Annual Report Implementation of the Charter for the Protection of Children and Young People March 2008
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2007 Annual Report Findings and Recommendations MARCH 2008 Report on the Implementation of the Office of Child and Youth Protection • National Review Board • United States Conference of Catholic Bishops Charter for the Protection of Children and Young People Contents Preface by Cardinal Francis George President, United States Conference of Catholic Bishops Letter from Judge Michael Merz Chair, National Review Board Letter from Ms. Teresa Kettelkamp Executive Director, Office of Child and Youth Protection Letter from Mr. William A. Gavin President, Gavin Group, Inc. Letter from Dr. Mary Bendyna, RSM Executive Director, Center for Applied Research in the Apostolate SECTION I CHAPTER 1—INTRODUCTION CHAPTER 2—METHODOLOGY CHAPTER 3—AUDIT FINDINGS SECTION II CHAPTER 4—2007 CARA SURVEY OF ALLEGATIONS AND COSTS: A SUMMARY REPORT CARA Questionnaire for Dioceses and Eparchies CARA Questionnaire for Religious Institutes SECTION III CHAPTER 5—STATUS OF THE 2006 RECOMMENDATIONS CHAPTER 6—2007 RECOMMENDATIONS APPENDICES APPENDIX A 2005 Charter for the Protection of Children and Young People Preface Cardinal Francis George, OMI President, United States Conference of Catholic Bishops Roman Catholic bishops and Eastern Rite eparchs have continued to work diligently to implement the Charter for the Protection of Children and Young People, a covenant they made in 2002 with their people, their priests, and the public at large. In the Charter, the bishops and eparchs committed themselves to introduce policies and procedures to ensure the protection of children and youth and to strengthen and improve their response to allegations of the sexual abuse of minors by clergy. Since adopting the Charter, the voices of victims of sexual abuse by clergy have been heard and local ordinaries have learned firsthand the lifelong impact and trauma of sexual abuse at the hands of trusted leaders of the faith community. Through meetings with victims of abuse, members of their families, and parish communities affected by allegations of abuse, bishops and eparchs have participated in the healing of individuals and communities. As part of the agreement to promote healing and reconciliation with victims/survivors of sexual abuse of minors, each diocese/eparchy has called on the services of respected members of the community to serve on diocesan review boards whose primary function is to be a confidential consultative body to the bishop/eparch. Chief among its duties is to advise the bishop on the suitability for ministry of a cleric against whom an allegation of sexual abuse of a minor had been made. In an effort to guarantee an effective response to allegations of sexual abuse of minors, reporting agreements with civil authorities are in place, and codes of conduct govern ministerial behavior of clerics, paid personnel, and volunteers into whose care children are committed. A major commitment of diocesan/eparchial resources, both personnel and revenue, was required to establish or improve existing safe environment programs. Selecting training programs consistent with Catholic moral teaching, setting up training sessions, and keeping records of training participants appeared daunting in 2002. In 2007, safe environment training has become part of how dioceses and eparchies protect children entrusted to our care. In a similar way, systems to evaluate the backgrounds of clergy, paid personnel, and volunteers who have unsupervised contact with minors are now part of the modus operandi of our dioceses and eparchies. The 2007 Report on the Implementation of the Charter for the Protection of Children and Young People details the accomplishments of 190 dioceses and eparchies and the challenges that remain. With the help of many diocesan and eparchial personnel who are passionate about protecting minors and restoring trust in the Church, the provisions of the Charter are being implemented. National Review Board for the Protection of Children and Young People 3211 Fourth Street NE • Washington DC 20017-1194 • 202-541-5413 • fax 202-541-5410 March 2008 Cardinal Francis George, OMI, President United States Conference of Catholic Bishops Your Eminence: Article 10 of the Charter for the Protection of Children and Young People provides that the National Review Board, among its other responsibilities, is to review the Annual Report of the Office of Child and Youth Protection. The Board has done so and recommends publication of the 2007 Annual Report as it is forwarded