The intent of these guidelines is to protect the welfare of children. These guidelines were created in response to the child sexual abuse crisis within the Catholic Church in the United States in 2002. They are built upon the articles in the National Charter for the Protection of Children and Young People, Revised. (U.S. Bishops, November 28, 2002)

In every case, 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; cf. Letter from the Congregation for the Doctrine of the Faith, May 18, 2001).

For purposes of this document, the definition of "sexual abuse" is that found in the "Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, Revised (U.S. Bishops, November 28, 2002). "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." If laws of the State of Alabama come in conflict with this definition, state laws will prevail.

Alabama State code expressly lists those persons or entities which are required by law to report all known or suspected cases of child abuse: "…all hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, nurses, school teachers and officials, peace officers, law enforcement officials, pharmacists, social workers, day care workers or employees, mental health professionals, or any other person called upon to render aid and or medical assistance to any child…[a person under 18 years of age]." (26-14-3, Code of Alabama)

Any person named above who fails to report knowledge of suspected abuse [of a person under 18 years of age]." is subject to prosecution and fines as set forth in Alabama Code. (26-14-13, Code of Alabama)

Individuals (even those who are not required by law) who do report abuse in good faith are protected from any liability regarding that report by Alabama Code. The Code of Alabama, 26-14-3, was amended by an act of the state legislature, 2003-272, effective September 1, 2003, to add ‘members of the clergy’ to the list of mandatory reporters of suspected child abuse or neglect.

The Diocese will comply with all civil requirements for reporting suspected child abuse. All clergy, employees and volunteers — even those not mandated by state law — must report knowledge or suspicion that a child is or has been the victim of abuse to child protection or law enforcement authorities.

The only exception to this policy will be disclosures made to a priest during the sacrament of reconciliation. However, any priest who hears the confession of someone who has abused or is abusing children or someone who is an adult survivor of childhood abuse should urge the penitent to report the abuse to the proper civil and Church authorities. If, during a sacramental confession, a child discloses he or she has been sexually abused, the priest will encourage the child to report to another adult who can render aid.

1. Any clergy, employee, volunteer or other agent of the Church or religious institution shall report to appropriate state, local and Church officials as soon as possible, preferably within 72 hours, if he or she:

1. Has actual knowledge that a child is the victim of abuse.
2. Has reasonable cause to suspect that a child has been abused. "Reasonable cause" means a reason that would motivate a person of ordinary intelligence under the circumstances to believe, based on observations or conversations that a child has been or is being abused.
3. Receives a complaint from an adult (age 18 and older) who claims to have been the victim of child sexual abuse. In this case, the person receiving the complaint should encourage and assist the complainant to make a report to the appropriate authorities.

1.2 The person who has knowledge of suspected abuse must report to the following appropriate authorities:

1. If the child harmed by sexual abuse is under the age of 18, the informant should report to the law enforcement agency that has jurisdiction in the location where the abuse is suspected to have occurred and to the Department of Human Resources in the county where the child resides.
2. If the person is an adult who was abused as a child, the appropriate authority is the District Attorney of the jurisdiction where the alleged abuse occurred.

In addition to civil reporting, any clergy, employee, volunteer or other agent of the church who has knowledge of suspected child abuse by clergy, employees or volunteers must report to the Office of the Bishop for the Diocese of Birmingham in Alabama, who will in turn report to the Diocesan Review Board. If additional information or assistance is needed before reporting suspected abuse to appropriate civil authorities, an individual may seek the counsel of the Bishop who may consult with the Diocesan Review Board, the Vicar for Clergy and the Diocesan Attorney.

1.3 Reporting to Church officials, supervisors or the Diocesan Review Board does not relieve any individual of the obligation to report suspected child abuse to civil authorities.

1.4 Upon receipt of an allegation of child sexual abuse of a child by its clergy, employees or volunteers, or a child’s disclosure to clergy, employees or volunteers, the Diocese will:

1. Refer the matter to civil authorities as soon as possible, no later than 72 hours.
2. Begin an internal assessment of the allegation in accordance with Canon law.

2.1 The Diocese has established an independent Diocesan Review Board. The majority of the members are lay persons not in the employment of the Diocese.

The Diocesan Review Board shall examine and make recommendations to the office of the Bishop of the Diocese of Birmingham in Alabama regarding:

1. Allegations of sexual abuse of a child.
2. Actions to be taken in response to allegations.
3. Adoption and revision of guidelines and procedures to be followed in reviewing allegations of sexual abuse of a child.
4. The rehire or reassignment of persons subject to allegations of sexual abuse of a child.

