MUST CLERGY REPORT ABUSE IN YOUR STATE? (page 2)

DazedAndConfused

I was talking to my husband about this and he said that what we need to do is to contact the Senator for our state and try to get something passed on the Federal level. As we can see, doing it state by state leaves a lot to be desired. I will look up state Senators and see if I can find a list.

DazedAndConfused

Senators of the 107th Congress

AK
Murkowski, Frank (R)
Stevens, Ted (R)
AL
Sessions, Jeff (R)
Shelby, Richard (R)
AR
Hutchinson, Tim (R)
Lincoln, Blanche (D)
AZ
Kyl, Jon (R)
McCain, John (R)
CA
Boxer, Barbara (D)
Feinstein, Dianne (D)
CO
Allard, Wayne (R)
Campbell, Ben Nighthorse (R)
CT
Dodd, Christopher (D)
Lieberman, Joseph (D)
DE
Biden Jr, Joseph (D)
Carper, Thomas (D)
FL
Graham, Bob (D)
Nelson, Bill (D)
GA
Cleland, Max (D)
Miller, Zell (D)
HI
Akaka, Daniel (D)
Inouye, Daniel (D)
IA
Grassley, Chuck (R)
Harkin, Tom (D)
ID
Craig, Larry (R)
Crapo, Mike (R)
IL
Durbin, Richard (D)
Fitzgerald, Peter (R)
IN
Lugar, Richard (R)
Bayh, Evan (D)
KS
Brownback, Sam (R)
Roberts, Pat (R)
KY
McConnell, Mitch (R)
Bunning, Jim (R)
LA
Breaux, John (D)
Landrieu, Mary (D)
MA
Kennedy, Edward (D)
Kerry, John (D)
MD
Mikulski, Barbara (D)
Sarbanes, Paul (D)
ME
Collins, Susan (R)
Snowe, Olympia (R)
MI
Levin, Carl (D)
Stabenow, Debbie (D)
MN
Dayton, Mark (D)
Wellstone, Paul (D)
MO
Bond, Christopher (R)
Carnahan, Jean (D)
MS
Cochran, Thad (R)
Lott, Trent (R)
MT
Baucus, Max (D)
Burns, Conrad (R)
NC
Helms, Jesse (R)
Edwards, John (D)
ND
Dorgan, Byron (D)
Conrad, Kent (D)
NE
Hagel, Charles (R)
Nelson, Ben (D)
NH
Gregg, Judd (R)
Smith, Bob (R)
NJ
Torricelli, Robert (D)
Corzine, Jon (D)
NM
Bingaman, Jeff (D)
Domenici, Pete (R)
NV
Reid, Harry (D)
Ensign, John (R)
NY
Schumer, Charles (D)
Clinton, Hillary (D)
OH
DeWine, Mike (R)
Voinovich, George (R)
OK
Inhofe, James (R)
Nickles, Don (R)
OR
Smith, Gordon (R)
Wyden, Ron (D)
PA
Santorum, Rick (R)
Specter, Arlen (R)
RI
Chafee, Lincoln (R)
Reed, Jack (D)
SC
Thurmond, Strom (R)
Hollings, Ernest (D)
SD
Daschle, Thomas (D)
Johnson, Tim (D)
TN
Frist, William (R)
Thompson, Fred (R)
TX
Gramm, Phil (R)
Hutchison, Kay Bailey (R)
UT
Bennett, Robert (R)
Hatch, Orrin (R)
VA
Warner, John (R)
Allen, George (R)
VT
Jeffords, James (I)
Leahy, Patrick (D)
WA
Murray, Patty (D)
Cantwell, Maria (D)
WI
Feingold, Russell (D)
Kohl, Herb (D)
WV
Byrd, Robert (D)
Rockefeller IV, John (D)
WY
Enzi, Mike (R)
Thomas, Craig (R)

dungbeetle

We're a'rockin' and a'rollin'!!!!!!!!

outnfree

Interesting stuff, Dung and Marvin!

and ((((((Dazed)))))) -- great work!!!

