Essential Norms for
Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of
Minors by Priests or Deacons: Text of June 14, 2002 as Revised by the
Mixed Commission on October 29, 2002
This study text was created by Terence McKiernan
from the Comparative Text posted by the USCCB at http://www.usccb.org/comm/compare.htm.,
and was converted to HTML by VOTF, which posted it originally at http://www.votf.org/norms.html. |
KEY
·
When the text of the 6/14 Norms has not
been changed, it appears in black – like this.
·
When words in the 6/14 Norms have been
deleted by the mixed commission, they are crossed out in red – like
this.
·
Additions made by the mixed commission are
in purple– like
this.
Preamble
On June 14, 2002, the United
States Conference of Catholic Bishops approved a Charter for the Protection of Children
and Young People. The charter addresses the Church’s commitment to
deal appropriately and effectively with cases of sexual abuse of minors by
priests, deacons, and other church personnel (i.e., employees and
volunteers). The bishops of the United States have promised to reach out
to those who have been sexually abused as minors by anyone serving the
Church in ministry, employment, or a volunteer position, whether the
sexual abuse was recent or occurred many years ago. They stated that they
would be as open as possible with the people in parishes and communities
about instances of sexual abuse of minors, with respect always for the
privacy and the reputation of the individuals involved. They have
committed themselves to the pastoral and spiritual care and emotional
well-being of those who have been sexually abused and of their
families.
In addition, the bishops will work with parents, civil
authorities, educators, and various organizations in the community to make
and maintain the safest environment for minors. In the same way, the
bishops have pledged to evaluate the background of seminary applicants as
well as all church personnel, who have responsibility for the
care and supervision of children and young people.
Therefore, to
ensure that each diocese/eparchy in the United States of America will have
procedures in place to respond promptly to all allegations of sexual abuse
of minors, the United States Conference of Catholic Bishops decrees these
norms for diocesan/eparchial policies dealing with allegations of sexual
abuse of minors by diocesan and
religious priests or, deacons, or
other church personnel.1 These norms are complementary to the universal law of the
Church, which has traditionally considered the sexual abuse of minors a
grave delict and punishes the offender with penalties, not excluding
dismissal from the clerical state if the case so
warrants.
Sexual abuse of a minor includes sexual
molestation or sexual exploitation of a minor and other behavior by which
an adult uses a minor as an object of sexual gratification. Sexual abuse
has been defined by different civil authorities in various ways, and these
norms do not adopt any particular definition provided in civil law.
Rather, the transgressions in question relate to obligations arising from
divine commands regarding human sexual interaction as conveyed to us by
the sixth commandment of the Decalogue. Thus, the norm to be considered in
assessing an allegation of sexual abuse of a minor is whether conduct or
interaction with a minor qualifies as an external, objectively grave
violation of the sixth Commandment (Canonical Delicts Involving Sexual
Misconduct and Dismissal from the Clerical State, USCC, 1995, p. 6). A
canonical offence against the sixth commandment of the Decalogue (c. 1395,
§2) need not be a complete act of intercourse. Nor, to be objectively
grave, does an act need to involve force, physical contact, or a
discernible harmful outcome. Moreover, “imputability [moral responsibility] for a
canonical offense is presumed upon external violation…unless it is
otherwise apparent.” (c. 1321, §3). Cf. cc
1322-27.2 |
NORM 1 Having received the recognitio of the Apostolic See on
______, 2002, and having been legitimately promulgated in accordance with
the practice of this Episcopal Conference on _____,
2002, Tthese norms, after approval by the
Apostolic See, constitute particular law for all the
dioceses/eparchies of the United States of America. Two years after recognitio has been received,
these norms will be evaluated by the plenary assembly of
the United States Conference of Catholic Bishops. |
NORM 2 Each diocese/eparchy will have a
written policy on the sexual abuse of minors by priests and, deacons,
or as well as by other Cchurch personnel.
