Thursday, April 15, 2010

Were TLC Employees Cleared As Legally Required by PA?

I was chilled by the testimony of the Kreiders at Rep Murt's child labor law hearings yesterday, detailing occasions when the Gosselin children were left alone with cameramen and other adults related to the production of J&K+8, in the woods, in the childrens' bedrooms and bathrooms, and other places in the normal course of daily filming.

Have all the adults who've worked with the Gosselin children gone through the legal clearances that are required when working with children in the Commonwealth of Pennsylvania? These include the PA and federal criminal records and child abuse clearances that are required of all teachers, child care workers, and anyone whose work normally and regularly brings them into contact with children. I am a volunteer at a local agency that assists children in Berks County and even though I rarely actually come in contact with the children served by that agency, mine are regularly updated as required by law.

So much of yesterday's testimonies revealed the lack of privacy in the children's lives. All children should be given information that helps them stay safe regarding their personal boundaries, what is acceptable treatment toward them and what is not, and what to do & who to tell if anything inappropriate happens or if they feel uncomfortable or violated in any way.

The sexual abuse of children is epidemic in this country. How much higher is it in an industry that is primarily concerned with creating images and selling air space rather than the safety and well-being of the children?

29 comments:

Mocha said...

Where are they supposed to get their clearances from? Did they break the law? Clearances sound like a good idea to me. I feel a little sorry for that crew though. I watched Kevin's testimony and he kinda sorta made the crew sound creepy. Did you get that feeling?

Werny Gal said...

Hi mocha, they should have been given the forms to fill out somewhere along the line of TLC getting permission to filmthe children. It's the kind of thing that may have slipped through the cracks because our laws are lax in PA. Everyone involved in the production should have filled them out, sent them in and then gotten them back to be filed until they expire. It's illegal to start filming unless they have gotten the forms back.

I provided a link to the forms in my blog entry.

Mocha said...

Hi Werny Gal,
That link was for school employees and outside contractors working in schools. Is there another law for working with kids outside of schools? Like the YMCA or scouting prgrams? Isn't the crew from another state? Would they get the clearance from Penna. or the other state? Is this something the lawmakers should maybe look at too?

Werny Gal said...

HI mocha, the clearances are the same for anyone working with kids. That page just happens to discuss school employees, but it's the same for others working in any capacity wqith kids:
Pennsylvania State Police Request for Criminal Records Check (Act 34). Applies to individuals hired as of January 1, 1986.
Department of Public Welfare Child Abuse History Clearance (Act 151)
Federal Criminal History Record Information (CHRI) in a manner prescribed by the Department of Education.

mommyinca said...

WG~ Thank you for the great insightful posts lately.

Have you heard any feedback in your area from those hearings the other day? Do people support Jodi and Kevin? I really hope they do and I wish more of their family and friends would speak out on what they saw during filming.

GeorgiaMom said...

Probably, and hopefully, the crew were normal people, parents themselves. But, and I can speak from experience, you absolutely cannot be 100% sure of anyone. I have been shocked more than once with people I thought were wonderful sane adults who did horrible things. You just never know and the crew should have had a criminal background check done at the very least when working closely with children. Jon and Kate are idiots about their children's privacy. Sometimes there are those parents who do not protect their kids and this is the case here. These two are bottom dwellers, IMO.

gosselin watcher said...

Hi Werny Gal,

Thanks very much for sharing the written testimony with us. Rebecca Gullen's was excellent and Paul Petersen's thought-provoking.

I believe that most states now require CORI checks for anyone working with children and vulnerable adults. I even had to aurthorize a check before I could volunteer as a Hospice volunteer in my state! No problem if, as in my case, your record is crystal clear. It is a basic requirement for the safety of vulnerable populations.

TLC/Discovery, IMO, wilfully and purposefully chose to exploit every possible loophole in the existing PA Child Labor Law. So I can't imagine that they bothered to comply with a criminal records check. It appears that the Dept of Labor really dropped the ball on Jon and Kate + Eight.

However, it seems that the sub-committee took this issue very seriously -- there was shock on quite a few faces on the video.

