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Call a kid FAT and get on some secret child abuse registry;affect pemit or gun rights

davidmcbeth

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http://www.nbcconnecticut.com/news/...rweight-Student-is-Child-Abuse-264921911.html

A retarded ruling ...

The Connecticut Supreme Court has ruled that a New Haven teacher's name-calling was enough to justify putting him on the state's central registry of child abusers.

http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR312/312CR36.pdf


CT gone crazy .... I can see termination ... ya cannot call fat people fat in today's society ! [looking at the court opinion, I think that this teacher went too far but the court was pretty liberal in what could be termed "abuse" IMO.]
 
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Maverick9

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Unless I read it wrong, you're incorrect.

1. The plaintiff was pinching the child and giving him punishment - get pinched or miss lunch.

2. The plaintiff was warned about 10 times until he was suspended because he called the child 'turtle' (or fat depending on the story). But the 'because' was not that single instance or the words, it was he had exceeded the warning tolerance amount (or something like that).

3. The plaintiff was scheduled to be put on the registry but the ruling was reversed at this point.

Extremely egregious conduct, physical contact of a painful nature against being denied food.

Is it potentially precedent setting. May-bee but uh, I'd say no.

Good info though. TIA.
 
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skidmark

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Let's see if davicmcbeth is spouting BS again

1 - that "secret" registry: The registry is not available for unrestricted public access. That seems to be consistent with the child abuse/neglect registries of the rest of the states/territories and Insian reservations. That provision was to protect the confidentiality of the child victim but does have the side effect of protecting the identity of the perpetrator. Access by others than courts, law enforcement, and social services to the list can be obtained, directly or indirectly for a variety of reasons, including determining if a person has by virtue of being placed on the list is legally barred from certain occupations or privileges.

2 - The record clearly shows that the teacher did more than merely call the kid "fat". Whether the touching that the teacher did rises to the definition of "Assault in the 3rd Degree" was never determined, according to the court decision.

According to CT statutes, conviction of Assault in the 3rd Degree is one of the 10 reasons a person can have their firearm permit revoked.

Absent a record of conviction of Assault in the 3rd Degree, the claim that this decision affects permit or gun rights is speciious at best, unless the OP can provide a citation that supports being placed on the Child Abuse/Neglect Registry as statutory/regulatory reason for revocation of a gun permit or "gun rights" (whatever those might be in this case).

3 -
[looking at the court opinion, I think that this teacher went too far but the court was pretty liberal in what could be termed "abuse" IMO.]

The law http://cga.ct.gov/2012/sup/chap815t.htm#Sec46b-120.htm says:
(7) A child or youth may be found "abused" who (A) has been inflicted with physical injury or injuries other than by accidental means, (B) has injuries that are at variance with the history given of them, or (C) is in a condition that is the result of maltreatment, including, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment

Let's work that backwards:

a) the record seems to clearly support a finding that the child was "in a condition that is the result of ... emotional maltreatment [and] cruel punishment".

b) the child's decline in school performance, expressed fear of going to school, and bedwetting are all alleged to be directly linked to the actions and behaviors of the teacher.

c) the actions and behaviors of the teacher appear to have been for the purpose of publically humiliating and/or shaming the child.

I'm thinking that davidmcbeth defines "child abuse child abuse" the same way that Whoopi Goldberg defined "rape rape". Sadly for him, the law in Connecticut does not see things the same way.

Let's recap:

Secret child abuse registry? Nope. Folks know about it, and folks who are put on it are, unlike the TSA no-fly list, told they are on the list, the reason they are on the list, and offered a procedure to challenge the decision to have been placed on the list and to have their names taken off the list.

Affect permit or gun rights? Maybe I missed it, but I'm pretty sure I covered the ground. Being put on the Child Abuse/Neglect Registry is not statutory grounds for revoking a CT gun permit or otherwise affecting "gun rights" (which I am presuming refers to the right to keep and bear arms in spite of all the infringements the feds and CT government have imposed).

BS detector seems to be pretty much pegged at the 100% horse hockey level.

If the OP cares to show me where I have made any errors I am ready and willing to hear from him and assess any legal citations he cares to provide in defense of his positions.

stay safe.
 

cjohnson44546

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I have no sympathy for child abusers, throw the book at them... there was physical and emotional abuse over a period of time, not just a name calling.
 

davidmcbeth

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I have no sympathy for child abusers, throw the book at them... there was physical and emotional abuse over a period of time, not just a name calling.

Read the opinion .. I think that the judge actually open up someone being deemed a child abuser just if you call a kid fat.

Just calling a kid fat should not make one a child abuser. This teacher, as I stated in my 1st post, seemed to have crossed the line (due to touching being involved)...I don't think just calling a kid fat is enough to be child abuse.

A kid could have emotional issues just from once being called fat....
 
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