| Normas
y Estatutos del Diócesis
INTRODUCTION
On November 14, 2002, the Bishops of the United
States gave final approval to The Charter for the Protection
of Children and Young People and Essential Norms for Diocesan/Eparchial
Policies Dealing with Allegations of Sexual Abuse of Minors
by Priests, Deacons, or Other Church Personnel. This later
document was confirmed by the Apostolic See on December 8,
2002 and became effective as particular law for the dioceses
of the United States on March 1, 2003. These documents established
the manner in which the Catholic Church in the United States
will address, in accord with canon law and the approval of
the Holy See, the tragic matter of sexual abuse of minors
by priests, deacons, and other Church personnel.
The Diocese of Stockton established a formal
policy to address issues of sexual abuse of minors in 1987.
This policy was updated in 1999. With the issuance of the
Charter and the Essential Norms, the Diocese of Stockton has
updated its 1999 policy to address these matters in order
to serve better the needs of the Church and especially the
needs of minors and others who have been victims of sexual
abuse of minors by clergy, religious, or other Church personnel.
Sexual abuse of a minor in this policy is defined as it is
stated in the Charter.[1]
The Diocese in its policy it recognizes the
pain, anger and confusion that have been caused in victims
of sexual abuse. The Bishop and the Church of Stockton, in
union with the Bishops of the United States, are committed
to “provide safety and protection for children and young
people in our church ministries and institutions” (Charter
Preamble). Through this policy the Diocese seeks to attain
these goals:
· To promote healing and reconciliation
with victims of sexual abuse of minors;
· To guarantee effective response to allegations of
sexual abuse of minors;
· To protect the Faithful in the future.
TO PROMOTE HEALING AND RECONCILIATION WITH VICTIMS
OF SEXUAL ABUSE OF MINORS
1. Upon learning of an allegation of sexual
abuse of a minor, the Diocese of Stockton will reach out to
the victim(s) and families involved, demonstrating “a
sincere commitment to their spiritual and emotional well-being”
(Charter, Article 1). This spiritual and emotional assistance
will be provided not only by psychologists and other medical
professionals but also by trained spiritual leaders.
2. The Diocese is committed to continue to reach
out to victims of sexual abuse for healing and reconciliation.
To this end, the bishop shall appoint a Victim Assistance
Coordinator whose role shall be “to coordinate assistance
for the immediate pastoral care of persons” who report
to have been sexually abused as minors by clergy or other
church personnel. This outreach shall be coordinated through
the Victim Assistance Coordinator and include a constellation
of services for counseling, spiritual assistance, and support
groups where appropriate. To the extent possible, the services
offered by the Diocese will be based on the need and condition
of the victim and his or her family, sensitive to their culture
and ethnic heritage. (Charter, Article 2; cf. Essential Norms,
3)
3. Because the sexual abuse of minors occurs
in all walks of life and across various religious traditions,
the Diocese is committed to cooperating with civic social
service agencies, Christian churches and communities, and
other faith traditions to address support for persons who
have been sexually abused as minors. (Charter, Article 1)
4. A Review Board, appointed by the Bishop,
shall serve as a confidential consultative body to the Bishop.
This Review Board shall consist of a minimum of five and a
maximum of fifteen members who represent a diversity of expertise,
are of good integrity and reputation and who are not in the
employ of the Diocese. The majority of the members shall be
from the lay faithful who are in full communion with the Church.
At least one member of the Review Board shall be a priest
who is an experienced pastor. At least one member shall have
a particular expertise in the treatment of the sexual abuse
of minors. (Essential Norms, 5; cf. Charter, Article 2)
A. Terms for members of the Board shall be five
years and renewable.
B. The Bishop shall appoint the chairperson of the Review
Board.
C. Diocesan staff who are not members of the Review Board
shall serve in a consultative role as needed.
5. The functions of the Review Board shall include:
A. Advising the Bishop in his assessment of
allegations of sexual abuse of minors and in his determination
of suitability for ministry. This may include the initial
assessment of allegations and recommendations to the Bishop
as to the merit of the allegations.
B. Reviewing regularly the diocesan policy and procedures
for addressing allegations of sexual abuse of minors and making
appropriate recommendations to the Bishop for change or modification.
C. At his request, offering advice to the Bishop on all aspects
of cases, whether retrospectively or prospectively.
6. The procedure for making a complaint will
be readily available in printed and electronic form. It will
also be the subject of periodic public announcements. (Charter,
Article 2).