I wish the Legislators the best as they attempt to close the loopholes with new tighter legislation.

Werny Gal said...

Hi Mommyin..., no, I haven't heard anything, but the Gosselins are old news around here and people are sick of hearing and talking about them. I don't hear nearly as much now as I did when they were new to town.

Georgiamom, you're right, you never can be 100% sure of anyone. All of us have known people who cheated on their partners, stole from their workplace or did other bad things and they appeared to be perfectly nice people. Child abuse is epidemic, so someone has to be doing it, right?

It probably wouldn't occur to J&K that someone could touch their children inappropriately, just like it doesn't occur to most of us, especially when the adults around them seem nice. The problem is, over 90% of the time it's not strangers. Instead, it's someone the child is acquainted with, whch makes it harder to recognize as their being tricked, and harder to say No to and tell someone. This is why we need to warn our kids about not only stranger danger but inappropriate touch, so they know when they're being tricked and come and tell someone right away.

Thanks for your comments everyone, it's great to see something positive happening instead of the same old trashy news, isn't it?

NancyB said...

Werny Gal- Excellent post. Do you know if Nannies have to go through background checks per statute or law in PA or if there are any standards in place like requiring CPR etc?

Anonymous said...

What exactly is happening? Where is this going except to be discussed, analyzed, picked apart and over-processed on blogs?

The investigation was deemed complete. It is over. Except in your mind.

Get a hobby.

Go help children in need. Go to a shelter. Reading is a low income depressed area. I am sure there are tons of children who could use your help who resent the fact that child advocates like you turn a blind eye to the injustices they, non-celebrities, deal with all their lives.

Werny Gal said...

Hi Nancy, Yes, nannies do have to go through criminal backghrounds and child abuse checks, as do all adults working with children and all volunteers. It is the responsibility of the employer to ensure the paperwork has been done. The clearances have to be renewed regularly (a year or maybe every two years, whatever the length is) because they are not indefinite. Hiring a nanny through a reputable service will ensure that they are legally cleared, vs hiring a nanny privately, in which case you'd have to either have the prospective nanny send in the forms and then bring them back to you when they are cleared, or just trust that they have a clean background. And of course anyone working with children should be first aid and CPR trained, although I don't know the laws on that. But it seems especially important when working for families with in-ground swimming pools and multiple children.

Hi anonymous, I'm unclear on the purpose of your comment. If you don't like reading these blogs, why do you come here? Not sure why you referred to the hearings on child labor laws in PA as an investigation. Also not sure what your objection is to concerned citizens discussing the safety and well-being of children in Pennsylvania.

Mocha said...

Werny Gal,
I think anonymous meant the department of labor investigation. The DOL said that they were satisfied the children were in no danger.

What exactly is happening here? Just blogging with eachother. :)

Werny Gal said...

I think you're right, mocha. I just assumed s/he meant the current hearings because that's what we've been talking about here.

Werny Gal said...

Oh lordy, I just commented, then commented again because my first one didn't show up, then they both showed up so I deleted one! What a strange and complicated bird this Blogger system is. (I hope this shows up...)

Anonymous said...

Great Post!
It's true that all employees involved in this production should have been cleared and fingerprinted. PA is VERY strict when it comes to protecting it's children.

Not only that but the children should have had work permits (which now TLC is required to do). My son just got his first job here in Berks Co. and had to have approval from the school (grades have to be good), his employer had to list the hours he would be working (only certain hours on certain days...nothing past a certain time of night) and then he also needed a doctor's appointment for a work physical to prove his is physically and mentally able to work at this time and it wouldn't cause undo stress.

Why those parents and TLC thought they could get away with it just baffles me.

The other issue here is even deeper. I believe there is going to be some political repercussions because of this hearing. I believe the State of PA and the Rendell Administration gave TLC a pass in order to entice more productions to be filmed in PA. It would bring in much needed revenue, but if they plan to 'shirk' the safety nets, then what would we use to measure the ramifications on the welfare of the children in the industry.

