Child Protection Policy
Promulgated May 8, 2003

Section 1:

Sexual Abuse Protocol for Clergy

Because children are one of our greatest treasures, the Diocese of Lafayette-in-lndiana (hereafter, the Diocese) established policies and procedures on October 25, 1989, to assure the protection of minors entrusted to our care and to fulfill the mission and ministry of the Church. They have been revised on an ongoing basis and what is contained herein is done in that same spirit.

These policies and procedures are formulated to be fair and responsive to the pastoral needs of all those they address. Their purpose is to facilitate cooperation with civil authorities responsible for investigating allegations of sexual misconduct.

2003.1 Policy:  The Diocese shall provide sufficient funding, qualified personnel and facilities to assure the effective implementation of the programs established by these protocols. These protocols shall be reviewed regularly (at least every two years) by the Diocesan Review Board (hereafter, DRB), which will make recommendations for amendments to the Diocesan Bishop.

2003.2 Policy:  The Diocese shall offer appropriate assistance to those who may be affected by the alleged sexual misconduct of a cleric with a minor. A Victims Assistance Minister shall be designated to offer pastoral care to the victim, the victim’s family or other persons affected.

2003.4 Policy:  The Diocese shall develop and maintain “safe environment” programs. These programs shall promote understanding and healing. The Diocese will cooperate with parents, civil authorities, educators, and community organizations to provide programs to those who minister to or are part of any church environment in which minors are present.

2003.5 Policy:  The Diocese shall evaluate the background of personnel who have regular contact with minors. Specifically, they will utilize the resources of law enforcement and other community agencies. In particular, the Diocese shall employ adequate screening and evaluative techniques in deciding the fitness for ordination for all candidates to Orders within the church (See: “Program for Priestly Formation,” NCCB, 1993, n.513 and the USCCB Charter, art. 13.)

2003.6 Policy:  All persons associated with the Diocese are expected to cooperate with the civil authorities, comply with legally established reporting requirements, and otherwise conduct themselves as good citizens. This requires all such persons to comply fully with the letter and spirit of these protocols and procedures. This likewise requires that whenever such individuals become aware of a cleric’s misconduct with a minor they are to make this immediately known to the office of the Bishop or a member of the DRB, unless Canon Law prohibits them (i.e., they come to this knowledge within the Sacrament of Reconciliation). All are expected to cooperate with these procedures in a manner consistent with their particular status within the Diocese. All persons of good will are asked to relate to these procedures with understanding and sensitivity to their purpose and goal.

The Diocesan Review Board

2003.7 The DRB is established in accordance with the “Essential Norms of Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons” as approved by the United States Conference of Catholic Bishops in November 2002.

2003.8 The provisions of Norms 4, 5, and 6 of that document cite the functions that the Board, as a consultative body to the Diocesan Bishop, has. They include:

• Advising the Diocesan Bishop in his assessment of allegations of sexual abuse of minors and in his determination of suitability for ministry;

• Reviewing diocesan policies for dealing with sexual abuse of minors; and,

• Offering advice on all aspects of these cases, whether retrospectively or prospectively.

2003.9 The DRB shall be composed of at least five (5) persons of outstanding integrity and good judgment who are in full communion with the Roman Catholic Church. The majority of DRB members shall be laypersons not in the employment of the Diocese. At least one member shall be a respected pastor of the Diocese and at least one other member shall be an individual with particular expertise in the treatment of child abuse of minors, particularly sexual abuse. These members shall be appointed for a period of five (5) years, which may be renewed at the discretion of the Bishop. It is desirable that the diocesan Promoter of Justice participates in the meetings of the DRB.

2003.10 When an allegation of sexual abuse of a minor by a cleric is received, a preliminary investigation shall be conducted in accord with Canon Law (canon 1717). All appropriate steps shall be taken to protect the privacy of the accuser and the reputation of the accused. When the alleged victim is a minor, the Diocesan Legal Counsel is to be immediately notified as well as the appropriate civil authorities.

2003.11 If the preliminary investigation establishes a credible, i.e., worthy of belief, incident of abuse, and having informed the appropriate civil authorities, the Diocese will confront the cleric. The accused will be encouraged to retain the assistance of civil and canonical counsel when applicable and at their own expense.

2003.12 The alleged perpetrator will be relieved of his assignment in the Diocese and required to obtain an appropriate psychological evaluation at a facility acceptable to the Diocese.

