1. He contacts the Bishop, to whom he provides the details as known, including the identity of the alleged perpetrator and the apparent victim, and provides him also with the means of contacting the person reporting the complaint or allegation.  He cautions the Bishop and any priest associated with this investigation not to hear the sacramental confession of accuser or accused.  He also notifies the Diocesan Attorney, the Diocesan Review Board, the Assistance Coordinator and the Diocesan Insurance Risk Manager.

2. If the accused is a religious, the Vicar General contacts that person's religious superior to apprise him or her of the complaint, and that the diocesan procedure for handling such complaints has been activated.  Similarly, if the accused is a deacon, lay employee or volunteer, he contacts his or her direct Church superior to inform him or her of the complaint, the diocesan policy for handling such complaints and whether an administrative leave has been required of the accused.

3. If the allegations support the reasonable belief that a child may have been abused, the Vicar General ensures that a report is or has been made to the Department of Human Services Child Protection Office in the county in which the alleged abuse took place, even when the alleged acts are not of recent occurrence.  When such reports are made, either he or the Diocesan Attorney later contacts the police or the District Attorney and asks that they inform him as to the progress and outcome of any investigation to the extent they are permitted to do so.

At all times, both before and after referral of an allegation of sexual abuse of a minor to the Diocesan Review Board, the Bishop shall continue to independently evaluate the evidence available to him, and shall determine whether the exercise of his executive power of governance, through administrative act, to remove an offending cleric from office, to remove or restrict his faculties, or to limit his exercise of priestly ministry, may be necessary or advisable for the good of the Church and the community, or to protect any person from harm.

Upon receipt of the allegations from the Vicar General, the Diocesan Review Board either conducts or directs the appointed Case Manager to conduct a preliminary investigation to assess the credibility of the complaint or allegation.  All appropriate steps shall be taken to protect the reputation of the accused and of persons related to the allegations during the investigation.   Based upon such preliminary investigation and assessment, the Chairman of the Diocesan Review Board advises the Bishop as to whether the accused should be temporarily relieved pending further investigation and whether further investigation is indicated.  If possible, these preliminary recommendations to the Bishop should be made within 5 days from the receipt of the allegations by the Diocesan Review Board.

In those cases where the initial investigation indicates that a complaint against a priest or deacon may have merit and that there is sufficient evidence that sexual abuse of a minor has occurred,  the Vicar General or other delegate of the Bishop  notifies the Congregation for the Doctrine of Faith that cause appears to exist for invocation of the precautionary measures mentioned in canon 1722, including restriction of the ministry of an accused priest or deacon.  Unless otherwise directed by the Congregation for the Doctrine of Faith, he continues with the following steps:

 

1. He mandates an appropriate relocation of the accused and takes steps to deny the accused access to the place where the alleged abuse occurred, if such actions are deemed necessary and appropriate.  He cautions the accused not to discuss the allegations with him and informs the accused that he has been placed on administrative leave, with pay.  In the case of a priest, his temporary residence would be determined by the Bishop or Vicar General.  At no time, though, should he return to the parish or other workplace where he is assigned or approach the persons involved.  If appropriate, a penal precept (see c. 1319) may be issued to this effect.  Furthermore, a priest's or deacon's faculties to preach (c. 764), and a priest's faculties to hear confessions (c. 974.1) should be revoked.  He should also be instructed not to celebrate the Eucharist publicly and not to  preside at any public or liturgical ceremony. This administrative leave remains in effect a least until the Diocesan Review Board has concluded its investigation and made its recommendation to the Bishop.  If criminal charges are filed by the District Attorney, the leave continues until the proceedings are concluded.  While these measures could be painful, they may be necessary to protect the good of the community.

2. The Vicar General advises the accused to enlist his or her own legal counsel, independent of that of the Diocese.  Any accused who lacks the means to hire an attorney may request assistance from the Diocese by application submitted to the Vicar General.  Such assistance will not be available in every case, but will be considered by the Bishop in light of the circumstances surrounding the individual application.  In the case of priests and deacons, even though no canonical penal process has been initiated at this point, the accused is also advised to consult a canonist to advise him of his rights within the Church.

3. The Vicar General notifies the Bishop and all the priest members of the Pastoral Response Team and Diocesan  Review Board that a case is pending and that they must not hear the sacramental confession of the accuser or the  accused.