OK -- so we know the situation in TWO states in detail, and the general situation in the other 48.

But I'm concerned that the 4 of us seem to be talking to ourselves.
Anybody else out there planning to research and write? [giving best puppy dog look] Please???

Also, it IS very hypocritical the way the witnesses proclaim 'we have no clergy -- we are all brothers' until it suits them legally to say 'our elders are viewed as clergy, perform a function similar to clergy' thus we can reap the benefits of clergy-penitent privilege.

Nice of Marvin to have presented the scenario where clergy-penitent privilege would NOT apply, too.

outnfree

It's what you learn after you know it all that counts -- John Wooden

outnfree

With Hamptonite (it was nice meeting you!) and Kenpodragon having a difference in opinion on how best to combat child sexual abuse, and with other posters wondering what the laws on mandatory reporting were in their states, I thought I'd bttt this post from a while back.

Love,

out

abbagail

Good Idea, this thread!
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To get a current year's laws/statutes in your state, this worked for Florida: I typed in "Florida Statutes" into a search engine, and it gave the state's legislative website which includes all the statutes and constitution, etc.: http://www.leg.state.fl.us/
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They have a link, "View Statutes", and you pick which year from their drop-down menu (2002): http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes
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Or, you can do a search on their search page: http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Search%20Statutes&Submenu=2&Tab=statutes and type in something like "reporting child abuse," and it took me to the 2002 version of Chapter 39, which is all about child abuse, neglect, abandonment, etc.
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Chapter 39 falls under the "JUDICIAL BRANCH," Title V: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=V#TitleV

Chapter 39PROCEEDINGS RELATING TO CHILDREN
Part I: GENERAL PROVISIONS
Part II: REPORTING CHILD ABUSE
Part III: PROTECTIVE INVESTIGATIONS
Part IV: FAMILY BUILDERS PROGRAM
Part V: TAKING CHILDREN INTO CUSTODY AND SHELTER HEARINGS
Part VI: PETITION, ARRAIGNMENT, ADJUDICATION, AND DISPOSITION
Part VII: DISPOSITION; POSTDISPOSITION CHANGE OF CUSTODY
Part VIII: CASE PLANS
Part IX: PERMANENCY
Part X: JUDICIAL REVIEWS
Part XI: TERMINATION OF PARENTAL RIGHTS
Part XII: GUARDIANS AD LITEM AND GUARDIAN ADVOCATES
Part XIII: DOMESTIC VIOLENCE

Then you click on CHAPTER 39, PART II (dealing with reporting) and it takes you here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0039/part02.htm&StatuteYear=2002&Title=%2D%3E2002%2D%3EChapter%2039%2D%3EPart%20II

The 2002 Florida Statutes
Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
PART II
REPORTING CHILD ABUSE
39.201 Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline.
39.202 Confidentiality of reports and records in cases of child abuse or neglect.
39.203 Immunity from liability in cases of child abuse, abandonment, or neglect.
39.204 Abrogation of privileged communications in cases involving child abuse, abandonment, or neglect.
39.205 Penalties relating to reporting of child abuse, abandonment, or neglect.
39.206 Administrative fines for false report of abuse, abandonment, or neglect of a child; civil damages.

Clicking on Section 39.201 re: Mandatory Reporting shows this: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0039/SEC201.HTM&Title=->2002->Ch0039->Section%20201

