Posts by YoursChelbie

according to the watchtower society's legal department, in some states the elders are "not required to report" allegations of child abuse among the members.

but what exactly are they not required to report?

the sinner's confession or the victim's allegation?

Here's the site with the more detailed explaination of state laws. I know there's another post similar to this I was just typing away and didn't realize that I started two similar posts. Bear with me please. Thanks.

13

MANDATORY REPORTERS OF CHILD ABUSE

by YoursChelbie in

according to the watchtower society's legal department, in some states the elders are "not required to report" allegations of child abuse among the members.

but what exactly are they not required to report?

the sinner's confession or the victim's allegation?

YoursChelbie

The Watchtower legal department is clearly not telling the elder's ALL the facts. If they were,

their instructions would advise them that they are obligated by law to report cases when it is the

victim who comes to them or another person besides the abuser.

The elder's who face litigation because they were following the rules of the Legal Department

really should have their attorney fees payed for by the WTS. Anyone with internet access can get

up-to-date info on the resposibilities of clergy people to report cases of abuse when they are

not directly dealing with information volunteered the abuser. For the WTS Legal Department to

fail to explain these facts to the elders would have to mean that they are either totally ignorant

about the law or they are just plain wicked and only interested in justifying their failure

to report past and future allegations of abuse.

4

"CLERGY-PENITENT" EXEMPT STATES

by YoursChelbie in

there are a total of 16 states out of 50 .

(the number could chage with new legislation.).

that currently have "privileged communication" exemptions for .

YoursChelbie

4

"CLERGY-PENITENT" EXEMPT STATES

by YoursChelbie in

there are a total of 16 states out of 50 .

(the number could chage with new legislation.).

that currently have "privileged communication" exemptions for .

YoursChelbie

Hello beetle,

The information I looked up can be accessed directly from the link on the first post of this thread. It comes from the website of the "The US Department of Health and Human Services."

Below is a link to the more detailed information and again includes a state by state listing of laws for mandatory reporters of child abuse. This link is also in text form, not chart. It may be easier to print out if you wish:

http://www.calib.com/nccanch/pubs/stats01/mandrep.cfm#top

Edited by - YoursChelbie on 21 July 2002 17:37:52

Edited by - YoursChelbie on 22 July 2002 0:3:22

13

MANDATORY REPORTERS OF CHILD ABUSE

by YoursChelbie in

according to the watchtower society's legal department, in some states the elders are "not required to report" allegations of child abuse among the members.

but what exactly are they not required to report?

the sinner's confession or the victim's allegation?

YoursChelbie

Hi beetle,

The text below shows the current mandatory reporting law for the state of California.

Cal. Penal Code 11166(c) (West, WESTLAW through End of 1999-2000 Reg. Sess., 1 st Ex. Sess., & Nov. 7, 2000)
A clergy member who acquires knowledge or reasonable suspicion of child abuse during a penitential communication is not subject to the requirement 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 the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.

Victims of abuse have not sinned, they are trying to get help when they approach an elder. It would not be in the interest of the victim to send that one back to the perpetrator. In such a case, under the mandate of the state of California, the last paragraph would take presidence and would necessitate action on the part of the clergy who comes to have knowledge of this crime. The action being to report it to the authorities.

This link below gives a complete outline, state by state of persons who are under mandatory obligation to report suspected cases of child abuse.

The text obove was copied from this site:

http://www.calib.com/nccanch/pubs/stats01/mandrep.cfm#top

Edited by - YoursChelbie on 21 July 2002 17:23:33

Edited by - YoursChelbie on 21 July 2002 17:42:36

4

"CLERGY-PENITENT" EXEMPT STATES

by YoursChelbie in

there are a total of 16 states out of 50 .

(the number could chage with new legislation.).

that currently have "privileged communication" exemptions for .

YoursChelbie

THERE ARE A TOTAL OF 16 STATES OUT OF 50

(The number could chage with new legislation.)

THAT CURRENTLY HAVE "PRIVILEGED COMMUNICATION" EXEMPTIONS FOR

REPORTING OF CHILD ABUSE BY CLERGY OF ANY RELIGION.

THE CLERGY, HOWEVER, ARE NOT EXEMPT FROM REPORTING TO

LOCAL AUTHORITIES THE COMUNICATION BETWEEN THEMSELVES AND

THE ALLEGED VICTIM.

THE INFORMATION THAT IS PRIVILEGED IS THAT BETWEEN THE CLERGY AND

THE CONFESSED PERPETRATOR.

http://www.calib.com/nccanch/pubs/sag/manda.cfm

HAS WATCHTOWER LEGAL DEPARTMENT BEEN ACCURATE IN ITS GUIDELINES AND

ADVICE TO ELDERS WITH REGARDS TO REPORTING ALLEGATIONS OF ABUSE?

13

MANDATORY REPORTERS OF CHILD ABUSE

by YoursChelbie in

according to the watchtower society's legal department, in some states the elders are "not required to report" allegations of child abuse among the members.

but what exactly are they not required to report?

the sinner's confession or the victim's allegation?

YoursChelbie

According to the Watchtower Society's Legal Department, in some states the elders are "not required to report" allegations of child abuse among the members. BUT WHAT EXACTLY are they not required to report? The sinner's confession OR the victim's allegation?

Presently, 16 states have what are called exemptions for reporting child abuse by clergy-penitent privilege. The word penitent means "one who confesses to a sin and seeks forgiveness." For instance, let's say that an elder living in California is in a situation where he calls the WTS legal department regarding alleged child abuse in his congregation. Upon hearing the report of alleged abuse the Legal Department informs the elder that he is in a "non-reporting" state. Does the Legal Department further tell him that while he cannot divulge the confession from the alleged abuser, he IS under compulsion to go to the authorities with the claim of the distraught victim? Does the law in those 16 states stipulate that the elder (clergy) is under no obligation whatsoever to report any allegations of child abuse?

THE ANSWER IS EVIDENT IN the chart on the link below. It shows all 50 states, and their individual statutes as they currently stand (they tend to be updated and revised constantly.)

Note that in numerous instances "Clergy" is listed under the heading "OTHERS WHO MUST REPORT" abuse while "Clergy-Penitent" is listed under the heading "Privileged Communication" for THE SAME STATE.

http://www.calib.com/nccanch/pubs/sag/manda.cfm

Edited by - YoursChelbie on 21 July 2002 6:27:27

7

NY Newsday, Going door-to-door, my pedofile letter

by freeman in

jw
friends

here is my letter to the editor of newsday; a new york paper that today saturday july 20, is featuring an extensive article on jehovahs witnesses, their brushes with the law and angry mobs, and their past and most recent court battles.

the article is called going door to door will they pint my letter?

you should be able to read the article at

YoursChelbie

I agree with everything that DakotaRed said.

Good for you!

YoursChelbie