Jason Kutulakis, senior partner of Abom & Kutulakis LLP in Carlisle, joined the Pennsylvania Child Abuse Task Force last January. “Usually what happens is a band aid approach, where one piece of legislation is passed at a time,” Kutulakis said. “This was a comprehensive overhaul to child abuse laws which hasn’t been done in 20 years.”

For one Carlisle lawyer, the Jerry Sandusky scandal wasn’t just a tragedy — it was the failure of an “antiquated” child protection law that is in need of a complete overhaul.

Jason Kutulakis, senior partner of Abom & Kutulakis LLP in Carlisle, joined 10 other attorneys, doctors, judges, social workers and education officials on the Pennsylvania Child Abuse Task Force last January. Their mission: suggest revamps to the child protection law so that perpetrators, such as Sandusky, will never again slip through the cracks and evade prosecution for so long.

“Usually what happens is a band aid approach, where one piece of legislation is passed at a time,” Kutulakis said. “This was a comprehensive overhaul which hasn’t been done in 20 years.”

The task force released a 445-page final report Tuesday, detailing their recommendations for state legislators to best address the current law.

Pennsylvania’s child abuse law, as it stands, defines child abuse through the narrow lens of physical violence, leaving those responsible for reporting suspected sexual abuse in a cloud of uncertainty.

“We have striven in our deliberations to recommend courses of action and legislative changes which will improve the protection of children in this Commonwealth, first and above all else,” said task force chairmain David W. Heckler in the opening pages of the report.

“While we didn’t provide specific language, we made recommendations for the use of child advocacy centers and the mandate to utilize multidisciplinary investigative teams in each county,” Kutulakis said.

The report recommends expanding definitions under the current law, including child abuse, mandated reporter and perpetrator, as well as establishing a multidisciplinary investigative team for every county in the state, granting immunity to all mandated reporters and requiring employees of colleges and universities be prosecuted for failure to report suspected child abuse.

“We recognize that the Sandusky and Philadelphia Archdiocese scandals have made child abuse prevention a hot topic for now,” Heckler said. “History tells us that once there has been a legislative response, there will be a tendency for the subject to then move to the back burner where it may languish for years. Children will be far better served if there is a continued attention and gradual evolution of our policies, and we hope that our proposals will make that more likely.”

Kutulakis said the task force based these recommendations off the testimony of professionals, experts, stakeholders and the parents of victimized children given over an 18-day period last January.

“They all provided their position on what was wrong with the system and provided some proposed solutions,” he said. “We (the task force) continued to meet beyond those days for countless hours to create this report.”

After 11 months of drafting, Pennsylvania legislators finally received the chance to read and respond to the task force’s report on Tuesday.

Rep. Stephen Bloom, R-199, applauded the task force’s efforts and said he thinks legislation to implement the recommendations will be widely supported in the state house.

“There is a lot of anticipation for this report and I believe my colleagues are going to be eager to move swiftly toward implementing the bulk of the recommendations,” he said. “Obviously the Sandusky case exposed a lot of deficiencies in the current laws, so I am eager to work with the governor toward implementing many of the recommendations from the task force so that we can protect victims more effectively and sooner.”

Sen. Pat Vance, R-31, said the report included many “good things.”

“I do like the fact that the person reporting (the abuse) is granted immunity,” she said. “That will hopefully encourage people to report suspected abuse without fear of losing their job.”

Vance said she has proposed legislation in the past aimed at implementing training programs for mandated reporters and expanding their protection from reprehension, but received no support from the state senate.

Ultimately, Vance said the bill’s recommendations, although beneficial, come at an unknown cost to the Commonwealth.

“Some of the definitions can be easily changed,” she said. “The investigative team is all good stuff, but we don’t know how much it’s going to cost.”

Kutulakis said the recommendations are both immediate and long-term, but well worth the investment.

“If this report is adopted in its entirety,” he said, “Pennsylvania will be a leader is child abuse prevention, investigation and prosecution. Placing a victim child’s needs above all else will revolutionize our system.”

Courtesy of Christen Croley, The Sentinel

Task force member Jason Kutulakis, a Carlisle attorney at Abom & Kutulakis, L.L.P., said he considered the most pressing recommendation be the expanded use of multidisciplinary investigative teams and additional child advocacy centers, so that they are located within a 90-minute drive of any Pennsylvania child.

HARRISBURG, Pa. (AP) — Pennsylvania should enact sweeping changes to its child abuse laws, including stronger penalties for failing to report the crime, a legislative commission concluded Tuesday after a year of study prompted by Jerry Sandusky’s arrest on molestation charges.

