Here's a long post of material Im working up comparing the US proposals for Protection of Children with those adopted by the Bishops of England and Wales.
Somehow the English detailed protection policy involving every member of the Church almost makes our American "Charter for Protection" seem a wee bit like a protection for the Bishops from future law suits.
Check it out for yourself. (the "paste" looses all my neat fonts and formatting, but it gives you an idea of what was adopted.)
Charter (U.S.) vs. Program for Action (Engl.)
How The Policies were Developed
U.S. bishops:
Charter for the Protection of Children & Young People
(Dallas Statement)
Preamble
We Bishops take responsibility for dealing with this problem, with God's help and in full collaboration with our people - Have been addressing it: e.g.June 1992 meeting established 5 principles to be followed.
Cf. USCCB.org web site
(some Bishops observed them, some did not) And, of course, there were the preliminary reports given by Fr. Thomas Doyle and others dating back to 1985)
Present proposals now developed on basis of the Ad Hoc Committee proposals
English Bishops A Program for Action: Child Protection in the Catholic Church of England and Wales cf: Lord Nolan Report nolanreview.org.uk
Introduction
In 2000, Archbishop of Westminister invited Lord Nolan to chair an independent committee : 4 Cath. (incl. 1 Bishop, 1 Msgr.), 6 not.
This is the Final Report, adopted September, 2001
Process: They were asked to examine and review arrangements made for child protection and the prevention of abuse within the Catholic Church and to make recommendations; They invited wide consultation of competent people, including consultation with Irish Bishops.
Policy Statements
U.S. bishops:
The Church in the United States is experiencing a crisis without precedent in our times. The sexual abuse of children and young people by some priests and bishops, and the ways in which we bishops addressed these crimes and sins, have caused enormous pain, anger, and confusion. .... In the past, secrecy has created an atmosphere that has inhibited the healing process, and in some cases enabled sexually abusive behavior to be repeated.
- As bishops we acknowledge our mistakes...and we apologize and take responsibility for too often failing victims and our people in the past. We also take responsibility for dealing with this problem strongly, consistently, and effectively in the future.
- We acknowledge our need to be in dialogue with all Catholics, especially victims and parents, around this issue.
- By these actions, we want to demonstrate to the wider community that we comprehend the gravity of the sexual abuse of minors.
We Pledge:
1 - We will work to our utmost for protection of children and youth.
2 - We will devote the necessary resources and personnel
3 - We will do our best to ordain & put into positions of trust only those who share this commitment
4 - will work toward healing and reconciliation for those sexually abused by Clerics.
We Bishops of the U.S. commit ourselves to immediate implementation. of these Policies.
English Bishops
4.2 - The structure of the Church means that formal responsibility for action lies primarily with individual bishops and superiors of religious orders.
We are confident that all those involved commit themselves to the program we have set out. The key requirements are summarized in our first three recommendations:
Recommendation 1 - The Catholic Church should be an example of best practices of prevention of abuse & responding to it.
Recommendation 2 - Top priority is to have protective policies and practices operating effectively in parishes, dioceses, and religious orders.
Recommendation 3 - The whole Church of England and Wales and the individual bishops and religious superiors commit themselves to:
¥ A single set of policies, principles and practices based on the Paramount Principle and the 13 Principles of Safe From Harm, and the revised Working Together guidelines.
¥ effective & speedy implementation in parishes, Dioceses, and Religious Orders of a program to raise awareness and train those involved with implementing the policies.
¥ an organizational structure in the Parish, supported by the team of Child Protection Coordinators of the Diocese & religious Orders.
¥ A National Child Protection Unit which will advise Dioceses and Religious Orders, and monitor and report on progress.
¥ Entire church: Bishops & Orders commit themselves to single set of policies, principles, norms based on national Safe from harm and Working Together guidelines.
¥ Provision of adequate resources to support these arrangements.
Note: The Home Office Publications Safe from Harm (1993) and the Department of Health Working Together to Safeguard Children (1999) set out 13 statements of principle as a basis for practical action:
Managing the organization:
1. Adopt a policy statement on safeguarding the welfare of children.
2. Plan the work of the organization to minimize situations where the abuse of children might occur
3. Introduce a system whereby children may talk with an independent person.
Managing paid staff and volunteers
4. Apply agreed procedures for protecting children to all paid staff and volunteers
5. Give all paid staff and volunteers clear roles
6. Use supervision as a means of protecting children.
Choosing the right paid staff and volunteers
7. Treat all would-be paid staff and volunteers as job applicants for any position involving contact with children.
8. Gain at least one reference from a person who has experience of the applicant's work with children
9. Explore all applicants' experience or working with or contact with children in an interview
10. Find out whether an applicant has any conviction for criminal offense against children
11. Make paid or voluntary appointments conditional on successful completion of a probation
Dealing with Issues:
12. Issue guidelines on how to deal with the disclosure or discovery of abuse
Training
13. Train paid staff and volunteers, their line managers or supervisors, and policy makers in the prevention of Child Abuse.
