by awakenyr2004 22 Replies latest watchtower child-abuse
BOTR: The elders should have enough sense to protect their assets and consult a private lawyer whose responsibility is his/her client, and not the Watchtower.
Maybe, but they are trained to ignore that "good sense" and to protect the WTBTS at all costs, even personal sacrifice.
The California Child Abuse and Neglect Reporting Law is currently found in Penal Code (P.C.) Sections 11164 - 11174.3
P.C. 11165.7 defines “mandated reporters” as any of the following:
1) A teacher.
2) An instructional aide.
3) A teacher’s aide or a teacher’s assistant employed by any public or private school.
4) A classified employee of any public school.
5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public or private school
…
21) A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family and child counselor, clinical social worker, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
22) Any emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
23) A psychological assistant registered pursuant to Section 2913 of the Business and
Professions Code.
24) A marriage, family and child therapist trainee, as defined in subdivision (c) of
Section 4980.03 of the Business and Professions Code.
25) An unlicensed marriage, family, and child therapist intern registered under Section
4980.44 of the Business and Professions Code
…
31) An animal control officer or humane society officer. For purposes of the California Child Abuse Reporting Law, the following terms have the following meanings: (A) “Animal control officer” means any person employed by a city, county, or city and county for the purpose of enforcing animal control laws and regulations. (B) “Humane society officer” means any person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
32) A clergy member, as specified in subdivision (d) of P.C. 11166. For purposes of the California
Child Abuse Reporting Law, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
33) Any custodian of records of a clergy member, as specified in P.C. 11165.7 and subdivision (d) of Section 11166.
34) Any employee of any police department, county sheriff’s department, county probation department, or county welfare department.
35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 1424 of the Rules of the Court
Why Must You Report? The primary intent of the reporting law is to protect an abused child from further abuse.
(To better understand this issue and to view it across States, download the PDF (439 KB) of this publication.)
Citation: Cal. Penal Code § 11165.7(a)(32)-(33)
A mandated reporter is defined as any of the following:
As used in this article, 'clergy member' means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
Citation: Cal. Penal Code § 11166(d)
A clergy member who acquires knowledge or reasonable suspicion of child abuse during a penitential communication is not required to make a report. For the purposes of this subdivision, 'penitential communication' means a communication intended to be in confidence--including, but not limited to, a sacramental confession--made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
Nothing in this subdivision shall be construed to modify or limit a clergy member's duty to report known or suspected child abuse when a clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in § 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in § 11165.9.
This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.
The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.
The Witnesses don't have a sacrament of confession. It would be interesting to be a fly on the wall and hear what elders are actually doing after they speak with WT Legal. Some Witnesses can make Bethel appear disinterested. Time will tell. Will being an elder seem so sexy when the elders appreciate their liability.
http://www.jw.org/en/jehovahs-witnesses/faq/women-ministers/
ALL Jehovah's Witnesses are ministers (emphasis mine). Therefore they ALL have to report ALL child abuse in reporting states.
Legal details are here:
https://www.childwelfare.gov/systemwide/laws_policies/statutes/manda.pdf
https://www.childwelfare.gov/systemwide/laws_policies/state/
IF YOU ARE A BAPTIZED JEHOVAH'S WITNESS YOU HAVE THE DUTY TO REPORT "BY LAW" ANY AND ALL CHILD ABUSE TO THE GOVERNMENTAL AUTHORITIES - NOT THE ELDERS.
Therefore if you do NOT report, you may become an accessory, you may be committing a felony or misdemeanor and you may be eligible for fines and jail time. You may not be able to claim privileges like clergy-penitent privilege because they will be interpreted very narrowly in child abuse cases - eg. the abuser confesses to you alone that they have done this. If more than one person knows about this, if the victim talks, if any witness talks there is NO MORE privilege.
Privilege granted |
Privilege denied in cases of suspected child abuse or neglect |
Privilege not addressed in the reporting laws | |
Clergy enumerated as mandated reporters |
Alabama, Arizona, Arkansas, California, Colorado, Georgia, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Vermont, Wisconsin |
Guam, |
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, |
Indiana, Nebraska, New Jersey, Tennessee, |
Neither clergy nor “any person” enumerated as mandated reporters |
Virginia, Washington |
Not applicable |
Alaska, American Samoa, |
I understand that the WTS has wavered on their definition of what a minister is depending on the times and if it benefited their organizations...during US draft...all ministers...during the OKS (Our Kingdom Service (instead of Ministry) period...no.
I would think that whether a jw is considered a minister or not is the state government's legal staff's call. The WTS would have to prove that an individual meets the state's definition of a minister.
I have seen the WTS say they have no "paid" clergy but then try and take advantage of the clergy-penitent laws. Is the WTS quibbling about being "paid"?
Have there been any cases in California re jw sexual abuse cases that centered on whether elders or others in authority are clergy, paid or not? I noticed a mention of uncertified marriage counselors being required reporters...
What happens if accused jw pedophiles have victims across state lines...FBI or federal agency involved?
*** g 8/09 The Bible’s Viewpoint Should There Be a Clergy-Laity Distinction?
Most Reverend, Right Reverend, Father, Most Holy Father, Rabbi, His Eminence, His Excellency, His Holiness, His All-Holiness—these are some of the titles that distinguish the clergy of various religions from the laity. The separation of the clergy from the laity is common to many religions, but is the arrangement from God, or is it a human tradition? More important, does it have God’s approval?
