Respecting All of God's People:
The Catholic Archdiocese of Omaha Policy for
the Protection of Children and Young People
December 31, 2003
Introduction
"The salvation of souls is the supreme law in the Church." These words, found in the concluding canon of the 1983 Code of Canon Law, express with legal shorthand the mission and activity of the Church. However, the ultimate cause of the Archdiocese 's vigilance and diligence in the pastoral ministry of her ordained ministers, pastoral staff and volunteer personnel is found elsewhere than church law.
The claim of the gospel, stirring the faith community to life and action, prompts the creation of an environment of justice and strives to have the love of the Christ flourish in the experience and witness of many lives. All members of the Church, especially her priests, deacons and designated ministers and representatives, are called to embrace this obligation and share in its privilege.
The Archdiocese embraces her children and young people through a vigilance, care and ministry that arises from a pastoral heart, for the sake of the kingdom and as a witness to her Lord for the world. Through fidelity to the gospel the work of the Church to bring about the kingdom of God is sustained.
History of the Archdiocesan Policy
The Archdiocese of Omaha published its first policy for the protection of children and young people on March 1, 1990. It provided guidance for response in specific circumstances for more than a decade. At the same time, new demands in changing times and the continuing realization of the consequences of not living up to the gospel message emphasize the Archdiocese 's need for a greater vigilance, a more comprehensive response, better education and outreach efforts for the sake of children and young people entrusted to her care.
The United States Conference of Catholic Bishops took unprecedented action in June, 2002, and completed its work in November, 2002 by creating and publishing the Charter for the Protection of Children and Young People. The Bishops also obtained Vatican recognition for the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons. This document contains the particular law regarding prospective and response measures for priests and deacons in regard to the protection of children and young people. Within the structure of church law contained in the 1983 Code of Canon Law, these norms became effective for all Catholic dioceses in the United States on March 1, 2003.
The Archdiocese of Omaha publishes this revision of its original policy as part of its continuing commitment to its gospel and pastoral responsibilities. The revision gives new impetus for an effective and necessary response to the demands of new times in compliance with the Charter for the Protection of Children and Young People and the Essential Norms.
1. Scope of Revised Policy
In accord with the Charter for the Protection of Children and Young People and the Essential Norms this revised policy addresses accountability, obligations and responsibility on the part of priests and deacons and all adults who have regular contact with children and young people in the name of the Church.
This revised policy also recognizes and cooperates with the requirements and procedures of applicable state and local law regarding the protection of children and young people, the prevention and response to incidents of actual or suspected sexual abuse and misconduct of children, young people and vulnerable adults.
2. Definitions
2.1 Sexual abuse:
(Charter for the Protection of Children and Young People, footnote)
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. 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."
(State of Nebraska, 28-707)
A person commits child abuse if he or she knowingly, intentionally, or negligently causes or permits a minor child to be:
(d) placed in a situation to be sexually exploited by allowing, encouraging, or forcing such minor child to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions;
(e) placed in a situation to be sexually abused as defined in section 28-319 or 28-320.1."
2.2 Child or young person:
Under Nebraska law, a person not yet 19 years of age. Under 1983 Code of Canon Law, a person not yet 18 years of age.
2.3 Credible allegation:
A claim based upon identifiable facts, such as specific names, places or time frames, details of incidents or names of corroborating persons.
2.4 Chancellor:
Administrative assistant to the Archbishop in charge of coordination of daily operations and communications for the Archdiocese.
2.5 Assistance Coordinator:
Person responsible for first, and follow up, pastoral response in the name of the Archdiocese to victims of clergy sexual abuse or misconduct, family members or affected persons and parish or school communities.
2.6 Personnel:
All ordained priests and deacons, all employees of archdiocesan departments, agencies, parishes and Catholic schools and lay volunteers who have regular contact with children and young people in the name of the Catholic Church.
2.7 Archdiocesan Review Board:
A panel of Catholic women and men of the Archdiocese prescribed by article 2 of the Charter for the Protection of Children and Young People and article 5 of the Essential Norms. This panel serves as the consultative body to the Archbishop regarding the implementation and application of the Charter for the Protection of Children and Young, review of particular allegations or cases, review of archdiocesan policies, practices and procedures for the creation of safe environments, proactive protection of children and young people and prevention of the abuse of or misconduct with children by personnel of the Archdiocese.
3. Distribution of/Accessibility to Archdiocesan Policy
A copy of this revised policy, and other policies relating to specific aspects of the protection of children and young people shall be distributed to the following:
a. All Archdiocesan parishes
b. All Archdiocesan offices, ministries and commissions.
c. All elementary and secondary schools in the Archdiocese.
d. Archdiocesan website
This policy shall be included in the personnel handbook for the Archdiocese of Omaha for both priests and lay employees.
