TITLE Protecting Children in Day Care: Building a National Background Check System
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DOCUMENT RESUME ED 352 199 PS 021 019 TITLE Protecting Children in Day Care: Building a National Background Check System. Hearing before the Committee on the Judiciary, United States Senate, One Hundred Second Congress, First Session on the National Child Protection Act of 1991. INSTITUTION Congress of the U.S., Washington, D.C. Senate Committee on the Judiciary. REPORT NO ISBN-0-16-038748-5; Senate-Hrg-102-649 PUB DATE 12 Nov 91 NOTE 181p.; Serial No. J-102-44 AVAILABLE FROM Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 (Stock No. 552-070-128-46-8, $6). PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MF01/PC08 Plus Postage. DESCRIPTORS *Child Abuse; *Child Advocacy; *Child Caregivers; *Day Care; Early Childhood Education; Hearings; *Sexual Abuse IDENTIFIERS *Child Protection; Congress 102nd; Criminal Records; *Employee Background Checks; Proposed Legislation; Winfrey (Oprah) ABSTRACT In his opening statement at this hearing, committee chairman Senator Joseph Biden mentioned the National Child Protection Act of 1991; praised Oprah Winfrey's efforts to support programs and legislaLion to prevent sexual abuse of children; presented data on the incidence of sexual abuse of children in the home and in day care centers; and discussed the implementation of a national system of conducting background checks on individuals who apply for employment in child care occupations. Eight other senators who were members of the committee presented statements. Oprah Winfrey presented a statement in which she discussed the implementation of a background check system, explained how children who are sexual abuse victims often blame themselves for their abuse, and described the experiences of sexually abused children as they mature. Five other individuals offered verbal and prepared statements on the implementation of the background check system, presented data on child sexual abuse, and commented on issues related to the sexual abuse of children. (BC) ********************************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. *********************************************************************** es S. HRG. 102-649 PROTECTING CHILDREN IN DAY CARE: BUILDING A NATIONAL BACKGROUND CHECK SYSTEM criz U.S. DEPARTMENT OF EDUCATION Ottsce of Educational Research and Improvement EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) This document has been reproduced as received from the person or organization originating d Minot changes have been mad* to improve reproduction quality CeZ Points of view c opinions stated in thisdocu- HEARING ment do not necessarily represent official OERI position or policy BEFORE THE Pr4 COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED SECOND CONGRESS FIRST SESSION ON THE NATIONAL CHILD PROTECTION ACT OF 1991 NOVEMBER 12, 1991 Serial No. J-102-44 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 65-799 WASHINGTON : 1992 Fur sale by the U.S. Government Printing Office Superintendent of Documents. Congressional Saks Office. Washington. DC 20402 ISBN 0-16-038748-5 2 BEST CM AVAILABLE tt COMMITTEE ON THE JUDICIARY JOSEPH R. BIDEN, Ja., Delaware,Chairman EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina HOWARD M. METZENBAUM, Ohio ORRIN G. HATCH, Utah DENNIS DECONCINI, Arizona PATRICK J. LEAHY, Vermont ALAN K. SIMPSON, Wyoming HOWELL HEFLIN, Alabama CHARLES E. GRASSLEY, Iowa PAUL SIMON, Illinois ARLEN SPECTER, Pennsylvania HERBERT KOHL, Wisconsin HANK BROWN, Colorado RONALD A. ICuart, Chief Counsel JEFFREY J. Nee, Staff Director TERRY L. Woorriv, Minority Chief Counseland Staff Director CONTENTS OPENING STATEMENTS Page Biden, Chairman Joseph R., Jr 1 Thurmond, Hon. Strom 4 Simon, Hon. Paul 5 Grass ley, Hon. Charles E 6 Hatch, Hon. Orrin G 7 Simpson, Hon. Alan K 7 Durenberger, Hon. Dave 17 DeConcini, Hon. Dennis 19 McConnell, Hon. Mitch 68 CHRONOLOGICAL LIST OF WITNESSES Winfrey, Oprah, television personality and child abuse activist 9 Panel consisting of: Linda Williams, research associate professor, Family Research Laboratory, University of New HamEshire; Gordon Hardy, inspec- tor general, Texas Department of Human cervices; Gordon G. Martin, Washington representative, Kinder-Care Learning Centers, Inc., La Petite Academy, and the National Child Care Association, and John Walsh, board member, National Center for Missing and Exploited Children 36 Sokola, David P., State senator, State of Delaware 72 ALPHABETICAL LIST AND SUBMITTED MATERIAL Hardy, Gordon: Testimony 44 Prepared statement 46 Martin, Gordon G: Testimony 54 Prepared statement 57 Sokola, David P.: Testimony 72 Prepared statement 74 Walsh, John: Testimony 61 Williams, Linda: Testimony 36 Prepared statement 41 Winfrey, Oprah: Testimony 9 Prepared statement 26 APPENDIX "A National Plan of Action to Identify Predatory Child Abusers