2.2 Because of the need for a trained professional inquiry, no Diocesan clergy, employee or volunteer will interview children about allegations. The Diocese will cooperate fully with civil authorities, investigating any allegation(s) of sexual abuse of a child.

2.3 Initial actions taken by the Diocese when an allegation is made shall not necessarily be construed as an expression of judgment concerning the validity of the complaint or the credibility of the complainant. Actions are always intended to indicate the serious nature of such cases and to respect the rights of all concerned.

2.4 Retaliation or discrimination against a person who reports allegations of child sexual abuse is prohibited. If any person is experiencing such treatment, he or she should report to the Director of Personnel for the Diocese of Birmingham in Alabama.

2.5 Anonymous allegations of sexual abuse of a child will be assessed to the extent possible by the Bishop or his designee. All allegation(s), including anonymous allegations, will be reviewed by the Diocesan Review Board and if substantive enough to be recorded, the accused will be notified by the Bishop.

2.6 The Diocese cannot bind any complainant to a condition of confidentiality or nondisclosure of the complaint as part of an agreement to provide services, support, treatment or in settlement of financial claims.

2.7 An acquittal in a criminal proceeding, a decision not to prosecute, or a lack of an indicated determination by Department of Human Resources will not per se terminate the responsibility of the Diocese to conduct an appropriate internal assessment and to take actions to protect the safety of children in response to specific allegations.

3.1 When the complaint appears to need further assessment, the Bishop or his designee and a pastoral advocate (a clergy or staff member designated by the Bishop to provide pastoral support to the accused) will meet with the accused as soon as possible after notice of a complaint. Prior to the meeting, the accused should be informed of the complaint, so he can exercise the right to have an attorney present if he chooses to do so. At this meeting, the Bishop will advise the accused of the nature of the allegations against him and, if appropriate, his rights and responsibilities according to Canon law.

3.2 The pastoral advocate’s role is to listen to the discussion in order to provide pastoral counseling to the cleric, employee or volunteer as the situation evolves.

3.3 The Bishop or his designee will inform the cleric, employee or volunteer that he is on administrative leave or may not volunteer. The Bishop or designee will inform him or her of the specific constraints imposed. Administrative leave or suspension of volunteer service is intended to protect the faith community from further disruption and to protect the accused during the investigative process.

3.4 The Bishop or his designee will advise the accused to have no contact whatsoever, specifically with the alleged victim, any family members of the victim, the complainant, any possible witnesses or with any child alone. Actions are always intended to indicate the serious nature of such cases and to respect the rights of all concerned.

3.5 After an allegation is made, neither the Bishop nor any priest involved in the investigation or assessment should hear the sacramental confession of the accused person, nor those of potential witnesses, confidants, or others who may have relevant information regarding the allegations or the accused.

3.6 The Bishop will assign a support person, or persons, to assist any clergy, employee or volunteer who is placed on administrative leave with pastoral support as needed.

3.7 The Bishop or his designee may refer accused clergy, employee or volunteer for assessment, evaluation, counseling and/or treatment. The cleric, employee or volunteer will complete appropriate releases of information to allow the Bishop to receive appropriate reports from the treatment professionals.

3.8 Throughout the assessment period, the Bishop or his designee shall monitor compliance with all restrictions on the accused’s ministry and other limitations imposed on the accused by the Bishop or his designee.

4.1 Response in the case of the clergy: the Diocese will follow the procedure found in Article 5 of the "National Charter for the Protection of Children and Young People" in its response to confirmed (through civil authorities or through a diocesan assessment) or admitted child sexual abuse.

"Where child sexual abuse by a priest or a deacon is admitted or is established after an appropriate investigation in accord with Canon law, the following will pertain:

• Diocesan policy will provide that for even a single act of sexual abuse of a child past, present or future, the offending priest or deacon will be permanently removed from ministry. In keeping with the stated purpose of the National Charter for the Protection of Children and Young People, an offending priest or deacon will be offered professional assistance for his own healing and well-being, as well as for the purpose of prevention.
• In every case, 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; cf. Letter from the Congregation for the Doctrine of the Faith, May 18, 2001). These provisions may include a request by the priest or deacon for dispensation from the obligation of holy orders and the loss of the clerical state, or a request by the Bishop for dismissal from the clerical state even without the consent of the priest or deacon. For the sake of due process, the accused is to be encouraged to retain the assistance of civil and Canonical counsel.
• If the penalty of dismissal from the clerical state has not been ordered (e.g., for reasons of advanced age or infirmity), the offender is to lead a life of prayer and penance. He will not be permitted to celebrate Mass publicly, to wear clerical garb or to present himself publicly as a priest.
• A deacon who does not incur the penalty of dismissal from the clerical state is to be instructed of the need to lead a life of prayer and penance. He will not be permitted to exercise any ministry, wear the liturgical attire proper to the deacon or to identify himself in public in any way as a deacon".

