by Jacinta 3 Replies latest jw experiences
http://www.calib.com/nccanch/pubs/stats01/mandrep.cfm#az
Does this law mean that priests, clergymen, elders, etc. are NOT mandated to report abuse? UNDER: Priviledged Communications.
I am interested in the state of Arizona only. Thanks for your help.
J
The way I read it yes, but notice the bold mine,
A clergyman or priest who has received a confidential communication or a confession in that person's role as a clergyman or priest in the course of the discipline enjoined by the church to which the clergyman or priest belongs may withhold reporting of the communication or confession if the clergyman or priest determines that it is reasonable and necessary within the concepts of the religion. This exemption applies only to the communication or confession and not to the personal observations the clergyman or priest may otherwise make of the minor.
So what I gather from this exception to the exemption that if a priest, clergeman, elder saw signs of abuse sexual or otherwise he is mandated to report it. JMHO
edited to add I am NOT a lawyer.
C
When the pain of being where we are, becomes greater than our fear of letting go...we will risk and heal and grow.
We just got out from under the WT's thumb, do you think we'd mess it up by hanging around with lawyers?
Hmmm
Religious institutions have spent too much time and money protecting the institution from its people instead of protecting the people from their institution. What is needed is for them to take up the task of protecting their people, even when that means admitting they have failed them.
Hopefully Jancita there are people and legislators out there such as in NY who are changing the reporting laws to include past cases of abuse that can now be prosecuted.
Have you been to the silentlambs webpage yet? silentlambs.org
http://www.cra-us.org/Crgonlin2/mandate_report.htm
Members of the clergy make up a final category that is often included in reporting laws. Their inclusion leads to a discussion of privileged communication. A number of states have decided that there are certain instances when an individual should not be required to report. The instance most often cited by state laws is information gained by a clergyman or woman during confession or some other confidential communication. Arizona, California, Idaho, Kentucky, Louisiana, Maine, Maryland, Minnesota, Montana, Nevada, North Dakota, Oregon, Pennsylvania, South Carolina, Utah, and Washington state have all excused clergy members from reporting privileged communications. These states have not, however, excused clergy members from reporting abuse or neglect that they observe while performing their other duties.
Indicators for physical abuse include: *- Frequent injuries such as bruises, cuts, burns or black eyes for which the child cannot give an adequate explanation of cause.- Complaints of pain without noticeable injury.- Bruises or cuts in a distinctive pattern that may indicate the use of an instrument or a human bite; burns that may look as though they came from a cigarette.- Lack of response to pain.- Destructive, aggressive or disruptive behavior.- Passive, withdrawn or emotionless behavior.- Fear of going home or seeing parents.- Injuries that appear after the child has not been seen for several days.- Unseasonable clothes that may hide injuries to arms or legs.Indicators for sexual abuse include: *- Physical signs of sexually transmitted diseases.- Pregnancy in a young girl.- Evidence of injury to the genital area.- Difficulty in sitting or walking.- Frequent expressions of sexual activity between adults and children.- Extreme fear of being alone with adults of a particular sex.- Sexually suggestive, inappropriate or promiscuous behavior.- Knowledge about sexual relations beyond what is appropriate for the child’s age.- Sexual victimization of other children.Indicators for neglect are: *- Obvious malnourishment.- Lack of personal cleanliness.- Torn and/or dirty clothes.- Obvious fatigue and listlessness.- A child unattended for long periods of time.- Need for glasses, dental care or other medical attention.- Stealing or begging for food.- Frequent absence from or tardiness to school.* Taken from the website for the Texas Office of the Attorney General.As you can see from the list, some indicators are more subtle than others. An indicator like complaining of pain without noticeable injury may in fact be the result of an illness, just like passive, withdrawn or emotionless behavior may be due to the loss of a loved one. The important thing to look for, therefore, is not a single indicator that appears one time only, but instead a combination of indicators or a single indicator that appears frequently.For instance, torn or dirty clothes may be due to poverty and not neglect, however, torn or dirty clothes in combination with obvious malnourishment and a need for medical attention should definitely lead one to suspect neglect. Another example would be a child who occasionally has bruises on his arms from playing with his dog, such bruises are a natural result of childhood exuberance and should not lead to a report. On the other hand, a child who frequently has hand-shaped bruises on his back should definitely merit a closer look to see if there is any abuse going on at home.
C
When the pain of being where we are, becomes greater than our fear of letting go...we will risk and heal and grow.
