APRIL 1, 2002

STATES
Clergy sex abuse: New move toward tougher state laws

Just as policies on handling accusations of clergy sex abuse vary from Roman Catholic diocese to diocese, state laws differ widely on whether clergy and religious institutions are required to report allegations to law enforcement. Now, more states are considering tougher laws. The New York Senate, for one, unanimously passed a bill on March 26 to require clergy to report suspicions of child abuse.

Twelve states specifically require clergy to report suspected abuse, according to the National Clearinghouse on Child Abuse and Neglect Information, a federal agency. Another 16 states require “all persons” to report abuse. But many states grant exemption for information clergy learn during confession. (See list below).

In states where clergy are required to report abuse, what have been the effects, according to state attorneys general, advocates of children and victims, and religious leaders? Are clergy exempted if reporting accusations would violate confidentiality between clergy and confessor? What statues of limitation for sex-abuse allegations are in effect? Is your state considering a new law, or a tougher one?Are there other laws, such as those involving mental health counseling, that apply or that grant special clergy exemptions?

Why it matters
Because some religious institutions have handled allegations without involving the criminal justice system, many victims' only recourse has been lawsuits. Now child advocates, prosecutors and citizens are calling for laws to be toughened.

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Background
• A March 22 Associated Press article, "Clergy Reporting Rules," about state laws for reporting clergy abuse of minors is posted here. Under the listing of "Tort Law News" click "More" to find it.
• AdvocateWeb, a nonprofit group working against exploitation by professionals such as clergy and therapists, links to a sampling of state laws regarding sexual offenses. AdvocateWeb also tracks news stories via a free electronic newsletter and Media Update Archives.
• A Princeton Theological Seminary field handbook article explaining areas of the law affecting clergy, including child abuse reporting and privileged communication, can be found here.
• The Poynter Institute is tracking clergy abuse news stories here.

Hot sources
• The National Clearinghouse on Child Abuse and Neglect Information, Washington, D.C., a federal agency under the U.S. Department of Health and Human Services, can help with research and statistics. Call (800) FYI-3366 or (703) 385-7565 or email nccanch@calib.com.
• The U.S. Conference of Catholic Bishops supports stricter laws as long as the laws shield the privilege of confession and other clergy-parishioner conversations, (202) 541-3000.
• Attorney Jeff Anderson of St. Paul, Minn., has represented hundreds of clients who say Catholic priests sexually victimized them. Reinhardt & Anderson law firm, 651-227-9990 or info@ralawfirm.com.
• The Rev. Marie M. Fortune, founder and senior analyst at the Center for the Prevention of Sexual and Domestic Violence in Seattle, Wash., has written several books, including Is Nothing Sacred? When Sex Invades the Pastoral Relationship (HarperSanFrancisco). Dr. Fortune, a United Church of Christ minister, edits The Journal of Religion and Abuse. 206-634-1903, mfortune@cpsdv.org. See a March 9 column Fortune wrote for The Dallas Morning News.
• James T. Richardson, professor of sociology and judicial studies at the University of Nevada, Reno, specializes in ways religious groups come into conflict with the law. Office 775-784-6270, department 775-784-6647, jtr@unr.edu.

In your region
• The states that specifically require clergy to report suspected child abuse and neglect but grant confessional privilege are Arizona, California, Maine, Minnesota, Montana, Nevada, North Dakota, Oregon, and Pennsylvania, according to the National Clearinghouse on Child Abuse and Neglect Information.
• New Hampshire mandates clergy reporting and specifically denies confessional privilege.
• Connecticut and Mississippi require clergy to report, and say nothing in child abuse and neglect reporting statues about confessional privilege.
• The states that mandate all persons to report child abuse or neglect but grant confessional privilege are Delaware, Florida, Idaho, Kentucky, Maryland, Utah, and Wyoming.
• The states that mandate all persons to report and specifically deny confessional privilege are North Carolina, Rhode Island, and Texas.
• Indiana, Nebraska, New Jersey, New Mexico, Oklahoma, and Tennessee require everyone to report; child abuse and neglect reporting statutes say nothing about confessional privilege.
• Four states' statutes do not specifically mention clergy or "all persons" as people required to report child abuse and neglect, but they do bring up confessional privilege. Among those states, Louisiana, Missouri, and South Carolina grant it, and Washington State denies it.

ILLINOIS
• Illinois does not require clergy to report suspected child abuse. The Illinois Department of Children and Family Services discusses the law here.

INDIANA
• Indiana requires all citizens and, specifically, staff members of any public or private institution, school, facility or agency to report suspected child abuse. A copy of the code is posted here.

KENTUCKY
• Kentucky requires all citizens to report suspected child abuse, but exempts clergy-penitent communication. The Governor's Office of Child Abuse and Domestic Violence Services discusses the law and the exemptions.

MICHIGAN
• Michigan enacted legislation last year criminalizing sexual contact between mental health professionals and clients, but HB 4525 only moved forward after the deletion of language that had included clergy and spiritual counselors.
• Michigan does not require clergy to report suspected child abuse. The Detroit Free Press reported March 27 that a statewide poll, conducted March 19-25 by Lansing-based EPIC/MRA, found that more than 80 percent of Michigan residents said the law should be changed to require the reports.

OHIO
• Ohio specifically requires religious "healers" to report suspected child abuse or neglect. Look up a copy of the revised code relating to child abuse and neglect, Section 2151.421.

WEST VIRGINIA
• West Virginia specifically requires clergy and religious healers to report suspected child abuse or neglect. See West Virginia Children's Services' discussion of reporting requirements.