ROMAN CATHOLIC DIOCESE OF SALINA
POLICY FOR THE PROTECTION OF CHILDREN
AND YOUNG PEOPLE
September 2003
[This policy supersedes the previous policy of
October 1999]
I. PREFACE
II. HISTORY
III. DEFINITION OF SEXUAL ABUSE
IV. PREVENTION AND EDUCATION
V. REPORTING OF CHILD SEXUAL ABUSE
VI. PASTORAL RESPONSE
VII. DIOCESAN REVIEW BOARD
VIII. ALLEGATION PROCEDURE FOR PRIESTS AND DEACONS
IX. MEDIA REPRESENTATIVE
APPENDICES:
Appendix A: Summary of Kansas Law
Appendix B: Form for Reporting Sexual Misconduct with a Minor
Appendix C: Position description for Victim Assistance Coordinator
Appendix D: Diocesan Disclosure Form for Ministers to Children and Youth
Appendix E: Authorization Form for Background Check
Appendix F: Policy Receipt
I. PREFACE
The catechism of the Catholic Church reaffirms the belief that every human life is sacred because the human person has been made in the image and likeness of God (CC #2319). Jesus reaffirmed this in his own ministry when he upheld the dignity of those most vulnerable in society, especially children. Jesus said, “Let the little children come to me, for it is to such as these the kingdom of God belongs.” Human dignity originates in our being made in the image of God. Sexual abuse against children violates this dignity. It is both a criminal and sinful act that causes great harm to both an individual person and to the entire community of believers.
In creation, God took transformed chaos into a creation where life could prosper. God’s power was shown in setting the boundaries between light and dark, water and land, and humans and animals, calling all of these good in the Book of Genesis. Within these boundaries, God’s children could thrive, relating responsibly to one another and to all of creation. Later, with Israelites, God rescued the chosen people from slavery and gave them a way for life. God’s power was shown in setting the boundaries of the law that governed behavior and made community possible. The law was considered by the people as a gift from God, a sign of God’s love and favor towards them. Obedience to the law was not a burden but a delight, a way of life that led to peace, mercy and healing.
However, we are a sinful people. We are a people who often ignore and even reject God’s covenant. We abuse others when we violate the boundaries God established to preserve life and community. This is especially true with the misuse of power and the violation of boundaries that occurs in child sexual abuse. Sexual abuse violates more than just boundaries, but degrades the very image of God in another human being. Such behavior is therefore completely unacceptable and cannot be tolerated by those who follow Christ.
The mission of a Christian is to “put on Christ” (Gal. 3:27). Through Christ, we come to know God’s fullest expression of abundant life (Jn 10:10). In his life, death and resurrection, Christ made a new creation and called to himself a holy people that would nurture a place where life could thrive once again. The Church is a sign of this creation in Christ (Lumen Gentium I.1.) The mission of the Church is to witness to the world the new abundant life Christ offers. This also means acting with mercy and justice in challenging whatever debases the image of God in any human being.
II. HISTORY
This policy emerged within the larger history of how the Diocese of Salina has addressed the issue child sexual abuse. Aware that the sexual abuse of minors was pervasive in American society and concerned about its presence within the Church, the Diocese of Salina put into place its first policy in the late 1980's. This policy was entitled Diocesan Policy Regarding Alleged Cases of Child Abuse and was officially promulgated by the Most Rev. George K. Fitzsimons, Bishop of Salina on July 1, 1989. This policy was subsequently revised and updated in October 1999. It was mandated that all diocesan priests, religious and lay pastoral administrators sign this document indicating they had read it and agreed to comply with its mandates.
