The American Traditional Catholic Church

Cor ad cor loquitor

MANDATED REPORTER POLICY

The Church does not tolerate nor condone the abuse of any child, dependent adult or elder adult. The grave responsibility for their protection, safety and welfare as members of the community in which the Church serves shall be the first priority of all clergy, religious, paid staff and volunteer staff. At no time shall the Church attempt to conceal records or information or obstruct any agency in the course of an investigation of an allegation of abuse and/or neglect nor shall the Church attempt to investigate any allegation of abuse or neglect until such time as the appropriate secular/civil agency having jurisdiction has completed their investigation. All clergy, religious, paid staff and volunteer staff are Mandated Reporters. At any time that it is suspected that a child, dependent adult or elder is being abused, the individual having this information shall contact the appropriate agency having protective services jurisdiction (e.g. Department of Human Services, Child Protective Services, Adult Protective Services, etc.) All members of the Church have a responsibility to report abuse and/or neglect regardless of who the alleged perpetrator of the abuse or neglect is. Failure to do so will result in convening of an Episcopal Tribunal AND report by the Church to the appropriate agency and Prosecutor having jurisdiction. Abuse and neglect are defined as any action which causes physical, emotional or mental injury to a child, a dependent adult or an elderly person which substantially compromises that individual’s quality of life, safety and well-being.

 

Procedure

 

When abuse is suspected, the individual suspecting the abuse shall contact the agency in their county having jurisdiction within 24 hours of becoming aware of the situation and filing a report. There are NO exceptions to this procedure and shall occur before any other procedure is addressed.

If the alleged abuse is by an individual other than the Pastor of the parish, AFTER the report has been filed with the appropriate agency, the individual shall contact the Pastor discretely and inform him that a report has been filed.

 

If the allegation involves a member of the clergy (other than the pastor or senior cleric), Religious, paid staff or volunteer, the individual who is alleged to have committed the abuse shall IMMEDIATELY be placed on administrative leave and shall NOT be allowed to function in their capacity until such time as the agency having jurisdiction has completed their investigation and determines IN WRITING that the incident did not occur.

 

If the allegation involves the Pastor of the parish, the individual filing the report with the agency having jurisdiction shall immediately contact the Ordinary of the Diocese and inform him that a report has been made and the reasons. THIS IS TO BE DONE WITHIN 24 HOURS OF THE INCIDENT WITH NO EXCEPTIONS.

 

If the allegation concerns a member of the Governing Board of the Church, e.g. the Presiding Bishop, he (the Presiding Bishop) shall immediately be placed on Administrative Leave and the Apostolic Vicar shall assume guardianship of the Church until the investigation has been completed by the agency having jurisdiction and the allegation is deemed unsubstantiated.

 

The Church will not take any action that might pose an obstacle or obstruction to the course of justice and investigation by any secular agency having jurisdiction in matters of abuse or neglect investigation and shall cooperate in all facets as needed by the agency having jurisdiction.

 

Post-Reporting Procedures

 

Once the report has been made (WITHIN 24 HOURS OF THE INCIDENT), the parish and/or the Ordinary shall contact the agency having jurisdiction. The agency shall be assured by the Pastor or Presiding Bishop as applicable, of the full cooperation of the Church in any and all investigations and shall give the investigating agency access to the alleged perpetrator’s personnel file.

 

To the best of the Church’s ability, the alleged perpetrator shall have no access to any individual who may be at risk for abuse or neglect.

 

The Church/Parish shall have all personnel records IN THEIR ENTIRETY ready for review by the investigator. Nothing shall be added or removed from the file and the file shall be maintained in a safe and secure location until the investigation is completed and the file can be returned to the appropriate location.

 

The Church/Parish shall NOT initiate any investigation of the allegation until AFTER the agency having jurisdiction has completed their investigation and advised of the outcome.

 

Post-Investigation Process

 

In the event an allegation is substantiated or indicated, the Church will defer to the law enforcement agency having jurisdiction for any criminal action and shall cooperate to the fullest extent with the law enforcement agency and court having jurisdiction. Simultaneously, the Ordinary shall convene an Episcopal Tribunal consisting of no less than 3 Bishops and commence an ecclesiastical trial for the purpose of Excommunication and Anathemization of the perpetrator of abuse. The Church neither condones nor tolerates the abuse of any child, dependent adult or elder adult.

 

Within the jurisdiction of the Episcopal Tribunal, the evidence shall be presented and reviewed by the Adjudicating Bishops. A substantiated or indicated act of abuse or neglect carries the penalty of immediate Ecclesiastical Prosecution. The penalty shall be Excommunication and Anathemization, Defrockment and expulsion from the Church. There shall be no exception. The perpetrator shall bear all costs for secular defense of their case and the Church shall NOT assist in the defense nor participate in any action in favor of the perpetrator.

 

In the event an allegation is unsubstantiated or not indicated, the matter shall be brought before the Ordinary and Apostolic Vicar for review. The individual shall be scrutinized and all events shall be reviewed that lead up to an allegation to determine what issues occurred that resulted in an allegation and what steps need to be taken to address the issue. The individual shall remain on Administrative leave until the Episcopal Review has been completed. The Episcopal Review shall also discretely and confidentially discuss the investigative process with the alleged victim and obtain a statement from them when feasible. If the alleged victim is a minor, the child’s parents or legal guardian shall be present; The minor shall be protected from any further trauma by insuring the child’s parent(s) or legal guardian or duly appointed adult relative is present. At no time will a minor be asked to participate in any investigatory process of the Church without the consent and presence of the minor’s guardian.

 

The alleged perpetrator shall be allowed to resume their duties only after the Episcopal Review has been completed and any and all recommendations rendered by the Review are satisfied.