We live in troubling times. To use the old KJV language "perilous times." Part of the peril of our day has to do with the swirling issues in regard to human sexuality. Some of the dangers are obvious--there are those who adopt clearly wrong/destructive behavior and hurt not only themselves but others. On the other side is the reality that dangers lurk for those of us who are just trying to figure out what is the right response. How do those of us seek to proclaim God's truth and hope navigate these troubled waters? Some of us, who have reached a certain age, have seen the public and official agencies change views and policies. Some of these changes are for the worse, some for the better. Present attitudes and legal requirements concerning the abuse of children represent one area that has changed in recent decades. A case can be made that with the new abortion law just signed in New York, and the one being considered in Virginia, that our culture has forsaken its responsibility to protect the most vulnerable. I can't and won't argue with that, but that is not my purpose today.
The same bureaucratic machine that protects the right to kill the unborn, and perhaps the just-born, can cause a great deal of trouble for the pastor or other religious worker who is just trying to do the right thing. The Roman Catholic Church historically did the rest of us clergy a great service (though some would say what I'm about to say is a dis-service to many) by maintaining the sanctity of the confessional. As I understand it it is, "the absolute duty of priests not to disclose anything that they learn from penitents during the course of the Sacrament of Penance (confession)." Those of us who pastored in traditions that don't have confessionals generally adapted and adopted that general principle and applied it to matters shared with us in counseling or other pastoral ministry. Readers who are interested can search for ways in which this practice has been challenged in recent decades. It needs to be understood that while the general principle of pastoral confidentiality should be upheld, maintaining an absolute seal on information received in pastoral settings creates ethical problems.
In my pastoral ministry the expectation that I gave to people in counseling, etc. is that I will not tell/share anything that is inappropriate for me to share. The obvious implication being that there are some matters that I conclude should be shared. If the counselee is not comfortable with that assurance they can seek other counsel. We can talk more about that later. I have a different purpose today.
In my humble opinion, it is clear that pastors, youth leaders, and others who are likely to come face-to-face with child-abuse, or behavior that leads one to reasonably suspect that child-abuse it taking place be informed about what the law says about their responsibility to report.
My thoughts were jogged by two good articles that I read in the last couple of days:
What Clergy Need to Know About Mandatory Reporting, and
What Churches Need to Know about Sexual Crimes.
The second of the links above is particularly helpful in that it contains links that lead to several databases of information. As usual Gene Edward Veith is helpful. Both articles point out that laws vary from state (or in my case territory) to state. Also, it is clear that this is an area of law in which changes have been made, not only in actual statutes but in the way courts are interpreting them.
The articles provoked me to check what the law says in my new home, Guam. I would encourage my colleagues to do the same in the place where they serve.
I was reminded of a reality that I knew, but which is often not front and center in my thinking. For purposes of the law, a child (minor) is anyone not yet eighteen years of age. Even in the college setting where I currently work I on occasion deal with people who, for purposes of this law, are defined as children.
The Archdiocese of Agana is currently mired in a horrendous clergy sex-abuse scandal. The problem is not isolated to the Roman Catholic Church. A pastor friend of mine is on the docket to testify about another pastor's alleged abuse of a teen church member. Keeping these kinds of problems in mind, one can understand the motivation for the portion of Guam's Child Protective Act that specifically states that clergy are not exempted from reporting requirements. Many would say that the consequences for failing to report are not enough, but they are serious enough to bring fear to my heart.
"Any person required to report pursuant to § 13201 who fails to report an instance of child abuse which he or she knows to exist or reasonably should know to exist is guilty of a misdemeanor and is punishable by confinement for a term not to exceed six months, by a fine of not more than $1,000 or by both. A second or subsequent conviction shall be a felony in the third degree. Fines imposed for violations of this Chapter shall be deposited in the Victims Compensation Fund."
I know there may be times in which conscience may compel one to "obey God rather than man," and face the consequences. That's not my point today. As I began, we live in troubling times. It is wise to know the lay of the land and give some forethought to what one will or won't do. If these thoughts put you on track to do that, you are welcome.
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