In June 2002 the United States Bishops adopted the Charter for the Protection of Minors and Young People. The provisions of the Charter are aimed at ensuring that there is a response to allegations, an outreach to victims and additional protective measures put into place to prevent child sexual abuse in the Church. The Diocese of Salina has incorporated the provisions and mandates of the Charter in its newest policy entitled “Policy for the Protection of Children and Young People” which was promulgated by Bishop George K. Fitzsimons on July 1, 2003. This policy is also in conformity with the U.S. Bishops Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, 2002. The following policy reflects the commitment of the Diocese of Salina to the prevention of child sexual abuse within the Church.
III. DEFINITION OF SEXUAL ABUSE
Sexual abuse of a minor includes sexual molestation or sexual exploitation of a minor or other
behavior by which an adult uses a minor as an object of sexual gratification. For the purpose of this policy, a minor is defined as a person up to the age of eighteen (18). For the purposes of this policy, such abuse is defined in compliance with, but not limited to Kansas State law (38-1522 as amended in 1988). (See Appendix A)
Abuse may also include transgressions related to obligations arising from divine commands regarding human sexual interaction as conveyed to us by the sixth commandment of the Decalogue. Thus, the norm to be considered in assessing an allegation of sexual abuse of a minor is whether conduct or interaction with a minor qualifies as an external, objectively grave violation of the sixth commandment. A canonical offense against the six commandment of the Decalogue need not be a complete act of intercourse. Nor, to be objectively grave, does an act need to involve force, physical contact, or a discernible harmful outcome. Moreover, “imputability [moral responsibility] for a canonical offense is presumed upon external violation...unless it is otherwise apparent.” (CIC, cc. 1321; 1322-27). Ultimately, it is the responsibility of the bishop, with the advice of a qualified review board, to determine the gravity of the alleged act.
IV. PREVENTION AND EDUCATION
The provisions of this section of the policy are intended to prevent a minor from being sexually abused by an adult. Everyone in the Church community has a responsibility in helping prevent child sexual abuse. The whole church community must be aware of the causes and signs of child sexual abuse, the steps to take to protect children, and the procedures to follow if sexual abuse is suspected or observed.
A. All church personnel must be familiar with the existence of this policy and be knowledgeable of its application to them in the position in which they serve in the diocese. They will sign an acknowledgment form indicating that they have received, read, and understood the policy and agree to adhere to its requirements. Church personnel includes all of the following who are serving in the Diocese of Salina: priests, deacons, religious sisters/brothers, lay pastoral administrators, parish staff members, seminarians, Catholic school teachers, parish catechists, youth ministers, parish and school volunteers who minister to children.
B. This policy will be included in the personnel handbooks used by diocesan entities; “Diocesan entities” refers to those corporate entities within the diocese that are listed in The Official Catholic Directory or the Diocese of Salina Directory and have the diocesan bishop as their President.
C. An educational seminar on the prevention of child sexual abuse will be required of all who minister to children in the Diocese of Salina. The seminar will include information concerning: signs and symptoms, dynamics of sexual abuse, impact of sexual abuse, intervention strategies, reporting requirements and community resources. The seminar will be offered annually for all new church personnel and new parish ministers/volunteers who work with children.
D. Catholic schools and parish religious education programs will develop, monitor and incorporate sexual abuse of minors prevention curricula into the educational programs for early childhood through grades 12. The curricula reflecting the best current practices will be used.
E. The diocese will establish “safe environment” programs. It will cooperate with parents, teachers and civil authorities to provide education and training for children, youth, parents, ministers, educators and others about ways to make and maintain a safe environment for children. One part of the safe environment program will be a code of conduct for persons who minister to children and young people.
F. The diocese will maintain a library of educational, prevention, and informational materials about the prevention of child sexual abuse. These resource materials will be available as part of the diocesan media library. Individuals and parishes will be able to check out materials to be used on the parish level.
G. The procedures for reporting allegations of abuse will be readily available in printed form and will be the subject of periodical public announcements.
H. Any priest or deacon who seeks faculties to work in the diocese or who seeks to reside in the diocese must present documentation from the diocese in which he is incardinated which attests to his fitness for ministry. Similar documentation must also be provided to the diocese by those priests or brothers who belong to religious institutes or congregations.