39.201 Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline.--
(1)Any person, including, but not limited to any:
(a)Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons;
(b)Health or mental health professional other than one listed in paragraph (a);
(c)Practitioner who relies solely on spiritual means for healing;
(d)School teacher or other school official or personnel;
(e)Social worker, day care center worker, or other professional child care, foster care, residential, or institutional worker;
(f)Law enforcement officer; or
(g)Judge,
who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2).
(2)(a)Each report of known or suspected child abuse, abandonment, or neglect pursuant to this section, except those solely under s. 827.04(3), shall be made immediately to the department's central abuse hotline on the single statewide toll-free telephone number, and, if the report is of an instance of known or suspected child abuse by a noncaretaker, the call shall be immediately electronically transferred to the appropriate county sheriff's office by the central abuse hotline. If the report is of an instance of known or suspected child abuse involving impregnation of a child under 16 years of age by a person 21 years of age or older solely under s. 827.04(3), the report shall be made immediately to the appropriate county sheriff's office or other appropriate law enforcement agency. If the report is of an instance of known or suspected child abuse solely under s. 827.04(3), the reporting provisions of this subsection do not apply to health care professionals or other persons who provide medical or counseling services to pregnant children when such reporting would interfere with the provision of medical services.
(b)The department must consider valid and accept for investigation any report received by the central abuse hotline from a judge, teacher or other professional school official, or physician, as specified in paragraph (1)(a), paragraph (1)(d), or paragraph (1)(g), who is acting in his or her professional capacity, alleging harm as defined in s. 39.01.
(c)Reporters in occupation categories designated in subsection (1) are required to provide their names to the hotline staff. The names of reporters shall be entered into the record of the report, but shall be held confidential as provided in s. 39.202.
(d)Reports involving known or suspected institutional child abuse or neglect shall be made and received in the same manner as all other reports made pursuant to this section.
(e)Reports involving a known or suspected juvenile sexual offender shall be made and received by the department.
1.The department shall determine the age of the alleged juvenile sexual offender if known.
2.When the alleged juvenile sexual offender is 12 years of age or younger, the department shall proceed with an investigation of the report pursuant to this part, immediately electronically transfer the call to the appropriate law enforcement agency office by the central abuse hotline, and send a written report of the allegation to the appropriate county sheriff's office within 48 hours after the initial report is made to the central abuse hotline.
3.When the alleged juvenile sexual offender is 13 years of age or older, the department shall immediately electronically transfer the call to the appropriate county sheriff's office by the central abuse hotline, and send a written report to the appropriate county sheriff's office within 48 hours after the initial report to the central abuse hotline.
(f)Reports involving abandoned newborn infants as described in s. 383.50 shall be made and received by the department.
1.If the report is of an abandoned newborn infant as described in s. 383.50 and there is no indication of abuse, neglect, or abandonment other than that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the department shall provide to the caller the name of a licensed child-placing agency on a rotating basis from a list of licensed child-placing agencies eligible and required to accept physical custody of and to place newborn infants left at a hospital, emergency medical services station, or fire station. The report shall not be considered a report of abuse, neglect, or abandonment solely because the infant has been left at a hospital, emergency medical services station, or fire station pursuant to s. 383.50.
2.If the caller reports indications of abuse or neglect beyond that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the report shall be considered as a report of abuse, neglect, or abandonment and shall be subject to the requirements of s. 39.395 and all other relevant provisions of this chapter, notwithstanding any provisions of chapter 383.
(g)Hotline counselors shall receive periodic training in encouraging reporters to provide their names when reporting abuse, abandonment, or neglect. Callers shall be advised of the confidentiality provisions of s. 39.202. The department shall secure and install electronic equipment that automatically provides to the hotline the number from which the call is placed. This number shall be entered into the report of abuse, abandonment, or neglect and become a part of the record of the report, but shall enjoy the same confidentiality as provided to the identity of the caller pursuant to s. 39.202.
(h)The department shall voice-record all incoming or outgoing calls that are received or placed by the central abuse hotline which relate to suspected or known child abuse, neglect, or abandonment. The recording shall become a part of the record of the report but, notwithstanding s. 39.202, shall be released in full only to law enforcement agencies and state attorneys for the purpose of investigating and prosecuting criminal charges pursuant to s. 39.205, or to employees of the department for the purpose of investigating and seeking administrative penalties pursuant to s. 39.206. Nothing in this paragraph shall prohibit the use of the recordings by hotline staff for quality assurance and training.
(3)Any person required to report or investigate cases of suspected child abuse, abandonment, or neglect who has reasonable cause to suspect that a child died as a result of child abuse, abandonment, or neglect shall report his or her suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report his or her findings, in writing, to the local law enforcement agency, the appropriate state attorney, and the department. Autopsy reports maintained by the medical examiner are not subject to the confidentiality requirements provided for in s. 39.202.