The Pennsylvania Task Force on Child Protection recommended rewriting state law, redefining what constitutes child abuse and expanding the list of people who are required to report suspected abuse.

“We propose a transformation in the way information concerning child abuse is handled and maintained, the way in which crimes against children are investigated in parts of the state, and the way in which those with a responsibility for the well-being of children are trained,” said David Heckler, the Bucks County district attorney who chaired the panel.

The recommendations are nonbinding and will probably require a set of as-yet-unwritten bills for the Legislature to consider when it convenes for a new two-year session in January.

“Strengthening these laws must be done as soon as possible, but we should recognize that it cannot be done overnight,” Heckler said.

The Republican leader in the state Senate praised the report and said he expected some bills would move to the governor early next year, saying there would be swift action in some cases.

“We are fully prepared to commit the time and effort necessary to make our state safer for children,” said Majority Leader Dominic Pileggi.

Sandusky, a 68-year-old former Penn State assistant football coach, is serving a 30- to 60-year state prison sentence after being convicted this summer of 45 counts of sexual abuse of 10 boys. He maintains his innocence and is pursuing appeals.

Heckler acknowledged that the Sandusky and Roman Catholic priest molestation scandals provided the impetus for the creation of the task force but said the panel took a wider view.

“What we did here is not a knee-jerk reaction to anything. It is a seizing of the opportunity to look at the whole system” and gather advice from experts, he said.

One of its proposals, to increase the use of investigative teams from various fields for child abuse cases, may have prevented additional victims after Sandusky’s acts drew the attention of police and child welfare workers more than a decade before his arrest, Heckler said.

“I firmly believe if there had been a multidisciplinary team in Centre County in the late ’90s and early 2000s, that you would have heard about Jerry Sandusky then,” he said.

Dr. Cindy W. Christian, a child-abuse pediatrician at Children’s Hospital of Philadelphia and professor of pediatrics at the University of Pennsylvania, said the proposed expansion of the definition of child abuse in Pennsylvania is central to the recommendations.

The present definition “is so narrowly defined that what is child abuse in every other state in this country is not necessarily child abuse in Pennsylvania,” said Christian, a task force member.

Under current law, children have to show they experienced severe pain in order to substantiate abuse claims. The 11-member task force said that requirement should be eliminated and a lower bar established.

Other highlights of the recommendations include enlarging the pool of people labeled as “perpetrators” under one state law. Task force members said such a change would get more children help from county agencies, help authorities identify more abusers, provide a more complete picture of the amount of abuse and likely lead to more criminal investigations.

The task force also suggested setting harsher penalties when people who are required to report abuse fail to do so.

Those who should be required to report suspected abuse also should be expanded to include college administrators and employees, coaches, lawyers and computer repair people who encounter images of child abuse, the committee said.

The definition of sexual abuse also should be expanded to include sexually explicit conversations, the panel said.

Under the recommendations, more people would find themselves subject to the child endangerment criminal statute, including anyone who knowingly acts to prevent police or child welfare workers from learning of abuse in order to protect someone.

Task force member Jason Kutulakis, a Carlisle attorney, said he considered the most pressing recommendation be the expanded use of multidisciplinary investigative teams and additional child advocacy centers, so that they are located within a 90-minute drive of any Pennsylvania child.

Three Penn State officials face related charges for their actions in response to complaints about Sandusky acting inappropriately with children in Penn State showers: the university’s former president Graham Spanier, former athletic director Tim Curley and former vice president Gary Schultz. Each has said he is innocent.

by The Associated Press – Courtesy of NPR

CHILD PROTECTION IN PENNSYLVANIA: PROPOSED RECOMMENDATIONS REPORT OF THE TASK FORCE ON CHILD PROTECTION (Released 11/27/12)

View Report – Child Advocate, Attorney Jason Kutulakis Committee Member

Homicide suspect was on bail at time of killing

CARLISLE, Pa. (WHTM) –

Police say the man who led Sunday night’s murder of a Hess gas station clerk was released from Cumberland County Prison on $125,000 unsecured bail only 11 days earlier.

Earlier this month, Shante Rice, 19, was charged with a recent burglary spree in Carlisle in which two men were caught trying to sell stolen jewelry and a car was stolen. On November 7, Rice was released from prison.

Before that incident, Rice was charged with several other crimes, including theft, harassment, corruption of minors, receiving stolen property and trespassing.

Still, legal experts say bail is relative to the crime someone has been charged with, and is not meant to be a punishment.

