|
| |
Copyright © 2002 United States Conference of Catholic Bishops,
Washington, D.C. 20017. This statement may be reproduced and publicly
distributed for purposes of criticism, comment, news reporting, teaching,
scholarship, or research only.
Download a PDF
of this publication.
Charter for the Protection
of Children and Young People
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.
We, who have been given the responsibility of shepherding God's people,
will, with God's help and in full collaboration with our people, continue
to work to restore the bonds of trust that unite us. Words alone cannot
accomplish this goal. It will begin with the actions we take here in our
General Assembly and at home in our dioceses/eparchies.
The damage caused by sexual abuse of minors is devastating and long-lasting.
We reach out to those who suffer, but especially to the victims of sexual
abuse and their families. We apologize to them for the grave harm that
has been inflicted upon them, and we offer them our help for the future.
In the light of so much suffering, healing and reconciliation are beyond
human capacity alone. Only God's grace, mercy, and forgiveness can lead
us forward, trusting Christ's promise: "for God all things are possible"
(Mt 19:26).
The loss of trust becomes even more tragic when its consequence is a loss
of the faith that we have a sacred duty to foster. We make our own the
words of our Holy Father: that sexual abuse of young people is "by
every standard wrong and rightly considered a crime by society; it is
also an appalling sin in the eyes of God" (Address to the Cardinals
of the United States and Conference Officers, April 23, 2002).
The Conference of Bishops has been addressing the evil of sexual abuse
of minors by a priest and, at its June 1992 meeting, established five
principles to be followed (cf. Ad Hoc Committee on Sexual Abuse, National
Conference of Catholic Bishops, Restoring Trust, November 1993).
We also need to recognize that many dioceses and eparchies did implement
in a responsible and timely fashion policies and procedures that have
safeguarded children and young people. Many bishops did take appropriate
steps to address clergy who were guilty of sexual misconduct.
Let there now be no doubt or confusion on anyone's part: For us, your
bishops, our obligation to protect children and young people and to prevent
sexual abuse flows from the mission and example given to us by Jesus Christ
himself, in whose name we serve.
Jesus showed constant care for the vulnerable. He inaugurated his ministry
with these words of the Prophet Isaiah:
The Spirit of the Lord is upon me,
because he has anointed me
to bring glad tidings to the poor.
He has sent me to proclaim liberty to captives
and recovery of sight to the blind,
to let the oppressed go free,
and to proclaim a year acceptable to the Lord. (Lk 4:18)
In Matthew 25, the Lord made this part of his commission to his apostles
and disciples when he told them that whenever they showed mercy and compassion
to the least ones, they showed it to him.
Jesus extended this care in a tender and urgent way to children, rebuking
his disciples for keeping them away from him: "Let the children come
to me" (Mt 19:14). And he uttered the grave warning about anyone
who would lead the little ones astray, saying that it would be better
for such a person "to have a great millstone hung around his neck
and to be drowned in the depths of the sea" (Mt 18:6).
We hear these words of the Lord as prophetic for this moment. With a firm
determination to resolve this crisis, we bishops commit ourselves to a
pastoral outreach to repair the breach with those who have suffered sexual
abuse and with all the people of the Church. We renew our determination
to provide safety and protection for children and young people in our
church ministries and institutions. We pledge ourselves to act in a way
that manifests our accountability to God, to his people, and to one another
in this grave matter. We commit ourselves to do all we can to heal the
trauma that victims/survivors and their families are suffering and the
wound that the whole Church is experiencing. 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.
To fulfill these goals, our dioceses/eparchies and our national conference,
in a spirit of repentance and renewal, will adopt and implement policies
based upon the following.
To Promote Healing and Reconciliation with Victims/Survivors
of Sexual Abuse of Minors
ARTICLE 1. Dioceses/eparchies 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/eparchy
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.
This outreach will include provision of counseling, spiritual assistance,
support groups, and other social services agreed upon by the victim and
the diocese/eparchy. In cooperation with social service agencies and other
churches, support groups for victims/survivors and others affected by
abuse should be fostered and encouraged in every diocese/eparchy and in
local parish communities.
Through pastoral outreach to victims and their families, the diocesan/eparchial
bishop or his representative will offer 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
our Holy Father in his Address to the Cardinals of the United States and
Conference Officers. This pastoral outreach by the bishop or his delegate
will also be directed to faith communities in which the sexual abuse occurred.