to you with this letter. As the Administrative Committee prescribed in 2006, the audit period for all dioceses and eparchies is now standardized on the customary July 1–June 30 fiscal year. During 2007 all dioceses and eparchies (except those who refused to participate) were audited for the period beginning with the various dates when their last audits ended and ending as of June 30, 2007. Thus the audits reported in this Annual Report are for varying lengths of time from twelve to twenty-two months. In 2006, the Board recommended auditing Charter compliance at the parish level. During 2007, this recommendation was implemented on a voluntary pilot basis in nine dioceses and one eparchy. We believe the results justify extending the parish-level auditing and we hope that bishops will agree with us. Examination of parish implementation by the auditors can provide bishops with important management information as they work to implement the Charter. The greatest challenges for compliance are posed by Article 12 on safe environment training. We believe the mobility of the population to be trained makes 100% compliance difficult, but note proudly that millions of American Catholics have received this training since 2002. In December 2007, the Board published an open letter to the American Catholic Faithful, which is reprinted in the Annual Report. Principally authored by Dr. Patricia O. Ewers, my predecessor as Chair, the letter reports on the Board’s work since Dallas and its view of the major challenges ahead. In my view, the Conference owes Dr. Ewers a debt of gratitude for summarizing so well where we stand after five years of hard work at implementing the Charter. Unfortunately, the bishop of the Diocese of Lincoln continues to refuse to participate in the audit process; this year, he is joined by four Eastern Catholic eparchs. The Board is continually reminded that this conduct, though undoubtedly within an ordinary’s canonical power, scandalizes the faithful, who cannot understand resistance to a simple measure for the protection of children. Very truly yours, Michael R. Merz Chair Secretariat of Child and Youth Protection 3211 Fourth Street NE • Washington DC 20017-1194 • 202-541-3060 • fax 202-541-3088 March 2008 Cardinal Francis George, President United States Conference of Catholic Bishops Judge Michael R. Merz, Chair National Review Board for the Protection of Children and Young People Your Eminence and Chair Merz, As we conclude the fifth annual audit for compliance with the Charter for the Protection of Children and Young People and prepare for the 2008 audits and audit workshops, there should be no doubt in anyone’s mind, even in the minds of the staunchest critics, that the Church has accomplished much since the inception of the Charter in June of 2002. Nor should there be any doubt in anyone’s mind that the Church’s efforts must continue unwaveringly. The question now is, “What next?” Two issues quickly come to my mind: (1) incorporation of the Charter and its articles into who we are as Church, indeed, into the daily fabric of the Church and (2) issue fatigue. Incorporation of the Charter and its articles into who we are as Church, indeed, into the daily fabric of the Church Policies, procedures to quickly respond to allegations of abuse and to protect children from harm, outreach to victims, background evaluations for those who have ongoing unsupervised contact with children, open and transparent communications policies, absence of confidentiality agreements that hold the victim to silence, refusal to transfer abusers without notification to the receiving bishop about the abuser’s potential danger to children or young people, and safe environment training—all must be standard operating procedures at the diocesan/eparchial level and, where applicable, in parishes and schools. We should not think of outreach and safeguards to protect our children as anything but how we routinely conduct business now and in years to come. We can never return to past ways. Issue fatigue Issue fatigue is a normal part of addressing any crisis. We must guard against relaxing our standards and must remain vigilant in our efforts to reach out to victims and protect our children. There are many parables and stories in the Bible that stress vigilance and staying awake. Such vigilance is always needed when it comes to protecting children from predators. Not remaining vigilant leaves our children open to harm and will erode all the good that has been accomplished. The Church’s efforts to protect children and reach out to help victims heal must continue and must not be diluted in