Catholic Culture Dedication
Catholic Culture Dedication

'Child Safety' Dragnet Draws in Millions

by Paul Likoudis

Descriptive Title

Child Safety Dragnet Draws in Millions

Description

In this article about the safe environment programs used in almost all Catholic dioceses in the United States, Paul Likoudis focuses his attention on the liability assumed by those obligated to report "suspicions" of child abuse and the financial benefits enjoyed by the participating dioceses.

Larger Work

Wanderer, The

Pages

8

Publisher & Date

Wanderer Printing Co., St. Paul, MN, August 18, 2005

According to the John Jay report on clerical sex abuse, commissioned by the U.S. bishops, over the past 52 years, 4,392 priests and deacons abused some 10,667 young people, mostly pre-adolescent males. This is a comparatively small number, really, compared to the 45 million boys and girls sexually abused in the nation's public schools during the 1990s, according to a 2004 study by the United States Department of Education, Educator Sexual Misconduct.

But whereas public schools have not suffered the daily abuse, humiliation, litigation, and financial expense the Catholic Church has, the largely blameless Catholic laity has nevertheless been caught in a huge dragnet, and any Catholic who serves in a paid or volunteer position in a parish or Church-related school has become, de facto, an involuntary reporter for the state.

According to the 2004 Annual Report on the Implementation of the Charter for the Protection of Children and Young People, issued by the United States Conference of Catholic Bishops and its Office of Child and Youth Protection:

— 1,424,773 adults and 3,139,441 children and young people received training in "safe environment" programs since the bishops mandated such programs at their 2002 Dallas meeting.

— Of 34,514 diocesan priests and 13,663 deacons required to take such "safe environment" programs, 28,936 priests, or 83.8%, and 11,243 deacons, or 82.3%, received training.

— Of the 6,092,215 children in Catholic schools, 3,139,441, or 51.5%, received "safe environment" training.

— Of 203,393 Catholic schoolteachers, 197,776, or 97.2%, received "safe environment" training.

— Of 203,343 Catholic Church employees subject to the charter, 167,749, or 82.5%, received "safe environment" training.

— Of 1,015,536 Church volunteers subject to the charter, 742,168, or 73.1%, received safe environment training.

— In addition, "at least" 276,901 parents "have been afforded safe environment training. However this number is actually much higher because many parents receive the training as part of their volunteer duties."

— Of the 34,874 diocesan priests subject to the charter, 92%, or 32,073 have had the mandatory "background checks."

— Also having submitted to "background checks" are 96.6% of teachers, and 85.5% of Church volunteers.

The country's Catholic bishops, the report also informs, have not yet been able to persuade the Conference of Major Superiors of Men, which includes religious orders that operate schools such as the Jesuits and the Christian Brothers, to submit to the requirements of the charter.

In short, some seven million Catholic young people and adults out of an estimated 20 million "practicing" Catholics have submitted themselves to the requirements of the charter.

The impact of the charter on parishes has been division among parishioners and, in some cases, dismemberment of Legions of Mary, dissolutions of church choirs, and destruction of religious education programs run by lay volunteers.

While The Wanderer has reported frequently over the past two years on various aspects of the "safe environment" programs imposed on the faithful, and the controversies programs have caused in the Archdiocese of Boston and the Diocese of Arlington, among others, there are other consequences of the charter that need to be explored, such as the new status of Catholics as virtual state informers, and the enormous financial burden imposed by mandatory "safe environment" programs.

With the charter the bishops approved in Dallas, all Catholics involved in Church work of any sort, where children are involved, are now in effect "state informers," as the Diocese of Providence's "Child Protection and Outreach Policy" — similar to every other diocese's — makes clear.

This legal statement declares: "In the enactment of this policy statement, the diocese has further reinforced its strong and longstanding commitment to utilize every means possible to protect the well-being of all children and young people involved in diocesan schools, parishes, and youth programs. Diocesan prevention efforts have been updated and expanded and a more comprehensive pastoral outreach response to those who have been violated and to their families has been established.

"Section 1: Definitions

"1.1 Child: Any person under the age of eighteen (18).