I. Background checks will be conducted on all church personnel who regularly minister to children in the diocese. These background checks will be conducted by the chancery using a professional company that provides such services. The results of the background checks will be reviewed by the bishop or his designee. A record of all background checks that have been conducted on church personnel will be kept in the chancery offices and will remain confidential. Individuals may request a copy of the results of their personnel background check.
J. As a part of the admission process, all potential seminarians will be required to undergo a full psychological profile, consistent with all applicable ethical, canonical and legal principles. The psychological assessment will be maintained as a part of the permanent personnel file of the seminarian, and may be updated as necessary or appropriate. The bishop or his designee, will review the psychological profile, background questionnaire and criminal background check prior to accepting the applicant as a seminarian for the diocese.
V. REPORTING OF CHILD SEXUAL ABUSE
A. All personnel are obligated to report such abuse to their immediate supervisor, who then will report the alleged abuse to the Chancellor or Superintendent of Catholic Schools. The bishop will be immediately informed of any alleged case of child sexual abuse. Personnel who are mandatory reporters must report the alleged abuse directly to civil authorities, as well as their immediate supervisor. Other church personnel may make reports to civil authorities even if they are not mandated reporters by law. (See Appendix A for a summary on Kansas reporting laws).
B. A report must be made to the civil authorities by the Chancellor or Superintendent of Catholic School (if not previously reported) without preliminary screening, investigation, or legal judgment by the diocese.
C. Civil authorities include, but are not limited to, Police, Sheriff, Kansas Social and Rehabilitation Services (SRS), and County Attorney.
D. The diocese will not tolerate retaliatory acts of any nature against persons who in good faith make reports, provide information implementing these policies, or cooperate in an investigation.
E. All reports of alleged abuse are to be documented on the standard report form (Appendix B) by the person receiving the allegation. This standard report form will be available by the diocese to any person requesting information about reporting an incident of abuse, and will be made available at the diocesan offices and all diocesan churches and schools. Completed reports are to be sent immediately to the Chancellor or Superintendent of Catholic Schools.
F. Allegations of sexual abuse of a minor by church personnel will also be immediately reported by the Chancellor to the chairperson of the diocesan Review Board and the diocesan Victim Assistance Coordinator.
G. Nothing in this policy is meant to jeopardize the Seal of the Confession. The seal of the sacramental confession is inviolable; nothing a priest hears in the sacrament of confession from either a perpetrator or victim may ever be revealed or reported. Kansas law (60-429) recognizes the special status of “penitential communication.”
VI. PASTORAL RESPONSE TO AN ALLEGATION
A. Upon receipt of a report of sexual abuse of a minor, the Victim Assistance Coordinator will be notified of the allegation and all other pertinent information to assist them in their ministry. The Victim Assistance Coordinator along with other professionals who may be appointed by the bishop will contact as soon as possible the family of the child, and where appropriate the child, and make known to them the Church’s sincere pastoral concern. The other professionals assisting the Victim Assistance Coordinator may include a priest, psychiatrist or other individuals who have professional experience in child abuse matters. (See Appendix C for the position description of the Victim Assistance Coordinator and the procedures the coordinator will follow).
B. The Victim Assistance Coordinator as well as the other professionals who may be appointed by the bishop to assist should:
1. Make clear to the family of the child the deep Christian concern of the Church; that steps are being taken immediately to investigate the report and that they may wish to consult legal counsel of their choice;
2. Confirm that the family is not being asked to give up legal rights against the accused or the Church; inform the family of the alleged victim of their right to make a report to civil authorities;
3. Assure the family that the diocese will make a sincere effort to determine the truth and to deal appropriately with the person who is accused of the act;
4. Assist the family to ensure appropriate resources are provided to the victim and the family as agreed upon by the victim and the bishop. This may include independent medical examination, counseling, psychotherapy, spiritual assistance, support groups, and/or other social services.
