| |
|
EMERGENCY
procedures for use on
disclosure or discovery of sexual abuse within a church.
IMPORTANT:
This information is not intended to
serve the function of a sexual abuse policy and/or ancillary
procedures. It is by no means complete in dealing with either the
legal or moral aspects of sexual abuse. It is intended
only to help you meet the immediate need for action
demanded by the disclosure, discovery, or suspicion of sexual abuse
within your congregation. It
will serve you neither legally nor morally if you try to use it
otherwise.
If at this, or
any, point you would like to contact a pastor who has pastored a
church where sexual abuse was perpetrated by a church leader,
worker, or volunteer, go to the
Pastor
to Pastor
page for contact information.
Please take the time to read all of the information below before you
take any further steps unless you have a church attorney you can
contact.
This information is designed to help you understand:
-
your immediate interaction with the legal system
-
what is needed to bring
healing to your congregation
-
where and how to secure assistance in both the legal
and healing areas
As a pastor or leader who has just been advised of sexual abuse
within your congregation, you are probably, understandably, finding
yourself overwhelmed with questions. "What do I do with this?"
"What and whom do I worry about first?" "Whom do I tell, and what
do I tell them?" "How do I know if what I'm doing is what should
be done?" "What do I do first?"
Those are some of the issues we want to help you deal with
immediately. Some of the action you will need to take will be
painful and you may run into opposition from people within your
leadership or later, within your church body; but if the procedures
are carefully followed, you should:
-
eliminate or lessen your legal liability
-
place your church in favorable standing with the law
enforcement and legal system in your community
-
position yourself to be ready to receive the education and
training needed to minister to all those affected by sexual
abuse within your congregation and, should you desire,
within your community.
There are two important areas of consideration whenever child sexual
abuse is reported to church administration or staff...the legal and
the moral. It is important for you to understand that you will need
to work on these two fronts simultaneously.
We are going to deal with the legal first, not
because it is more important, but because all states have statues
that must be followed to protect those who have been abused, those
who are at risk of being abused, the church, and individuals within
the church who have knowledge or suspicion.
Legal Information
-
Most states have a definite time frame during which abuse is
to be reported, beginning from the time the abuse is
disclosed or discovered or suspected. For some states, it
is within 24 hours, for some immediately.
-
Some states have what is known as a Mandated Reporter list,
meaning that people with the occupations on the list must
report disclosed, discovered or suspected child sexual
abuse. In other states everyone is mandated to report.
-
If you, or the person who told you, are mandated, you
have absolutely no choice but to make the report within
the timeframe allowed by your state law.
-
Equally important, you are not allowed under the law to
conduct your own investigation or make your own
determination as to whether or not the disclosure,
discovery or suspicion is valid before you report. You
must report every case of disclosed or discovered sexual
abuse. You must also report even suspected child abuse.
It is the responsibility of your state agency to
investigate and make determinations on the legitimacy of
any abuse.
-
Child Sexual Abuse as defined by the Federal Child Abuse and
Neglect Law includes fondling a child's genitals,
intercourse, incest, rape, sodomy, exhibitionism and sexual
exploitation.
-
However to be considered child abuse these acts have to
have been committed by a person responsible for the care
of a child or who has regular access to the child. (for
example, a parent; day care provider, including school
personnel, a baby sitter, etc.)
-
Sexual Assault covers the same offenses
when perpetrated by a stranger.
|
|
-
The Federal Child Protective Services Act
provides for child sexual abuse to be
reported to the state agency created to
administer the act. States agencies
assigned to take reports and initiate
investigations of violations have various
names such as Department of Family Services,
Child Protective Services, etc. This agency
may be administered through a central state
location or, as is more often the case,
locally through the county or municipality.
-
Although the act does not provide for
Child Sexual Assault to be reported to
the state agencies, many jurisdictions
require all child sexual crimes be
reported to the state agency. (The fact
that you are not required to report to
the state agency does not mean that you
have an option of reporting even if the
allegation or suspicion is a sexual
assault. It simply means you may need
to make the report to the police or
sheriff rather than the state agency.)
-
Because most states utilize the state
agency for all child sexual crimes, we
suggest (unless you have already
investigated and know where to report)
that you contact the state agency
provided by the state under the FCPSA
first. If they do not accept sexual
assault reports, they will direct you to
the proper authority.
-
Enforcement of the state law is the
responsibility of the state's attorney, or
the equivalent thereof, through the local
district attorney's office.
What To Do
-
Print out the
Information Needed To Report Alleged Child
Sexual Abuse
form. This form will
enable you to provide the state agency with
the information they will be asking for when
you make the report. There may be some of
the information you don't have, but try to
get as much as you can without delaying the
reporting.
-
Call your local report-receiving agency. If
you do not know the name of the agency, call
information and explain that you need to
report a case of child sexual abuse and the
operator should be able to give you both the
number and the name of the agency.
-
The next step you should take following
reporting is to engage the services of an
organization offering services to churches
in your circumstances. Please
don't put this off. It should be done
immediately following reporting. Even
accusations of sexual abuse will split a
church if not handled properly.
Your entire congregation will be wounded by
the abuse. For some of your members, old
wounds that have never been properly healed
will be opened, for some the wounds will be
new.
You can expect varied reactions from your
congregation; some will be in denial,
some will express rage and want maximum
punishment, some will feel you should just
let the perpetrator ask forgiveness of God
and return to his or her place within the
church.
It is imperative to
the health of your congregation that they be
given the proper amount of information all
through the process so that rumors don't
tear your congregation apart.
What Not To Do
-
You may not contact the accused perpetrator,
even if he or she is in leadership.
-
You should not discuss the accusations with
anyone outside of the leadership of your
church until you have contacted your church
attorney and (or if you don't have a church
attorney) engaged the services of an
organization offering services for dealing
with abuse perpetrated within the church.
Sexual abuse is one of the enemy's most effective
devices for destroying churches. Our prayer for
you, is that you act now to prevent that from
happening in your church body.
If you would like more
information on the program Tree of Rest, Inc. offers
for churches in your situation, you may go to
The Wounded
Church.
If you would like to contact Tree of Rest, Inc.
to assist you until your leadership can decide
what course of action to take, or to walk with you
through the legal and healing process, you can
Contact Us.
For questions and/or information:
Contact Us
|
|
|
|
|