4. Education and Training
"Safe Environment" training shall be required for
all personnel of the Archdiocese, i.e. priests, deacons, paid staff and volunteers who have regular contact with children and young people at the time they enter service in the name of the Church;
all personnel of the Archdiocese, i.e. priests, deacons, paid staff and volunteers who have regular contact with children and young people on an annual and continuing education basis
children and young people, in the age groups K through 12, prepared in age appropriate and sequential format in Catholic Schools, religious education, youth ministry and other programs organized under the responsibility of the Archdiocese. This information and education shall provide standard components to be embedded and included in curricula and in the environment experienced by the children and young people in the name of the Church.
d) Catholic communities through printed materials and information provided on the archdiocesan website.
4.2 The Moderator of the Curia, in collaboration with the Office of the Chancellor and the Archdiocesan Assistance Coordinator, shall plan, oversee and assist the implementation of each education and training programs in partnership with Catholic Schools Office, Office of Religious Formation, Office of Lay Ministry Formation, Family Life Office, Hispanic Ministry Office, the Office of Education and Formation in Human Sexuality and pastors of the Archdiocese.
5. Personnel Criminal Background and Reference Checks
5.1 All prospective personnel of the Archdiocese who shall have regular contact with children and young people in the name of the Church, at the time of being offered a position, shall receive an explanation and the appropriate forms for a criminal background check. The policy for this procedure is an appendix to this document.
5.2 All prospective personnel of the Archdiocese shall submit, as part of the normal screening, interview and hiring process, references for their character, work history and performance.
Pastors, school administrators and those charged with an interview process are obliged to contact a candidate 's references in completion of the assessment and selection process of any candidate considered as a finalist for a position.
Results of the criminal background check shall be communicated to the pastor, the school administrator or the immediate supervisor of the position in question. Irregularities, incomplete information or concerns affecting the decision to hire shall be resolved with the prospective personnel by the pastor, school administrator or the immediate supervisor of the position in question.
5.4 The Chancellor of the Archdiocese shall be informed of the resolution of the irregularity prior to the action of hiring or eliminating the prospective personnel from the hiring process or the volunteer service.
6. Nebraska Satutes and Local Laws
Child, incompetent, or disabled person subjected to abuse or neglect; report; contents; toll-free number.
When any physician, medical institution, nurse, school employee, social worker, or any other person has reasonable cause to believe that a child or an incompetent or disabled person has been subjected to abuse or neglect, or observes such person being subjected to conditions or circumstances which reasonably would result in abuse or neglect, he or she shall report such incident or cause a report to be made to the proper law enforcement agency or to the department on the toll-free number established by subsection (2) of this section.
(Details to be included in the oral and written reports)
Such report may be made orally by telephone, with the caller giving his or her name and address, and shall be followed by a written report, and to the extent available shall contain the address and age of the abused or neglected person, the address of the person or persons having custody of the abused or neglected person, the nature and extent of the abuse or neglect, or the conditions and circumstances which would reasonable result in such abuse or neglect, any evidence of previous abuse or neglect, including the nature and extent, and any other information which in the opinion of the person maybe helpful in establishing the cause of such abuse and neglect and the identity of the perpetrator or perpetrators. Law enforcement agencies receiving any reports of abuse or neglect under this subsection shall notify the state central registry on the next working day by phone or mail.
There shall be established a single, state-wide toll-free number within the department to be used by any person any hour of the day or night, any day of the week, to make reports of abuse or neglect to the department.
Reports of abuse or neglect not previously made to or by a law enforcement agency shall be made immediately to such agency by the department.
The toll-free number for State of Nebraska, Department of Social Services is:
1-800-652-1999.
The reporting employee shall:
- inform his supervisor of the alleged misconduct; and,
report to authorities as required by Neb. Rev. Stat. ß 28-711.
7. Obligation to Report:
Any personnel of the Archdiocese shall comply with the reporting requirements of the Nebraska state and any other requirements found in local laws when they have actual knowledge of or reasonable cause to suspect an incident of sexual abuse or misconduct.
7.2 A report shall also be made to the Chancellor of the Archdiocese.
7.3 In each instance of reporting, a verbal report of the incident should be followed by a written report in a timely manner.
7.4 The Chancellor of the Archdiocese of Omaha shall immediately notify the Archbishop regarding the allegation of sexual abuse or misconduct and subsequently the Archdiocesan Review Board, legal counsel and the liability insurance carrier of the Archdiocese.
7.5 The Chancellor shall also notify the Assistance Coordinator and assist in pastoral outreach as the circumstances, the limitations of an investigation by law enforcement and prudent judgment permit.
8. Investigation of Incident Reports:
8.1 Any personnel of the Archdiocese who has actual knowledge of or who has reasonable cause to suspect an incident of sexual abuse or misconduct shall comply with the reporting requirements of the Nebraska state and any other requirements found in local laws.
A report shall also be made to the Chancellor of the Archdiocese.