any shape or form. With much of which to be proud, there is still work to be done. Sincerely, Teresa M. Kettelkamp Executive Director G G THE avin roup, inc. Center for Applied Research in the Apostolate GEORGETOWN UNIVERSITY • http://cara.georgetown.edu 2300 WISCONSIN AVENUE, NW • SUITE 400 • WASHINGTON, DC 20007 March 1, 2008 Francis Cardinal George, OMI, President United States Conference of Catholic Bishops The Honorable Michael R. Merz, Chair National Review Board for the Protection of Children and Young People Dear Cardinal George and Judge Merz, In November 2004, the United States Conference of Catholic Bishops (USCCB) commissioned the Center for Applied Research in the Apostolate (CARA) at Georgetown University to design and conduct an annual survey of all dioceses and eparchies whose bishops and eparchs are members of the USCCB. The purpose of this survey is to collect information on new allegations of sexual abuse of minors and the clergy against whom these allegations were made. The survey also gathers information on the amount of money dioceses and eparchies have expended as a result of allegations as well as the amount they have paid for child protection efforts. The national level aggregate results from this survey for each calendar year are reported in the Annual Report of the Implementation of the “Charter for the Protection of Children and Young People.” The questionnaire for the 2007 Annual Survey of Allegations and Costs was designed by CARA in consultation with the Office of Child and Youth Protection and was only slightly different from the versions used for the 2004, 2005, and 2006 Annual Surveys. As in previous years, CARA prepared an online version of the survey and provided bishops and eparchs with information about the process for completing it for their diocese or eparchy. In collaboration with the Conference of Major Superiors of Men (CMSM), major superiors of clerical and mixed religious institutes were also invited to complete a similar survey for their congregations, provinces, or monasteries. Data collection for 2007 took place in December 2007 and January 2008. As of February 1, 2008, CARA received responses from 194 of the 195 dioceses and eparchies of the USCCB and 159 of the 218 clerical and mixed religious institutes of CMSM, for response rates of 99 percent and 73 percent, respectively. CARA then prepared the national level summary tables and graphs of the findings for 2007, with comparisons to 2004, 2005, and 2006, which are presented in this Annual Report. We are grateful for the cooperation of the bishops, eparchs, major superiors, and their representatives in completing the survey for 2007. Sincerely, Mary E. Bendyna, RSM Executive Director Phone: 202-687-8080 • Fax: 202-687-8083 • E-mail: CARA@georgetown.edu PLACING SOCIAL SCIENCE RESEARCH AT THE SERVICE OF THE CHURCH IN THE UNITED STATES SINCE 1964 CHAPTER ONE Introduction The 2007 audits represented the second and final phase of the transition to a standardized audit year July 1 to June 30. When compliance audits were introduced in 2003, the audit period varied from diocese to diocese. Data collected in the audit process at the national level were not comparable because the audit period varied. In March 2006, at the request of the National Review Board, with full support of the Committee for the Protection of Children and Young People, and in consultation with the Office of Child and Youth Protection (OCYP), the Administrative Committee approved a recommendation to standardize and change the audit period to conform to the commonly used diocesan fiscal and parish program year, defining the audit period from July 1 to June 30. This change will be fully implemented in the 2008 audits. In light of the change in the audit period, the 2007 audits covered a twelve to twenty-two month period commencing in most instances the first day of the 2005 audit and ending in all instances on June 30, 2007. During the six-month interval from July 1, 2006, to December 5, 2006, the Gavin Group, Inc., conducted focused audits on those 18 dioceses and eparchies that were non-compliant in 2005, as well as the 11 dioceses/eparchies that requested a full audit. In 2007 there were full on-site audits for all dioceses/eparchies; and because of the abbreviated audit cycle for a number of dioceses/eparchies in 2006, the 2007 audit period for many dioceses/eparchies was almost two years in length. This is a key point to keep in mind when reviewing the allegation statistics. Also important to note is that, as part of a pilot project, nine dioceses and one eparchy further consented to have the Gavin Group