5. Notify the family of the child if a report has been made to SRS.
6. Assess the pastoral needs of the family;
7. Make recommendations to the bishop any actions that would help promote healing;
8. Make recommendations to the bishop regarding any special needs of the affected parishes.
C. The bishop’s delegate will offer to meet with the family of the child, to listen with patience and compassion to their experiences and concerns, and to share the “profound sense of solidarity and concern” expressed by Pope John Paul II in his Address to the Cardinals of the United States and Conference Officers.
VII. THE REVIEW BOARD
The Review Board is a predominately lay board composed of a variety of professionals appointed to serve by the bishop in a confidential, consultative, and advisory capacity.
A. Membership
1. The Review Board will be comprised of at least five persons of outstanding integrity and good judgment in full communion with the Church. The majority of the members will be lay persons who are not in the employ of the diocese. Total membership of the board shall be no less than five persons and shall not exceed ten members. When possible, the members will include:
– A psychiatrist experienced in the detection and treatment of victims and perpetrators of sexual abuse.
– A person from the field of nursing.
– A person from the field of education.
– A person from the field of law.
– A priest who is an experienced and respected pastor of the diocese.
– A canon lawyer who will serve as Promoter of Justice.
– Chairperson of the priest personnel board.
Other professionals may be invited to attend the meetings to act as consultors to the members of the Review Board.
2. None of the members of the Review Board will receive compensation but they will be reimbursed for necessary expenses.
3. Appointed members will serve a five-year term, which can be renewed.
4. The Board may adopt by-laws to govern details of its procedures, such as the frequency of meetings, number of members necessary at a meeting to make a recommendation, confidential maintenance of records and any other business it may conduct. The Board may elect from its membership a chairperson or moderator.
5. Confidentiality: All allegation deliberations of the Review Board will remain confidential to respect the dignity of the involved persons. The records of the Review Board meetings and actions will be maintained confidentially by the diocese.
B. Board Duties
1. The Review Board will receive information about each case from the bishop or those he has delegated to gather information.
2. The Review Board will:
a) Determine whether this policy on sexual abuse was followed.
b) Advise the bishop in his assessment of the allegation of sexual abuse of minors:
– Unfounded: Allegation appears false.
– Exonerated: An incident did occur, but the action was not unlawful.
– Not sustained: Insufficient evidence to prove or disprove the allegation.
– Sustained: The allegation has been established as more likely than not to have
occurred.
c) Advise the bishop in his determination of suitability for ministry.
d) Advise on all aspects of the case, whether retrospectively or prospectively.
e) Make other recommendations determined to be appropriate and helpful.
3. The Board will meet annually for the sole purpose of reviewing this policy. A report of recommendation will be given to the bishop for his consideration.
4. Board members are to remain current on ongoing developments with regards to child sexual abuse, its prevention and its impact on the Church.
VIII. ALLEGATION PROCEDURE FOR PRIESTS AND DEACONS
A. The diocese shall provide the mechanisms for investigation (CIC, cc. 1717-1719) and
resolution (CIC, cc. 1720-1728) of allegations against priests or deacons in harmony with
canon law. All appropriate steps shall be taken to protect the reputation of the accused during
the investigation. The preliminary investigation will include the following steps:
1. The Bishop and the members of the diocesan Review Board will receive notice of the
existence of an allegation. The diocesan attorney will be contacted and consulted with respect to the preliminary inquiry or investigation.
2. The Bishop will assign the case to the Vicar General, Chancellor or another delegate to conduct the preliminary inquiry.
3. The purpose of the preliminary inquiry is to provide an initial assessment of the credibility of the allegation. The preliminary inquiry is not to delay compliance with the mandatory reporting laws regarding child sexual abuse. As soon as the Review Board receives the report of the preliminary inquiry they will convene and review the findings.