I'm keeping eyes and ears open....

GeorgiaMom said...

I agree with the above post that some of what happened was politically driven. I'm not a tax expert, but I know in Georgia production companies get incentives to film here.

It appears with the hearing that the genie has left the bottle in regards to the filming of children in PA. Unfortunately, TLC will get around this by shipping Kate and the kids to other states to film their summer vacation. The only bright spot for me is that the Gosselins forcing their kids to work has now gotten national attention. It's only a matter of time before the negative publicity kicks TLC in the rear.

And now there are rumblings that Kate has actually said that she would like to move to CA. Does anyone here think Jon would go along with that or is he as corrupted as she is?

DH said...

I work in for a non-profit, which deals with developmentally disabled adults and children in Pennsylvania. While my position does not bring me into direct contact with the clients we serve, before I was hired I had to get act 33/34 clearances. Pennsyvania is very strict about such things, per my own experiences.

I do agree with the poster above who mentioned the possibility that Gov. Rendell turned a blind eye to TLC/JK8 due most likely to the amount of revenue generated out of the production. And with this being his last term, I don't think he has a whole lot to lose over such allegations "after the fact."

The only possible egg-on-his-face scenario I could picture happening, is that Gov. Rendell wants his legacy to be that of the governor for the CHILDREN ... and any negative publicity out of this whole situation could tarnish that legacy somewhat.

I'll be interested in seeing how it all comes out, though that is likely years down the road. Maybe the Gosselin kid's kids will see some of these protections come to fruition. I don't think it will happen in time to have much affect on them, themselves.

Werny Gal said...

Hi GeorgiaMom, I have heard some time ago that PA was trying to market itself as a state that is good for filming, but that was way before the Gosselins and I don't think that's different from any other state. It brings in lots of revenue and any state would welcome it. However, what I heard was PA was promoting itself for films, not TV, in case that makes a difference. Reality TV shows are the cheapest TV entertainment to produce so other than drawing attention to our area I'm not sure what good it's done the state.

This is only my spectulation but I doubt Jon would go along with her moving the kids to LA. Obviously, she would only move there for one reason and that would be to either continue to have them or herself in entertainment, and I believe Jon knows that's not healthy for the kids. I also believe Jon is pretty impotent against TLC. I believe that Kate is totally blinded, has stars in her eyes and this whole crapfest fits into her need for approval, attention and validation ( from childhood stuff that is not her fault but we all know how it makes her.) Unfort, she can't see that's she's just beibng used, that being notorious is not the same as being a star, and that this is truly harmful to the kids.

I don't know if PA laws apply if the kids live in PA but film elsewhere. The laws in effect may be those of the kids' residence, or they may be of the state or commonwealth in which the filming takes place. This may be one of the issues that needs to be addressed.

When J&K separated they said they were keeping the house for the kids, but Jon lost his half of the house to Kate in the divorce settlement. Now hopefully Kate won't have the power to sell the house and move the kids away. I believe this is why Jon filed to change the custody agreement the other week. I would like to see him get more power because he appears to want to be out of the limelight and live a regular life, and he also appears to now understand this would also be best for the kids. I attribute this partly to his laid-back nature and partly to his ongoing relationship with Kevin & Jodi. They are level-headed, love those children, and have helped him through this whole awful ordeal. (I also believe they would have been happy to help Kate, but as we all know, Kate is in control and isn't one to accept help.)

GeorgiaMom said...

Well, it has been reported with pictures and a write-up that Kate and the kids were in CA at Disneyland which means that the kids will likely be at DWTS tonight (surprise, surprise).

Not only that, but I bet my bottom dollar that TLC was filming her and the kids at Disney.

This DWTS thing is going to blow up for ABC and TLC. It is common opinion by TV critics (and not just Z from the Baltimore Sun) and bloggers that DWTS voting is rigged and Kate has been kept on because of ratings. What they didn't count on was how horrible she's been on the show---or maybe they did? This has been the most talked about DWTS ever. Just like you said, WG, Kate is being used and she's just too self-absorbed to realize it.

Werny Gal said...