Who Engage in Employment of Activities Involving Children," dated Oct. 22, 1991 77 .4. PROTECTING CHILDREN IN DAY CARE: BUILD- ING A NATIONAL BACKGROUND CHECK SYSTEM TUESDAY, NOVEMBER 12, 1991 U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC. The committee met, pursuant to notice, at 10:08 a.m., in room SD-226, Dirksen Senate Office Building, Hon. Joseph R. Biden, Jr. (chairman of the committee), presiding. Present: Senators Biden, Metzenbaum, Thurmond, Hatch, Simp- son, Grass ley, and Brown. The CHAIRMAN. Good morning. [Laughter.] - What's the story? You say good morning and everybody says something, and I say good morning and nobody responds. I don't understand it. Usually, it starts off that way, I say good morning and everyone stands and claps when the Senator from South Caro- lina walks in the room. I want you to know, Ms. Winfrey, before we beginby the way, welcomethat this is a typical hearing for us. I just want you to know that your presence here has had no impact on the press or anyone being here. We are so delighted that you are here, we really are. Ms. WINFREY. Thank you. OPENING STATEMENT OF CHAIRMAN BIDEN The CHAIRMAN. We are even more delighted, quite frankly, with the intense interest you have shown in the subject that this com- mittee, and not just this committee, but I believe every member of Congress, as well as the White House, has a keen concern in. Today's hearing addresses a problem that I believe is one of the most threatening dangers confronting our Nationthe tragedy of child abuse. More than simply decrying the tragic extent and the terrible consequences of child abuse, however, today's hearing will bring to light an important weapon in the fight against child abuse. The committee will hear testimony from Ms. Oprah Winfrey, a woman we all know as both a television personality and aleader in the fight against child abuse, and, in my view, one of the finest ac- tresses that exists today. Today, Ms. Winfrey brings before the committee not only her passion, energy, and commitment to this cause, but also a concrete proposal to fight child abuse. (1) U 2 Ms. Winfrey's testimony here today is the foundation fora legis- lative plan that Ms. Winfrey has askedme and others to introduce, and I will be introducing it, with Senator Thurmond andother Senators, later this week. It is referred toas the National Child Protection Act of 1991. I might at this point pay special tribute to Governor Thompson of Illinois, whom Ms. Winfrey had gone to earlier in theyear, or maybe even before that, I am not sure exactly when, and asked for his legal and political judgment on how to deal with this horrible problem, and I want at the outset to give him and his staff credit for the drafting of the legislation thatwas proposed by Ms. Win- frey to me, as the chair of the committee, and to others in the Senate. Governor, welcome today. It is a delight to haveyou here. It is a pleasure working with you. Ms. Winfrey's plan builds upon the work done,as Governor Thompson pointed out in the proposal package he submitted to the committee, in this area over the past 7 years, begir :ing with the DeConcini-Miller bill. George Miller, a House Member from Cali- fornia, has been a leader in this fight on child abuse, and Senator DeConcini and he, some years ago, introduceda bill, and then much later, the Reid-Biden amendment, and after that, the McCon- nell bill, just to name three bills that have attempted to deal with the same subject matter that is being dealt with here today, that encompass the same basic proposal that is the core of this legisla- tion. This legislation, in my view, makesa very valuable contribution in this field, by adding a new and, inmy view, the best yet propos- al of those that have come before it, in order to deal with at least one aspect of child abuse. The idea behind Ms. Winfrey's proposal is simple, that is,we must do everything we can to detect convicted criminals before they are hired as child care workers, not after another tragedy takes place. If such a plan could stop justone abuser, it would be worth it. But as today's hearings will show, I believe, itseems likely that a comprehensive national background check system would block lit- erally thousands of dangerous criminals from obtaining jobs in the day care field. To understand just how vital it is thatwe act today, we need only to review the epidemic proportions of child abuse in America: More than 2,500,000 reports of child abuse and neglectare made each year-2,500,000, that is what is reported eachyear. That does not account for the potentially tens or hundreds of thousands of cases that are not reported each year. Nationwide, arrest for offenses against childrenrose faster than any other crime from 1969 to 1990. Between 1985 and 1990, the Nation saw a 31-percent increase in the reported incidents of child abusethree times the increase in child abuse in the previous 5- year period.