Jason Kutulakis, of Abom and Kutulakis law firm, explained the main purpose of bail is to secure an upcoming court appearance.

“Bail is a tool that’s set by the Magisterial District Judges,” he said, “It’s primary purpose is to compel the accused, the defendant, to appear at a hearing that is going to be scheduled in the future.”

According to court documents, nobody was present during the burglaries Rice was charged with in early November. It is important to note that the judge may have considered that fact when determining bail.
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Courtesy of ABC27 – Jeannie Flitner

Sanduskey Asks Judge to Throw Out Conviction


John Abom Comments – Courtesy of ABC27

What’s next for Sandusky?

BELLEFONTE, Pa. (WHTM) –

Through a hurricane of camera clicks, Sandusky did not speak a word as he was led from the Centre County Courthouse after learning he will spend at least the next 30 years in prison.

Wearing a red prison jumpsuit and holding a manila envelope, the 68-year-old convicted child rapist was put into a sheriff’s office cruiser Tuesday and hauled off to the Centre County Prison for the next 10 days.

What’s next?

Barring any delay by post-sentence motions, Sandusky is expected to be transferred to the state prison in Camp Hill late next week. As part of standard procedure he will be strip searched, showered, and handed a dark state prison uniform.

Fran Chardo, First Assistant District Attorney for Dauphin County, said Sandusky will then undergo a full evaluation process.

“They’ll decide what prison to send him to,” Chardo said. “That might take six to eight weeks for them to classify him.”

Sandusky will receive a medical and mental health checkup. His escape risk and suicide threat risks will be calculated.

Chardo said Sandusky most likely will not serve out his 30- to 60-year sentence in Camp Hill. Based on the results of the evaluations, he likely will be transferred to another state prison.

Legal experts said because of Sandusky’s age, he may be transferred to a state prison that specialized in geriatrics. Correctional facility officials will also take into account Sandusky’s high-profile status. Because he is a convicted child predator, many understand that is a vulnerable label among the inmate population.

Carlisle attorney Jay Abom said corrections officers are obligated to protect him.

“That might mean solitary confinement because they can be assured that nobody is going to cause him any harm,” Abom said.

The 10-day window will allow attorneys to file any post-sentencing motions. Sandusky’s defense attorney, Joe Amendola, had said he plans to file motions regarding procedure.

Abom said that after the post-sentence motions are filed, the next step is to appeal the case to the Pennsylvania Superior Court. Amendola is also expected to file complaints that the defense team was not given enough time to prepare for trial.

Abom said Amendola has been allowed to file post-hearing evidence and is allowed to do so until Sandusky’s death. That is why Sandusky has maintained his innocence, according to Abom: to resolve himself from conflict when appealing the convictions.

However, in Abom’s legal opinion, the defense has no chance.

“That they haven’t done so four months later tells me that there’s nothing out there they’re going to find,” Abom said.

Kathleen Kane, the Democratic candidate for state attorney general, believes the Sandusky scandal will become a positive beacon for transparency. She said that if elected, she will make sure all sex abuse victims have a voice.

Currently, the statue of limitations to report sex abuse crimes is under scrutiny.

“It’s an arbitrary number to state that at the age of 50 a person who was the victim of child sex abuse ought to be able to come forward and say the most horrific acts that ever occurred to them,” Kane said. “We need to make sure that statute is taken away.”

Kane’s Republican opponent, Cumberland County District Attorney David Freed, also reacted to Sandusky’s sentence in a statement.

“I, along with my law enforcement colleagues across Pennsylvania, am incredibly grateful to the courageous victims of these crimes who came forward, as adults, to tell their horrific stories,” Freed said. “Without the cooperation and resolve of these victims, there would be no case and another predator would be walking our streets free to harm again.”

Courtesy of ABC27 – By Dave Marcheskie

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Pa. lawyers launch child abuse reporting ed effort

HARRISBURG, Pa. — Pennsylvania lawyers are teaming up to educate the public about reporting suspected child abuse.

The state bar association and 36 county bar associations announced a campaign Monday that focuses on the Child Protective Services Law and how people can alert authorities to suspected abuse.

They’re spreading the word about the state-run ChildLine for abuse reports, which is available at all hours at 800-932-0313.

State law makes some people mandatory reporters of suspected abuse, including certain workers in education and health care.

Figures from last year indicate more than 24,000 cases of suspected abuse were reported last year, and about 3,400 were substantiated.

Thirty-four children died from abuse in the state in 2011, with parents responsible in about three out of four of those cases.

