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Essential Norms for Diocesan/Eparchial
Policies Dealing with Allegations of Sexual Abuse of Minors by Priests
or Deacons:
Text of June 14, 2002 as Revised by the Mixed Commission on October
29, 2002
This study text was created from the Comparative Text
posted by the USCCB at http://www.usccb.org/comm/compare.htm. VOTF
provides it as a convenient format for understanding the changes proposed
by the Mixed Commission.
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KEY
·
When the text of the 6/14 Norms has not
been changed, it appears in black – like this.
·
When words in the 6/14 Norms have been
deleted by the mixed commission, they are crossed out in red – like this.
·
Additions made by the mixed commission
are in purple– like this.
Preamble
On June 14, 2002, the United
States Conference of Catholic Bishops approved a Charter for the Protection of Children and Young People. The charter
addresses the Church’s commitment to deal appropriately and effectively
with cases of sexual abuse of minors by priests, deacons, and other
church personnel (i.e., employees and volunteers). The bishops of the
United States have promised to reach out to those who have been sexually
abused as minors by anyone serving the Church in ministry, employment,
or a volunteer position, whether the sexual abuse was recent or occurred
many years ago. They stated that they would be as open as possible with
the people in parishes and communities about instances of sexual abuse
of minors, with respect always for the privacy and the reputation of
the individuals involved. They have committed themselves to the pastoral
and spiritual care and emotional well-being of those who have been sexually
abused and of their families.
In addition, the bishops will work with parents, civil authorities,
educators, and various organizations in the community to make and maintain
the safest environment for minors. In the same way, the bishops have
pledged to evaluate the background of seminary applicants as well as
all church personnel, who have responsibility for the care
and supervision of children and young people.
Therefore, to ensure that each diocese/eparchy in the United States
of America will have procedures in place to respond promptly to all
allegations of sexual abuse of minors, the United States Conference
of Catholic Bishops decrees these norms for diocesan/eparchial policies
dealing with allegations of sexual abuse of minors by diocesan and religious
priests or,
deacons, or other church personnel.1 These
norms are complementary to the universal law of the Church, which has
traditionally considered the sexual abuse of minors a grave delict and
punishes the offender with penalties, not excluding dismissal from the
clerical state if the case so warrants.
Sexual abuse of a minor includes sexual molestation or sexual exploitation
of a minor and other behavior by which an adult uses a minor as an object
of sexual gratification. Sexual abuse has been defined by different
civil authorities in various ways, and these norms do not adopt any
particular definition provided in civil law. Rather, the transgressions
in question relate to obligations arising from divine commands regarding
human sexual interaction as conveyed to us by the sixth commandment
of the Decalogue. Thus, the norm to be considered in assessing an allegation
of sexual abuse of a minor is whether conduct or interaction with a
minor qualifies as an external, objectively grave violation of the sixth
Commandment (Canonical Delicts Involving Sexual Misconduct and Dismissal
from the Clerical State, USCC, 1995, p. 6). A canonical offence against
the sixth commandment of the Decalogue (c. 1395, §2) need not be a complete
act of intercourse. Nor, to be objectively grave, does an act need to
involve force, physical contact, or a discernible harmful outcome. Moreover,
“imputability
[moral responsibility] for a canonical offense is presumed upon external
violation…unless it is otherwise apparent.”
(c. 1321, §3). Cf. cc 1322-27.2
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NORM 1 Having received the recognitio of the Apostolic See on ______,
2002, and having been legitimately promulgated in accordance with the
practice of this Episcopal Conference on _____, 2002, Tthese
norms, after approval by the Apostolic See, constitute
particular law for all the dioceses/eparchies of the United States of
America. Two years after recognitio
has been received, these norms will be evaluated by
the plenary assembly of the United States Conference of Catholic Bishops.
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NORM 2 Each diocese/eparchy
will have a written policy on the sexual abuse of minors by priests
and,or as well as by other
Cchurch
personnel. This policy is to comply fully with, and is to specify
in more detail, the steps to be taken in implementing the requirements
of canon law, particularly canons 1717-1719. A copy of this policy will be filed
with the United States Conference of Catholic Bishops within three months
of the effective date of these norms. Copies of any eventual revisions
of the written diocesan/eparchial policy are also to be filed with the
United States Conference of Catholic Bishops within three months of
such modifications.
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NORM 3 Each diocese/eparchy
will designate a competent assistance
person
to coordinateor to aid
in assistance
for the
immediate pastoral care of persons who claim to have been sexually abused
when they were minors by priests or,, or other church personnel.
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NORM 4 To assist the diocesan/eparchial
bishops in his work,
each diocese/eparchy will also have
a review board whose
which
will functions as
a confidential consultative body to the bishop/eparch in discharging
his responsibilities. The functions of this board may include:
A. advising
the diocesan bishop/eparch in his The assessment
of allegations of sexual abuse of minors and
in his determination of suitability for ministry
by priests, deacons, and
other church personnel in order to advise the diocesan/eparchial bishop
on whether or not the allegations appear to be credible; the assessment
will be communicated to the victim and accused; the board can act both
retrospectively and prospectively on these matters[“retrospective
and prospective” clause moved to Norm 4C];
B. The
reviewing of the diocesan/eparchial
policies y and procedures for
dealing with these allegations at least every two years in order
to recommend to the diocesan/eparchial bishop any modifications, if
appropriatesexual abuse of minors;
and
C. offering
advice on all aspects of these cases, whether retrospectively or prospectively.