“IN THE New Testament and during the early apostolic times there is no mention of clergy or laity,” wrote professor of theology Cletus Wessels. The Encyclopedia of Christianity states: “There gradually arose a differentiation into clergy as the officeholders and the laity as the rest . . . ‘Ordinary’ church members now came to be seen as an unqualified mass.” That differentiation became prominent during the third century C.E.—more than two hundred years after Jesus Christ!
If, then, the clergy-laity distinction is not based on the model set by Jesus’ apostles and other early Christians, does that make it wrong? According to the Bible, yes. Consider why.
“All You Are Brothers”
God’s Word tells us that all Christians serve as God’s ministers and that none is above or beneath the other. (2 Corinthians 3:5, 6) “There was a very positive insistence on the absence of class” among early Christians, says religion writer Alexandre Faivre. That “absence of class” harmonizes with Jesus’ words to his followers: “All you are brothers.”—Matthew 23:8.
Spiritually older men did, of course, serve as overseers, which included being shepherds and teachers. (Acts 20:28) However, these men were not paid clerics. For the most part, they were ordinary working men—husbands and fathers. Moreover, they qualified to serve as overseers, not by attending religious seminaries, but by being diligent students of God’s Word and by cultivating the spiritual qualities required by God. These qualities include being “moderate in habits, sound in mind, orderly, hospitable, qualified to teach, . . . reasonable, not belligerent, not a lover of money, a man presiding over his own household in a fine manner.”—1 Timothy 3:1-7.
Why It Is Wise to Stick to the Bible
“Do not go beyond the things that are written,” the Bible states. (1 Corinthians 4:6) Sadly, when people disregard that divinely inspired directive, spiritual harm usually results, and that is true of the clergy-laity arrangement. How so? Please consider the following six points.
1. The separation of a clergy class implies that one must have a special calling to be a minister of God. Yet, the Bible says that all true Christians should serve God and praise his name. (Romans 10:9, 10) As for ministering within the congregation, Christian men in general are encouraged to reach out for that privilege, which is the custom among Jehovah’s Witnesses.—1 Timothy 3:1.
2. The clergy-laity distinction exalts the clergy class, an evidence being adulatory religious titles. Yet, Jesus said: “He that conducts himself as a lesser one among all of you is the one that is great.” (Luke 9:48) In harmony with that spirit of humility, he told his followers not to adopt religious titles.—Matthew 23:8-12.
3. A paid clergy class can impose a heavy financial burden on the laity, especially when the former have lavish lifestyles. Christian overseers, on the other hand, care for their financial needs by doing normal secular work, thus setting a good example for others.—Acts 18:1-3; 20:33, 34; 2 Thessalonians 3:7-10.
4. Because a clergyman may depend on others for financial support, he might be tempted to dilute the Bible’s message in order to please parishioners. Indeed, the Scriptures foretold that this very thing would occur. “There will be a period of time when they will not put up with the healthful teaching, but, in accord with their own desires, they will accumulate teachers for themselves to have their ears tickled.”—2 Timothy 4:3.
5. The clergy-laity distinction tends to cause lay people to relegate religion to the clergy, while the laity just turn up for weekly services. Yet, all Christians must be conscious of their spiritual need and be good students of the Bible.—Matthew 4:4; 5:3.
6. When the laity are Biblically uninformed, they can easily be misled by clerics, even exploited by them. Indeed, history contains many examples of such abuses.—Acts 20:29, 30.
In order to adhere closely to the pattern set down in the Bible, Jehovah’s Witnesses have, not a clergy class, but unpaid spiritual shepherds and teachers who willingly minister to God’s flock. Why not see for yourself by visiting a Kingdom Hall in your locality?
[Footnotes]
In the first century, some itinerant overseers did at times “live by means of the good news” by accepting hospitality and contributions that were willingly extended.—1 Corinthians 9:14.
Examples include the sale of indulgences, the Catholic Inquisition, and even the burning of Bibles by clerics who wanted to keep God’s Word out of the hands of their flocks.—See the November 15, 2002, issue of our companion magazine, The Watchtower, page 27.
----------------------------
Can you recount where the view of elders, COs, DOs, GB and others in authority fit the above?
http://www.metnews.com/articles/2008/cand081308.htm
Bill Johnson · Husson University
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Sue I am giving you three sources here. The third one, Judie Arnold's "Divine" Justice and the Lack of Secular Intervention: Abrogating the Clergy-Communicant Privilege in Mandatory Reporting Statutes To Combat Child Sexual Abuse, is the one with the most directly JW oriented information. Look on pages 860-861 (the 13th and 14th pages of this document) for that information. I hope this helps.
Are you at the Warwick where Roger Trigg taught?
Divine Justice and the Lack of Secular Intervention.pdf ×
Bill Johnson · Husson University
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And again:
Clergy-Penitent Privilege.pdf
http://www.researchgate.net/post/Where_can_I_find_research_about_Jehovahs_Witnesses_clergy_penitent_privilege_and_child_abuse
Mar 12, 2014
Bill Johnson · Husson University
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The others didn't attach for some reason. Here they are:
Waterloo for the so-called church autonomy theory.pdf
In the US, elders can perform marriage ceremonies BECAUSE they are considered clergy by the state!
As far as I know, this is true in every state in the US. Does anyone have any information to the contrary?
What's the situation in Canada, the UK, Australia or other countries (I know most, but not all, of our members are in English speaking countries).
The Wt. has created a Gordian Knot for themselves with this issue of who is a minister.