4. The Review Board will advise the Bishop whether, based upon the preliminary inquiry,
the allegation is credible. The Review Board will provide notice of its assessment to the alleged victim and alleged offender.
5. If the Bishop concludes that an instance of sexual abuse of a minor is credible, the alleged offender will be relieved of his ministry. This is to be taken as a temporary administrative measure, pending full investigation and resolution of the case.
6. Regardless of whether the alleged offender has been convicted in a criminal court by civil authorities of a sexually oriented offense, an allegation may be substantiated after a full investigation by the diocese
B. The accused will be encouraged to retain the assistance of civil and canonical counsel.
C. When there is sufficient evidence that sexual abuse of a minor has occurred, the Congrega-
tion for the Doctrine of the Faith shall be notified. The bishop shall then apply the precau-
ionary measures mentioned in CIC, c. 1722 – i.e., remove the accused from the sacred ministry
or from any ecclesiastical office or function, impose or prohibit residence in a given place or
territory, and prohibit public participation in the Most Holy Eucharist pending the outcome of the
process.
D. The alleged offender may be requested to seek, and may be urged voluntarily to comply with,
an appropriate medical and psychological evaluation at a facility mutually acceptable to the
diocese and to the accused (without prejudice to Canon 220), so long as this does not
interfere with the investigation by civil authorities.
E. When sexual abuse of a minor by a priest or a deacon is admitted or is established after an
appropriate process in accord with cannon law, the following will pertain:
1. When even a single act of sexual abuse of a minor by a priest or deacon is admitted or is established after an appropriate process in accord with canon law – regardless of when the abuse occurred, the offending priest or deacon will be removed permanently from ecclesiastical ministry, not excluding dismissal from the clerical state, if the case so warrants (CIC, c. 1395, §2).
2. In every case involving canonical penalties, the processes provided for in canon law and germane special norms of the Holy See must be observed (cf. Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995; cf. Letter from the Congregation for the Doctrine of the Faith, May 18, 2001).
3. Unless the Congregation for the Doctrine of the Faith, having been notified, calls the case to itself because of special circumstances, it will direct the bishop how to proceed (Article 13, “Procedural Norms” for Motu proprio Sacramentorum sanctitatis tutela, AAS, 93, 2001, p. 787). If the case would otherwise be barred by prescription, because sexual abuse of a minor is a grave offense, the bishop shall apply to the Congregation for the Doctrine of the Faith for a dispensation from the prescription when there are appropriate pastoral reasons.
4. If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity), the offender ought to lead a life of prayer and penance. 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 to present himself publicly as a priest.
F. At all times, the bishop has the executive power of governance, though 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 shall exercise this power of governance to ensure that any priest who has committed even one act of sexual abuse of a minor as described above shall not continue in active ministry. The bishop may exercise his executive power of governance to take one or more of the following administrative actions:
1. He may request that the accused freely resign from any currently held ecclesiastical office (CIC, cc. 187-189).
2. Should the accused decline to resign and should the bishop judge the accused to be truly not suitable (CIC, c. 149 §1) at this time for holding an office previously freely conferred (CIC, c. 157), then he may remove that person from office observing the required canonical procedures (CIC, cc. 192-195, 1740-1747).
3. For a cleric who holds no office in the diocese, any previously delegated faculties may be administratively removed (CIC, cc. 391 §1 and 142 §1), while any de iure faculties may be removed or restricted by the competent authority as provided in law (e.g., CIC, c. 764).
4. The bishop may also determine that circumstances surrounding a particular case constitute the just and reasonable cause for a priest to celebrate the Eucharist with no member of the faithful present (CIC, c. 906). The bishop may forbid the priest to celebrate the Eucharist publicly and to administer the sacraments, for the good of the Church and for his own good.
5. The bishop may also dispense (CIC, cc. 85-88) the cleric from the obligation of wearing clerical attire (CIC, c. 284) and may urge that he not do so, for the good of the Church and for his own good.