4. If the alleged victim is no longer a minor, the Vicar General or the designated Assistance Coordinator contacts the alleged victim  to offer help and to inform him or her of the administrative steps which the Diocese has taken.  If the alleged victim is still a minor, the Vicar General or the Assistance Coordinator contacts  the parents or guardians of the alleged victim, and when he and the parents or guardians judge it appropriate,  he also contacts the alleged  victim.

5. The Vicar General then compiles a report verifying that each of these steps has been taken.  This report is promptly submitted, at least orally, to the Bishop and to the Chairman of the Diocesan Review Board.  The Bishop will instruct the Assistance Coordinator to assemble the Pastoral Response Team which will oversee the pastoral care of the alleged perpetrator, the apparent victim and his or her family, the parishes of the victim and/or alleged perpetrator, the greater Catholic community, and the general public.

 

THE ONGOING PASTORAL AND ADMINISTRATIVE RESPONSE

Phase 1:          While a civil and/or criminal investigation is pending: 

1. The Assistance Coordinator, who leads the Pastoral Response Team,  attempts to contact the alleged victim and his or her family in person, reiterating the offer of the Diocese to provide them with pastoral help, to include professional counseling services.  He then writes them a letter reaffirming this offer and his interest in providing them with whatever help they need.

2. In this phase of the case, the Pastoral Response Team shall concern itself with the pastoral care of the alleged perpetrator, the alleged victim and his or her family, and the parish or other groups which have been affected.

3. No steps shall be taken which might complicate the investigation, or further traumatize the alleged victim.  No canonical penal process should be initiated until after the civil or criminal investigation and/or trial has been completed.

4. The Pastoral Response Team takes appropriate steps to deal with the parish and/or other relevant groups as described in the Pastoral Response Team Plan.

 

Phase 2:          After the civil or criminal investigation and/or trial has been completed:

 

1.    Pastoral measures to be taken by the Pastoral Response Team regardless of the outcome of the civil or criminal investigation.

1. The Assistance Coordinator writes the alleged victim and his or her family, reaffirming the concern of the Diocese for the well-being of the alleged victim and his or her family, and reiterating the desire of the Diocese to provide appropriate help.

2. The Pastoral Response Team attempts to provide the accused with appropriate care.  If it appears to the Bishop that the accused would benefit from specialized professional care, the Bishop will determine whether diocesan assistance is appropriate.

2.      Administrative measures to be taken by the appropriate administrative superior if the accused is found  in any criminal or civil proceeding to have abused a minor:

 

1. Lay employees will be terminated, volunteers will be dismissed.

2. The priest's or deacon's faculties will be withdrawn and no new ecclesiastical office provided.  According to the provisions of the Code of Canon Law, the priest or deacon may be subject to canonical penal process leading to penalty of suspension and even loss of the clerical state.

3. Appropriate pastoral care will continue to be offered to the accused religious, lay person or volunteer regardless of the outcome of any legal proceedings.

3.    If the accused has been found not guilty, every effort will be made to repair the damage done to the reputation of the accused.

 

PASTORAL RESPONSE TEAM PLAN

Response to Allegations of Sexual  Misconduct

With Minors by Church Personnel

PREFACE

 

The diocesan Policy and Procedures for Response to Allegations Regarding Sexual Misconduct With Minors by Church Personnel calls for appointment of a Pastoral Response Team to develop and implement a plan for response to spiritual, psychological and other needs that arise in persons affected by such allegations.

 

In accord with that mandate the Pastoral Response Team has developed this plan which is divided into six parts:

1.  Introduction

2.  Service to the Alleged Victim and His/Her Family

3. Service to the Alleged Perpetrator (Accused) and His/Her Family

4.  Service to People of the Parish or Other Church Organization of Which the Accused is a Staff Member

5.  Service to Persons Serving in the Same or Similar Ministries as Did the Accused

6.  Service to the Church at Large and to the General Public

 

(Note:  Throughout this document references are made to "allegations", "alleged victims", "alleged perpetrators", etc.  This is done because the Pastoral Response Team becomes involved as soon as an allegation is acknowledged by the Church.  Essentially the same plan must be followed if the allegations are admitted by the accused or if they are established as true by investigation or trial.)

 

I.                        INTRODUCTION

The Pastoral Response Team is called upon to respond helpfully to the needs of persons affected negatively by allegations of child molestation.  The team is ordinarily composed of mature Catholic men and women, most of whom are parents, and at least one parish priest.  The Bishop appoints one member as Assistance Coordinator who is to serve as a team leader.  Another member is appointed by the Bishop to serve as alternate Assistance Coordinator when needed.