Courtesy of The Associated Press

Jason Kutulakis was a member of the Pennsylvania Supreme Court Juvenile Procedural Rules Committee (2001-2007) and the Pennsylvania Bar Association’s Children’s Rights Committee. He was selected by the Pennsylvania Bar Association Children’s Rights Committee. as the 2006 Child Advocate of the Year for his outstanding advocacy work on behalf of children throughout the Commonwealth. He is the solicitor for Dauphin County Social Services for Children and Youth.

Public education campaign begins on how to report child abuse

The Pennsylvania Bar Association launched a public education campaign Monday, focusing on the right steps to take when it comes to reporting child abuse.

The campaign is aimed at showing what’s expected under the Pennsylvania child protective services law.

Under the law, adults working with children must report suspected child abuse or they could face thousands of dollars in fines.

“We’re trying to highlight how easy it is to report perceived instances of child abuse,” commented Tom Wilkinson. “The access and resources that are available, by the people of the Department of Welfare who are available around the clock and answer those kinds of questions and concerns and investigate good faith reports of child abuse.”

Courtesy of CBS21 -Nate Wardle

Jason Kutulakis was a member of the Pennsylvania Supreme Court Juvenile Procedural Rules Committee (2001-2007) and the Pennsylvania Bar Association’s Children’s Rights Committee. He was selected by the Pennsylvania Bar Association Children’s Rights Committee. as the 2006 Child Advocate of the Year for his outstanding advocacy work on behalf of children throughout the Commonwealth. He is the solicitor for Dauphin County Social Services for Children and Youth.

Pennsylvania Bar Association launches public education campaign about reporting suspected child abuse



Thirty-four children died in Pennsylvania last year from child abuse, and more than 3,400 cases of reported child abuse were substantiated. A total of 24,378 cases of suspected abuse were reported.

Those statistics along with the high-profile case of Jerry Sandusky’s child sex abuse conviction shine the light on this problem and the need to raise awareness of it. Representatives from the Pennsylvania Bar Association and other children’s advocates gathered in the Capitol Rotunda to announce the launching of a public education campaign to encourage anyone who has a reasonable suspicion of a child being abused to report it.

A copy of an informational brochure talking about child abuse and how to report it is available from the bar association’s website.

“Bottom line, all of us have a duty to protect children,” said Tom Wilkinson Jr, president of the Pennsylvania Bar Association.

The campaign’s message is to take action if a case of child abuse is suspected. That involves calling ChildLine, which is staffed around the clock, at 800-932-0313.

“You don’t have to give your name to make a report about child abuse,” Wilkinson said.

Bruce Beemer, chief of staff to state Attorney General Linda Kelly, said mandated reporters, or those whose professions or positions bring them in contact with children, have a legal obligation to report suspected abuse. But those who are not mandated, he said, “certainly have a moral obligation to step up and do the right thing even if the law doesn’t require it.”

Among the questions that are often asked is whether people can get in trouble for reporting suspected abuse, Beemer said “the standard under which a person is permitted to report without triggering any sort of problem is reasonable suspicion. It’s a very low standard and intentionally so because we want people to step forward and protect children.”

He said another question is whether someone can get in trouble if the suspected abuse they report is unfounded. “If you are acting in good faith out of concern for the welfare of the child, you will not be sued or prosecuted successfully. On the other hand, if you make your report out of malice or to intentionally damage someone by lying about them, you very likely will have legal troubles and you will have earned them.”

Courtesy of JAN MURPHY, The Patriot-News

Jason Kutulakis was a member of the Pennsylvania Supreme Court Juvenile Procedural Rules Committee (2001-2007) and the Pennsylvania Bar Association’s Children’s Rights Committee. He was selected by the Pennsylvania Bar Association Children’s Rights Committee. as the 2006 Child Advocate of the Year for his outstanding advocacy work on behalf of children throughout the Commonwealth. He is the solicitor for Dauphin County Social Services for Children and Youth.

Encouraging Folks to Report Child Abuse


Jason Kutulakis Featured – Courtesy Fox43 News

Jason Kutulakis was a member of the Pennsylvania Supreme Court Juvenile Procedural Rules Committee (2001-2007) and the Pennsylvania Bar Association’s Children’s Rights Committee. He was selected by the Pennsylvania Bar Association Children’s Rights Committee. as the 2006 Child Advocate of the Year for his outstanding advocacy work on behalf of children throughout the Commonwealth. He is the solicitor for Dauphin County Social Services for Children and Youth.