WTBS and reporting child abuse

by QueenWitch 6 Replies latest watchtower child-abuse

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  QueenWitch

  WTBS says to contact their Legal Dept if suspected child abuse is suspected. In MD, you are a mandatory reporter if a health worker, educator, human service worker, or police officer. So what if you are a mandatory reporter and a JW, what then? Are they counciled to follow Caesar's laws in this case? or does WTBS override the laws of the land?

  Here is the instruction page for reporting abuse in MD:

  http://www.dhr.state.md.us/cps/report.php

  More info on reporting in MD from www.childwelfare.gov:

  A minister of the gospel, clergy member, or priest of an established church of any denomination is not required to provide notice [when they have reason to believe that a child has been subjected to abuse or neglect] if the notice would disclose matter in relation to any communication that is protected by the clergy-penitent privilege and:

  -The communication was made to the minister, clergy member, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergy member, or priest belongs.

  -The minister, clergy member, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.

  (end info)

  I gather from this that unfortunately, if a JW confesses to an elder that s/he abused a child or if comes out in a judicial committee meeting, that communication is priviledged and does NOT have to be reported. However if confessed to a Bro. Anybody or overheard, that person has the obligation to report although not mandated by law. Legalities aside, it should be a moral obligation to make all good faith reports of this abhorrent behavior to the proper authorities.
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  bobld

  So the Catholic priest who abuses little boys is protected.
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  Chemical Emotions

  That's horrible. I don't understand how that can be a law.

  Then again, it doesn't matter. The WTS acts like they think it's bad that the Catholic Church does it, so they are hypocrites to do so themselves.

  But I'm curious: Are they not OBLIGATED, or are they not ALLOWED to disclose this info under those circumstances? Either way, they should (they disobey the law when it suits them, anyway! Would a kind god want them to disclose abuse?), obviously, but if it's the former, then it's even worse, because, legally, they have a choice.

  I'm sorry; I can't seem to wrap my head completely around all of this.
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  Phizzy

  They have a moral duty to report immediately, before discussing with other Elders. Legal Dept or anybody, so that the child may be protected and witnesses not intimidated etc and so that the victim can receive immediate professional help from those trained in the matter.

  So far, the immoral WT has not given direction that this should be the case,individual Elders with no conscience of their own, but simply one dictated and controlled by the WT, will only do as the WT say.

  The WT are as reprehensible as the Catholic church and are still not doing anything about their problems.

  More children and vulnerable people will suffer needlessly because the intractable and heartless WT simply cares about minimising the risk of litigation and hanging on to the dollars donated by the very people who become victims or by the families of victims.
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  blondie

  I have only seen the WTS use the clergy-penitent clause regarding reporting abuse in the case of elders. But I have wondered if you were not an elder, just a rank and file jw, even a sister, and fell in one of those reporting categories, what would happen?

  Not all states in the US give clergy a pass on reporting. Which is why the elders are told to call WTS Legal before proceeding on any child abuse case. BTW abuse includes beatings etc, not just sexual.

  http://www.childwelfare.gov/systemwide/laws_policies/state/

  http://www.childwelfare.gov/systemwide/laws_policies/statutes/manda.cfm
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  Anony Mous

  The elders and WTBTS is NOT covered by clergy-penitent privilege (as has been reaffirmed by several circuits) because the elders write down and share information with HQ. Since the penitent has no expectation of privacy inside the religion such communication is not covered/protected by the law.
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  jamiebowers

  The elders and WTBTS is NOT covered by clergy-penitent privilege (as has been reaffirmed by several circuits) because the elders write down and share information with HQ. Since the penitent has no expectation of privacy inside the religion such communication is not covered/protected by the law.

  That is exactly what was decided during Gilbert Simental's criminal trial in California a few years ago.