There shall be no interference with law enforcement investigations during the reporting process or as part of pastoral response to those who may be affected by the reported abuse or misconduct.
8.2 The Assistance Coordinator shall be informed about the abuse incident or allegation. The Coordinator shall offer pastoral assistance to the alleged victim, family members or those in the affected circumstance in keeping with article 1 of the Charter for the Protection of Children and Young People.
8.3 The Archdiocese shall advise an alleged victim of the right to make a report to law enforcement. The Archdiocese shall respect and support the exercise of this right if it is exercised. This shall comply with article 4 of the Charter for the Protection of Children and Young People and article 11 of the Essential Norms.
8.4 The Archdiocese shall advise the alleged offender of his right and need for legal counsel, both civil and canonical. The Archdiocese shall provide direction for the alleged offender to obtain such counsel. This shall comply with article 5 of the Charter for the Protection of Children and Young People and article 11 of the Essential Norms.
8.5 When an allegation of sexual abuse or misconduct of a minor by a priest or deacon is received, an investigation of the accused offender shall be initiated in accord with canon 1722 and certain precautionary measures may be invoked. This shall comply with article 5 of the Charter for the Protection of Children and Young People and articles 6 and 8 of the Essential Norms.
8.6 When, after an appropriate process, admission of or sufficient evidence exists that demonstrates that sexual abuse or misconduct has occurred, the alleged offender shall be immediately relieved of responsibilities in the Archdiocese and placed on administrative leave pending the outcome of law enforcement investigation and the prescribed canon law process. This shall comply with article 5 of the Charter for the Protection of Children and Young People and articles 6 and 8 of the Essential Norms.
8.7 The alleged offender may be asked to cooperate in, and may be urged to voluntarily comply with, medical and psychological evaluations by competent professionals or at a facility mutually acceptable to the Archbishop and to himself.
8.8 The Archdiocesan Review Board shall receive the facts and information sufficient to discuss the allegations of sexual abuse or misconduct of a minor by a priest or deacon so that it may provide appropriate consultation to the Archbishop. This shall comply with article 2 of the Charter for the Protection of Children and Young People and articles 8 and 9 of the Essential Norms.
Notification of the allegation or incident shall be given to liability insurers for the Archdiocese in accord with the terms of applicable insurance policies.
8.10 The Chancellor shall serve as spokesman for the Archdiocese when inquiry is made by the media or by the general public. See the Archdiocesan Policy for Communications.
8.11 Notes, memoranda or other written documentation of allegations of sexual abuse or misconduct by priests and deacons, the subsequent investigation and results of actions taken shall be kept by the Chancellor. These shall be maintained by the Chancellor in a secure place in the Chancery.
Access to these materials shall be strictly limited to the Archbishop, the Chancellor, the Archdiocesan Review Board and those granted access by the Archbishop.
When an allegation does not have an immediate risk or endangerment to a child or young person
Allegations may arise that do not involve the immediate risk or endangerment of children or young people. An allegation of this sort may involve an incident that occurred a number of years prior to the time of the report.
The Chancellor shall inform the alleged victim of the right to notify law enforcement and offer respectful support of this right if it is exercised, as directed by 8.3.
8.14 The Chancellor shall notify the appropriate law enforcement entity about the allegation, that it involves no immediate risk or endangerment to children or young people. The Chancellor shall cooperate with any civil law investigation and shall see to it that no interference with a civil investigation occurs.
8.15 The Chancellor shall inform the alleged offender of his civil and canon law rights, as directed by 8.4. The Chancellor shall notify all those named in 7.3 and 7.4.
8.16 The Archbishop shall exercise his power of governance, in consultation with the Archdiocesan Review Board, Archdiocesan legal counsel and Archdiocesan Assistance Coordinator, regarding the alleged offender. Decisions and actions shall be guided by article 5 ñ bullet points 1 and 5, of the Charter for the Protection of Children and Young People and articles 6, 7 and 9 of the Essential Norms
Action to be Taken When Admission or Evidence Exists
When sexual abuse of a minor by a priest or a deacon is admitted or is established after an appropriate process in accord with canon law, certain consequences or actions provided for in canon law will pertain. This shall comply with article 5 of the Charter for the Protection of Children and Young People and article 8 of the Essential Norms.
Lay or religious personnel of the Archdiocese who admits to, does not contest, or is found guilty of an incident of sexual abuse or misconduct shall be immediately terminated from employment and any position of responsibility with the Archdiocese.
Due regard is to be given to the protection of the rights and the reputations of all parties involved in these procedures, in accord with canon law.
Appendices
Archdiocesan Review Board Mission Statement and Procedures
Archdiocesan Code of Obligations, Responsibilities and Accountability for Care, Contact and Conduct with Children and Young People
Archdiocesan Communication Policy and Procedures
Archdiocesan Policy on Conducting Background Checks of Church Personnel