This policy is to comply fully with, and is to
specify in more detail, the steps to be taken in implementing the
requirements of canon law, particularly canons
1717-1719. A copy of
this policy will be filed with the United States Conference of Catholic
Bishops within three months of the effective date of these norms. Copies
of any eventual revisions of the written diocesan/eparchial policy are
also to be filed with the United States Conference of Catholic Bishops
within three months of such modifications. |
NORM 3 Each diocese/eparchy will
designate a competent assistance
person
to coordinateor to aid
in assistance for
the immediate pastoral care of persons who claim to have been
sexually abused when they were minors by priests
or, deacons, or other church
personnel. |
NORM 4 To assist the
diocesan/eparchial bishops in his work,
each diocese/eparchy will also
have a review board whose which will functions as a
confidential consultative body to the bishop/eparch in discharging his
responsibilities. The functions of this board may include: A. advising the diocesan bishop/eparch in his
The assessment of allegations of
sexual abuse of minors and in his determination of
suitability for ministry by priests, deacons, and
other church personnel in order to advise the diocesan/eparchial bishop on
whether or not the allegations appear to be credible; the assessment will
be communicated to the victim and accused; the board can act both
retrospectively and prospectively on these matters[“retrospective and prospective” clause moved to Norm
4C]; B. The
reviewing
of
the diocesan/eparchial policies y and procedures
for dealing with these allegations at least
every two years in order to recommend to the diocesan/eparchial bishop any
modifications, if appropriatesexual
abuse of minors; and
C. offering advice on all aspects of these cases,
whether retrospectively or prospectively.
The recommendation concerning fitness for
ministry in particular cases[“fitness for ministry” is now covered in Norm
4A]. |
NORM 5 The review board, established by
the diocesan/eparchial bishop, will be composed of at least five persons
of outstanding integrity and good judgment in
full communion with the Church. The majority of the review board members will be
lay persons who are not in the employ of the diocese/eparchy; but at least
one member should be a priest who is an experienced and
respected pastor of the diocese/eparchy in question,
and at least one member should have particular expertise in the treatment
of the sexual abuse of minors. The members will be appointed for a term of
five years, which can be renewed. It is
desirable that the Promoter of Justice participate in the meetings of the
review board. |
NORM
6
Each province will establish an appellate review board, to be
composed of at least five persons of outstanding integrity and good
judgment. The majority of the members will be lay persons; but at least
one member should be a bishop, and at least one member should be a canon
lawyer. The appellate review board's function will be to offer—upon
request by the bishop, the alleged victim, or the accused—its advice to
the diocesan/eparchial bishop on the case (cf. norm 4A). The request must
be made within fifteen (15) days after the alleged victim or the accused
has been notified of the assessment of the initial review board. Within
sixty (60) days of its receiving the request, the appellate review board's
advice will be communicated to those involved.
|
NORM 67 When an credible
allegation of sexual abuse of a minor by a priest ors,
deacons, or other church personnel
is received, a
preliminary made, the alleged offender
will be relieved of any ecclesiastical ministry or function. An
investigation in harmony with canon law will be initiated and conducted promptly and
objectively (c. 1717). All appropriate steps shall be taken to protect the
reputation of the accused during the
investigation. promptly
commence. The accused will be encouraged to retain the
assistance of civil and canonical counsel and will be promptly notified of
the preliminary findingsresults of the investigation. When there is sufficient evidence that sexual abuse of a
minor has occurred, the Congregation of the Doctrine of the Faith shall be
notified. The bishop/eparch shall then apply the precautionary measures
mentioned in canon 1722—i.e., remove the accused from the sacred ministry
or from any ecclesiastical office or function, impose or prohibit
residence in a given place or territory, and prohibit public participation
in the Most Holy Eucharist pending the outcome of the
process. |
NORM 78 The alleged offender may be requested to seek,
and may be urged voluntarily to comply with, an If the credible allegation
of sexual abuse of a minor involves a priest or deacon, the
ordinary/hierarch will ask him to undergo appropriate medical
and psychological evaluation at a facility mutually
acceptable to the diocese/eparchy and to the accused.
and intervention, if
possible. |
NORM 89 When
even a single act of Where sexual
abuse by a priest or deacon is admitted or is established after an
appropriate investigation process in accord with canon law, the
offending priest or deacon
will be removed permanently from ecclesiastical ministry, not excluding
dismissal from the clerical state, if the case so warrants. (c. 1395,
2).3
following will pertain:
A.
