Yes, the WTS tries to hide behind the CLERGY-penitent law regarding reporting abusers (despite that the WTS says they don't have a clergy class). But not all states excuse this under all and any circumstances.
http://www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandated.cfm
The chart below ( SEE WEBSITE) summarizes how States have or have not addressed the issue of clergy as mandated reporters (either specifically or as part of a broad category) and/or clergy-penitent privilege (either limiting or denying the privilege) within their reporting laws.
Privilege granted but limited to pastoral communications | Privilege denied in cases of suspected child abuse or neglect | Privilege not addressed in the reporting laws | |
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Clergy enumerated as mandated reporters | Alabama, Arizona, Arkansas, California, Colorado, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Vermont, Wisconsin | New Hampshire, West Virginia | Connecticut, Mississippi |
Clergy not enumerated as mandated reporters but may be included with "any person" designation | Delaware, Florida, Idaho, Kentucky, Maryland, Utah, Wyoming | North Carolina, Oklahoma, Rhode Island, Texas | Indiana, Nebraska, New Jersey, Tennessee, Puerto Rico |
Neither clergy nor "any person" enumerated as mandated reporters | Virginia, Washington 5 | Not applicable | Alaska, American Samoa, District of Columbia, Georgia, Guam, Hawaii, Iowa, Kansas, New York, Northern Mariana Islands, South Dakota, Virgin Islands |
To access the statutes for a specific State or territory, visit the State Statutes Search .
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http://www.silentlambs.org/education/92_murder_letter.cfm
*** w77 3/15 pp. 191-192 Questions From Readers ***
The Bible advises Christians to obey the laws of the land in all matters where there is no conflict with God’s law. (Rom. 13:1; Acts 5:29) The apostle explained that by doing this we will not need to fear punishment from the authorities who punish lawbreakers. Also, we can thus have a clear conscience.—Rom. 13:3-5.
Still, God’s Word does not charge the Christian congregation, through its overseers, with the obligation to become acquainted with all the details of civil and criminal law so as to enforce these. We can see this in how Paul handled the case of Onesimus.
Onesimus was a slave of a Colossian Christian named Philemon. For some selfish reason Onesimus fled to Rome so he could lose himself in the masses of people there; he may even have robbed his master before fleeing. In Rome as a runaway slave (Latin, fugitivus) Onesimus came in contact with Paul, became a Christian and ministered to Paul. In time the apostle urged Onesimus to return to his legal master, Paul even encouraging Philemon to receive Onesimus as a brother and to treat him kindly.—Philem. 8-22.
Take note that while Onesimus was in Rome the apostle Paul did not hand him over to the Roman authorities for punishment as a fugitive slave and possibly a thief. We know from his writings that Paul believed that a Christian should obey the law of the land, but plainly he did not consider it the congregation’s duty to serve as an arm of the government in policing individuals’ lives. Also, we can observe that Onesimus’ situation was not treated as a barrier to his getting baptized. Eventually Onesimus, likely motivated by counsel such as had been written earlier in Romans 13:1-5 and by Paul’s personal urgings, chose to return to his legal master.
The Christian congregation today follows a course harmonious with this Biblical pattern. It does not, before allowing a person to get baptized or continue in the congregation, check to see if someone’s home meets every detail of the building code, whether he has satisfied every detail as to his legal status in the country, and so forth.
*** w86 10/1 Questions From Readers ***
“Questions From Readers,” The Watchtower of June 1, 1968.
Elders in the Christian congregation are responsible to handle violations of divine law, such as stealing, murder, and immorality. But God did not require congregation elders to enforce Caesar’s laws and codes. Hence, Paul did not feel compelled to turn over to Roman authorities Onesimus, who was a fugitive under Roman law. (Philemon 10, 15) Of course, if someone flagrantly violates secular law, gaining the reputation of being a lawbreaker, he would not be a good example and might even be disfellowshipped. (1 Timothy 3:2, 7, 10) If lawbreaking was involved in causing another’s death, bloodguilt requiring congregation investigation might result.