Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, September 2, 1993                   TAG: 9309020247
SECTION: VIRGINIA                    PAGE: C-1   EDITION: METRO 
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: FLOYD                                LENGTH: Medium

HEAD START PAIR CLEARED OF NOT REPORTING ABUSE

Rhonda Kamala Fenn, 31, of Floyd and her supervisor, Linda Crate, 40, of Christiansburg, were charged in June after an investigation of the sexual abuse of a 5-year-old girl.

State law requires teachers, principals and other professionals who work regularly with children to report any suspicions of abuse.

Failure to do so is a misdemeanor and carries a fine of up to $500 for the first offense and $100 to $1,000 for repeat offenders.

Fenn, who has been a Head Start caseworker for six years, testified that the girl's mother told her in January that the girl might have been sexually assaulted.

But the mother had her doubts that the allegation was true, Fenn said. The mother said the child apparently had told her grandmother of the assault, but would not repeat the allegation to her.

Fenn, who testified that she has reported several suspected cases of sexual abuse in the past, discussed the allegation with the child's Head Start teacher and another worker. They reviewed guidelines in a pamphlet that identified behaviors and other indicators of sexual abuse but found no similarities.

"This child showed none of these indicators," Fenn testified.

Fenn called Crate's office to tell her that she had referred the woman to Mental Health Services, but she was unable to reach Crate and spoke to another supervisor.

Fenn testified that she told the mother she should believe her daughter if her daughter told her she had been abused. Fenn gave the mother a toll-free number for reporting suspected child abuse.

"We are strong advocates for children. We do not tolerate child abuse," Fenn told Circuit Judge Kenneth Devore. "I report every case that I have reason to suspect."

Crate testified that she learned of the incident a month later, when the case was referred to mental health workers.

Crate, who called Fenn "an excellent advocate for children," said she believe Fenn had acted appropriately. The child never had made allegations to Head Start workers, and there were no indicators of abuse, Crate said.

Commonwealth's Attorney Gino Williams told Devore that while Fenn may usually be very conscientious about reporting suspected abuse, she was not in this case.

He suggested that Devore take the charge under advisement to make sure Fenn and Crate got the message that "they are to report everything that raises suspicion."

Jim Hutton, the women's attorney, said Crate should be found not guilty because she didn't learn of the case until later.

And Fenn did not believe there was sufficient evidence of abuse, Hutton said - although the child had, in fact, been assaulted.

Martin Junior Rose, 51, of Floyd, the man accused of the abuse, was found guilty of aggravated sexual battery this summer, Williams said. He was given a 10-year suspended prison sentence, placed on probation and ordered to receive counseling.

Williams said the man undressed the girl and touched her at his home.

Last month, a Roanoke judge dismissed a similar charge against an elementary school principal accused of failing to report the suspected abuse of one of his pupils.

William Shepherd, principal of Hurt Park Elementary School, investigated the case himself with plans all along to report it, according to his attorney, Vincent Lilley. But on the same day Shepherd learned of the possible abuse, a relative of the child informed authorities.