PAPAL REQUIREMENTS ON ABUSE REPORTING

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Commonweal Editorial June 1, 2019

"Vos estis lux mundi should be received with neither cynicism nor complacency. It is one of the most decisive actions Rome has taken since the emergence of the sex-abuse crisis decades ago."

WHY THE 'METROPOLITAN PLAN' DOESN'T WORK

By Rita Ferrone,  July 8, 2019

"The first trial run of a metropolitan-centered strategy to contain abusive bishops has provided a spectacular public demonstration of how this plan can fail. The case I am referring to, of course, is that of Bishop Michael Bransfield of the diocese of Wheeling-Charleston, West Virginia, who has been suspended from ministry over multiple allegations of sexual harassment and misuse of diocesan funds. Pope Francis put Archbishop William E. Lori of Baltimore in charge of the investigation. Lori is the metropolitan of the province in which the diocese of Wheeling-Charleston is located."

English Text of Papal Document

What wrongdoing is covered?   Forcing someone, by violence or threat or through abuse of authority, to perform or submit to sexual acts; performing sexual acts with a minor or a vulnerable person; child pornography. Actions or omissions intended to interfere with or avoid civil investigations or canonical investigations of the preceding,

All dioceses must establish within a year from the entry into force of these norms, one or more public, stable and easily accessible systems for submission of reports, even through the institution of a specific ecclesiastical office

A universal and legally binding obligation on all clerics and religious (both men and women) to immediately report all accusations of abuse or the cover-up of abuse

Making the report does not violate confidentiality; the person making the report may not be retaliated against, and is not obliged to keep silent.

Victims are to be welcomed, listened to and supported, including offered spiritual assistance,  medical assistance, including therapeutic and psychological assistance. Their dignity and confidentiality needs are to be respected.

Bishops are to be investigated by a Metropolitan or someone appointed by Rome in the case of Metropolitans. Rome is to authorized an investigation with 30 days of a report, and the Metropolitan is to conclude the investigation within 90 days of its authorization. The metropolitan is to involve well qualified people, including laity, that do not have conflicts of interest.


Notable Specifications focused on lay involvement:


A third-party reporting mechanism to be arranged for by the United States Conference of  Catholic Bishops, implemented by the Metropolitan See, and published by each diocese.

Each Metropolitan, in consultation with the suffragan bishops, should appoint on a stable basis, even by means of an ecclesiastical office a qualified lay person to receive reports of conduct about bishops.

The Metropolitan should appoint an investigator chosen from among the lay persons identified previously by the province. In consultation with the investigator, the Metropolitan should also make use of other qualified experts chosen predominantly from among lay persons.


Notable commitments:


We will amend, where necessary, our diocesan or eparchial codes of conduct for ministers so
that they state unequivocally that they apply to bishops as well as to all those serving the  Church in our diocese or eparchy.

We will also make sure that these codes of conduct contain clear explanations as to what
constitutes sexual misconduct with adults as well as what constitutes sexual harassment of adults.

We will “participate, whenever possible, in formation gatherings arranged by various ecclesial bodies especially those offered by the USCCB, in regard to best practices in preventing and dealing with sexual abuse of minors and vulnerable persons, and sexual misconduct with or sexual harassment of adults, seeking the help of experts. in the fields.

Finally, when proposing names for the office of bishop, we will offer candidates truly suitable for the episcopacy.


This does not give bishops any new powers, it states that while retired bishops have rights such as celebrating Mass, any bishop can regulate these for his own diocese although he cannot do anything about the retired bishop when he goes to another diocese. It is up to the bishop of that diocese to regulate the retired bishop.

This Protocol provides for a manner of accountability for a bishop emeritus who resigned or was removed from his ecclesiastical office due to grave acts of commission or omission as stipulated in the Code of Canon Law, or who  subsequent to his resignation is found by competent ecclesiastical authority to have so acted or failed to act

This form of accountability would be implemented by the diocesan bishop who is his successor, a diocesan bishop in whose jurisdiction the bishop emeritus resides or in which he seeks to minister, or by the episcopal conference, within the existing limits of their authority, and in light of any measures already imposed by the Apostolic See.

Some Case Studies of Vulnerable Adult Abuse


 BLIND SPOTS

 By Griffin Oleynick, May 21, 2019
In late 2014 I entered a monastery in Italy, intending to stay for good. A year later, I left. I had become a victim of clerical abuse.

The novice master who abused this victim was removed from his position, but is likely still with the religious order. The victim has the satisfaction that the abuser will not abuse future novices.  However has justice really been rendered since this person was unable to truly test his vocation. The novice master did not lose his vocation by his behavior.

TOP US CARDINAL ACCUSED OF MISHANDLING AIDE'S SEX ABUSE CASE

A 55-year-old construction executive in Texas, had been at a low point in her life when she sought spiritual counseling from Rossi, the longtime No. 2 official in the Galveston-Houston archdiocese DiNardo heads. Instead, she said, Rossi preyed on her emotional vulnerability to draw her into a physical relationship that he called blessed by God.

In Texas turning a pastoral counseling relationship into a sexual relationship is against the law. DiNardo after having the priest undergo counseling and reflection sent him to be a pastor in a neighboring diocese (i.e. did not remove him from counseling women). The case is further complicated since the women now says the priest heard her confession after their relationship which is a big NO under canon law. The penalty is excommunication. The diocese is now investigating that allegation. Again the question is has justice been served in this case?


In the years before he was ousted for alleged sexual harassment and financial abuses, the leader of the Catholic Church in West Virginia gave cash gifts totaling $350,000 to fellow clergymen, including young priests he is accused of mistreating and more than a dozen cardinals in the United States and at the Vatican, according to church records obtained by The Washington Post.




The names of 11 powerful clerics who received checks were edited out of the final report at the request of the archbishop overseeing the investigation, William Lori of Baltimore. Lori’s name was among those cut. He received a total of $10,500, records show. The Post obtained both versions of the report, along with emails and financial records.

Bransfield’s sexual harassment and financial misbehavior was well known among senior diocesan officials. What are the requirements for justice in this case?  


 VATICAN PUNISHMENT FOR BISHOP BRANSFIELD
1. Prohibited from residing in diocese
2. Prohibited from presiding or participating in any public Liturgy anywhere.
3. An obligation to make amends for some of the harm done in consultation with the next Bishop of Wheeling-Charleston.


ARCHBISHOP PICKS AUDITOR TO REVIEW DIOCESE FINANCES


A Catholic lay group has suspended its campaign to withhold donations to the Diocese of Wheeling-Charleston after the archbishop Wednesday announced a new independent auditor has been appointed, with among its first priorities being a “thorough audit of all diocese accounts.”