2003.13 The accused shall be immediately informed of the results of the DRB investigation. When there is credible, i.e., worthy of belief, evidence that child abuse has occurred, the Congregation of the Doctrine of the Faith shall be immediately notified. The canonical measures mentioned in canons 1722 and following shall be implemented at once. That is, to remove the accused from the sacred ministry or from ecclesiastical office or function; to impose or prohibit residence in a given place or territory; and, to prohibit the public participation in the Most Holy Eucharist pending the outcome of the process.

2003.14 The chairperson of the DRB will convene its members after an allegation has been received and the preliminary investigation of canon 1717 has occurred. It will be the responsibility of the DRB to examine the results of the investigation.

2003.15 A complete written record shall be presented to the DRB of the allegation(s) against the cleric. A detailed summary of interviews of the alleged victim(s) and perpetrator shall be given in writing. Any pertinent information from the diocesan personnel file of the cleric will also be shared with the DRB. The cleric and their advocate will be informed of the material that will be presented to the DRB. The cleric and/or the alleged victim(s) may choose to make a brief presentation in person or in writing to the DRB prior to their deliberations.

2003.16 The DRB shall answer two basic questions:

• Do the allegations conform to the definition of child abuse of a minor as outlined in the “Charter for the Protection of Children and Young People”; and,

• Are the allegations credible, i.e., worthy of belief?

2003.17 The DRB is authorized to further investigate the allegation, interview the alleged victim(s), further interview the alleged perpetrator, or call other witnesses as it deems necessary and appropriate in each particular case.

2003.18 If the DRB judges an accusation to be credible, i.e., worthy of belief, it is to make a recommendation to the Bishop on the suitability of the cleric for future ministry in the Church.

2003.19 The Vicar General of the Diocese will present the recommendation(s) of the DRB to the Bishop.

2003.20 The deliberations of the DRB are strictly confidential and no detailed minutes will be taken or maintained. Summary notes indicating the purpose of the meeting, the individuals in attendance, the decisions made, and the next steps recommended will be recorded and retained in the office of the Vicar General. All documents given to the DRB will be collected at the conclusion of each meeting and returned to the Vicar General.

2003.21 When even a single act of sexual abuse by a priest or deacon is admitted or is established after an appropriate 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.

Section 2:

Sexual Abuse Protocol for Religious, Lay Employees and Volunteers

The Diocese of Lafayette-in-Indiana is committed to clear and well publicized standards of ministerial behavior and appropriate boundaries for church personnel (employees and volunteers) in positions of trust who have regular contact with minor children. A minor is defined as a person who has not completed the eighteenth (18th) year of age. (canon 97 of the 1983 Code of Canon Law)

Sexual abuse of a minor includes sexual molestation or sexual exploitation 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 by the sixth commandment of the Decalogue. 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.

To protect minors from sexual abuse, the following will be done:

• All employees and volunteers are to be adequately screened prior to beginning their duties. This includes reference checks and a Criminal Background Check. If the Criminal Background Check shows a criminal conviction, consultation with Diocesan Lawyers will ensue;

• All employees and volunteers who have regular contact with minors are required to participate in a Safe Conduct Protocol In-service; and,

• The reporting requirements of the State of Indiana in regard to suspected sexual abuse shall be followed.

When allegations are raised that an employee or volunteer of the Diocese is accused of sexual abuse, the diocesan procedure is as follows:

• The Bishop’s Office will be notified immediately;

• The diocesan attorney will be immediately contacted by the Bishop’s Office to advise regarding the reporting requirements of the State of Indiana. The laws of the state will be strictly adhered to with regard to the allegation made, the proper agency to contact and the time frame for notification;

• The Vicar General and/or designate of the Bishop will meet with the person or persons raising the allegation. A written statement relating all the known facts will be prepared;

• The Vicar General and/or designate of the Bishop will meet with the parents or guardians of the minor. If possible and appropriate, a meeting will be held with the minor;

• Arrangements will be made by the Diocese to work with the minor and family in question, offering assistance needed for the adequate care of the minor. Assistance for the parents and other family members of a minor who is alleged to have been sexually abused will also be provided; and,

• The Vicar General and/or designate of the Bishop will meet with the accused employee or volunteer in question. Should the accused admit that the allegation of sexual abuse is true, the following action will be taken:

• (a)  The individual’s employment or volunteer work with the Diocese will be immediately terminated;

• (b)  The direction given by the diocesan attorney requiring state requirements will be followed; and,

• (c)  The Diocese will encourage the individual to seek appropriate treatment.