7. The Diocese of Stockton “will not enter
into confidentiality agreements except for grave and substantial
reasons brought forward by the victim and noted in the text
of the agreement” (Charter, Article 3).
TO GUARANTEE EFFECTIVE RESPONSE TO ALLEGATIONS
OF SEXUAL ABUSE OF MINORS
8. The Diocese shall comply with all applicable
laws with respect to the reporting of allegations of sexual
abuse of minors to civil authorities and shall cooperate in
any investigations in accordance with the law of the jurisdiction
in question. The Diocese shall cooperate with public authorities
in cases when the alleged abused person is no longer a minor.
In every instance, the Diocese shall advise an accuser of
his or her right to make a report to public authorities. (Essential
Norms, 11; Charter, Article 4)
9. All allegations of sexual abuse of a minor
against a priest, deacon, or other Church personnel shall
be treated seriously. Persons who report an allegation of
sexual abuse of a minor against a priest, deacon, or other
Church personnel shall be treated with respect and human dignity.
10. Priests, deacons, and other specified Church
personnel who, according to civil law, are mandated reporters
of suspected child abuse must personally report such abuse
to the proper civil authorities. All persons employed by or
volunteering with the Diocese shall cooperate with civil authorities.
Any clergy, administrator, staff person or volunteer of the
Diocese receiving or becoming aware of a complaint or allegation
of sexual abuse of a minor by a priest, deacon or other church
personnel shall also:
A. Inform the person making the complaint that
the Diocese has a policy for addressing these matters;
B. Report the matter immediately to the Bishop, Vicar General,
or Victim Assistance Coordinator, providing any details known
so that appropriate contact and outreach can be made with
alleged victims and the necessary civil reporting can take
place.
11. An allegation of sexual abuse of a minor
against a priest, deacon, or other Church personnel can be
made by contacting the Bishop, Vicar General, or Victim Assistance
Coordinator at the Chancery, 1105 North Lincoln Street, Stockton,
CA 95203; telephone: (209) 466–0636.
12. When the Bishop or Vicar General “has
knowledge, which at least seems true,” that sexual abuse
of a minor has been committed by a priest, deacon, or other
Church personnel, he shall initiate a Preliminary Investigation
in accord with canon law (c. 1717, §1). In accord with
canon 220, every effort will be made not “to harm illegitimately
the good reputation which a person possesses nor to injure
the right of any person to protect his or her privacy”
(c. 1717, §2; cf. Essential Norms, 6).
A. Either personally or through a delegate,
the Bishop or Vicar General shall contact the individual making
the complaint and/or other appropriate parties without delay
to obtain the basic information needed to make the report
to civil authorities.
B. Once notified of the allegations, the accused shall be
encouraged to retain the assistance of civil and canonical
counsel and shall be notified of the results of the investigation.
“The alleged offender may be requested to seek, and
may be urged voluntarily to comply with, an appropriate medical
and psychological evaluation at a facility mutually acceptable
to the diocese/eparchy and to the accused” (Essential
Norms, 7; cf. Charter, Article 5).
C. During the Preliminary Investigation and by means of an
administrative act, the Bishop or Vicar General may withdraw
the accused from ministry and issue precepts to which is he
is bound (Essential Norms, 9).
13. Once the evidence has been gathered concerning
the allegation, the Bishop may bring the entire matter to
the Review Board for its advice regarding the facts and findings
of the investigation and the probable nature of the allegation
(c. 1718, §3; Essential Norms, 4).
14. When the Bishop determines that it is probable
that the crime of sexual abuse against a minor by a cleric
has been committed, he closes the Preliminary Investigation
(c. 1718, §1) and notifies the Congregation of the Doctrine
of the Faith by sending all relevant documents and his votum,
giving his opinion of the case, suggestion for future action,
and a request for derogation from prescription (Essential
Norms, 8A). At that time, the Bishop may apply the precautionary
measures mentioned in canon 1722 pending the outcome of the
investigation process: removal of the accused from sacred
ministry or from ecclesiastical office or function; imposing
or prohibiting residence in a given place or territory; and
prohibiting public celebration of the Most Holy Eucharist
(Essential Norms, 6).
15. When an allegation of sexual abuse of a
minor by a member of a religious community residing or serving
in the Diocese is made, the appropriate religious superior
shall be informed by the Bishop or Vicar General, and the
person placed on leave and removed from public participation
in activities on behalf of the Church in any diocesan parish
or institution.
