abuse to state authorities (Doesn't it make you wonder: "Why?")

From: Commander@CAP-TN188.com

Date: Sun, 11 Sep 2005 07:29:14

To: "’Tony Pineda’" ajpineda@nextel.blackberry.net, jim.rushing@charter.net, msharkey@cap.gov, Bruce_Kincaid@chs.net

Subject: REVISED Level 1 Training, CPPT, State Mandatory Reporting of Suspected or Alleged Child physical, sexual, or emotional abuse

CIVIL AIR PATROL

UNITED STATES AIR FORCE AUXILIARY

WILSON COUNTY COMPOSITE SQUADRON

P.O. Box 118

7104 Lebanon Road

Mount Juliet, Tennessee 37121

11 September 2005

MEMORANDUM: Antonio Pineda, Major General, CAP

SUBJECT: Level One Training and Statutory Requirement to Report

  1. Thank you, General Pineda, for joining in a long list of teachers who have recognized that I sometimes put too much information in one letter that could best be delivered in two. Following your suggestion, I have removed Paragraph 2 (The Claude Fillingham Case) from this letter and have rewritten it as a complaint have signed it, and sent it to the National I.G.
  2. Nevertheless, I present you with a most important matter. Will you, Gen. Pineda, instruct those who administer Level I Training across the United States and its possessions, especially as related to CPPT training, that nothing in Civil Air Patrol’s CPPT program is intended to divert statutorily mandated reporting of suspected or alleged child physical, sexual and/or emotional abuse to the proper investigative civil authorities? Will you instruct the Squadron, Group and Wing Commanders to teach that, in addition to the current requirements of temporarily suspending the suspected or alleged offender, a Civil Report will be made by the same to Child Protective Services in the 18 states in which any person possessing knowledge of suspected or alleged child abuse is mandated to report, an in the remaining 32 states to encourage the suspected or alleging victim and his or her parents or custodians to make such a report to Child Protective Services?
  3. One of the most significant aspects of Civil Air Patrol is the required FBI background check, and the required Level One Training that includes our Cadet Protection Plan Training (CPPT).
    1. It is unclear, however, regarding changes that have been made in our country recently because of the emergence of Jessica's Law and other State Statutes that affect required reporting of suspected or alleged child physical, sexual or emotional abuse.
    2. This issue is particularly important in the State of Tennessee which is one of 18 states that has enacted statutes making every citizen of the state a mandated reporter of suspected or alleged child physical, sexual or emotional abuse.
    3. Have the National CAP CPPT program managers made the necessary changes to its CPPT material to instruct Squadron Commanders, Group Commanders and Wing Commanders to comply with their state’s Mandatory Reporting Statute requiring them to notify the State’s Child Protective Services Agency prior to any reporting t CAP National HQ? I refer you to Tennessee Code: Title 37 JUVENILES especially 37-1-403 in discussion who is a mandated reporter; (a) (1) Any person who has knowledge of and Title 37-1-605 in discussion who is a mandated reporter; (a) Any person .
    4. Of course, Licensed Health Care professionals are mandated reporters in every state regardless of any instructions set forth by a 501 (c) 3 corporation, although that does not to be clearly spelled out in CPPT reporting instructions.
    5. I am reminded that no Civil Air Patrol regulation restricts Civil Air Patrol members from corresponding with legislators.

/// SIGNED ///

Phillip L. Blansett, Major, CAP

Commander, TN 188

Distribution:

    1. Matthew Sharkey, Colonel, CAP, Commander, Southeast Region
    2. James Rushing, Colonel, CAP, Commander, Tennessee Wing
    3. Bruce Kincaid, Major, CAP Group III

-----Original Message-----

From: Tony Pineda [mailto:ajpineda@nextel.blackberry.net]

Sent: Sunday, September 11, 2005 12:05 PM

TO: Commander@CAP-TN188.com

Subject: Re: REVISED Level 1 Training, CPPT, State Mandatory Reporting of Suspected or alleged Child physical, sexual, or emotional abuse

We have a system that is in the regs that is run bu the atty at HQ on how we do the repoerting in each state.