6. These administrative actions shall be taken in writing and by means of decrees (CIC, cc. 47-58) so that the cleric affected is afforded the opportunity of recourse against them in accord with canon law (CIC, cc. 1734ff).
G. The priest or deacon may at any time request a dispensation from the obligations of the clerical state.
H. In exceptional cases, the bishop may request of the Holy Father the dismissal of the priest or deacon from the clerical state ex officio, even without the consent of the priest or deacon.
I. For the sake of due process, the accused is to be encouraged to retain the assistance of civil and canonical counsel. When necessary, the diocese will supply canonical counsel to a priest or deacon. The provisions of CIC, Canon 1722 shall be implemented during the pendency of the penal process.
J. A cleric, if it appears advisable either for the protection of society or for his own welfare, may be encouraged to seek counseling, join support groups, or enter into a program of therapy which is mutually acceptable to the diocese and the cleric. Cost of such treatment will be negotiated between the cleric and the diocese. No cleric may be required to undergo professional treatment which includes coercion or intrusion into the sanctity of conscience. The requirements of Church law for sustenance are to be observed (Canons 281, 1274, and 1350).
IX. MEDIA REPRESENTATIVE
The bishop or his designee, will be the Diocesan Media Representative with respect to these policies
and procedures and any incidents covered by them. The Media Representative may advise the news
media of the substance of these policies and any incident subject to these policies. However, the
rights of the accused must be respected. The Media Representative should make it clear to the news
media that the primary concern of the Church is a pastoral concern for all –victims and their families
and the accused – and that any incidental harm to the Church as an institution is of secondary
consideration.
Appendix A: A Summary of Kansas Law (December 2002)
The following is a summary of Kansas law about reporting and other requirements relating to child abuse.
1. Who Must Report?
According to Kansas State Law (K.S.A. 38-1522), when there is reason to suspect
a child has been injured as the result of physical, mental emotional abuse or
neglect or sexual abuse, a report must be made by the following persons:
“Persons licensed to practice the healing arts or dentistry; persons licensed to
practice optometry; persons engaged in postgraduate training programs approved
by the state board of healing arts; licensed psychologists; licensed masters
level psychologists; licensed clinical psychotherapists; licensed professional
or practical nurses examining, attending or treating a child under the age of
18; teachers, school administrators or other employees of a school which the
child is attending; chief administrative officers of medical care
facilities; licensed marriage and family therapists; licensed clinical marriage
and family therapists; licensed professional counselors; licensed clinical
professional counselors; registered alcohol and drug abuse counselors; persons
licensed by the secretary of health and environment to provide child care
services or the employees of persons so licensed at the place where the child
care services are being provided to the child; licensed social workers;
firefighters; emergency medical services personnel; mediators appointed under
K.S.A. 23-602 and amendments thereto; juvenile intake and assessment
workers; and law enforcement officers.” (emphasis added)Any other person (i.e., those not
listed above) may report, but is not required to under Kansas law.
2. Priests and Religious.
Priests and religious are not specifically mentioned in the Kansas Statute as
persons who have a duty to report abuse. However, if the individual (whether
priest, religious, church or school employee or volunteer) falls into any of the
categories mentioned in K.S.A. 38-1522 (i.e., a priest or sister who is a
teacher, school administrator or otherwise employed by the school which the
child attends), he or she has the duty to report suspected abuse under Kansas
law. Kansas law does not say that clergy must report simply because they are
clergy. However, the Charter for Protection of Children and Young People issued
by the United States Conference of Catholic Bishops provides that in any case
where there is a report of abuse of a person presently a minor, the alleged
abuse will be reported to the appropriate authorities. If the victim is
no longer a minor, the diocese will cooperate with public authorities about
reporting, and will advise the victim of their right to make a report to public
authorities.