The recommendation concerning fitness for ministry
in particular cases[“fitness
for ministry” is now covered in Norm
4A].
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NORM 5 The review board,
established by the diocesan/eparchial bishop, will be composed of at
least five persons of outstanding integrity and good judgment in
full communion with the Church.
The majority of the review board members will be lay persons who are
not in the employ of the diocese/eparchy; but at least one member should
be a priest who is an experienced and
respected pastor of the diocese/eparchy in question,
and at least one member should have particular expertise in the treatment
of the sexual abuse of minors. The members will be appointed for a term
of five years, which can be renewed.
It is desirable that the Promoter of Justice participate in the meetings
of the review board.
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NORM 6 Each province will establish an appellate
review board, to be composed of at least five persons of outstanding
integrity and good judgment. The majority of the members will be lay
persons; but at least one member should be a bishop, and at least one
member should be a canon lawyer. The appellate review board's function
will be to offer—upon request by the bishop, the alleged victim, or
the accused—its advice to the diocesan/eparchial bishop on the case
(cf. norm 4A). The request must be made within fifteen (15) days after
the alleged victim or the accused has been notified of the assessment
of the initial review board. Within sixty (60) days of its receiving
the request, the appellate review board's advice will be communicated
to those involved.
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NORM 67 When an
credible
allegation of sexual abuse of a minor by a
priest ors,
deacons, or other church personnel
is received, a preliminary
made,
the alleged offender will be relieved of any ecclesiastical ministry
or function. An investigation in harmony with canon law
will be initiated
and conducted promptly and objectively (c. 1717). All appropriate steps
shall be taken to protect the reputation of the accused during the investigation. promptly
commence. The accused will be encouraged to retain the
assistance of civil and canonical counsel and will be promptly notified
of the preliminary findingsresults
of the investigation. When there is sufficient
evidence that sexual abuse of a minor has occurred, the Congregation
of the Doctrine of the Faith shall be notified. The bishop/eparch shall
then apply the precautionary measures mentioned in canon 1722—i.e.,
remove the accused from the sacred ministry or from any ecclesiastical
office or function, impose or prohibit residence in a given place or
territory, and prohibit public participation in the Most Holy Eucharist
pending the outcome of the process.
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NORM 78 The alleged offender may
be requested to seek, and may be urged voluntarily to comply with, an
If the
credible allegation of sexual abuse of a minor involves a priest or
deacon, the ordinary/hierarch will ask him to undergo appropriate
medical and psychological evaluation at
a facility mutually acceptable to the diocese/eparchy and to the accused.
and intervention,
if possible.
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NORM 89 When
even a single act of Where sexual abuse by a priest or deacon
is admitted or is established after an appropriate investigation process
in accord with canon law, the offending
priest or deacon will be removed permanently from ecclesiastical ministry,
not excluding dismissal from the clerical state, if the case so warrants.
(c. 1395, 2).3 following
will pertain:
A.
Diocesan/eparchial 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. [“Single
act” and “permanently
removed” are dealt with in the intro
to Norm 9. “Past, present, or future”
is not dealt with elsewhere.]
AB.
In every case involving canonical penalties,
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; Letter from the Congregation for the Doctrine
of the Faith, May 18, 2001). Unless the Congregation for
the Doctrine of the Faith, having been notified, calls the case to itself
because of special circumstances, it will direct the diocesan bishop/eparch
to proceed. (Article 13, “Procedural Norms”
for Motu proprio Sacramentorum sanctitatis tutela,
AAS, 93, 2001, p. 787). If the case would otherwise be barred by prescription,
because sexual abuse of a minor is a grave offense, the bishop/eparch
shall apply to the Congregation for the Doctrine of the Faith for a
derogation from the prescription, while indicating appropriate pastoral
reasons. These provisions may include a request by the priest
or deacon for dispensation from the obligations of holy orders and the
loss of the clerical state, or a request by his diocesan/eparchial bishop
for dismissal from the clerical state even without the consent of the
priests or deacons. [This
deleted sentence appears in revised form as the new Norm 10.]
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. The
provisions of canon 1722 shall be implemented during the pendency of
the penal process, in accord with Article 15 of this motu
proprio.
BC.
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 ought
to lead a life of prayer and penance. He will not be permitted
to celebrate Mass publicly or to administer the sacraments.
He is to be instructed not, to wear clerical garb, or to present
himself publicly as a priest.
