A Closer Look at What Bishops Hath Wrought

Last week, the nation’s Roman Catholic bishops overwhelmingly approved their first national policy to oust all priests from public ministry who molest minors.

In cases where a priest is not defrocked for abuse, he will be subject to harsh restrictions that will virtually ban him from face-to-face contact with parishioners. He will not be permitted to wear clerical garb, celebrate Mass or publicly present himself as a priest.

Here is an excerpted version of the Charter for the Protection of Children and Young People, approved June 14 on a 239-13 vote of the nation’s bishops:

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Preamble

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. Innocent victims and their families have suffered terribly.

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 our role in that suffering, 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. From the depths of our hearts, we bishops express great sorrow and profound regret for what the Catholic people are enduring.

To Promote Healing and Reconciliation With Victims/Survivors of Sexual Abuse of Minors

ARTICLE 1:

Dioceses will reach out to victims/survivors and their families and demonstrate a sincere commitment to their spiritual and emotional well-being. The first obligation of the church with regard to the victims is for healing and reconciliation. Where such outreach is not already in place and operative, each diocese is to develop an outreach to every person who has been the victim of sexual abuse as a minor by anyone acting in the name of the church, whether the abuse was recent or occurred many years in the past.

ARTICLE 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 a competent assistance coordinator to aid in the immediate pastoral care of persons who claim to have been sexually abused as minors by clergy or other church personnel.

Dioceses will also have a review board, the majority of whose members will be laypersons not in the employ of the diocese. This board will assist the diocesan bishop in assessing allegations and fitness for ministry, and will regularly review diocesan policies and procedures for dealing with sexual abuse of minors.

ARTICLE 3:

Dioceses will not enter into confidentiality agreements except for grave and substantial reasons brought forward by the victim/survivor and noted in the text of the agreement.

To Guarantee an Effective Response to Allegations of Sexual Abuse of Minors

ARTICLE 4:

Dioceses will report an allegation of sexual abuse of a person who is a minor to the public authorities. They will cooperate in their investigation in accord with the law of the jurisdiction in question.

Dioceses will cooperate with public authorities about reporting in cases when the person is no longer a minor. In every instance, dioceses will advise victims of their right to make a report to public authorities and will support this right.

ARTICLE 5:

We repeat the words of our Holy Father in his “Address to the Cardinals of the United States and Conference Officers”: “There is no place in the priesthood or religious life for those who would harm the young.” When the preliminary investigation of a complaint against a priest or deacon so indicates, the diocesan bishop will relieve the alleged offender promptly of his ministerial duties.

The alleged offender will be referred for appropriate medical and psychological evaluation, so long as this does not interfere with the investigation by civil authorities. When the accusation has proved to be unfounded, every step possible will be taken to restore the good name of the priest or deacon.

Where sexual abuse by a priest or a deacon is admitted or is established after an appropriate investigation in accord with canon law, the following will pertain:

* Diocesan policy will provide that for even a single act of sexual abuse of a minor--past, present or future--the offending priest or deacon will be permanently removed from ministry. In keeping with the stated purpose of this charter, an offending priest or deacon will be offered professional assistance for his own healing and well-being as well as for the purpose of prevention.

* In every case, the processes provided for in canon law must be observed, and the various provisions of canon law must be considered. These provisions may include a request by the priest or deacon for dispensation from the obligation of holy orders and the loss of the clerical state, or a request by the bishop for dismissal from the clerical state even without the consent of the priest or deacon.

* If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity), the offender is to lead a life of prayer and penance. He will not be permitted to celebrate Mass publicly, to wear clerical garb, or to present himself publicly as a priest.

ARTICLE 6:

While the priestly commitment to the virtue of chastity and the gift of celibacy is well known, there will be clear and well-publicized diocesan standards of ministerial behavior and appropriate boundaries for clergy and for any other church personnel in positions of trust who have regular contact with children and young people.

ARTICLE 7:

Each diocese will develop a communications policy that reflects a commitment to transparency and openness. Within the confines of respect for the privacy and the reputation of the individuals involved, dioceses will deal as openly as possible with members of the community. This is especially so with regard to assisting and supporting parish communities directly affected by ministerial misconduct involving minors.

To Ensure the Accountability of Our Procedures

ARTICLE 8:

To assist in the consistent application of these principles and to provide a vehicle of accountability and assistance to dioceses in this matter, we authorize the establishment of an Office for Child and Youth Protection at our national headquarters. The tasks of this office will include:

* Assisting individual dioceses in the implementation of “safe environment” programs.

* Assisting provinces and regions in the development of appropriate mechanisms to audit adherence to policies.

* Producing an annual public report on the progress made in implementing the standards in this charter.

This report shall include the names of those dioceses which, in the judgment of this office, are not in compliance with the provisions and expectations of this charter. This office will have staffing sufficient to fulfill its basic purpose. Staff will consist of persons who are expert in the protection of minors; they will be appointed by the general secretary of the [bishops] conference.

ARTICLE 9:

The work of the Office for Child and Youth Protection will be assisted and monitored by a review board--including parents--appointed by the conference president and reporting directly to him.

The board will also commission a descriptive study, with the full cooperation of our dioceses, of the nature and scope of the problem within the Catholic Church in the United States, including such data as statistics on perpetrators and victims.

ARTICLE 10:

The membership of the Ad Hoc Committee on Sexual Abuse will be reconstituted to include representation from all the episcopal regions of the country.

ARTICLE 11:

The president of the conference will inform the Holy See of this charter to indicate the manner in which we, the Catholic bishops, together with the entire church in the United States, intend to address this present crisis.

To Protect the Faithful in the Future

ARTICLE 12:

Dioceses will establish “safe environment” programs. They will cooperate with parents, civil authorities, educators and community organizations to provide education and training for children, youth, parents, ministers, educators, and others about ways to make and maintain a safe environment for children.

ARTICLE 13:

Dioceses will evaluate the background of all diocesan and parish personnel who have regular contact with minors. Specifically, they will utilize the resources of law enforcement and other community agencies.

ARTICLE 14:

When a cleric is proposed for a new assignment, transfer, residence in another diocese or diocese in a country other than the United States, or residence in the local community of a religious institute, the sending bishop or major superior will forward and the receiving bishop or major superior will review--before assignment--an accurate and complete description of the cleric’s record, including whether there is anything in his background or service that would raise questions about his fitness for ministry.

ARTICLE 15:

The Ad Hoc Committee on Sexual Abuse and the officers of the Conference of Major Superiors of Men will meet to determine how this charter will be conveyed and established in the communities of religious men in the United States.

ARTICLE 16:

Given the extent of the problem of the sexual abuse of minors in our society, we are willing to cooperate with other churches and ecclesial communities, other religious bodies, institutions of learning, and other interested organizations in conducting research in this area.

ARTICLE 17:

We pledge our complete cooperation with the apostolic visitation of our diocesan seminaries and religious houses of formation ... these new visits will focus on the question of human formation for celibate chastity.... We look forward to this opportunity to strengthen our priestly formation programs so that they may provide God’s people with mature and holy priests.

Conclusion

We pledge most solemnly to one another and to you, God’s people, that we will work to our utmost for the protection of children and youth. We pledge that we will devote to this goal the resources and personnel necessary to accomplish it.

We pledge that we will do our best to ordain to the priesthood and put into positions of trust only those who share this commitment to protecting children and youth. We pledge that we will work toward healing and reconciliation for those sexually abused by clerics.