-----Original Message -----

From: Commander@CAP-TN188.com

Date: Sun, 11 Sep 2005 18:03:27

To: "’Tony Pineda’" ajpineda@nextel.blackberry.net

Cc: "’James Rushing’" jim.rushing@charter.net, msharkey@cap.gov, Bruce_Kincaid@chs.net

Subject: Final Word on Level 1 Training, CPPT, State Mandatory Reporting of Suspected or Alleged Child physical, sexual, or emotional abuse.

General Pineda:

Sir, I had thought that breaking my original letter into two separate letters, one of which is signed and sent by surface mail to the National HQ I.G., would have made things clearer. But I remain confused.

In my attempt to be more clear, I asked you (copy printed below): "Will you, Gen. Pineda, instruct those who administer Level I Training across the United States and its possessions, especially as related to CPPT training, that nothing in Civil Air Patrol’s CPPT program is intended to divert statutorily mandated reporting of suspected or alleged child physical, sexual and/or emotional abuse to the proper investigative civil authorities?

Will you, sir, instruct the Squadron, Group and Wing Commanders to teach that, in addition to the current requirements of temporarily suspending the suspected alleged offender, a Civil Report is to be made by the same to Child Protective Services in the 18 states in which any person possessing knowledge of suspected or alleged child abuse is mandated to report, and in the remaining 32 states to encourage the suspected or alleging victim and his or her parents or custodians to make such a report to Child Protective Services?"

This very focused request serves to underscore how an alleged or suspected victim nd/or alleged or suspected perpetrator and associated memberships, Cadet and Senior alike, must feel if you allow it to stand that, before a child, parent, or Senior Member may report a case of suspected or alleged physical, emotional, or sexual abuse to State Legislative established Department of Human Services Child Protective Services who have statutory to fine, isolate, and perhaps jail citizens who fail to report a case of suspected or alleged physical, emotional and/or sexual abuse must first report it to a 501(C) 3 corporation that has "… system that is in the regs that is run bu the atty at HQ on how we do the repoerting in each state."

What confuses me, sir, if that is your position, what protection is afforded by CAP to those who are considered by the state to be Mandated Reporters, which, in Tennessee is every person with knowledge, but who, because of your position which seems to remain that all cases must be immediately reported up the chain of command so that atty at HQ decides how to do the reporting in each state.

Sir, this is an opportunity for you to get ahead of the approaching curve. Not long ago only physicians were "mandatory reporters" and then a few states have made Any Person a "Mandatory reporter" and it, today, stands at 18, 1/3 of all of our nation, an the movement to require our citizenship to care for the nation’s children is growing.

Your phrase of "… how we do the reporting…" discloses the problem. The report "we do" does not conclude nor relieve the discovering person, whether or not a member of CAP, to make his or her mandated report. More over, by delaying mandated reporting, it allows the child alleged victim to experience retaliation, bullying, and for the alleged perpetrators to move and develop cover stories. As a police trained professional, I’m certain that you know that.

I appeal this final time, sir, asking you to instruct Squadron, Group and Wing Commanders that they are to report alleged and/or suspected abuse to local Child Protective Services –AS- their report journeys up the CAP Pipeline to the attorneys at NHQ.

Thank you, sir, for y our patience in considering this matter. I await your final word on this matter, and I will receive it as a faithful subordinate.

Phillip L. Blansett, Major, CAP

Commander, TN 188

-----Original Message-----

From: Tony Pineda [ajpineda@nextel.blackberry.net]

Sent: Sunday, September 11, 2005 8:36 PM

To: Commander@CAP-TN188.com

Subject: Re: Final Word on Level 1 Training, CPPT, State Mandatory Reporting of Suspected or Alleged Child physical, sexual or emotional abuse

Once again we have that systems in place already. We do notified local enforcement first all over the nation. There is no more m I am in Mississippi now.

Press HERE to return to STARRSWON's Home Page