February 16, 1981

There comes a time in every soldier’s assignment where he can no longer say, “I’m sorry, I don’t know.  I haven’t been here very long.”  I usually try to use that excuse for the better part of a year.  But, as to this assignment, the excuse is long gone.

Shortly after I arrived here, certain concerned parents brought a very serious problem to my attention.  The problem was child abuse and the inability on Fort Riley to remove a battered child from the home.  It was believed that the state courts had no jurisdiction to act concerning matters on the post.  We could remove the family from the post and then let the state wait for another incident, but that was not acceptable.  The concerned parents explained to me that they expected my support, or they would have to assume that I beat my children.  Their argument was not logical, but extremely persuasive.  Seriously, it took some period of time before they could convince me that we even had a chance.

Eventually, we were all convinced we had a fighting chance of changing 30 years of Kansas law.  We solicited the help of Steve Opat, Geary County Attorney and his assistant, David Platt (they are the ones who would be carrying the workload burden).  Our sessions with them were fruitful.  We then jointly posed the question to the Attorney General of Kansas, Robert T. Stephan.

In an opinion dated January 16, 1981, Mr. Stephan gave us exactly what we wanted.  He concluded that when the Federal Government ignores an area of law (such as child abuse), then the state district court may “hear and adjudicate proceedings pursuant to the juvenile code, with respect to neglected, wayward or abused children, concerning incidents occurring on the Fort Riley Military Reservation.”

This little victory doesn’t solve the problem.  However, it does give us one more tool to use in combating child abuse.

Written by PJ Rice at www.ricequips.com