Safety Law News for February 24, 2023

— In New Jersey, the Supreme Court of New Jersey, construing the “landmark amendments to the Child Sexual Abuse Act (CSAA), Charitable Immunity Act (CIA), and Tort Claims Act (TCA),” held that a former student’s lawsuit alleging sexual abuse while he was student at an elementary school, could continue toward trial.  Before the state law child protection reforms – designed to make more rigorous child protection policies – the lawsuit was at risk of being dismissed.  The court held that the reforms were retroactive, “allow(ing) survivors of child sexual abuse to file a claim any time before reaching the age of fifty-five, or seven years after discovering the harm, whichever is later.”  One aspect of the new laws – “removed the requirement that plaintiffs bringing CSAA complaints against public entities file a TCA notice of claim (to the school) within ninety days of their claim accruing.”  Finally the court said that, “in addition to eliminating the TCA’s procedural requirements for filing a sexual abuse claim against a public entity or public employee, the Legislature narrowed the scope of substantive immunity (such that) immunity from civil liability would not apply to an action at law for damages resulting from sexual abuse which was caused by a willful, wanton, or grossly negligent act of the public entity or public employee, or, for acts committed against a minor, “which was caused by the negligent hiring, supervision, or retention of any public employee.” W.S. v. Hildreth

— In Ohio, the Columbus City Schools – the largest school district in the state – removed police from its schools in 2020.  It uses unarmed, non-sworn safety and security staff members, calling police and child protection agencies as incidents require.  School district records show that in 2022, “thousands of major incidents such as fights, assaults and sexual or gun-related offenses (occurred) that required help from external agencies such as police during the first three months of this school year.”

— In Colorado, proposed legislation will require mandatory yearly training for school resource officers.  “Current law encourages officers to receive training …but doesn’t require it.” SB23-070, “would require school officers to complete mandatory training provided by Colorado’s Peace Officers Standards and Training Department before or within six months of their hiring and once annually after that.” Training would include community-oriented policing concepts, adolescent brain development, social and emotional development, supporting diversity, equity, and inclusion, improving youth decision-making skills, and trauma-informed practices.

— In Texas, the City of Tomball has terminated its three-year agreement to provide school resource officers to Tomball ISD.  The termination of the contract comes as a result of a budget dispute, with a city official confirming that, “this issue has not been about the costs …but the equitable responsibilities.”