... We hope that this report will help to bring about a culture of vigilance where every single adult member of the Church consciously and actively takes responsibility for creating a safe environment for children.
Policy Statement:
The Church recognizes the personal dignity and rights of children. The whole Church, and individual members of it, will undertake to do all in their power to create a safe environment for children and to prevent their physical, sexual or emotional abuse.
Church authorities will liaison closely with statutory agencies to ensure that any allegations of abuse are promptly and properly dealt with, victims supported, and perpetrators held to account.
Specific Recommendations Proposed
To promote Healing & reconciliation:
U.S. bishops:
Art. 1 - Dioceses will reach out to victims/survivors and their families., to every person who has been a victim of sexual abuse as a minor by anyone acting in the name of the Church, whether recent, or many years in the past.
... Support groups should be encouraged in every Diocese, and in local Parish communities
... This pastoral outreach of the bishop or his delegate will also be directed to faith communities in which the sexual abuse occured.
Art. 2 - Dioceses will have mechanisms in place to respond promptly to any allegation where there is reason to believe that sexual abuse of a minor has occurred.
- Dioceses will have assistance coordinators to aid in pastoral care
- Dioceses will have a review board (majority lay, not employed by Diocese)
¥ will assist bishop in assessing allegations and fitness for ministry
¥ will review diocesan policies and procedures
¥ can act both retrospectively and prospectively & give advice on all aspects of responses ...in connection with these cases.
Art. 3 - Dioceses will not enter into Confidentiality agreements (Unless for reasons brought forth by victim)
English Bishops
Recommendation 69 - It is important to treat allegations of past events about abuse in exactly the same way as allegations of current abuse.
Recommendation 70 - Historic cases which were known of in the past, but were not acted upon satisfactorily, should be reviewed as soon as possible, reported to statutory authorities wherever appropriate, and there should be continuing follow-up action including possible regular assessment.
Support for The Victim
Clearly an event of abuse or a decision to disclose one is a very difficult time for victims and their families. ... the Church should provide all available help.
The most helpful approach would be to make a support person available to those who have or may have suffered abuse. Such a person would be, first and foremost, a focal point for the victim and his/her family to turn to for help and advise. ... They must be acceptable to the victim, and the family, and once appointed be completely independent of the CPC and Team. The CPC should be responsible for ensuring that they are available, and for their training.
Recommendation 71 - A support person should be available to assist them in making a complaint, facilitate them in gaining access to information and other more specialized help, and to represent their concerns on an ongoing basis.
Recommendation 72 - The need for support may last for many years. The National Unit should compile and maintain a data base of support services to meet their needs
Support for the Parish
Recommendation 73 - For Parishes, The Bishop should provide support to help them cope where there are allegations against a priest or parish worker.
Support for the alleged abuser
Recommendation 74 - The person against whom allegations are made should have a support person available to provide advice, legal representation, and for other needs, and to advise of other sources of help.
Recommendation 75 - The CPC should be responsible for ensuring the appointment of people to provide support for both the victims and the alleged abuser and for seeing to it that they receive appropriate training. But they should operate completely independent of the CPC in relation to particular cases
To guarantee Effective Response to Allegations -
U.S. bishops:
Art. 4 - Diocese will report an allegation of sexual abuse of a minor to public authorities & cooperate with the investigation in accord with the law of the jurisdiction in question.
- They will cooperate with public authorities about reporting in cases where the person is no longer a minor.
- They will advise victims of their rights to report to civil authorities.
Art. 5 There is no place in the priesthood or religious life for those who would harm the young (Pope John Paul 2)
- When preliminary investigation so indicates, priest or deacon will be relieved of ministerial duties. The person will be referred to medical and psychological evaluation, so long as this does not interfere with civil investigation.
- If unfounded, every effort will be made to restore good name of the person
- If abuse is admitted or established in investigation in accord with Canon Law the following will pertain:
a) For even a single act -past, present or future - priest or deacon will be permanently removed from ministry & offered Professional assistance
b) Canon Law process must be observed. This may include dismissal from the Clerical State
c) If not dismissed from the clerical state, the offender is to live life of prayer and penance. he may not celebrate Mass publicly, wear clerical garb, or to present himself publicly as a priest.