Diocesan/eparchial policy will provide that for even a single act of
sexual abuse of a minor—past, present, or future—the offending priest or
deacon will be permanently removed from ministry. [“Single act” and “permanently removed” are dealt with in the
intro to Norm 9. “Past, present, or future” is not dealt with
elsewhere.] AB. In every case involving canonical penalties, the
processes provided for in canon law must be observed, and the various
provisions of canon law must be considered (cf. Canonical Delicts Involving Sexual
Misconduct and Dismissal from the Clerical State, 1995; Letter from
the Congregation for the Doctrine of the Faith, May 18, 2001). Unless the Congregation for the Doctrine of the Faith,
having been notified, calls the case to itself because of special
circumstances, it will direct the diocesan bishop/eparch to proceed.
(Article 13, “Procedural Norms” for Motu
proprio Sacramentorum sanctitatis tutela, AAS, 93, 2001, p. 787). If
the case would otherwise be barred by prescription, because sexual abuse
of a minor is a grave offense, the bishop/eparch shall apply to the
Congregation for the Doctrine of the Faith for a derogation from the
prescription, while indicating appropriate pastoral
reasons. These provisions may
include a request by the priest or deacon for dispensation from the
obligations of holy orders and the loss of the clerical state, or a
request by his diocesan/eparchial bishop for dismissal from the clerical
state even without the consent of the priests or deacons.
[This deleted
sentence appears in revised form as the new Norm 10.]
For the sake of due process, the accused is to be encouraged
to retain the assistance of civil and canonical counsel. When necessary,
the diocese/eparchy will supply canonical counsel to a priest. The provisions of canon 1722 shall be implemented during the
pendency of the penal process, in accord with Article 15 of this motu
proprio. BC. If the
penalty of dismissal from the clerical state has not been applied (e.g.,
for reasons of advanced age or infirmity), the offender is
ought to
lead a life of prayer and penance. He will not be permitted to celebrate
Mass publicly or to administer the
sacraments. He is to be instructed not, to wear
clerical garb, or to present himself publicly as a priest. |
NORM 9
At all times, the diocesan
bishop/eparch has the executive power of governance, through an
administrative act, to remove an offending cleric from office, to remove
or restrict his faculties, and to limit his exercise of priestly
ministry.4 Because
sexual abuse of a minor is a crime in all jurisdictions in the United
States, for the sake of the common good and observing the provisions of
canon law, the diocesan bishop/eparch shall exercise this power of
governance to ensure that any priest who has committed even one act of
sexual abuse of a minor as described above shall not continue in active
ministry.5 |
NORM
10 These provisions may include a request by
tThe priest or deacon may at any time request a for
dispensation from the obligations of holy orders and the loss
of the clerical state. , or a
request by his diocesan In
exceptional cases, the bishop/eparchial
bishop may request of the Holy
Father the for dismissal
of the priest or
deacon from the clerical state ex
officio, even without
the consent of the priests or deacons. [This text used to be part of the old Norm 9B, and was
revised to become this new Norm 10.] |
NORM 1110 The diocese/eparchy will comply with all applicable civil laws with respect to
the reporting
of to
the public authorities any allegations (unless canonically
privileged) of sexual abuse of
a
person who is currently a minors to
civil authorities and will
cooperate in their investigation.
It will cooperate with
public authorities about reporting in cases when the person alleged to
have been abused is no longer a minor.
