Guidelines for Receiving Pastoral Ministers in the USA

States may set different and even stricter standards with regard to the age of a victim of child pornogra phy and what constitutes a violation of the civil law and may also criminalize many other forms of mis conduct. International pastoral ministers will often come from countries where the civil laws regarding child pornography—and child abuse in general— vary from those of the United States. Given this fact, ministers should be trained in the relevant ecclesiastical and civil law of the territorial area in which they will serve. Reporting of Allegations The receipt and reporting of allegations of sex ual abuse of minors is another area that should be addressed with international pastoral minis ters. The above referenced Circular Letter from the Congregation for the Doctrine of the Faith, states: “Sexual abuse of minors is not just a canonical delict but also a crime prosecuted by civil law. Although relations with civil authority will differ in various countries, nevertheless it is important to cooperate with such authority within their responsibilities. Specifically, without prejudice to the sacramental internal forum, the prescriptions of civil law regard ing the reporting of such crimes to the designated authority should always be followed. This collabo ration, moreover, not only concerns cases of abuse committed by clerics, but also those cases which involve religious or lay persons who function in ecclesiastical structures.” Article 4 of the Charter , following on Article 11 of the Essential Norms , expresses succinctly the strong commitment of the bishops of the United States to promote cooperation with civil authori ties: “Dioceses/eparchies are to report an allegation of sexual abuse of a person who is a minor to the public authorities. Dioceses/eparchies are to com ply with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities and cooperate in their inves tigation in accord with the law of the jurisdiction in question.” In the United States, every state has enacted civil laws that mandate reporting of child sexual abuse. These laws vary from state to state concerning who is a mandated reporter and what type of suspected abuse or mistreatment must be reported. They also differ concerning exemptions that might apply to ministers who receive information or allegations in a confidential forum. International pastoral ministers

should be well versed in the applicable civil law and the means by which reporting requirements are ful filled. This is especially the case if their country of origin does not mandate civil reporting of abuse. The Charter also stipulates that cooperation with public authorities should take place even if the per son alleged to have suffered sexual abuse is no longer a minor. Moreover, victims of sexual abuse are to be advised of their own right to make a report directly to public authorities. If requested or necessary, church ministers are to support this right in order to assure that cooperation with authorities takes place. Zero Tolerance Another provision of the Charter and Essential Norms that deserves special attention is the so-called zero tolerance provision for clerics who have offended. Article 5 of the Charter reads: “Diocesan/eparchial policy is to provide for even a single act of sexual abuse of a minor—whenever it occurred—which is admitted or established after an appropriate process in accord with canon law, the offending priest or deacon is to be permanently removed from ministry and, if warranted, dismissed from the clerical state.” This provision is also prescribed in Norm 8 of the Essential Norms . The United States remains one of very few countries in which its bishops have adopted a strin gent zero tolerance response to clerical sexual abuse of minors. Accordingly, international clerics, includ ing those in institutes and societies, who come to the United States may not be familiar with it or under stand its implications. They should be informed clearly concerning what the policy of zero tolerance means, why it is important for child protection, and how it applies to them. If they are found guilty of or admit to acts of sexual abuse of minors they will be permanently removed from public ministry in this country. It is also important for international clergy to know that a diocesan or eparchial bishop may act to withdraw a cleric from public ministry even in cases where a canonical penalty has not been applied in response to offensive acts. As Norm 9 of the Essential Norms stipulates: “At all times, the diocesan bishop/ eparch has the executive power of governance, within the parameters of the universal law of the Church, 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.” In this way, the Essential Norms recognize

F-2 | Child and Youth Protection and Safety