Art.6 - Diocesan Standards of ministerial behavior and boundaries established and publicized for clergy and for all church workers in positions of trust who have regular contact with children and young people.
Art. 7 - Diocese have communications policy committing to transparency and openness. (within confines of respect for privacy and reputation of individuals involved) Especially in dealing with parish communities directly affected by ministerial conduct involving minors.
English Bishops
Recommendation 76 - A person against whom allegations are made should not be legally represented by the lawyer who is representing the diocese of religious order.
Recommendation 77 - As a general rule, clergy and lay workers who have been cautioned or convicted of an offence against children should not be allowed to hold any position that could possible put children at risk. The bishop or religious superior should justify any exceptions to this publicly (for example, by means of a letter to be read out in churches at Mass)
so far as lay workers are concerned, the position of the Church is substantially the same as for many other organizations. The position of Clergy is more difficult. Most posts to which priests might be appointed are likely to involve some contact with children. Nevertheless, the general principle should apply in their case also.
Withdrawal and Leave
When judged necessary by the police, social services, or the CPC team
¥ Volunteers should be required to withdraw from any church situation involving children until the investigations are complete.
¥ Any person Employed by the Church should be required to take leave on full pay
¥ Any Priest or Deacon should be required to take administrative leave
¥ If concerning a Bishop or Religious superior they should take administrative leave.
¥ If allegations are about a CPC or member of the team, allegations should be handled by some other team.
Penalties for Abusers who have been convicted or cautioned
Recommendation 78 - If a Bishop, Priest, or Deacon is convicted of a criminal offence and is sentenced to 12 months or more imprisonment, then it would normally be right to initiate the process of laicisation. It may also be appropriate in other circumstances. Failure to do so would need to be justified.
Under English Law the period of 12 months is set for compulsory disqualification of adult offenders from working with children.
We are aware that laicization (except by consent) is the decision of a tribunal at the end of a legal process. We also understand that in normal Canon Law that process may not be available for cases which took place some years ago. Even then, such cases can be referred to the Holy See.
We do not mean to imply that laicization is never appropriate for a lesser sentence. An abuser may have a number of shorter sentences or cautions. The judgement about initiating laicization must turn on the facts of a particular case.
We should add that laicization does not imply that the Church has no further part to play in relation to the abuser. The Church may be able to assist with the rehabilitation and pastoral needs of the person.
Recommendation 79 - Suspending or declaring a priest impeded will usually be an appropriate penalty for a conviction of caution for a child abuse offence. (If not sentenced to prison)
Mistakes and Lapses
Recommendation 80 - These should be acknowledged, reported, recorded and rectified wherever possible. If the mistake indicates that the system should be changed, then that should be done.
Even with a culture of vigilance, mistakes will happen. Our view is that mistakes should be acknowledged (publicly if necessary) recorded, reported, and rectified wherever possible. It is important that the culture be one of encouraging people to acknowledge mistakes. Consistently making mistakes will suggest that an individual cannot cope with their responsibilities and may need to be changed to ensure that children are adequately protected.
Child Abusers in the congregation
Recommendation 81 - The National Unit shall prepare and issue guidance on arrangements to enable the safe participation of former child abusers in the life of the church.
Comprehensive policies need to include addressing the issue of abusers who are intent on not re-offending and are present in the congregation, but not in positions of responsibility. An agreement could be drawn up which would cover : a) the risks posed to the Church and young people, and how they should be managed. b) how those in the parish who need to know can best respond in order to help the abuser in their efforts not to repeat their abusive behavior c) the level and kind of involvement in parish activities that is considered safe and acceptable and how to monitor it. D) what to do if the agreement is not adhered to.
A wide understanding
Recommendation 82 - A leaflet should be prepared for wide distribution within parishes explaining the policies and practices that the Church has put in place.
We emphasize the importance of everyone in the Church understanding what is being done and why. For that reason we lay stress on a culture of vigilance - raising awareness and making information available in a simple and accessible form.
To ensure Accountability of Procedures
U.S. bishops:
Art. 8 - We authorize the establishment of a National Office for Child & Youth Protection at NCCB, appointed by the General Secretary in order to:
a) assist individual dioceses in implementing safe environment programs. b) assist provinces and regions in auditing adherence to policies
c) provide an Annual report on what Dioceses are doing
Art. 9 - above Office will be assisted & monitored by Review Board, including Parents, apptpointed by Conference President & reporting to him.
- This National Review Board will commission a study of causes and context of the current crisis Including the nature and scope of the problem within the Catholic Church, and compile statistical data on perpetrators & victims.
