MANDATORY REPORTERS OF CHILD ABUSE

by YoursChelbie 13 Replies latest watchtower child-abuse

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  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
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  dungbeetle

  <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>

  Therefore, California has on the surface a clergy reporting law but it is so full of loopholes, that's why Erica Rodriguez' molestation didn't get reported to authorites (she was living in California at the time) by the elders.

  Interestingly enough, Erica went to a JW who worked for the police department and told him of what happeend to her. He then went to the elders and said "I hve to report this within 24 hours, it is the law, this means my job". The elders asked him to wait and he did not. He made the report, in compliance with state law, and he was subsequently disfellowshiped.

  I spoke with this kind and gentle young man and his lovely wife in Ritzville last year. Another loss to the Watchtower and our gain!!
• 

  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.
• 

  YoursChelbie

  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.