ARTICLE 2. Dioceses/eparchies 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/eparchies
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/eparchies will also have a review
board, the majority of whose members will be lay persons not in the employ
of the diocese/eparchy. This board will assist the diocesan/eparchial
bishop in assessing allegations and fitness for ministry, and will regularly
review diocesan/eparchial policies and procedures for dealing with sexual
abuse of minors. Also, the board can act both retrospectively and prospectively
on these matters and give advice on all aspects of responses required
in connection with these cases. The procedures for those making a complaint
will be readily available in printed form and will be the subject of periodic
public announcements.
ARTICLE 3. Dioceses/eparchies 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/eparchies 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/eparchies will cooperate with public authorities about reporting
in cases when the person is no longer a minor.
In every instance, dioceses/eparchies 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 (cc. 1717-1719) against
a priest or deacon so indicates, the diocesan/eparchial bishop will relieve
the alleged offender promptly of his ministerial duties (cf. c. 1722).
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/eparchial policy will provide that for even a single act
of sexual abuse (see Article 1, note *) 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 (cf. Canonical
Delicts Involving Sexual Misconduct and Dismissal from the Clerical
State, 1995; cf. Letter from the Congregation for the Doctrine
of the Faith, May 18, 2001). 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. For the sake of due process, the accused is
to be encouraged to retain the assistance of civil and canonical counsel.
When necessary, the diocese/eparchy will supply canonical counsel
to a 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/eparchial 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/eparchy 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/eparchies 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/eparchies 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 (1) assisting individual dioceses/eparchies
in the implementation of "safe environment" programs (see Article
12 below), (2) assisting provinces and regions in the development of appropriate
mechanisms to audit adherence to policies, and (3) producing an annual
public report on the progress made in implementing the standards in this
Charter. This public report shall include the names of those dioceses/eparchies
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 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 approve the annual report of the implementation
of this Charter in each of our dioceses/eparchies, as well as any recommendations
that emerge from this review, before the report is submitted to the President
of the Conference and published. To understand the problem more fully
and to enhance the effectiveness of our future response, the National
Review Board will commission a comprehensive study of the causes and context
of the current crisis. The Board will also commission a descriptive study,
with the full cooperation of our dioceses/eparchies, 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/eparchies 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. Dioceses/eparchies
will make clear to clergy and all members of the community the standards
of conduct for clergy and other persons in positions of trust with regard
to sexual abuse.
ARTICLE 13. Dioceses/eparchies will evaluate
the background of all diocesan/eparchial and parish personnel who have
regular contact with minors. Specifically, they will utilize the resources
of law enforcement and other community agencies. In addition, they will
employ adequate screening and evaluative techniques in deciding the fitness
of candidates for ordination (cf. National Conference of Catholic Bishops,
Program of Priestly Formation, 1993, no. 513).
ARTICLE 14. When a cleric is proposed for a new
assignment, transfer, residence in another diocese/eparchy or diocese/eparchy
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 (cf. National Conference of Catholic Bishops
and Conference of Major Superiors of Men, Proposed Guidelines on the
Transfer or Assignment of Clergy and Religious, 1993).
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. Diocesan/eparchial
bishops and major superiors of clerical institutes or their delegates
will meet periodically to coordinate their roles concerning the issue
of allegations made against a cleric member of a religious institute ministering
in a diocese/eparchy.
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/eparchial seminaries and
religious houses of formation recommended in the Interdicasterial Meeting
with the Cardinals of the United States and the Conference Officers in
April 2002. Unlike the previous visitation, these new visits will focus
on the question of human formation for celibate chastity based on the
criteria found in Pastores Dabo Vobis (1992). 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. Dioceses/eparchies
will develop systematic ongoing formation programs in keeping with the
recent Conference document Basic Plan for the Ongoing Formation of
Priests (2001) so as to assist priests in their living out of their
vocation.
Conclusion
In the midst of this terrible crisis of sexual abuse of young people by
priests and bishops and how it has been dealt with by bishops, many other
issues have been raised. In this Charter we focus specifically on the
painful issue at hand. However, in this matter, we do wish to affirm our
concern especially with regard to issues related to effective consultation
of the laity and the participation of God's people in decision making
that affects their well-being.
We must increase our vigilance to prevent those few who might exploit
the priesthood for their own immoral and criminal purposes from doing
so. At the same time, we know that the sexual abuse of young people is
not a problem inherent in the priesthood, nor are priests the only ones
guilty of it. The vast majority of our priests are faithful in their ministry
and happy in their vocation. Their people are enormously appreciative
of the ministry provided by their priests. In the midst of trial, this
remains a cause for rejoicing. We deeply regret that any of our decisions
have obscured the good work of our priests, for which their people hold
them in such respect.