2. Response in the Case of Employee or Volunteer: The employee or volunteer’s service will be terminated and properly recorded.

5.1 False Allegations

1. In addition to the duties set forth in Section 2, the Diocesan Review Board shall assist with decisions regarding proper reinstatement of clergy, employee or volunteer suspended from ministry, employment or volunteer duties during an investigation that concludes that the allegations were false. The Board shall:

1. Have access to all information in the possession of the Diocese or with religious orders, including the reports of the pastoral advocate for the accused clergy, employee or volunteer, provided that all necessary releases have been secured.
2. Review and make recommendations regarding the successful return to ministry of any cleric, employee or volunteer whose ministry was restricted due to false accusations of misconduct.
3. Review and make recommendations regarding the continuation of the falsely accused in pastoral ministry, counseling or other support services.
4. Review and make recommendations regarding the return to ministry of any cleric, employee or volunteer whose ministry was restricted due to unresolved accusations of sexual misconduct.

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2. The Diocese recognizes that the trauma of being falsely accused can do irreparable harm to the cleric, employee or volunteer’s ability to be effective in ministry. However, no cleric, employee or volunteer falsely accused of child sexual abuse should suffer any adverse consequences or have his future ministry opportunities compromised as a result of a false accusation. Therefore, when making decisions about the status of clergy, employee or volunteer who are the subject of false allegations, the Bishop will consider the following factors:

   The grave injustice and injury done to a cleric, employee or volunteer who has been falsely accused.

   The need for counseling, statements of correction and affirmation to support those falsely accused.

   The need to seek the assistance of the Diocesan Review Board will be sought on how to repair the damage done to a cleric, employee or volunteer falsely accused.

3. An individual cleric, another staff person or others will be appointed by the Bishop to assist a falsely accused cleric, employee or volunteer returning to ministry. The individual shall provide pastoral support to ensure that the accused’s ability to minister effectively in the wake of false accusations is fully restored.
4. The wrongfully accused cleric, employee or volunteer has the option to publish notice of his vindication in the One Voice and/or other newspapers. The Bishop may also write a letter describing the circumstances in the One Voice and when appropriate, other publications.

5.2 Unresolved allegations

1. Unresolved allegations are difficult to deal with in a manner that protects the rights of all concerned. When it is determined that there is insufficient evidence to determine the veracity of the complaint, but concerns about possible abuse still remain, the Bishop will consider the following factors in making his decisions:

The results of the civil investigations and internal assessment.

The recommendation of the Diocesan Review Board.

The judgment, recommendation and advice of trained mental health professionals.

The spiritual, emotional and psychological well-being of the accused.

The well-being of the faith community and of all those ministered to by the Church or religious community/institute.

The concerns of complainants and their families.

6.1 The Diocese will:

1. Be respectful of all persons bringing a complaint.
2. Provide an advocate/advisor upon request.
3. Help those harmed by child sexual abuse committed by clergy, employee or volunteer to obtain counseling support from licensed, trained professionals.
4. Provide information about support groups.
5. Help all involved obtain spiritual direction.
6. Help bring concerns to the proper civil and Church officials.
7. Help bring complaints and concerns to Church officials outside the Diocese as appropriate.

2. Outreach and advocacy program to those harmed by clergy, employees or volunteers of the Diocese:

The Diocese shall establish an abuse specific referral program to serve those harmed by child sexual abuse committed by clergy, employee or volunteer. The program shall be staffed and managed by qualified professional lay staff with particular expertise in addressing the needs of persons harmed by child sexual abuse committed by persons representing the Diocese. The primary responsibility of the program is to identify and make referrals to serve the needs of those harmed by child sexual abuse committed persons representing the Diocese. The program shall provide a support structure for people harmed by sexual misconduct. That support structure includes:

1. A trained staff professional who:

1. Advocates on behalf of persons harmed by child sexual abuse by clergy.
2. Develops referral sources for comprehensive services to be provided to persons harmed by child sexual abuse by clergy.

3. Receives, reviews and administratively responds to complaints. Interviews for details of the complaint are conducted by an external specialized interviewer.

4. Trains, maintains and supervises other staff within the program.

1. A structure for identifying options to address the needs and concerns of those harmed by child sexual abuse by those representing the Diocese, making these options available to those who request services from the victim outreach and advocacy program.
2. Information distribution. The program will collaborate with other entities involved in the investigation and resolution of allegations of child sexual abuse to obtain literature for distribution to those harmed by child sexual abuse. The literature will include outlines of the civil and Church processes for responding to and investigating complaints.