 

The Pastoral Response Team becomes actively involved with a situation as soon as called upon to do so by the Bishop or Vicar General.  The team operates as an agent of the Diocese under the direction of the Assistance Coordinator who in turn reports to the Vicar General or in his absence to the Bishop.  The Assistance Coordinator keeps the Vicar General and Bishop fully informed about the team's deliberations and activities.

 

The work of the Pastoral Response Team is to be done in a way that reflects the Church's heartfelt concern for the welfare of all persons affected negatively by the allegation of child molestation.  At the same time nothing should be said or done that might reasonably be interpreted as acknowledgment of the Church's responsibility for the alleged offense(s).

 

Throughout, there also must be in evidence a strong and unambiguous intolerance for child molestation, along with deep concern for the victims and their families.  The approach taken by the Pastoral Response Team will require careful attention to several requirements that might appear at times to be in conflict.  There must be ongoing respect for the principle that an accused person is to be regarded as innocent until his/her guilt is clearly established.  Moreover, there must be a genuine Christian disposition to provide forgiveness and support even if the allegation turns out to be true.

 

In providing support the Pastoral Response Team members shall make no commitments that would require substantial expenditure of diocesan funds unless the Vicar General or Bishop gives explicit approval in advance.

 

At all times members of the Pastoral Response Team are to demonstrate utmost respect for the privacy of persons affected in any way by their work, as well as for the confidentiality of the information with which it deals.  On the other hand, members must be prepared to share within the Team any and all information that might in any way affect its work.

 

II.                        SERVICE TO THE ALLEGED VICTIM AND HIS/HER FAMILY

 

The Pastoral Response Team's most urgent responsibility is to demonstrate effectively the Church's heartfelt concern for the welfare of the affected minor and the welfare of his/her family.  The preeminence of that concern should be evident in every aspect of the Team's work.

 

As quickly as possible, the Assistance Coordinator or another team member he appoints should contact the parents of the child, express concern and seek an appointment.  Clearly, the team can become involved with the affected minor and/or with other members of the family only if the parents want such involvement.  This is always the parents' decision to make.  In the event the parents refuse even an initial visit with them, a very carefully prepared letter should be dispatched expressing candid concern for the welfare of the minor and the family, as well as offering such assistance as might be needed.  The letter should also list the names and telephone numbers of several members of the Pastoral Response Team as potential points of contact.  That letter should ordinarily bear the signature of the Bishop.

 

When parental agreement has been obtained, the first step is for one or several members of the Pastoral Response Team to visit with the parents and also, if it is prudent to do so, with the affected minor.  This visit should be scheduled as soon after the initial contact as is mutually convenient.  Special care must be exercised to avoid traumatizing the minor by the manner in which such a visit is conducted.

 

Nothing about what team members say or do should leave room for inference that their purpose is to investigate the validity of the allegation.  On the contrary, it should be clear from all that is said and done that their only intent is to be helpful in every way possible.  More specifically, in the initial contact(s) the purpose is to gain clear understanding of the situation from the family's perspective, as well as to identify the spiritual, psychological and other needs which they might be experiencing.  Unless the accused has admitted the offense alleged, special care must be taken to avoid expression of any opinion concerning the validity of the allegation.

 

1. The Assistance Coordinator and one or more members of the Pastoral Response Team, and if appropriate, the Diocesan Attorney, will meet as soon as possible with parish leaders such as the pastor (if possible), other clergy and the president of the parish council.  If the accused person is a staff member of the parish school, the meeting should include the school principal (if possible) and the presidents of the school board and parent/teacher association.  The Pastoral Response Team will use this meeting chiefly to gain a clear understanding of the likely impact of the allegation on the parish and to identify special needs that must be met.  The Pastoral Response Team serves in a largely consultative capacity to existing leadership of the parish, if that leadership is intact after the allegation has been made.  To the extent possible, the Team's approach should be to strengthen and enable existing parish leadership rather than to displace it.

 

It is important to establish very clearly and firmly at that initial meeting who is the serve as official spokesperson(s) for the Church regarding the situation.  Ordinarily that would be a person appointed by the Bishop to serve in that capacity.  Staff members of the parish or school should be instructed to refer all news media inquiries to the designated spokesperson.

