I don't believe that quote was attributed to A.G. Kelly; when I read that SI article from November, I read it to be that the author was speculating on a possibility, despite the AG saying that Paterno wouldn't face charges. If you can find other confirmation that the statement was actually made by the Attorney General, I would appreciate having it clarified for me.
Also, I am not an attorney, but as someone familiar with PA's Child Protective Services law (having been certified to provide training to PA school employees), Paterno met the requirements of the PA code by reporting allegations to an member of his school's administration, who were then duty bound to call either the state ChildLine or the county CYS agency within 24 hours, and to follow up with a written report.
Besides, Paterno might not even have been a mandated reporter at that time. Back at the time of the 2002 incident, the law required that school employees, who suspected that a child that they came into contact with while performing their duties was abused, were mandated to cause a report to be made. Paterno never had any contact with the child, so it could be argued that he would not even meet that criteria of the CPS Act.
The quote and article may be interpreted however anyone wishes. I think it's obvious the AG was having questions asked and answered with reporters besides her press conference remarks. Here is another article, different reporter, that has a direct quote from her regarding the investigation being ongoing, and that although Paterno was cleared "at this point', there were clearly other situations and possible charges for him down the road (which doesn't matter now of course).
http://rivals.yahoo.com/ncaa/football/news?slug=pf-forde_paterno_not_regarded_target110711
HARRISBURG, Pa. – Pennsylvania attorney general Linda Kelly said in a news conference Monday that the Jerry Sandusky child-molestation case is an ongoing investigation but that Penn State football icon Joe Paterno is “not regarded as a target at this point.”............
Despite the current clearance of Paterno, Kelly did acknowledge that the alleged presence of Sandusky at a 2007 preseason Penn State football practice with a child – identified only as Victim 1 in the attorney general’s finding of facts – could still be an avenue of investigation. When asked by Yahoo! Sports whether Paterno and McQueary would have had a heightened legal responsibility to report seeing Sandusky and a child together at their team’s practice, Kelly responded,”That’s a good question. That might have to be addressed down the line.”
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Be that as it may in 2002, there was nothing stopping him or others either. The Pa. CPS Act has this section also:
http://www.yccys.org/LinkClick.aspx?fileticket=C9WJxFpbw40=&tabid=494
§ 6312. Persons permitted to report suspected child abuse.
In addition to those persons and officials required to report suspected child abuse, any person may make such a report if that person has reasonable cause to suspect that a child is an abused child.
Since Paterno and others continued to observe Sandusky at campus facilities and activities with minor children, and were affiliated with him through the Second Mile, knowing what they knew, how could they NOT make that call?
It astounds me the search for excuses to exonerate this man for not doing what the law says he should and could have done to protect children!!
What is more valuable and required here...to protect somebody's reputation or to protect children...many of whom were abused or continued to be abused FOR YEARS because he was too cowardly or unfeeling (except for himself) to report a CRIME AGAINST A CHILD to the police or CPS?
Again, no one was tying his hands from doing this and he had more power and influence than anyone at the school, even his 'superiors'.
Another link to the law:
Child Protective Services Law
http://www.pa-fsa.org/CPSL_5_09.pdf
(a) General rule.--A person who, in the course of employment, occupation or practice of a profession, comes into contact with children shall report or cause a report to be made in accordance with section 6313 (relating to reporting procedure) when the person has reasonable cause to suspect, on the basis of medical, professional or other training and experience,
that a child under the care, supervision, guidance or training of that person or of an agency, institution, organization or other entity with which that person is affiliated is a victim of child abuse, including child abuse by an individual who is not a perpetrator.
Second Mile anyone?