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.