 

2. It is very important that the people of the parish be given as much information as possible consistent with legal limitations and with due respect to privacy rights.  In any event, when information is given every effort will be made to assure its accuracy.  Information might be disseminated to parishioners by a special letter to and/or by special entry in the parish bulletin in addition to announcement from the public.  The Pastoral Response Team should make itself available to assist the parish in preparation of that letter and bulletin announcement.

3. If the pastor or another member of the clergy has been accused and placed on administrative leave, the Bishop or his representative will speak at all the Masses on the first Sunday explaining the situation as fully as possible to include the reasons for the administrative leave.

 

If the accused is a paid or volunteer lay member of the parish staff, the pastor will ordinarily speak at all Masses explaining the situation as fully as possible.

 

4. Periodic parish meetings might be scheduled to give members opportunity to ask questions and to express their views concerning the situation.

5. Throughout, the  Pastoral Response Team must exercise special care to assure that the legal rights of all parties are protected throughout all interventions.

6. Some persons in the parish are likely to be especially distressed by the allegations of child molestation.  Effort should be taken to identify such persons and to offer them help.  The opportunity to participate in short-term support group experience might be offered to them.

7. In the event that the allegation of child molestation has been levied against a staff member of a Church organization other than a parish, the approach outlined above, mutatis mutandis, will be followed.

 

V.        SERVICE TO PERSONS SERVING IN THE SAME OR SIMILAR MINISTRIES AS DID THE ACCUSED

 

The Pastoral Response Team should attend to any need for support as might arise among persons who share the same ministry, who live in the same residence or who otherwise have special association with the accused.  Such persons should be provided opportunity to meet with Pastoral Response Team members individually and/or as a group to discuss special concerns.  Helpful responses should be designed for any special needs identified in such meetings.

 

VI.       SERVICE TO THE DIOCESAN CHURCH AT LARGE AND TO THE GENERAL PUBLIC

 

Revelation of child molestation by Church personnel, or even the allegation that such has occurred, can have profoundly destructive effects on the Catholic community as well as on the general public.  It is especially insidious that such destructive effects can work on minds and hearts even outside conscious awareness.  Overt or latent doubts about the credibility of the Church can develop, and already existing doubts can be reinforced; mistrust of Church personnel and programs can develop; and there can even be undermining of commitment to the Holy Faith itself. Members of the Pastoral Response Team may be called upon to assist with any or all of the following kinds of diocesan efforts to deal with such negative effects:                     

1. There should be a very carefully conducted public information effort to assure that Catholics at large and the general public have accurate information not only about the situation at hand but also about the Church's attitude toward and response to the situation.  This can be accomplished by articles in the Diocesan newspaper, op-ed articles in the secular newspaper, letters to the editor and interviews on television, radio and with newspaper reporters.

2. These efforts must be marked by scrupulous candor and true humility.  Excuse-making and defensiveness must be avoided.  The terrible seriousness of child molestation must be fully and clearly acknowledged.  When appropriate, our need for forgiveness and prayer should be expressed along with our very special solicitude for the victims of abuse and their families

3. Parallel with this public information effort about the particular situation at hand, there should also be a broader educational effort to put the troubling experience into sound theological perspective.  People are likely to experience urgent need for spiritual support and enlightenment.  Toward those ends, points to be discussed in  sermons might be made available to preachers along with reprints of potentially helpful published and unpublished manuscripts.  Special essays in the diocesan newspaper might also be prepared for the same educational purpose.

4. Outlines for special religious services to pray for victims of abuse and for their family members, for perpetrators and for the Church at large might be designed for use in parishes.  Pastors might be encouraged to regard such services as opportunities to help people deal with these experiences which are so painful.

 

Diocesan Review Board

Implementation Plan

 

A Diocesan Review Board, appointed by the Bishop, will function as a confidential consultative body to advise the Bishop on matters related to protecting children from sexual abuse, assist him in assessing allegations of sexual misconduct with minors by Church personnel, and make recommendations concerning suitability for continuation in ministry or in employment by the Church.

 

Duties of the Board:  The Board shall have the duty to

 

1. assess allegations of sexual misconduct with minors and provide the Bishop, as quickly as possible, with its opinion concerning the credibility of those allegations;

2. make recommendations to the Bishop concerning whether an accused person should be placed on administrative leave while an investigation is conducted;

3. make recommendations to the Bishop about an accused cleric's continuation in or return to ministry;

4. periodically review the Diocesan Policies and Procedures Concerning Sexual Misconduct with Minors by Church Personnel;

5. make recommendations to the Bishop regarding how risk of abuse to children might be reduced;

6. assist in other related matters as requested by the Bishop.

