Child Protection Charter Has Numerous Mandates for Dioceses


Catholic News Service
(From the issue of 12/25/03)

WASHINGTON — When the U.S. bishops adopted their "Charter for the Protection of Children and Young People" in 2002, they said, "We pledge ourselves to act in a way that manifests our accountability to God, to his people and to one another in this grave matter" of clergy sexual abuse of minors.

The charter established a National Review Board and an Office for Child and Youth Protection to assure that bishops comply with the policy decisions spelled out in the charter and the legally binding "Essential Norms" accompanying it.

But most of the charter and norms were directed at dioceses themselves, with specific policies and procedures all dioceses were mandated to implement. This summer and fall the youth protection office sent independent auditors to every diocese and eparchy -- Eastern-rite diocese -- to assess their compliance with those mandates.

A detailed national report on those compliance audits is to be published Jan. 6.

Here is an overview of what the charter and norms require all dioceses and eparchies to do to in order to respond effectively to allegations of clergy sexual abuse and prevent such abuse from now on.

For healing and reconciliation of victims, they must:

-- Reach out to victims and their families with "a sincere commitment to their spiritual and emotional well-being." This outreach is to include "provision of counseling, spiritual assistance, support groups and other social services agreed upon" by the victim and diocese.

-- "Not enter into confidentiality agreements" unless the victim requests it "for grave and substantial reasons." If the victim seeks confidentiality, the reasons are to be stated in the text of the agreement.

-- "Have mechanisms in place to respond promptly to any allegation where there is reason to believe that sexual abuse of a minor has occurred." This includes having at least one competent outreach coordinator, a diocesan review board to assess any complaint, and procedures "readily available in printed form" for making a complaint.

The norms require that the diocesan review board have at least five members who are Catholics of "outstanding integrity and good judgment," but larger boards may also include non-Catholics. Every board is to include at least one "experienced and respected pastor" and at least one person with expertise in the treatment of sexually abused minors; whatever the board size, more than half must be lay people not employed by the church. They are appointed to five-year, renewable terms.

To guarantee an effective response to all allegations, dioceses must:

-- "Report an allegation of sexual abuse of a person who is a minor to the public authorities." Dioceses must comply with civil reporting laws and cooperate with authorities in any legal investigation.

-- "Cooperate with public authorities about reporting in cases when the person is no longer a minor."

-- "Advise victims of their right to make a report to public authorities" and support this right.

To protect children in the future, dioceses must:

-- "Establish 'safe environment' programs," educating "children, youth, parents, ministers, educators and others about ways to make and maintain a safe environment for children."

-- "Employ adequate screening and evaluative techniques" on the fitness of candidates for ordination.

-- "Evaluate the background" of ordination candidates and all diocesan and parish personnel who have regular contact with minors, utilizing "the resources of law enforcement and other community agencies."

The most detailed requirements of the charter and norms concern the way the bishop deals with an accused priest or deacon.

Upon receipt of an allegation, the charter mandates a prompt, objective preliminary investigation, in accord with church laws protecting rights of the accuser and the accused, to determine if there is sufficient evidence to merit further steps.

If the allegation is judged not credible -- or, after deeper investigation or a trial, is proven unfounded -- every step possible is to be taken to restore the good name of the accused cleric.

If after the preliminary investigation the allegation is judged credible:

-- The bishop "will both notify the (Vatican) Congregation for the Doctrine of the Faith and ... relieve the alleged offender promptly of his ministerial duties."

-- The alleged offender "may be requested to seek, or urged voluntarily to comply with, an appropriate medical and psychological evaluation, so long as this does not interfere with the investigation by civil authorities."

-- "When even a single act of sexual abuse by a priest or deacon is admitted or is established after an appropriate process in accord with canon law, the offending priest or deacon will be removed permanently from ecclesiastical ministry, not excluding dismissal from the clerical state, if the case so warrants."

-- By church law an ecclesiastical trial or other legal process against an accused cleric falls under the direct jurisdiction of the Congregation for the Doctrine of the Faith, although it may delegate authority to a local church court to try a particular case.

-- If the time of prescription -- the term in church law for the statute of limitations for prosecuting a crime or applying a penalty -- has already passed, the bishop "shall apply to the Congregation for the Doctrine of the Faith for a dispensation from the prescription."

-- An offending cleric may be laicized at his own request, by a request of a bishop to the doctrinal congregation, or after a church trial and conviction.

-- If, for serious reasons such as advanced age or infirmity, an admitted or proven offender is not laicized, "he will not be permitted to celebrate Mass publicly or to administer the sacraments. He is to be instructed not to wear clerical garb or present himself publicly as a priest."

-- Even when no other remedy is available, "at all times the diocesan bishop/eparch has the executive power of governance, through an administrative act, to remove an offending cleric from office, to remove or restrict his faculties and to limit his exercise of priestly ministry." The bishop is to exercise that power "for the sake of the common good" if a cleric has committed even one act of sexual abuse.

-- An offender "will be offered professional assistance for his own healing and well-being, as well as for the purpose of prevention."

The charter also mandates in each diocese and eparchy:

-- "Clear and well-publicized diocesan/eparchial standards of ministerial behavior and appropriate boundaries" for clergy and other personnel who are in positions of trust with children and youths.

-- "A communications policy that reflects a commitment to transparency and openness," especially in "assisting and supporting parish communities directly affected" by a priest or deacon's sexual abuse of minors.

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