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Essential Norms
for Diocesan/Eparchial Policies Dealing with Allegations of Sexual
Abuse of Minors by Priests, Deacons, or Other Church Personnel |
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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 priests, deacons, or
other church personnel.
Norms
1. These 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.
2. Each
diocese/eparchy will have a written policy on the sexual abuse of
minors by priests, deacons, or other church personnel. 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.
3. Each
diocese/eparchy will designate a competent assistance coordinator to
aid in the immediate pastoral care of persons who claim to have been
sexually abused when they were minors by priests, deacons, or other
church personnel.
4. To assist the
diocesan/eparchial bishop in his work, each diocese/eparchy will have
a review board whose functions include
A. The assessment
of allegations of sexual abuse of minors 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;
B. The review of
the diocesan/eparchial policy and procedures for dealing with these
allegations at least every two years in order to recommend to the
diocesan/eparchial bishop any modifications, if appropriate; and
C. The
recommendation concerning fitness for ministry in particular cases.
5. The review
board, established by the diocesan/eparchial bishop, will be composed
of at least five persons of outstanding integrity and good judgment.
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, 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.
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.
7. When a credible
allegation of sexual abuse of a minor by priests, deacons, or other
church personnel is made, the alleged offender will be relieved of
any ecclesiastical ministry or function. An investigation in harmony
with canon law will promptly commence. The accused will be encouraged
to retain the assistance of civil and canonical counsel and will be
promptly notified of the preliminary findings of the investigation.
8. 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 and intervention, if possible.
9. Where sexual
abuse by a priest or deacon is admitted or is established after an
appropriate investigation in accord with canon law, the 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.
B. 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; 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 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. 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.
C. 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.
10. The
diocese/eparchy will report to the public authorities any allegation
(unless canonically privileged) of sexual abuse of a person who is
currently a minor 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.
11. Before a
priest or deacon is proposed to another diocese/eparchy 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 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).
12. 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
accusation has proved to be unfounded, every step possible will be
taken to restore the good name of the person falsely accused.
13. These norms
will become particular law after recognitio is received from the Holy See.
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.
June 14, 2002
Copyright © by United States Conference of Catholic Bishops
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