In every
instance, the diocese/eparchy will advise and support a person’s right to
make a report to public authorities.6 |
NORM 121 No priest or deacon who has committed an act of
sexual abuse of a minor may be transferred for ministerial assignment to
another diocese/eparchy or religious province. Before a priest or
deacon can be transferred for
residence is proposed
to another diocese/eparchy or
religious province, his bishop/eparch or religious ordinary shall
forward in a confidential manner to the local bishop/eparch and religious
ordinary (if applicable) of the proposed place of residence any and all
information concerning any act of sexual abuse of a minor and any other
information indicating that he has been or may for assignment, transfer,
or residence, if there is anything in his background to indicate that he
would be a danger to children or young people.
, an accurate and complete description of the
priest's or deacon's record will be forwarded by his ordinary/hierarch to
the local ordinary/hierarch of his new residence. This holds
shall apply
even if the priest or deacon will only reside
in the local community of an institute of consecrated life or society of
apostolic life (or, in the Eastern Churches, as a monk or other religious,
in a society of common life according to the manner of religious, in a
secular institute, or in another form of consecrated life or society of
apostolic life). Every bishop/eparch or
religious ordinary who receives a priest or deacon from outside his
jurisdiction will obtain the necessary information regarding any past act
of sexual abuse of a minor by the priest or deacon in
question. |
NORM 132 Care will always be taken to
protect the rights of all parties involved, particularly those of the
person claiming to have been sexually abused and the person against whom
the charge has been made. When the an accusation has proved to be
unfounded, every step possible will be taken to restore the good name of
the person falsely accused. |
NORM
13
These norms will become particular law after recognitio is received from the
Holy See.
|
1 In applying these Norms
to religious priests and deacons, the term “religious ordinary” shall
be substituted for the term “bishop/eparch” mutatis mutandis.
|
2 If there is any doubt
whether a specific act qualifies as an external, objectively grave
violation, the writings of recognized moral theologians should be
consulted and the opinions of recognized experts should be appropriately
obtained (Canonical Delicts, p. 6). Ultimately, it is the responsibility
of the diocesan bishop/eparch, with the advice of a qualified review
board, to determine the gravity of the alleged
act. |
3 Removal from ministry is
required whether or not the cleric is diagnosed by qualified experts as a
pedophile or as suffering from a related sexual disorder which requires
professional treatment. |
4 See canons 35-58, 149,
157, 187-189, 192-195, 277 § 3, 381, 383, 391, 1348,
1740-1747. |
5 The diocesan bishop/eparch may exercise his
executive power of governance to take one or more of the following
administrative actions: (cc. 381,
129ff):
a.
He may request that the
accused freely resign from any currently held ecclesiastical office (cc.
187-189).
b.
Should the accused decline
to resign and should the diocesan bishop/eparch judge the accused to be
truly not suitable (c. 149, §1) at this time for holding an office
previously freely conferred (c. 157), then he may remove that person from
office observing the required canonical procedures (cc. 192-195,
1740-1747).
c.
For a cleric who holds no
office in the diocese/eparchy, any previously delegated faculties may be
administratively removed (c. 391, §1 and 142, §1), while any de lege
faculties may be removed or restricted by the competent authority as
provided in law (e.g., c. 764).
d.
The diocesan bishop/eparch
may also judge that circumstances surrounding a particular case constitute
the just and reasonable cause for a priest to celebrate the Eucharist with
no member of the faithful present (c. 906), and he may strongly urge the
priest not to do so and not to administer the sacraments for the good of
the Church and for his own good.
e.
Depending on the gravity
of the case, the diocesan bishop/eparch may also dispense (cc.85-88) the
cleric from the obligation of wearing clerical attire (c. 284) and may
urge that he not do so for the good of the Church and for his own
good.
These administrative actions shall be taken in
writing and by means of decrees (cc. 47-58) so that the cleric affected is
afforded the opportunity of recourse against them in accord with canon law
(cc. 1734 ff). |
6 The
necessary observance of the canonical norms internal to the Church is not
intended in any way to hinder the course of any civil action that may be
operative. At the same time, the Church reaffirms her right to enact
legislation binding on all her members concerning the ecclesiastical
dimensions of the delict of sexual abuse of
minors. |
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