Art. 10 - The present ad hoc committee will be reconstituted as a Committee on Sexual Abuse which will include representation from all episcopal regions
Art. 11 - President of Bishops Conference will inform the Holy See of this charter
English Bishops
On The National Level
Recommendation 16 - A National Child Protection Unit will be established to:
- Advise Bishops & Religious Congregations
- Hold data base of information & training provided
- Maintain a central confidential database of information on all applicants for priesthood, or other clergy as well as male and female applicants for Religious Life. These records should be kept for 100 yrs.
Recommendation 17 - This Unit should also collect data, monitor that effective arrangements are implemented in dioceses and religious orders, and seek to secure improvements where necessary.
Recommendation 18. - The Unit should make regular reports to diocesan bishops and religious superiors on the effectiveness of arrangements in each diocese or order. It should also make annual reports, which should be published, to the Bishops Conference and the Conference of Religious
Recommendation 19 - the Unit should make a public annual report to the Bishops Conference on the overall position in dioceses, and a public annual report to the Conference of Religious on the position in religious orders.
Recommendation 20 - The Unit should have a standing advisory or reference group with which it can consult and discuss issues, and which will include professionals in the field, representatives of the relevant statutory agencies and other major stakeholders.
In the Diocese & Religious Orders
Each Diocese and Religious Superior should appoint a Child Protection Coordinator
Seminaries and Formation Houses
Should appoint a Child Protection Coordinator and implement child protection as prescribed.
Organization in the Parish
Recommendation 5 - A lay parish Child Protection Representative should be appointed in every parish, to ensure: - That Diocesan Policies & Proceedures are known & followed.
- that awareness is raised - that principles are applied in everyday practice.
Recommendation 6 - this person should be appointed by the Diocesan Coordinator, upon consultation with the Parish
Recommendation 7 - Parish coordinators in each deanery should meet together for mutual support and help.
The Child Protection Coordinator and Team, at every level
- Will ensure that the diocese, Order, or Seminary implements the national policy & practices
- Regularly reviews its performance
- Helps parishes & others to apply the guidelines, facilitate training, and awareness programs.
- oversee arrangements for responding to allegations, and for risk assessment.
The CPC needs to be the right person for the job, not necessarily a professional, but with proper support and training. They need to maintain a close liaison with statutory agencies.
Each CPC should make an annual report on actions taken and progress made. Copies of the reports should be sent to the National Child Protection Unit.
Child Protection Coordinators have a particular responsibility for ensuring that appropriate training and awareness raising is undertaken.
To Protect People in the Future
U.S. bishops:
Art.12 - Diocese will establish Òsafe environmentÓ programs.
- Cooperate with everyone to provide education and training for children, youth, parents, ministers, educators all who work with youth.
- Make clear to clergy and all members of the community the standards of conduct for clergy and other persons in position of trust with regard to sexual abuse.
English Bishops
Creating a Safe Environment
Recommendation 21 - The National Child Protection Unit should issue recommended codes of conduct and practical guidance on safe working with children, and keep them under review.
Recommendation 22 - a) All involved will adopt the 13 principles of the document Safe from harm and the policies of Working Together.
Recommendation 23 - b) National Unit should issue guidance on raising awareness of children on Protection issues.
Recommendation 24 - c) This guidance should cover advice for all adults as to what is appropriate and inappropriate behavior and what children's expectations should be.
Recommendation 25 - d) The confessions of children should be held in a setting where both priest and child can seen but not heard
Recommendation 26 - e) Each Diocese and Parish should ensure that there is an independent person for children to talk with. How to contact that person, and a children's help line should be easily available in every parish church or other place where activity with children takes place.
Recommendation 27 - f) All people working with children, employed or volunteer, should have clear job descriptions, and should have appropriate supervision.
Recommendation 28 - g) For all posts working with children (paid or voluntary) there should be effective supervision providing an opportunity to review progress and discuss issues.
Recommendation 29 - h) Before working with children they should complete an application, give references, and agree to a criminal record check.
...
Selection and appointment
Recommendation 30 - Failure to comply with 29 must mean that the individual cannot be appointed to the post.
Recommendation 31 - The candidate must be given a personal interview. Any doubts must be pursued
Recommendation 32 - They should have a probationary period before being confirmed to a job
Recommendation 33 - The Church and relevant Church organizations should register with the Criminal Records Bureau and use its services as a matter of course.
Recommendation 41 - Candidates from other countries for clerical, lay, or voluntary positions should be subject to the preceding recommendations.
Training and awareness is a key requirement.
Responding to allegations
1. The CPC must ensure that arrangements and trained personnel are in place to respond to allegations.
2. Every Diocese and Religious Order must have a properly composed Child Protection Management Team to deal effectively with any reports or incidents.
