Guidelines for Receiving Pastoral Ministers in the USA

A1. The Essential Norms constitute particular law for the dioceses, eparchies, clerical religious institutes, and societies of apostolic life in the United States. They are binding, legal norms that direct how dio ceses/eparchies, clerical religious institutes, and soci eties are to receive, report, and resolve allegations of clerical sexual abuse of minors. They also direct what response is to be made to clerics who offend, includ ing the possibility of transfer of their residence. The Essential Norms are complementary to the universal law of the Church and to an institute’s or society’s own proper law. This means they must be applied and interpreted in a way that does not run counter to other approved law. A2. The Charter is a comprehensive set of policies established by common agreement of the bishops of the United States in June 2002 and last revised in 2011. The Charter does not constitute particular law for the United States; rather, it is a moral agreement entered into by the bishops for the sake of child and youth protection. The Charter addresses aspects of the pro tection of children and young people, with a broader scope and in more detail than do the Essential Norms . This would be the case, for instance, with regard to the nature of the National Review Board and the audit compliance process. The Charter also includes guidelines for reconciliation, healing, accountability, and prevention of further acts of child sexual abuse. A3. Church law stipulates that a minor is anyone who has not yet reached the age of eighteen, and that a person who habitually has diminished use of reason is to be treated as a minor. Prior to April 2001, the universal law pertaining to the delict of clerical sexual abuse of minors stated that a minor was considered anyone who had not yet reached the age of sixteen. In 1994, the National Council of Catholic Bishops (NCCB) requested and was granted a special con cession from the Holy See to define a minor, for the purposes of the delict, as those under the age of eigh teen. Accordingly, since 1994 this has been the age applicable within the United States for the canonical crime governing sexual abuse of a minor by a cleric. Q2. What is the Charter for the Protection of Children and Young People ? Q3.Who is a minor according to the Church’s law?

Case Study A diocesan bishop would like to accept an interna tional priest for ministry in his diocese. Chancery officials, however, are finding it difficult to obtain a criminal background check in addition to the required letter of suitability from his diocesan bishop. The ven dor that the diocese usually employs is unable to pro vide an evaluation of someone from a foreign country. Some in the chancery wonder if the R visa background check would suffice. Others doubt that this would sat isfy the requirements of the Charter . This case illustrates how challenging it is to obtain background checks from foreign countries. Nonetheless, the Charter for the Protection of Children and Young People requires that the background of everyone doing eccle siastical ministry must be evaluated. Some methods for vetting priests from other countries could include the following: developing a good relationship with the sending diocesan or eparchial bishop or major superior; having a frank and candid discussion with the send ing diocesan or eparchial bishop or major superior on the past behavior of the priest; receiving a written and signed document from the sending diocesan or epar chial bishop or major superior verifying that the priest in question has not been involved in activities that vio late the Charter or are illegal in the United States, with confirmation that the sending diocesan or eparchial bishop or major superior actually wrote and signed the document; and obtaining personal references from the seminary, vicar for clergy or religious, or other diocesan or eparchial official to verify further the priest’s record. It should be noted that the R visa background check concerns only whether or not a person is a threat to national security; therefore, it should not be the sole factor in vetting the priest’s background. Furthermore, Interpol’s primary function is to find and arrest notori ous criminals. A report from Interpol would not nec essarily supply the essential information needed from a background check. A letter from the priest’s local law enforcement authority, however, may serve to verify that the priest does not have a criminal record in his home country. Frequently Asked Questions Q1.What are the Essential Norms for Diocesan/ Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons?

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