(4)The department shall establish and maintain a central abuse hotline to receive all reports made pursuant to this section in writing or through a single statewide toll-free telephone number, which any person may use to report known or suspected child abuse, abandonment, or neglect at any hour of the day or night, any day of the week. The central abuse hotline shall be operated in such a manner as to enable the department to:
(a)Immediately identify and locate prior reports or cases of child abuse, abandonment, or neglect through utilization of the department's automated tracking system.
(b)Monitor and evaluate the effectiveness of the department's program for reporting and investigating suspected abuse, abandonment, or neglect of children through the development and analysis of statistical and other information.
(c)Track critical steps in the investigative process to ensure compliance with all requirements for any report of abuse, abandonment, or neglect.
(d)Maintain and produce aggregate statistical reports monitoring patterns of child abuse, child abandonment, and child neglect. The department shall collect and analyze child-on-child sexual abuse reports and include the information in aggregate statistical reports.
(e)Serve as a resource for the evaluation, management, and planning of preventive and remedial services for children who have been subject to abuse, abandonment, or neglect.
(f)Initiate and enter into agreements with other states for the purpose of gathering and sharing information contained in reports on child maltreatment to further enhance programs for the protection of children.
(5)The department shall be capable of receiving and investigating reports of known or suspected child abuse, abandonment, or neglect 24 hours a day, 7 days a week. If it appears that the immediate safety or well-being of a child is endangered, that the family may flee or the child will be unavailable for purposes of conducting a child protective investigation, or that the facts otherwise so warrant, the department shall commence an investigation immediately, regardless of the time of day or night. In all other child abuse, abandonment, or neglect cases, a child protective investigation shall be commenced within 24 hours after receipt of the report. In an institutional investigation, the alleged perpetrator may be represented by an attorney, at his or her own expense, or accompanied by another person, if the person or the attorney executes an affidavit of understanding with the department and agrees to comply with the confidentiality provisions of s. 39.202. The absence of an attorney or other person does not prevent the department from proceeding with other aspects of the investigation, including interviews with other persons. In institutional child abuse cases when the institution is not operating and the child cannot otherwise be located, the investigation shall commence immediately upon the resumption of operation. If requested by a state attorney or local law enforcement agency, the department shall furnish all investigative reports to that agency.
(6)Information in the central abuse hotline may not be used for employment screening, except as provided in s. 39.202(2)(a) and (h). Information in the central abuse hotline and the department's automated abuse information system may be used by the department, its authorized agents or contract providers, the Department of Health, or county agencies as part of the licensure or registration process pursuant to ss. 402.301-402.319 and ss. 409.175-409.176.
(7)(a)This section does not require a professional who is hired by or enters into a contract with the department for the purpose of treating or counseling any person, as a result of a report of child abuse, abandonment, or neglect, to again report to the central abuse hotline the abuse, abandonment, or neglect that was the subject of the referral for treatment.
(b)This section does not require an officer or employee of the judicial branch to again provide notice of reasonable cause to suspect child abuse, abandonment, or neglect when that child is currently being investigated by the department, there is an existing dependency case, or the matter has previously been reported to the department, provided there is reasonable cause to believe the information is already known to the department. This paragraph applies only when the information has been provided to the officer or employee in the course of official duties.
(8)Nothing in this chapter or in the contracting with community-based care providers for foster care and related services as specified in s. 409.1671 shall be construed to remove or reduce the duty and responsibility of any person, including any employee of the community-based care provider, to report a suspected or actual case of child abuse, abandonment, or neglect or the sexual abuse of a child to the department's central abuse hotline.
(9)On an ongoing basis, the department's quality assurance program shall review calls to the hotline involving three or more unaccepted reports on a single child, where jurisdiction applies, in order to detect such things as harassment and situations that warrant an investigation because of the frequency or variety of the source of the reports. The Program Director for Family Safety may refer a case for investigation when it is determined, as a result of this review, that an investigation may be warranted.
History.--ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 7, ch. 84-226; s. 37, ch. 85-54; s. 68, ch. 86-163; s. 34, ch. 87-238; s. 21, ch. 88-337; s. 33, ch. 89-294; s. 6, ch. 90-50; s. 51, ch. 90-306; s. 7, ch. 91-57; s. 17, ch. 91-71; s. 6, ch. 93-25; s. 59, ch. 94-164; ss. 22, 44, ch. 95-228; s. 9, ch. 95-266; s. 51, ch. 95-267; s. 133, ch. 95-418; s. 1, ch. 96-215; s. 14, ch. 96-268; s. 14, ch. 96-402; s. 271, ch. 96-406; s. 1041, ch. 97-103; s. 43, ch. 97-264; s. 257, ch. 98-166; s. 31, ch. 98-403; s. 4, ch. 99-168; s. 10, ch. 99-193; s. 41, ch. 2000-139; s. 3, ch. 2000-188; s. 1, ch. 2000-217; s. 1, ch. 2001-53.
Note.--Former ss. 828.041, 827.07(3), (4), (9), (13); s. 415.504.

