INTRODUCTION #
The terms “childhood” and “innocence” are synonymous in ordinary language use. That is why the pain runs so deep for all those of good will when we learn that the innocence of a child has been harmed, and in some cases destroyed, by the experience of childhood abuse. In the Gospel, Jesus says, “Let the little ones come unto me” and “Woe to him who brings harm to the child.” Recognizing the particular beauty, innocence and vulnerability of children, Jesus entrusted them to our special care. Therefore, these policies and procedures have been developed to provide prompt and objective investigations of claims of abuse of children and to provide effective pastoral assistance to those who have been harmed.
As a condition of employment or other Church activity, those who serve the Archdiocese of San Francisco are required to follow the Policies and Procedures set forth herein.
DEFINITIONS #
“Child” is defined as a person under the age of 18 years, or a person whose usual ability to reason is limited to that of a person younger than 18 years.
“Child abuse” includes sexual abuse, non-accidental physical injury, and neglect. For the purposes of the Charter for Protection of Children, “Child Abuse” also includes the acquisition, possession, or distribution by a cleric of pornographic images of minors under the age of 18, for purposes of sexual gratification, by whatever means or using whatever technology.
“Child Protective Agency” for these purposes is the local Child Protective Services for cases of domestic abuse (instances in which the alleged abuser and the alleged victim share a common household) and any local law enforcement agency for instances of alleged abuse by someone not of the alleged victim’s household.
“Child-care custodian” includes school administrators, teachers, instructional aides, teacher aides, teacher assistants or extended-care personnel employed by any public or private school. It also means an administrator or employee of a public or private youth center, youth recreation program, or youth organization, as well as administrators or employees of a public or private organization whose duties require direct contact with, and supervision of, children. The law states that volunteers of such organizations are to be encouraged to obtain training in the identification and reporting of child abuse. The Archdiocese requires this training of all clergy and of all employees and volunteers who work with children.
“Clergy” is defined in California law as “a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized religious denomination or organization.” Roman Catholic tradition and canonical definition indicate that this would include those who have received Holy Orders: a deacon, priest or bishop. Consecrated men and women are to be held to the same standards as clergy.
“Reasonable suspicion” includes suspicion based on circumstances that would cause a “reasonable person” in a like position, drawing when appropriate upon his/her training and experience, to suspect child abuse.
OFFICE OF CHILD AND YOUTH PROTECTION #
The Archdiocese will maintain an Office of Child and Youth Protection that will include the functions of a Victim Assistance Coordinator and those of a Safe Environment Coordinator.
THE VICTIM ASSISTANCE COORDINATOR shall report to the Director of the Office of Child and Youth Protection and shall serve as staff to the Independent Review Board (hereinafter referred to as “the Board”), described below, for purposes of assisting the Board with its responsibility to advise on and audit established and proposed Archdiocesan policies, procedures and programs designed to prevent and respond to the sexual abuse of minors. The responsibilities of the Victim Assistance Coordinator shall include:
- Facilitate outreach to every person who has been the victim of sexual abuse as a minor by anyone acting in any ministry or activity of the Church, whether the abuse was recent or occurred many years in the past. The outreach will include arranging the provision of counseling, spiritual assistance, support groups, and other social services agreed upon by the victim and the Archdiocese. In cooperation with social service agencies and other churches, the Coordinator will foster and encourage support groups for victims/survivors and others affected by abuse at the Archdiocesan level and in local parish communities. The Coordinator shall also foster outreach to victims and to their families by arranging, upon request, for the Archbishop or his representative to meet with them, to listen with patience and compassion to their experiences and concerns, and to share the “profound sense of solidarity and concern” expressed by Pope Benedict XVI in his address to the Cardinals of the United States and officers of the U.S. Conference of Catholic Bishops.
- Coordinate assistance to parish communities affected by the sexual misconduct of ordained, religious, or lay personnel of the Archdiocese, including parish intervention teams staffed by personnel experienced in community healing.
- Maintain contact with the Archdiocese of San Francisco Independent Review Board, and the applicable Chancery officials, to ensure that during the course of the Board’s investigation of an abuse claim, appropriate spiritual and/or counseling needs are addressed.
THE SAFE ENVIRONMENT COORDINATOR will oversee the Archdiocesan efforts to create and maintain a safe environment for children in accordance with the Charter. The Coordinator will:
- Coordinate the Archdiocesan “Safe Environment” program, which will involve cooperation with parents, civil authorities, educators, the Archdiocesan Human Resources Office, and community organizations in providing education and training for children, youth, parents, ministers, educators, administrators, and others at the Archdiocese and parish/school levels about ways to create and maintain a safe environment for children.