Good morning GeorgiaMom, the rigging seems to be the consensus of the tabs. I wonder if ABC and TLC are both owned by the same conglomerate? Disney and ABC are for sure, so your Disneyland prediction is probably going to be proven correct. On last night's DWTS Kate said her time in LA this week was brightened by the visit of eight little ones. Wonder what crapola show plotlines ABC/Disney/TLC is going to wick out of that visit? Can you imagine anything worse than having to go to Disney and pretend to have fun while actually gritting your teeth under your smile and wishing you could just be free and unguarded for a change? What a childhood.

IATK said...

Hi, Werny Gal,

Kate said in an interview last night that the kids have been in CA for the last six days. Do you happen to know if that's true? It seems strange that there was no mention or sight of them until the photos taken at Disneyland on Saturday. Have a good one and thanks!

gosselin watcher said...

Good afternoon, all.

I'm not convinced that they were filming at Disney. All eyes are on them at the moment, but time will tell. If Kate does move the kids to CA they would be covered by Coogan, so that will help protect them.

Does anyone know whether the letter from the DOL to TLC regarding the results of the investigation (not the hearing) is Public Record? I know that the results were made public, but the terms would be interesting to see. I got the impression that if TLC tries to film in PA in the future without dotting every i and crossing every t the DOL would reopen the investigation. That may be wishful thinking.

IATK said...

Hi WG,

I think this might be what you're looking for. It certainly looks like this case can be reopened if TLC does not comply.

http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/0414_gosselin.pdf

Werny Gal said...

Thanks for sharing itsabout, that's great.

gosselin watcher said...

Many thanks, itsaboutthekids!

That was the exact document that I wanted to see.

At a cursory glance, I'd say that the DOL would have wanted to go further, but the existing law tied their hands. I need to read it more closely and will be back soon. I'm not a lawyer but have some experience in a regulatory agency. I'm sort of hearing the frustration from the regulatory agency . . .

Oh, and in all fairness, my state's Child Labor Laws do not include "reality TV" at this juncture. But we have not had a camera willing, camera wanting, multiple birth couple here either. YET. That is why we all need to keep an eye on this. PA is a ground-breaker, sadly for PA.

IATK said...

You're welcome, WG and GWatcher. The link was posted on another blog and I just had to remember where I saw it. :) I have always believed that knowledge is power. I hope this helps.

Good Job said...

I want to thank you and congratulate you for your recent posts. I believe that all children need protection regardless of where they live or what industry they are working in.

Your last few posts are what I would expect from a true child advocate.

I have a hard time taking anyone seriously who continually snarks on Jon and Kate. I'm not just talking about your blog, but if you want to be taken seriously the other nonsense needs to stop. (JMHO)

I know you are a therapist and from your posts a victim of child abuse yourself. Please keep fighting the good fight for the children.

Werny Gal said...

Thanks GoodJob, I am much happier writing about this stuff than the snark, although I do love me some good snark once in a while. Hopefully my snark wasn't as mean as some because some I can't even stand to read. I am going to stick to advocacy now, as well as psychological views of the situation, with hopefully some humor now and then. And I did put in my profile that I am a therapist because it's been difficult trying to blog about psychological aspects without owning what I am. Hopefully readers will accept that therapists do have opinions and we're not perfect. We're more about trying to find positive solutions for individual circumstances than claiming to be perfect ourselves (although hopefully personal growth is as important to most therapists as is it to me.)

IDModo said...

I read on Twitter and on Radar on line that Jon has fired his attorney, Anthony List, and that he and Kate are going to try to "work things out amicably".
My take on the situation is this: If the custody proceedings were going through, the children would be talking to a Mental Health Professional as a requirement before the hearing.For some reason Jon, Kate, and TLC cannot allow this to happen. The only reason I can see that TLC continues to promote Kate, who after all has no discernible talent,is that they are running scared. That would explain why they keep paying off Jon.Of course this is only my speculation but after 33 years as a children's mental health professional, I have radar that alerts me when something is terribly wrong.Does anone else share my uneasiness?