Should the accused deny the allegation, the following action will be taken:

• The accused will be required to take an immediate leave of absence;

• The direction given by the diocesan attorney regarding state requirements will be followed;

• The accused will remain on leave of absence until a determination has been made regarding guilt or innocence;

• Should the accused be found guilty, the individual’s employment or volunteer work with the Diocese will be immediately terminated, and the Diocese will encourage the individual to seek appropriate treatment;

• Should the accused be found not guilty, the individual will be returned to active employment or volunteer work and lost pay reimbursed.

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 of the person against whom the charge has been made. When an accusation has proved to be unfounded, every step possible will be taken to restore the good name of the accused individual.

Section 3:

Mandate to Report Under Indiana State Law

Indiana Law requires that any individual who has reason to believe that a child is a victim of child abuse or neglect must report immediately to: 1) the local Child Protective Service, or 2) a local Law Enforcement Agency. It is a criminal offense not to make such a report. The reporting person is given immunity for making the report.

Child abuse under the law includes the following, among other situations:

• Failure by a parent, guardian or custodian to provide a child necessary food, shelter or medical care so as to cause its physical or mental condition to be seriously impaired;

• Physical injury by a parent, guardian or custodian, endangering the child’s physical or mental health;

• Where the child is a victim of a sex offense committed by any person (i.e., sexual abuse); and/or,

• Allowing a child to endanger its own health or the health of another.

In addition, if the reporting person is on the staff of a school, medical facility, or other agency, this person must immediately notify the individual in charge (i.e., their supervisor). Once an incident or suspicion of same is reported to the supervisor, it is the responsibility of the supervisor to report this to the proper authorities, or to cause a report to be made. Multiple reports are not necessary.

The reporting law applies to all persons without exception.

Even if there is no evidence legally admissible in Court, one must nevertheless make a report if there is a reason to believe that abuse has occurred. “Reason to believe” means evidence which if presented to individuals of similar background and training, would cause those individuals to believe that the child was abused or neglected.

Section 4:

Sexual Abuse In-Service Protocol

Purpose and Objective

The Diocese of Lafayette-in-Indiana is committed to preventing sexual abuse before it occurs and identifying sexual abuse once it has occurred. By raising the awareness and understanding of sexual abuse, the goal is to minimize the risks to child safety.

Personnel

The following personnel are required to participate in a Sexual Abuse Protocol In-service:

• Priests, deacons and members of religious communities;

• Principals, assistant principals, teachers, guidance counselors, librarians, all volunteers who have regular contact with children and staff at all levels. This includes aides, janitors, food service workers, school nurses and office personnel of all Catholic elementary, middle and high schools;

• Directors, catechists and staff of religious education programs;

• Diocesan personnel providing child care services; and,

• Youth ministers, directors/coaches of children’s activities (e.g. athletics, scout troops, choir, etc) and similar diocesan personnel who provide such services.

Educational Curriculum

Sexual Abuse Protocol In-services include but are not limited to the following subjects:

• Appropriate boundaries and established prohibitions in ministry;

• Nature of the sexual abuse problem;

• Signs and symptoms of sexual abuse in minors;

• Laws, policies and procedures to report sexual abuse allegations;

• Policies and procedures to prevent child sexual abuse by clergy, Church personnel or others who come in contact with children on church property or at Church sponsored events and activities;

• Types of disclosure and how to respond appropriately; and,

• Policies and procedures to respond to allegations of sexual abuse.

Deadlines for Completing Training

New staff and volunteers who will have regular contact with children shall attend a Sexual Abuse Protocol In-service at the earliest possible time and no later than 60 days following the assumption of their duties. Pastors/parish administrators, diocesan directors will ensure that all personnel required to receive training do so within the requisite time or are removed from contact with children until they attend a training session. Parishes, schools and diocesan offices will retain the signed and dated Certification and Authorization Forms that are completed by attendees at the end of each training.

Availability of Training

Training shall be available at both the local and diocesan levels. New staff and volunteers who have regular contact with children may:

• Attend an in-service in their parish or neighboring parish; or,

• Attend an in-service in Lafayette prior to the beginning of the new school year.

Notification of In-Services

The dates, times and locations of the in-services are listed in:

• The Catholic Moment; and,

• on the diocesan website: Human Resource Workshop

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©2008 Diocese of Lafayette-in-Indiana