It is within this context of the essential soundness of the priesthood
and of the deep faith of our brothers and sisters in the Church that we
know that we can meet and resolve this crisis for now and the future.
An essential means of dealing with the crisis is prayer for healing and
reconciliation, and acts of reparation for the grave offense to God and
the deep wound inflicted upon his holy people. Closely connected to prayer
and acts of reparation is the call to holiness of life and the care of
the diocesan/eparchial bishop to ensure that he and his priests avail
themselves of the proven ways of avoiding sin and growing in holiness
of life.
By what we have begun here today and by what we have stated and agreed
to,
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.
We make these pledges with a humbling sense of our own limitations, relying
on the help of God and the support of his faithful priests and people
to work with us to fulfill them.
Above all we believe, in the words of St. Paul as cited by Pope John Paul
II in April 2002, that "where sin increased, grace overflowed all
the more" (Rm 5:20). This is faith's message. With this faith, we
are confident that we will not be conquered by evil but overcome evil
with good (cf. Rm 12:21).
This Charter is published for the dioceses/eparchies of the United States,
and we bishops commit ourselves to its immediate implementation. It is
to be reviewed in two years by the Conference of Bishops with the advice
of the National Review Board created in Article 9 to ensure its effectiveness
in resolving the problems of sexual abuse of minors by priests.
* Cf. c. 1395, §2. Notice that a sexual offense violative of §2 need
not be a complete act of intercourse, nor should the term necessarily
be equated with the definitions of sexual abuse or other crimes in civil
law. "Sexual abuse [includes] contacts or interactions between a
child and an adult when the child is being used as an object of sexual
gratification for the adult. A child is abused whether or not this activity
involves explicit force, whether or not it involves genital or physical
contact, whether or not it is initiated by the child, and whether or not
there is discernible harmful outcome" (Canadian Conference of Bishops,
From Pain to Hope, 1992, p. 20). If there is any doubt about whether a
specific act fulfills this definition, the writings of recognized moral
theologians should be consulted and, if necessary, the opinion of a recognized
expert be obtained (Canonical Delicts Involving Sexual Misconduct and
Dismissal from the Clerical State, 1995, p. 6). We also note that
diocesan/eparchial policies must be in accord with the civil law.
The document Charter for the Protection of Children and Young People
was developed by the Ad Hoc Committee on Sexual Abuse of the United
States Conference of Catholic Bishops (USCCB). It was approved by the
full body of U.S. Catholic bishops at its June 2002 General Meeting
and has been authorized for publication by the undersigned.
Msgr. William P. Fay
General Secretary, USCCB
Scripture texts used in this work are taken from the New American
Bible, copyright © 1991, 1986, and 1970 by the Confraternity
of Christian Doctrine, Washington, DC 20017 and are used by permission
of the copyright owner. All rights reserved.
Copyright © 2002 United States Conference of Catholic Bishops,
Washington, D.C. 20017. This statement may be reproduced and publicly
distributed for purposes of criticism, comment, news reporting, teaching,
scholarship or research only.
Charter for the Protection of Children and Young People is available
in a print edition and may be ordered by telephoning (800) 235-8722.
Ask for publication number 5-518; the cost is $2.50 for a single copy,
plus shipping and handling.
June 27, 2002 Copyright © by United States Conference of Catholic
Bishops
Voice Of the Faithful
|
|
|
Find a Parish
Voice affiliate in your area.
Click
here to get your copy of Keep the Faith, Change the
Church.
Voice of the Faithful is recognized as one of the
most promising lay organizations to evolve in the Catholic Church. Your
support is absolutely necessary for us to continue. The online
donation form and the mail
in donation form are both quick and easy ways for you to participate,
and we are most grateful. (VOTF
is a 501(c)3 tax-exempt organization. )
VOTF
Mission Statement
To provide a prayerful voice, attentive to the Spirit,
through which the Faithful can actively participate in the governance
and guidance of the Catholic Church.
Our Goals
1. To support survivors of clergy sexual abuse.
2. To support priests of integrity
3.To shape structural change within the Catholic Church.
More
|
Pray Each Day
at Noon
Jesus, Lord and Brother, help us with our faithfulness.
Please hear our voice, and let our voice be heard. Amen. More
|
|