Clergy are NOT specifically listed above. However, the reporting section states: "INCLUDING, BUT NOT LIMITED TO..." I'm no attorney, but it would seem to me, then, that ANYBODY & EVERYBODY, including clergy, SHOULD BE REPORTING. Are there any legal-beagles out there who have a comment on this?
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The next section I copied, just out of curiosity, is the PENALTY Section for NOT reporting, Section 39.205: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0039/SEC205.HTM&Title=->2002->Ch0039->Section%20205

39.205 Penalties relating to reporting of child abuse, abandonment, or neglect.--
(1)A person who is required to report known or suspected child abuse, abandonment, or neglect and who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, is guilty of a misdemeanor of the first degree punishable as provided in s. 775.082 or s. 775.083. A judge subject to discipline pursuant to s. 12, Art. V of the Florida Constitution shall not be subject to criminal prosecution when the information was received in the course of official duties.
(2)Unless the court finds that the person is a victim of domestic violence or that other mitigating circumstances exist, a person who is 18 years of age or older and lives in the same house or living unit as a child who is known or suspected to be a victim of child abuse, neglect of a child, or aggravated child abuse, and knowingly and willfully fails to report the child abuse commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)A person who knowingly and willfully makes public or discloses any confidential information contained in the central abuse hotline or in the records of any child abuse, abandonment, or neglect case, except as provided in this chapter, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4)The department shall establish procedures for determining whether a false report of child abuse, abandonment, or neglect has been made and for submitting all identifying information relating to such a report to the appropriate law enforcement agency and shall report annually to the Legislature the number of reports referred.
(5)If the department or its authorized agent has determined after its investigation that a report is false, the department shall, with the consent of the alleged perpetrator, refer the report to the local law enforcement agency having jurisdiction for an investigation to determine whether sufficient evidence exists to refer the case for prosecution for filing a false report as defined in s. 39.01(27). During the pendency of the investigation by the local law enforcement agency, the department must notify the local law enforcement agency of, and the local law enforcement agency must respond to, all subsequent reports concerning children in that same family in accordance with s. 39.301. If the law enforcement agency believes that there are indicators of abuse, abandonment, or neglect, it must immediately notify the department, which must assure the safety of the children. If the law enforcement agency finds sufficient evidence for prosecution for filing a false report, it must refer the case to the appropriate state attorney for prosecution.
(6)A person who knowingly and willfully makes a false report of child abuse, abandonment, or neglect, or who advises another to make a false report, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. Anyone making a report who is acting in good faith is immune from any liability under this subsection.
History.--ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 28, ch. 88-337; s. 56, ch. 90-306; s. 10, ch. 91-57; s. 21, ch. 91-71; s. 251, ch. 91-224; s. 10, ch. 93-25; s. 276, ch. 96-406; s. 4, ch. 98-111; s. 35, ch. 98-403; s. 6, ch. 99-168; s. 3, ch. 2000-217; s. 4, ch. 2002-70.
Note.--Former ss. 828.041, 827.07(18); s. 415.513

So, I'm still confused. In this section they mentioned those REQUIRED to report, yet as I stated further above, the section on reporting showed a list "INCLUDING BUT NOT LIMITED TO..." certain individuals/professionals, etc. Therefore, is the clergy included or not (NOT LIMITED TO...)???

