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Antonio Prado

Gov. Jack Markell and Widener School of Law Dean Linda Ammons answer questions from the press Wednesday regarding Ammons' pending, independent review of state laws and regulations regarding child abuse and exploitation.

  

Yellow Pages

By Antonio Prado
Posted Jan 13, 2010 @ 03:17 PM
Last update Jan 13, 2010 @ 04:48 PM

As a parent, Gov. Jack Markell is horrified by consistent allegations of sexual abuse committed by Lewes pediatrician Earl Bradley, who authorities say sexually assaulted children at his practice, and the failure of the state to prosecute him earlier.

“These crimes can never be forgiven and will not be forgotten,” Markell said at a press conference held Wednesday, Jan. 13, at Widener University Law School in Brandywine.

Bradley was arrested on Dec. 13 of this year. Parents and others complained to local police about Bradley as early as 2005, but the attorney general's office determined there was insufficient evidence to prosecute.

“The bottom line is that the system failed these Sussex County children,” Markell said.

Markell has asked Widener Law School Dean Linda L. Ammons to lead an independent review of state law and procedures governing child abuse and exploitation. Markell praised Ammons’ knowledge of the law, calling her an exceptional leader with an exceptional résumé.

“While the Attorney General’s Office will prosecute what laws were broken, the independent review will determine if the proper laws are in place,” he said. “This situation demands tough questions.”

The independent review of Delaware law and procedures governing child abuse and exploitation include:

1. Professional reporting requirements for suspected incidents of misconduct and the enforcement thereof
2. Professional licensing requirements, procedures and enforcement, including comprehensive background checks and procedures for ongoing review
3. Medical standards and protocols around proper pediatric care and the publication thereof to ensure that doctors, medical staff and parents have clear guidance
4. The sufficiency of outreach efforts regarding reporting requirements, so that those with legal obligations to report questionable behavior do so
5. Proper communication and coordination between law enforcement agencies, professional regulators and the medical community
6. Ensuring that adequate services are provided for the protection and treatment of children suspected of being sexually abused in order to protect them from further harm

Attorney General Beau Biden, who took office in 2007, expressed support for the independent review.

“In the meantime, my office will continue to pursue Dr. Bradley to the fullest extent of the law and get to the bottom of who may have violated Delaware’s current reporting requirements,” he said in a prepared statement.

Ammons said she is humbled to be chosen for this work, but she wishes she did not have to examine “something filled with horrific actions.”

Her work on the independent review falls within the community pro bono work that Widener emphasizes as part of its mission, Ammons said. Markell called her when she was attending the Association of American of Law Schools conference held in New Orleans to speak about just that.

“We’ll attempt to find ways to ensure that this does not happen again,” Ammons said.

When asked by the local press whether there would be updates of the independent review, Ammons said it would be difficult to bear that task while conducting her investigation.

“It’s not that I don’t want to talk to the media. This is very complicated … and a good lawyer or a good journalist, for that matter, gets the facts,” she said. “First, I want to master the facts; investigations are like peeling an orange or an onion.”

Among other things, Ammons served as executive assistant to former Ohio Gov. Richard F. Celeste from 1988 to 1991, overseeing criminal justice policy, and also served on the Ohio Supreme Court Futures Commission that worked to improve the court system.

When asked about the timeline of the review, Markell said he asked Ammons to have a report prepared before the state legislature disperses in June.

Ammons will not have subpoena power, but if any state agencies do not comply with her requests for information, they will be dealt with, Markell said.

Ammons said her review would include a look at best practices among other states in her quest to see how Delaware’s system to protect children can be improved.

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