3. The Team should include suitably trained child care professionals, a lawyer, a communications officer, a lay person, and a priest. Other experts may be apappropriate in particular circumstances.
Disclosures and Suspicions
The paramount principle is that the welfare of the child must be protected. Any disclosure or suspicions must be acted on swiftly.
Anyone who makes a disclosure should be advised to share it with the Statutory agency and the CPC. If the person receiving the disclosure has reason to believe that the person involved will not disclose it, they should report it themselves.
The advise given should be given in writing to the person , providing information about how to contact the proper people for reporting. They should also keep the person informed as to what is being done about the case.
Anybody who receives a suspicion should advise the reporter of it to share it with the CPC. Or share it themselves. The CPC will arrange for an initial assessment and bring in the statutory agencies as necessary.
Any information offered in confidence (unless it is in the confidence of the Confessional, which is absolute) should be received on the basis that it will be shared with the CPC and, if appropriate, with statutory agencies.
Otherwise, careful confidentiality should be observed, and any information shared on the basis of a strict Ôneed to know.
Risk Assessment
When there is a disclosure statutory authorities should be brought in right away, wit no filtering, to take the lead in investigating and assessing the situation.
When there is only a suspiscion the CPC should arrange for an initial assessment to discern whether there are concerns that should be acted upon. If there are such concerns, the statutory authorities should be brought in.
After an allegation has been investigated, the case may be dropped, or the alleged perpetrator found not guilty. Even in these cases a thorough risk assessment should be made. A person should not be placed in any role that might put children at risk.
Seminaries & Formation Houses
U.S. bishops:
Art.13 - Dioceses will evaluate background of all personnel involved with children. They will utilize the resources of law enforcement and other community agencies.
In addition they will use adequate screening and evaluative techniques in deciding the fitness of candidates for Ordination. ( cf: NCCB ÒProgram of Priestly Formation 1993)
Art. 17 - We pledge our complete cooperation with Apostolic Visitation of Seminaries & Religious formation houses,... focusing on the question of human for celibate chastity based on the criteria found in Pastores Dabo Vobis.
- Dioceses will develop systematic ongoing formation programs ... for formation of mature and holy priests, and to assist priests in living out of their vocation.
English Bishops
Seminaries and Formation Houses
Should appoint a Child Protection Coordinator and implement child protection as prescribed.
These Recommendations ( cf above ) should be strictly applied for candidates considered for ordination, and those involved in their selection should err on the side of caution.
Bishops and Religious Superiors should not over-rule Selection Boards where reservations are expressed about a candidateÕs suitability for ordination on the grounds of possible risks to children.
The Church should maintain a single national database of information on all applicants for ordained priesthood, permanent diaconate, and all male and female applicants for Religious life. And decisions should not be made by Selection Boards without reference to it.
Re-assignments and Transfers
U.S. bishops:
Art. 14 - When a Cleric is proposed for a new assignment, transfer, residence in another diocese or another country, or residence in a local community of a religious institute, ... records will be reviewed and forwarded.
Art. 15 - Bishops Committee will meet with Conference of Major Superiors of Men to determine how this Charter will be conveyed and established in the communities of religious men in the United States. Major Superiors of Clerical institutes will meet periodically to coordinate their roles concerning the issue of allegations against a Clerical member of a Religious institute ministering in a diocese.
Art. 16 - Given the extent of the problem of sexual abuse of minors in our society we are willing to cooperate with all others for the purpose of conducting research into this area of abuse.
English Bishops
On moving to a new post, either within or outside of the country, Clergy, Religious, and lay workers should have their position reviewed and all relevant information be provided to the new employer.
Conclusion
U.S. bishops:
We affirm our concern for other issues especially related to effective consultation of laity & their participation in decision making that effects their well being.
Sex abuse not only done by priests. We want to recognize essential soundness of priesthood It is essential to have prayer, acts of reparation and a call to holiness are to ensure that priests use Òproven waysÓ of avoiding sin.
These Policies to be reviewed in two years from now (2004) by Conf. Of Bishops & National Review Board described in Art. 9
English Bishops
Further Review
recommendation 82 - These recommendations should be reviewed after five years.
We have concentrated our report, as we were asked to do, on preventing abuse by clergy and other church workers. But most child abuse takes place in the family or in other contexts outside of the Church. By raising awareness among both adults and children there should be a wider value in helping to prevent abuse in the community Members of the Church need to know that when they hear of disclosures or suspicions unconnected with church workers they should report them immediately to the local authority social services of police.