"1.2 Child Abuse: According to current Rhode Island state reporting laws, child abuse consists of any of the following:

"a. Sexual abuse includes any act of vaginal, anal, or oral intercourse; vaginal or anal penetrations; and other forms of inappropriate touching, exhibitionism for sexual gratification, or acts of sexual exploitation performed by an adult with a child.

"b. Physical abuse includes any types of physical assaults (such as striking, kicking, biting, throwing, burning, or poisoning) that caused, or could have caused, serious physical injury to the child.

"c. Emotional abuse involves any physical or emotional assaults (such as torture or close confinement) that caused or could have caused serious psychological injury to the child.

"d. Neglect involves a failure to provide the basic necessities (such as food, clothing, hygiene, and shelter) for a child, and / or a lack of appropriate care for a child including grossly inadequate parental supervision or ethical guidance, or grossly inadequate attention to the child's physical, medical, psychological, emotional, or educational needs . . .

"All diocesan personnel and volunteers must uphold Christian values and conduct. Clergy, staff, and volunteers need to be aware, at all times, of the responsibilities that accompany their pastoral involvement with children . . . Responsibility for adherence to these standards rests with the individual. Clergy, staff, or volunteers who fail to uphold these standards will be subject to corrective and / or disciplinary action depending on the specific nature and circumstances of the offense . . .

"The bishop of Providence is strongly committed to the prevention of child abuse and to identifying and reporting abuse promptly when it has occurred. Through the Office of Education and Compliance a program of education and training specifically focused on the prevention, recognition, and reporting of child abuse was initiated in 1993.Since this time, many diocesan personnel having regular contact with children have attended training seminars and workshops relating to the awareness and reporting of child abuse.

"The current educational program policy represents a continuation of this commitment while providing a more comprehensive and systematic approach to diocesan-wide education and training in the prevention, recognition, and reporting of child abuse. It mandates the participation of all diocesan personnel and volunteers who have regular contact with children in a program of child abuse prevention and reporting on an annual basis (emphasis added). It includes specialized educational initiatives focusing on the awareness of safety issues designed for all children attending diocesan schools and those who participate in other diocesan youth programs or activities.

"In addition, all parents of children in diocesan schools, youth programs, or other youth activities will be encouraged to participate in a parent education workshop to increase child abuse awareness and prevention . . .

"Rhode Island state law imposes an affirmative duty on all persons who have reasonable cause to know or suspect that abuse or neglect of a child has occurred to make a report of this, within 24 hours, to the Department of Children, Youth, and Families (R.I.G.L. 40-11-3). The report must be made in 'good faith,' i.e., any reasonable person, given the same information, would draw a conclusion that abuse or neglect may have occurred.

"Any person making a report in good faith has immunity from liability, civil or criminal, that might otherwise be incurred or imposed. A good faith reporter will have the same immunity with respect to participation in any judicial proceeding resulting from such a report (R.I.G.L. 40-11-4). Failure to report known or suspected child abuse or neglect is a violation of the law (R.I.G.L. 40-11-6-1).

"To report suspected child abuse or neglect, individuals will contact Child Protective Services (CPS) by calling the Child Abuse and Neglect Hotline Systems (CANTS) at 1-800-RI-CHILD to speak with a Child Protective Investigator. The Hotline may be accessed 24-hours a day, 7 days a week."

In layman's terms, if a Church worker or volunteer does not report "suspicions," or conditions that should have aroused his suspicions, he or she is liable to criminal prosecution. If he or she does report "suspicions," and the outraged accused parent sues him (or her) for defamation, the reporter must pay his or her own legal defense, and the jury decides whether the report was based on "good faith," after a civil trial.

Costs of defense in such civil proceedings can ranged anywhere from $50,000 to $250,000.

(Readers in the Diocese of Providence, and other dioceses, all of which have cookie-cutter copies of these legal requirements, should contact their diocesan safe environment office and request written assurance that the diocese will pay all defense costs for those who have followed the diocesan guidelines. Contact information for all dioceses and the safe environment personnel can be found on the USCCB's web site: www.usccb.org/ocyp.)