 

Status of the Board: Access to and Treatment of Information:  The Diocesan Review Board is the agent and collaborator of the Bishop, in that its purpose is to advise the Bishop in matters of Diocesan governance, and it is to  function as an integral part of the internal process of Church Governance.  Toward this end, the Diocesan Review Board shall be granted access to such confidential information and files as the Bishop or the Vicar General shall authorize, to include all information in the possession of the diocese, any parish or agency of the diocese.  All matters considered and discussed and all information presented to the Board shall be maintained in a confidential manner, and may only be disclosed, and only to the extent necessary, to the parties involved, to the Bishop and to  other persons designated by the Bishop to assist him in the performance of his duties, or as required by Church or civil law.

 

Membership:  The review board, established by the diocesan bishop, will be composed of at lease five persons of outstanding integrity and good judgment in full communion with the Church. The majority of the review board members will be lay persons who are not in the employ of the diocese, but at least one member should be an experienced and respected pastor of the diocese and at least one member should have particular expertise in the treatment of the sexual abuse of minors. The diocesan Promoter of Justice (see Canon 1430) shall participate in the meetings of the board as a non-voting member.

 

Compensation:  No member of the Board shall receive compensation for services, but all members will be reimbursed for necessary expenses incurred in the conduct of Board business.

 

Term:  Appointments will be for five years.  No member will be appointed for more than two consecutive five year terms.  The length of appointments may be adjusted in order to spread out turnover of members.

 

Officers:  The Bishop shall appoint one member as chairperson and another as vice-chairperson.  Those appointments shall be for one year renewable terms.  The chairperson will ordinarily convene and preside at meetings and assign tasks to members as may be necessary.  He will also be the person to the report the Board's findings to the Bishop.

 

Meetings:  The Board shall conduct its business at meetings that will be convened by the chairperson as often as necessary to conduct its duties.  More than half the members must be present for the conduct of Board business.  Ordinarily the Board will meet in person, but when necessary may meet by conference call.

 

Attendance:  The Bishop or persons delegated by the Bishop, the Case Manager and other persons invited by the Board may attend those portions of meetings during which investigation reports are presented to the Board and during which the Board renders its opinions and recommendations.  They may also attend other portions of meetings subject to the discretion of the chairperson.  The person making an allegation, the accused person and other persons may attend a meeting only with consent of the chairperson and subject to such limitations as the Board might impose.  Any person appearing before the Board may do so accompanied by legal or canonical counsel.  Members of the Board and any person invited to attend a meeting of the Board will keep all information, discussions and proceedings of the Board, and any report or recommendation to the Bishop in strict confidence.

 

Case Manager:  The Bishop shall appoint a person, who is not a member of the Board, to serve as Case Manager.  The Case Manager is to serve as a staff assistant to the Board and is to be answerable to the Board chairperson.  The Case Manager's principal duty will be to investigate allegations of sexual misconduct with minors as might be brought against Church personnel and to report his findings to the Board as well as to the Bishop.  In conducting his investigation, the Case Manager will exercise caution not to interfere with any investigation by police or other civil authority.  The Case Manager may be an employee of the Diocese whose other duties will not interfere with his responsibilities to the Board.  The Bishop, or the Board, may also appoint a backup person or persons to perform required duties if the Case Manager, for one reason or another, is unavailable, or when factors such as time or remoteness of witnesses are a factor in the prompt conclusion of an investigation.

 

Custody of Records:  After the Board has completed its work on a particular matter, all copies of files, documents, records and information regarding the matter shall be collected from Board members and delivered to the Case Manager for safekeeping.   Duplicate copies of records may be destroyed at the discretion of the Case Manager.  All information received and reviewed by the Case Manager, all records of reported incidents, records of investigations and the results thereof will be kept by the Chancellor of the Diocese as the ultimate custodian.  Such records will be marked confidential and be securely kept under lock at the Chancery office, with access limited only to persons authorized by the Bishop. The provisions of Canon 1719 will be observed.

 

Confidentiality and Disclosure:  Information uncovered during an investigation of allegations of sexual misconduct and information concerning recommendations made by the Board to the Bishop are all to be maintained in a confidential manner.  Communications with the public and with news media concerning the Board and its business will be conducted only by its chairperson or a person designated by the chairperson.   No statement or information shall be released to the public or to the news media by the Board or its chairperson until after it has been provided to the Bishop, and then only after consultation with the Bishop.