6.3 The Diocese shall maintain a list of available competent trained professionals in the following disciplines as resources for complainants, faith communities and those accused of abuse:

a. Pastoral counseling

b. Counseling/therapy by a licensed professional

c. Medicine

d. Law

e. Spiritual direction

f. Victim support groups

g. Treatment facilities

Criteria for therapists and counselors in the referral list shall include:

1. Specialization or appropriate experience in treating child sexual abuse victims.

1. An appropriate professional license.
2. Access to supervision for client caseload.
3. An advanced practice degree, e.g., psychology, psychiatry, psychiatric nursing, social work.

6.4 Families and others affected by child sexual abuse committed by clergy, employees or volunteers require the same consideration, compassion, and sensitivity in the healing process as the person directly harmed by the child sexual abuse. Spouses, parents and other family members may request support services from the Diocese at any time during the healing process. Support for secondary victims may include:

1. Pastoral counseling.
2. Referral for mental health or psychosocial services.
3. An advocate to provide support through the process.
4. Other identified special needs — upon request.

6.5 Parishes, organizations and religious communities are also harmed when clergy, employees or volunteers abuse a child. The Diocese is guided by the following principles in its response to affected communities:

1. Faith communities and organizations undergo a complex process of grieving when they learn a trusted and respected leader or volunteer has been accused of child sexual abuse.
2. Communication may be limited by the concern for privacy of the children harmed and their family and the need to protect the rights of the accused, particularly when criminal charges are pending.
3. The healing of a parish, organization, or religious community is a multidisciplinary challenge requiring expertise from professionals from various fields.
4. An official voice of the Diocese must speak directly to the community.

The healing process for communities may include any or all of the following elements:

1. A meeting between Diocesan officials and the entire faith community.
2. An opportunity for those in the community to express their thoughts, opinions, feelings and fears in a confidential and safe environment.
3. An inquiry into the next steps in the community’s healing process.
4. Dealing with possible recriminations or retaliation against complainants and their families.

7.1 Educating clergy, employees and volunteers:

All clerics, employees and volunteers shall be required to attend training sessions coordinated through the diocese that include the following subjects:

1. Appropriate boundaries in ministry.
2. Nature of the problem of child sexual abuse .
3. Signs and symptoms of sexual abuse in children and youth.
4. Guidelines and procedures for prevention of child sexual abuse by clergy, employees or volunteers.
5. Guidelines and procedures for prevention of child sexual abuse on any Church-owned property and at Church-sponsored events and activities.
6. Guidelines and procedures for reporting allegations of child sexual abuse.
7. Types of disclosures by children and how to respond appropriately.

2. Special responsibilities for educating volunteers:

Administrators who oversee volunteers have the responsibility to require and assure that those volunteers receive appropriate training if they regularly work with or have direct contact with children.

3. Educating children

The goal of prevention education is to protect children. The Diocese shall strive to provide school-based and religious education curricula that teach children basic personal safety skills that help keep them safe from dangerous and/or abusive situations. The programs will cover:

1. Safety issues including rules about appropriate and inappropriate forms of physical contact and other interpersonal boundary violations.
2. Steps to take to deal with inappropriate contact.

8.1 All applicants to the priesthood and/or diaconate are required to participate in psychological screening and extensive background checks, including but not limited to criminal background checks and Department of Human Resources records checks, to assess their fitness for the ministry and their fitness to work with children.

8.2 The diocese shall screen all potential employees before extending an offer of employment, or for one volunteering for ministry. Such screening shall include:

1. A completed employment/volunteer application.
2. A personal interview with the applicant.
3. Reference checks, criminal background checks and Department of Human Resources records checks.

8.3 Clergy, applicants or potential volunteers who refuse to grant permission for the background checks and inquiries will not be considered for any position in the Diocese or its parishes, organizations or institutions.

8.4 On applications for employment, the Diocese will specifically include direct questions about:

• Any inappropriate physical and/or sexual contact with children.
• Any previous accusations or investigations concerning inappropriate physical or sexual contact with children.

8.5 No clergy, employee or volunteer known to have sexually abused a child at any time will be accepted for employment or ministry in the Diocese. The Diocese will immediately terminate the services of any individual if it discovers evidence of any previous child sexual abuse by the person.

9.1 The Bishop of the Diocese of Birmingham in Alabama is fully responsible for the appropriate implementation of these guidelines. The Diocesan Review Board will serve in an advisory capacity only to the Bishop of the Diocese of Birmingham in Alabama.

9.2 These policies will be reviewed every three (3) years by the Diocesan Review Board, with the approval of the Bishop.

9.3 Recommendations for revisions shall be presented to the Bishop.