According to the United States Conference of Bishops' 2004 report, cited above, almost all dioceses have implemented "safe environment" programs such as Talking About Touching, Good Touch, Bad Touch, the Child Lures Prevention Program, and Virtus, the last created by the National Catholic Risk Retention Group, a Church self-insurance program funded by 62 dioceses.

The Lures program, created 20 years ago by New Jersey high school teacher Kenneth Wooden, a nationally recognized child abuse expert, is used in the following dioceses and archdioceses: Detroit, Saginaw, Camden, Las Vegas, San Antonio, Hartford, Washington, D.C., the Archeparchy of Philadelphia, Savannah, Brooklyn, Albany, Lexington, Ogdensburg, Fall River, Springfield, Bridgeport, Stamford, Portland (Maine), Allentown, El Paso, Gary, Rockford, New Ulm, Salina, Superior, Fargo, and Cheyenne.

Making Money

The Virtus program was created by the National Catholic Risk Retention Group, formed by the bishops of 62 dioceses in 1985 to provide insurance when other insurance providers were, among other reasons, becoming too expensive.

The shareholders of the NCRRG are the 62 dioceses and one outside insurance pool.

In a president's message to shareholders, Michael J. Bemi, president and CEO reported, on the profits the 501(c)(3) corporation is making:

"I am very pleased and grateful to report that National Catholic experienced an extremely successful operating year in 2004," he told shareholders. "This characterization is valid across all areas of company operations. Let me review these matters in turn. Financial results were excellent. The National Catholic Risk Retention Group, Inc., finished 2004 posting a $1,225,827 Operating Profit. Comprehensive Operating Income (which includes analysis of, and calculation for, unrealized investment gains / losses) was $2,748,375. Efforts to operate with maximal efficiency paid off, with General and Administrative Expenses being held to 5% less than the board approved budget for the year.

"Finally, year-end Assets of $81,840,094 and Shareholders' Equity (surplus) of $37,115,231, both established new records for National Catholic.

"While National Catholic's current financial strength is unparalleled in its almost 17-year operating history, we must simultaneously recognize that National Catholic's operations are extremely difficult to predict and are equally volatile, as a function of the very broad coverage, very high limits and excess liability position underwritten by TNCRRG. For example, it is a fact that reserves established for newly reported claims, coupled with increases on existent claim reserves, led National Catholic's 2004 operating profit to be diminished by almost $2,000,000, in literally the last two weeks of 2004!

"Nonetheless, our current reserves, reinsurance support, and total lack of debt leave National Catholic in a very stable financial condition. Our auditors, actuaries, accountants, and regulators all attest to the validity of this statement. We also augmented our reinsurance program at year end of 2004, with the addition of another highly rated and excellent reinsurer to our program.

"This additional financial backing lends further very positive support to TNCRRG's underwriting operations. National Catholic's 2004 marketing results were also excellent.

"We welcomed two new shareholders in 2004 — the Diocese of Erie on May 1 and the Diocese of Rockville Centre on September 1. We extend a very sincere and heartfelt welcome to both of our new shareholders!

"VIRTUSA results in 2004 were simply outstanding and can be reviewed in detail on page five of this report. National Catholic is far and away the undisputed leader in the provision of safe environment programs for the Church."

The VIRTUSA web site does not list the prices for its programs, which includes books, videos, and pamphlets for programs for training teachers, parents, "training trainers," students, etc. — its latest offering is a program to help parents talk to their children about the trauma of 9/11 — but it is likely they are competitive with the Lures, Talking About Touching, and other programs which run from $500 to $1,000 for a basic program, per class, with 3-for-$10.00 posters, $65.00 videos, and so on.

One common estimate is that the "average" cost to an "average" parish (without a school) is roughly $6,000 per year for a "safe environment" program. And since these programs, as well as the students, teachers, volunteers, priests, deacons, et al., must be updated each year, pretty soon you are talking about serious money.

Imagine if those financial and human resources were applied to teaching a basic catechism.

© Wanderer Printing Co.

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