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NORM 9 At all times, the diocesan
bishop/eparch has the executive power of governance, through an administrative
act, to remove an offending cleric from office, to remove or restrict
his faculties, and to limit his exercise of priestly ministry.4 Because
sexual abuse of a minor is a crime in all jurisdictions in the United
States, for the sake of the common good and observing the provisions
of canon law, the diocesan bishop/eparch shall exercise this power of
governance to ensure that any priest who has committed even one act
of sexual abuse of a minor as described above shall not continue in
active ministry.5
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NORM 10 These provisions may include
a request by tThe priest
or deacon may at any time request a
for dispensation
from the obligations of holy orders and the loss of the clerical
state. , or a request by his diocesan In exceptional cases, the
bishop/eparchial bishop
may request of the Holy Father
the for dismissal
of
the priest or deacon from the clerical state
ex officio, even without
the consent of the priests or deacons.
[This
text used to be part of the old Norm 9B, and was revised to become this
new Norm 10.]
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NORM 1110 The diocese/eparchy will comply
with all applicable civil laws with respect to the reporting
of to the public authorities any allegations (unless
canonically privileged) of sexual abuse of a person
who is currently a minors
to civil authorities
and will cooperate in their investigation.
It will cooperate with public authorities about
reporting in cases when the person alleged to have been abused is no
longer a minor.
In every instance, the diocese/eparchy will advise and
support a person’s right to make a report to public authorities.6
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NORM 121 No priest
or deacon who has committed an act of sexual abuse of a minor may be
transferred for ministerial assignment to another diocese/eparchy or
religious province. Before a priest or deacon can
be transferred for residence is proposed to
another diocese/eparchy or religious province,
his bishop/eparch
or religious ordinary shall forward in a confidential manner to the
local bishop/eparch and religious 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 indicating that he has been
or may for assignment, transfer, or residence, if there
is anything in his background to indicate that he would be
a danger to children or young people. , an accurate
and complete description of the priest's or deacon's record will be
forwarded by his ordinary/hierarch to the local ordinary/hierarch of
his new residence. This holds shall
apply even if the priest or deacon will only reside in the local community
of an institute of consecrated life or society of apostolic life (or,
in the Eastern Churches, as a monk or other religious, in a society
of common life according to the manner of religious, in a secular institute,
or in another form of consecrated life or society of apostolic life). Every
bishop/eparch or religious ordinary who receives a priest or deacon
from outside his jurisdiction will obtain the necessary information
regarding any past act of sexual abuse of a minor by the priest or deacon
in question.
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NORM 132 Care will always be taken to protect the rights
of all parties involved, particularly those of the person claiming to
have been sexually abused and the person against whom the charge has
been made. When the an
accusation has proved to be unfounded, every step possible
will be taken to restore the good name of the person falsely accused.
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NORM 13 These norms will become particular law after
recognitio is received from
the Holy See.
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1 In applying
these Norms to religious priests and deacons, the term “religious
ordinary” shall be substituted for the term “bishop/eparch” mutatis mutandis.
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2 If there
is any doubt whether a specific act qualifies as an external, objectively
grave violation, the writings of recognized moral theologians should
be consulted and the opinions of recognized experts should be appropriately
obtained (Canonical Delicts, p. 6). Ultimately, it is the responsibility
of the diocesan bishop/eparch, with the advice of a qualified review
board, to determine the gravity of the alleged act.
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3 Removal
from ministry is required whether or not the cleric is diagnosed by
qualified experts as a pedophile or as suffering from a related sexual
disorder which requires professional treatment.
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4 See canons
35-58, 149, 157, 187-189, 192-195, 277 § 3, 381, 383, 391, 1348, 1740-1747.
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5 The diocesan bishop/eparch may exercise his executive
power of governance to take one or more of the following administrative
actions: (cc. 381, 129ff):
a.
He may request that the
accused freely resign from any currently held ecclesiastical office
(cc. 187-189).
b.
Should the accused decline
to resign and should the diocesan bishop/eparch judge the accused to
be truly not suitable (c. 149, §1) at this time for holding an office
previously freely conferred (c. 157), then he may remove that person
from office observing the required canonical procedures (cc. 192-195,
1740-1747).
c.
For a cleric who holds no
office in the diocese/eparchy, any previously delegated faculties may
be administratively removed (c. 391, §1 and 142, §1), while any de lege
faculties may be removed or restricted by the competent authority as
provided in law (e.g., c. 764).
d.
The diocesan bishop/eparch
may also judge that circumstances surrounding a particular case constitute
the just and reasonable cause for a priest to celebrate the Eucharist
with no member of the faithful present (c. 906), and he may strongly
urge the priest not to do so and not to administer the sacraments for
the good of the Church and for his own good.
e.
Depending on the gravity
of the case, the diocesan bishop/eparch may also dispense (cc.85-88)
the cleric from the obligation of wearing clerical attire (c. 284) and
may urge that he not do so for the good of the Church and for his own
good.
These
administrative actions shall be taken in writing and by means of decrees
(cc. 47-58) so that the cleric affected is afforded the opportunity
of recourse against them in accord with canon law (cc. 1734 ff).
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6 The necessary
observance of the canonical norms internal to the Church is not intended
in any way to hinder the course of any civil action that may be operative.
At the same time, the Church reaffirms her right to enact legislation
binding on all her members concerning the ecclesiastical dimensions
of the delict of sexual abuse of minors.
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