WASHINGTON ST PASSES BILL MANDATING CLERGY REPORTING CHILD ABUSE
by blondie 12 Replies latest jw friends
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blondie
Senate Bill 5375, sponsored by Sen. Noel Frame, D-Seattle, passed the House 64-31 on Friday, April 11. It now heads to Gov. Bob Ferguson, who must sign it for it to become law.
The bill makes clergy members mandatory reporters of child abuse or neglect and does not include an exemption for information shared in a confessional.
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jhine
Good
Jan from Tam
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Earnest
The bill does seem to make an exception for "privileged communication".
The Final Bill Report says :
Privileged Communication. No one is required to report child abuse and neglect when the information is obtained solely as a result of a privileged communication that would not compel that person to testify as a witness in any action or proceeding. A member of the clergy, a Christian Science practitioner listed in the Christian Science Journal, or a priest shall not, without the consent of the person making the confession or sacred confidence, be examined as to any confession or sacred confidence made to him or her in their professional character, in the course of discipline enjoined by the church to which he or she belongs.
But then in the Summary it says :
Members of the clergy are mandated reporters of child abuse and neglect. Except for members of the clergy, no one shall be required to report child abuse or neglect when that information is obtained solely as a result of a privileged communication.
"Member of the clergy" means any regularly licensed, accredited, or ordained minister, priest, rabbi, imam, elder, or similarly situated religious or spiritual leader of any church, religious denomination, religious body, spiritual community, or sect, or person performing official duties that are recognized as the duties of a member of the clergy under the discipline, tenets, doctrine, or custom of the person's church, religious denomination, religious body, spiritual community, or sect, whether acting in an individual capacity or as an employee, agent, or official of any public or private organization or institution.
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Anony Mous
It seems to make an exception specifically that clergy do not have an exemption under privileged communications. Typically there are a few people that can claim that privilege: spouses, attorneys, medical doctors under certain conditions (eg psychiatric care) and clergy.
The point was always moot with WTBTS as they do not have a procedure for privileged communications. Because the way they are set up, elders have always been mandated reporters if they were doing any discussions in official capacity, in unofficial capacity an individual elder would not have clergy protections.
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Balaamsass2
The list of "mandated" reporters changes from state to state, and the definition of "confessionals" does as well.
Why Watchtower needs a law to FORCE them to do the right thing is what has always baffled me. Do you need a law to force you to call 911 if the neighbor is being beaten, robbed or raped? If their home is on fire? It simply shows the moral bankruptcy of Watchtower.
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TonusOH
It should be pointed out that nothing stops a person, clergy or otherwise, from advising victims to report such crimes. The authorities are not limited by the two witness rule and have much more robust forensic tools and investigative approaches than a layperson does.
And, of course, if the general attitude was to report such crimes instead of worrying about tarnishing the organization's image, you could also make it a clear policy that this should always be done. Then, it becomes less of an issue whether the clergy should prioritize privacy over the safety of children.
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Vidiot
It has been about keeping the Org’s reputation untarnished…
… but only insomuch as it placed their charity status (and subsequent tax-exemption) at risk.
More Importantly, it was about keeping the full scope of the problem from the rank-and-file.
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WingCommander
Good!
I agree with the above where someone asked, "Why does WT need a Law forcing them to do the right thing?"
Why indeed! Because in WT-Land, it's all about covering shit up and not bring reproach upon Jah's name...blah blah blah. AKA: not bring bad publicity upon themselves. However, they are so stupid as to not see that by NOT simply reporting these CRIMES, that they are making it all so much worse for themselves!
I'll never forget Sarah Brooks brother, Robert, stating to the journalist in an excerpt of the Oxygen special:
"It doesn't cost anything to do the right thing."
Indeed. WT HQ is now paying for doing the wrong thing. Death by 1000 lawsuits is fitting.
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blondie
As to the privileged communication, that is similar to the clergy-penitent practice of the Catholic church where there is a one-on-one with confessor and priest privately, no other one involved, no report to headquarters. The WTS has tried to say they qualify under this exception, except it is 3 elders that meet with the person, a file is kept by the body of elders in the congregation, and a report sent to headquarters. "Clergy-penitent privilege, also known as priest-penitent privilege, protects confidential communications between a member of the clergy and a penitent, preventing disclosure to third parties in legal proceedings. This privilege applies when the communication is made to a clergy member in their professional capacity as a spiritual advisor" On top of this the WTS has claimed they have no clergy class: 1951 "Christians maintain no Levitical priesthood. No “clergy class” exists among them" Switching to a legalistic approach in WT 1971 p. 507, the WTS starts using this distinction "Likewise among Jehovah’s witnesses today there is no paid clergy class