3. What Requires a Report? A report must be made when a person in any of the categories listed in K.S.A. 38-1522 has reason to suspect that a child has been injured through physical, mental or emotional abuse, or neglect or sexual abuse.
4. Summary of Legal Definitions:
“Child” refers generally to any person under 18 years of age.
“Abuse” minimally includes any or all of the following:
(a) physical, mental or emotional injury inflicted on a child;
(b) sexual contact or intercourse;
(c) sexual exploitation of a child.
“Neglect” minimally means failing to maintain reasonable care and treatment to the extent that the child’s health or emotional well-being is endangered.
5. To Whom Must The Report Be Made: Reports – oral or written – are made to the Kansas Department of Social and Rehabilitation Services (SRS). When this department is not open for business, the report is made to the appropriate law enforcement agency. (K.S.A. 38-1522 (c)).
6. Penalties for Failing to Report. Any person who is required to report as stated above and who willfully and knowingly fails to do so may be found guilty of a Class B Misdemeanor. (K.S.A. 38-122 (f)). Likewise, anyone who prevents or interferes with the making of a report required by law may be found guilty of a Class B Misdemeanor. (K.S.A. 38-1522 (g)).
7. Protection for Those Who Report. Under Kansas law (K.S.A. 38-1526), anyone participating without malice in the making of an oral or written report on the abuse of a child, or in any follow-up investigation of the report, shall have immunity from any civil liability that might otherwise be incurred or imposed. Such a participant has the same immunity with respect to participating in a judicial proceeding resulting from the report.
8. Penitential Communication Privilege. Kansas law (K.S.A. 60-429) recognizes as privileged what the statute defines as a “penitential communication”. A “penitential communication” means “any communication between a penitent and a regular or duly ordained minister of religion which the penitent intends shall be kept secret and confidential and which pertains to advice or assistance in determining or discharging the penitent’s moral obligations, or to obtaining God’s mercy or forgiveness for past culpable conduct.” (K.S.A. 60-429 (a) (5))
“A person, whether or not a party, has a privilege to refuse to disclose, and to prevent a witness from disclosing a communication if he or she claims the privilege and the judge finds that (1) the communication was a penitential communication, and (2) the witness is the penitent or the minister, and (3) the claimant is the penitent, or the minister making the claim on behalf of an absent penitent.” (K.S.A. 60-429 (b))
9. Non-Retaliation for Reporting or Cooperation. Kansas law (K.S.A. 38-1525) prohibits imposing sanctions on an employee making a report of suspected child abuse or cooperating- in an investigation. The Kansas State law is very specific: “No employer may terminate the employment of, prevent or impair the practice or occupation of or impose other sanctions on any employee because the employee made an oral or written report to a law enforcement agency or the S.R.S. relating to injury inflicted upon a child which was suspected by the employee of having resulted from the physical, mental or emotional abuse or neglect or sexual abuse of the child.” Violation of this law is a class B misdemeanor.
Any questions regarding this summary should be directed to the Vicar General, Chancellor or Diocesan Attorney.
Appendix B: Form for Reporting Sexual Misconduct with a Minor
REPORT OF SEXUAL MISCONDUCT WITH A MINOR
Name of person making report: ____________________________________
Position ____________________________________
Address ____________________________________
Telephone Number ___________________________
Date of Report ____________
Please state the name, address, position and telephone number (if known) of the person suspected or accused of sexual misconduct with a minor.
Name _____________________________
Position ___________________________
Address ___________________________
Telephone Number __________________
Please state the name, sex, age, address and telephone number of the child who has been or is suspected to be the victim of sexual misconduct or abuse.
Name ___________________________ Sex ______ Age _____
Address__________________________
Telephone Number _________________
Parents or Legal Guardians Name ______________________
Address__________________________
Telephone Number__________________
Please provide a description of the incident of sexual abuse, including the date, time and location of each act of sexual abuse.