16. When the accused is a lay employee of the
Diocese, a parish, or an institution, the administrator who
has authority over the accused shall place the accused person
on a paid leave of absence. When the accused is a lay volunteer,
the administrator who has authority over the accused shall
suspend the services of the volunteer. Diocesan procedures
for lay employees and volunteers will be observed.
17. When sexual abuse of a minor by a priest
or deacon is admitted or is established after a canonical
process the following shall pertain:
A. For even a single act of sexual abuse of
a minor, past or present, the offending priest or deacon shall
be permanently removed from ministry, not excluding dismissal
from the clerical state, if the case so warrants. (Essential
Norms, 8)
B. In every case involving canonical penalties, the processes
provided for in canon law shall be observed (Cf. Canonical
Delicts Involving Sexual Misconduct and Dismissal from the
Clerical State, 1995; cf. Letter from the Congregation of
the Doctrine of the Faith, May 18, 2001).
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 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” (Essential Norms, 8B; cf. Charter, Article 5).
18. When an accusation of sexual abuse of a
minor against a priest, deacon, or other Church personnel
“has proved to be unfounded, every possible step will
be taken to restore the good name of the person falsely accused”
(Essential Norms, 13; cf. Charter, Article 5).
19. In dealing with cases of alleged abuse of
minors, the Diocese is committed to transparent and open communications.
Care shall 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 an allegation
has been made. The Vicar General shall assist parishes in
dealing with issues of sexual abuse of minors by clergy. Where
schools and religious education programs are involved, the
assistance of the diocesan Catholic Schools Office and the
Office of Religious Education will be expected and will be
coordinated through the Vicar General. (Charter, Article 7)
TO PROTECT THE FAITHFUL IN THE FUTURE
20. The Diocese will employ a coordinator to
establish and maintain “safe environment” programs.
The coordinator will cooperate with parents and community
leaders to provide education and training to all Church personnel,
parents and other interested parties about ways to maintain
a safe environment for children. The Diocese shall endeavor
to make clear to its clergy and members of the community the
standards of conduct appropriate for all persons in positions
of trust. (Charter, Article 12)
21. Utilizing the resources of law enforcement
and other public agencies, the Diocese and its parishes and
institutions shall evaluate the background of all diocesan
and parish personnel who have regular contact with minors.
The diocesan Director of Vocations, rectors of seminaries
at which men of the Diocese study for the priesthood, and
the Director of the Permanent Diaconate shall apprise the
Bishop and Review Board of the process being utilized to screen
candidates for priestly and diaconal ministry. This shall
be provided to the Review Board upon its request. (Charter,
Article 13)
22. Whenever a priest or deacon from another
(arch)diocese or religious community is proposed for an assignment
or residence in the Diocese, his Bishop or major superior
shall be requested to forward to the Diocese for review, before
such an assignment is made, an accurate description of the
individual’s record, including anything in his background
or service that would raise any questions about his fitness
for ministry. (Charter, Article 14)
23. The office of the Vicar General shall maintain
an up-to-date listing of priests who may help minister in
parishes and institutions as well as a list of those without
faculties or with limited faculties. Any priest not having
a current assignment in the Diocese of Stockton must be approved
through the Vicar General’s office before being granted
faculties.
24. A designated representative of the Bishop
shall maintain regular contact with priests and deacons who
have been accused of sexual abuse of a minor, and shall provide
fraternal support and facilitate referrals to resource persons
and other professionals.
I hereby promulgate this Working Policy Dealing
with Allegations of Sexual Abuse of Minors for the Diocese
of Stockton. It is effective immediately.
Given at the Chancery of the Diocese of Stockton
on this 30th day of October, 2003.
+ Stephen E. Blaire
The Most Reverend Stephen E. Blaire
Bishop of Stockton
Deborah H. Deem
Notary
Note
[1]“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 (CIC,
c. 1395, §2). 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 ( USCCB, Canonical
Delicts Involving Sexual Misconduct and Dismissal from the
Clerical State, 1995, p. 6). A canonical offense against the
sixth commandment of the Decalogue (CIC, 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’
(CIC, c. 1321, §3). Cf. CIC, cc. 1322-1327. If there
is any doubt about whether a specific act fulfills this definition,
the writings of recognized moral theologians should be consulted
and the opinion of a recognized expert obtained (Canonical
Delicts, p. 6). Ultimately, it is the responsibility of the
diocesan Bishop, with the advice of a qualified review board,
to determine the gravity of the alleged act.” (Charter,
Article 1, note)
Puesto al corriente: El 6 de
Enero, 2004. |