- Maintain contact with the Archdiocesan Human Resources Office, Department of Catholic Schools, Department of Pastoral Ministry, Seminary, Catholic Charities/Catholic Youth Organization, and the Peninsula Parish School League, as applicable, to ensure that the policies regarding fingerprinting and background checks of personnel regularly involved with children, and the adequate screening and evaluative techniques for deciding the fitness of candidates for ordination, are properly followed.
- Accountability for this Safe Environment program will lie with the pastor for his assigned parish, for the school if one is associated with the parish, and for the athletic programs of his parish/school. If a school has no associated parish (e.g., the four Archdiocesan high schools, Saint Thomas More elementary school and Saint Brigid elementary school), the principal of the school is accountable for the school’s Safe Environment program and for the school’s involvement in the athletic leagues. The principal in these instances will be guided by the Department of Catholic Schools. The athletic leagues will help and support the schools and parishes, as they draw their volunteers from them, but the pastor and principal will retain accountability.
PERMANENT REMOVAL FROM EMPLOYMENT OR MINISTRY #
A priest, deacon or clergy candidate who has committed an act of sexual abuse of a minor will be permanently removed from active ministry and may not be transferred for ministerial assignment to another diocese/eparchy or religious province.
Before a priest or deacon can be transferred for residence to another diocese/eparchy or religious province, his bishop/eparch or religious ordinary shall forward, in a confidential manner, to the local bishop/eparch andreligious ordinary (if applicable) of the proposed place of residence, any and all information concerning any act of sexual abuse of a minor and any other information regarding his suitability for ministry with young people.
Employees or volunteers, other than clergy, who have committed an act of sexual abuse of a minor, will not be granted access to children on behalf of the Church. Employees will be terminated and the services of volunteers will no longer be used. These individuals may attend religious services at the parish of their choice, unless the pastor, in consultation with the Archbishop, decides otherwise, but they may not be involved in any parish or school activity.
RESPONSE TO ALLEGATIONS OF SEXUAL ABUSE OF MINORS #
The Archdiocese will report allegations and reasonable suspicions of abuse to the civil authorities, and will require all clergy, religious, employees and volunteers to do the same. In addition to requiring compliance with the civil laws and Archdiocesan policies regarding the reporting of the sexual abuse of minors, the Archdiocese will cooperate with civil authorities in their investigations in accord with the law. It will also cooperate with civil authorities’ reporting requirements in cases where the victim is no longer a minor. In every instance, victims will be advised of their right to make a report directly to the civil authorities and the Archdiocese will support this right.
INDEPENDENT REVIEW BOARD #
Because of the unique physical, psychological, and moral dimensions involved in claims of abuse of minors, there is a particular need to do everything possible to avoid even the perception in the minds of alleged victims, their families, the Christian faithful, and the public at large that the response to a complaint is anything less than thorough and objective. For this reason, an Independent Review Board (“The Board”) has been established by the Archbishop.
The Board will function as a confidential consultative body to the Archbishop and will advise the Archbishop in his assessment of allegations of sexual abuse of minors and in his determinations of suitability for ministry. It will regularly review Archdiocesan policies and procedures for dealing with sexual abuse of minors by way of an effective annual audit program and written report. The Board can review these matters both retrospectively and prospectively and give advice on all aspects of responses required in connection with these cases. The procedures for those making a complaint (set forth herein) will be readily available in printed form and will be the subject of periodic public announcements.
The Board will include as voting members at least five individuals with backgrounds in psychology, psychiatry, social work, nursing, licensed marriage and family counseling, or the law. This may include medical doctors, attorneys (e.g., retired judges, prosecutors, public defenders), or retired police or other forensic investigators, and may also include a survivor of clerical sexual abuse. At least one of these will have expertise in the treatment of sex abuse of minors. These will be persons of outstanding integrity and good judgment and will usually be Roman Catholic. The Archbishop may elect to appoint one or more non-Catholics who otherwise meet these criteria. While Archdiocesan personnel may, upon request, provide assistance to the Independent Review Board from time to time, such personnel shall not serve on the Board; with the exception that one Archdiocesan priest who is an experienced and respected pastor will be a member. An Archdiocesan canon lawyer will participate in a non-voting capacity to ensure the canonical rights of the accused and accuser. The members will be appointed to staggered terms of five years, which can be renewed once.
This Independent Review Board will work independently and may acquire the services of an independent investigator t