(continue on separate page if necessary)
Please provide the names, positions, addresses and telephone numbers of all eyewitnesses or others having relevant information.
Name ___________________________
Position _________________________
Address _________________________
Telephone Number_________________
Name ___________________________
Position _________________________
Address _________________________
Telephone Number ________________
(continue on separate page if necessary)
Please provide any additional information bearing on the incident that may be helpful to an investigation.
Deliver completed report to any of the following:
1. Your Parish Priest or the Bishop
2. Victim Assistance Coordinator
P.O. Box. 980
Salina, KS 67402-0980
Appendix C: Victim Assistance Coordinator Description
Policy: The diocese will designate a Victim Assistance Coordinator who will provide a pastoral outreach and presence to alleged victims, the family, and other persons affected by abuse of a minor.
I. POSITION SUMMARY
The Victim Assistance Coordinator serves to provide immediate pastoral care to both victims and alleged victims of sexual abuse by church personnel. The goal of the coordinator is to promote healing and reconciliation with victims/survivors of child sexual abuse.
II. CLASSIFICATION: Contracted Service
III. ACCOUNTABLE TO: Bishop
Consultant to the diocesan Review Board
IV. MAJOR DUTIES AND RESPONSIBILITIES
1) Provide outreach and a pastoral response to the alleged victim and family.
2) Promote the well-being of alleged victims who contact the diocese.
3) Assist the alleged victim in making the complaint to the diocese.
4) Report all allegations to law enforcement officials.
5) Accompany the alleged victims if requested, to any meetings that are necessary.
6) Provide names of mental health professionals experienced in working with victims
of sexual abuse.
7) Offer assistance in finding competent spiritual help.
8) Monitor on-going pastoral needs of the alleged victim and family.
9) Maintain a list of mental health professionals, support groups and agencies throughout
the diocese trained to work with victims of sexual abuse.
10) Maintain, in collaboration with the diocesan library media person, various resources (printed
and non-printed materials) for victims of abuse.
11) Assist the bishop and diocesan review board in responding to allegations of child sexual abuse
by clergy or other church personnel.
IV. QUALIFICATIONS
1) A Catholic in full communion with the Church.
2) No prior criminal convictions/ criminal background check clearance.
3) Not an employee of the diocese.
4) Excellent interpersonal and group communication skills.
5) Good organizational skills.
6) Ability to maintain confidentiality in all areas of responsibility as required
7) Sincere commitment to others spiritual and emotional well-being, especially victims.
8) Acceptance of the Church’s teaching on morality and sexuality.
V. WORKING ENVIRONMENT
This position requires irregular hours that might include evening and weekend work.
VI. PROCEDURE
A. After an allegation is received and reported by the bishop, chancellor and another delegate of the bishop:
1) The alleged victim is advised that a Victim Assistance Coordinator will be made available if the
alleged victim so chooses. The Victim Assistance Coordinator serves only with the
permission of the alleged victim.
2) If permission is granted, the Victim Assistance Coordinator will be informed of the allegation and will
be given information on how to contact the alleged victim. Or the alleged victim will be allowed to
contact the Victim Assistance Coordinator.
3) The Victim Assistance Coordinator will contact the person for the purpose of providing a pastoral
presence and outreach to the alleged victim, family and other affected persons.
B. When an allegation is received directly by the Victim Assistance Coordinator from an alleged victim, the coordinator will:
1) Inform the alleged victim of the limits of confidentiality and civil authority reporting requirements.
2) In every instance, advise the alleged victim of his/her right to make a report to civil authorities.
3) In all cases of alleged sexual abuse of a minor, irregardless of when it was alleged to
have occurred, inform the alleged victim that the case will be reported immediately to the proper
authorities.
4) Offer assistance to the alleged victim in making the allegation known to the bishop or appropriate
diocesan personnel.
5) Provide pastoral outreach and presence to the alleged victim, family and others deemed
appropriate, with permission of the victim.