Thanks.
Grits

Edited by - grits on 2 October 2002 3:55:15

abbagail

Re: the FLORIDA info above: I found it a little strange that if you are a doctor or teacher or ANY PERSON (including but NOT limited to), etc. and you do NOT report, you're only guilty of a 1st degree MISDEMEANOR (sounds like a slap on the wrist to me).

However, if you are at least 18 and living in the same household and you do NOT report, you get slammed with a 3rd degree FELONY.

If I am understanding that correctly, then an 18 year old (of the same household) is expected to take MORE responsibility than, say, a 40-year-old teacher, doctor, elder, etc. (outside of the household).

Whoever writes these ass-backward laws should be fired.

Anyone else in Florida working on this? Combining efforts would be helpful.

Thanks/GRITS

ChristianObserver

Hello :o)

I'm looking into the UK position on reporting and have calls in to the NSPCC and ChildLine, two charities which work lobbying government for improved child protection.

For anyone in the UK who would also like to follow this up the tel nos. are:

NSPCC - Policy helpline - 0207 825 2775

ChildLine - Policy section - 0207 239 1000

There is a tube strike in London today, so phones are not as yet being answered (I've left a message), but I'll post any information I discover.

If mandatory reporting by all who suspect child abuse could be made a legal requirement then this would be a huge step towards the protection of ALL children.

Anyone in the UK willing to join a working party to forward this aim over here? Thinking out loud - drafting a letter to send to the Prime Minister, MPs and Ministers in order to draw attention to the best practices of those States with mandatory reporting and urging them to follow suit......? Child abuse is in the public eye in the UK following the harrowing BBC documentary series, Panorama and another documentary of abuse within one family. Now is a good time to attempt this imo.

safe4kids

Brenda,

Great thread (but you know how much you enjoy talking to yourself! )

Grits,

Email me, please, and maybe we can coordinate our efforts. I'm with you on this one!

Dana

hawkaw

Hi OnF

Keep in mind that all baptized JWs are ordained ministers. Thus, all JWs with knowledge (not just the elders) must "forthwith" report abuse in the 16 states in the USA and 10 Provinces/3 territories in Canada. Does this happen? NO!! Only the elders do the reporting.

Also in all 50 states in the USA and provinces/territories in Canada parents are required by law to "forthwith" report abuse to the proper authorities. Why can't a god damn Awake! article state that.

Finally there is an interesting Canadian Supreme Court decision that is even mentioned in one of the Canadian Body of Elder's letters in Canada dated June 1, 1992. In the 4th paragraph, second sentence, the letter states:

"A recent decision of the Supreme Court of Canada indicates that ministers as a class are not exempt from the duty to report"

This is huge case law that is basically saying - whether there is or is not a special reporting law compelling a minister (elder) to report a case of sexual abuse, the law still requires the minster (elder or baptized JW) to still forthwith report the alleged abuse case to the authorities.

Canada and the United States have very similar consitutions when it comes to the freedom of religion and what it offers. Canada, just like the USA does not rule on doctrine issues. Canada, just like the USA uses a common law approach.

I would urge those to use this Supreme Court decision (if I can find it) to tell the Watchtower that .... hey ... in those 34 US states that do not have a special mandatory law for clergy to start reporting it anyway or you could get yourself into trouble.

hawk

p.s. - I also ave another court decision that clearly shows that the elders are on evidence gathering missions when it comes to these allegations of abuse. No one is asking for confidentiality the court said. And thus, they do not meet the "confidential" rules for clergy.

Edited by - hawkaw on 2 October 2002 9:7:46

MUST CLERGY REPORT ABUSE IN YOUR STATE?

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