auditors conduct detailed interviews in parishes to determine the extent of Charter understanding and compliance at the parish level. The parishes were selected by agreement between the archdiocese, diocese, or eparchy along with the auditors, with consideration being given to selecting from a variety of parishes—such as suburban, urban, and rural parishes. Additional information regarding the parish audits is included in Chapter Two. The standard audit period will be fully implemented in 2008, with the audit period for all dioceses/eparchies commencing on July 1, 2007, and ending on June 30, 2008. There were 190 dioceses/eparchies that participated in the 2007 audit process. Those dioceses/eparchies that declined to participate in the audit process are Diocese of Lincoln Our Lady of Deliverance Syriac Catholic Eparchy—New Jersey Eparchy of Newton for Melkites—Roslindale, Massachusetts Eparchy of St. Peter the Apostle Chaldeans—El Cajon Eparchy of St. Josephat for Ukrainians—Parma Of the 190 diocese/eparchies that participated in the 2007 audit process, 178 were found to be in full compliance with every Article of the Charter. The following 12 dioceses/eparchies who participated in the 2007 audit process were compliant with every Article of the Charter, with the exception of those specifically noted. Additionally, an asterisk denotes that the diocese/eparchy achieved compliance with a particular Article after the audit but prior to the publication of this Report. Archdiocese of Anchorage, Alaska Diocese of Baker, Oregon Diocese of Baton Rouge, Louisiana Archdiocese of Boston, Massachusetts Eparchy of St. Nicolas, Chicago, Illinois Archdiocese of Denver, Colorado Archdiocese of Galveston-Houston, Texas Diocese of Las Cruces, New Mexico Diocese of Rockville Centre, New York Archdiocese of San Francisco, California Diocese of Tulsa, Oklahoma Archdiocese of Military Services Articles 4* and 12 Article 12 Article 12 Article 12 Article 12 Article 4* Article 13* Articles 12 and 13 Article 12 Articles 12 and 13 Article 12 Article 12 Below are several observations from the 2007 audit reports: • OCYP and the Gavin Group have received more compliments about the audit teams and the audits themselves than were received in prior audit periods. • In the transition to a standard 12-month audit format, the date on which the audit period ended moved up from December 31 to June 30. When the audit period ended on December 31, dioceses that may have been declared non-compliant had time to rectify the point that rendered them non-compliant, thus bringing them into compliance prior to the publication of the audit report. Concluding the audit cycle on June 30 does not allow a grace period for bringing a diocese into compliance. • The OCYP executive director offered to visit dioceses/eparchies with non-compliance issues to help them to come into compliance if the area of non-compliance was one in which she could be of assistance, such as Articles 12 or 13. • In some instances, bishops have learned of compliance issues only at the time of the audit; their staffs have not kept them informed of developments. The need for staff to keep the bishop informed about compliance issues will be stressed during the 2008 audit workshops. In Section I, Chapter Two on the Audit Methodology and Chapter Three on the Audit Findings provide further detail concerning the 2007 audits. Section II contains the results of the Center for Applied Research in the Apostolate’s 2007 Annual Survey of Allegations and Costs for the dioceses, eparchies, religious institutes, societies of apostolic life, or separate provinces. This is the fourth year of this survey, and trends are now able to be identified and assessed. Section IV, the Appendices, contains the Charter for the Protection of Children and Young People as well as the CARA questionnaires for the dioceses and eparchies, and for the religious institutes. The compliance audit process is a valuable tool to help the dioceses/eparchies identify the Charter-related actions they are doing correctly as well as being a help to identify areas that need to be strengthened. When it comes to the goals of the Church to reach out to those who are hurting and to protect children, the Church should avail herself of all available tools that can best help her to reach that goal. One of the best tools is the audit process. CHAPTER TWO 2007 Methodology and Limitations Type of Audit—In 2007, at the direction of the United States Conference of Catholic Bishops and the Office of Child and Youth Protection (OCYP), 190 dioceses and eparchies received a full on-site audit at the request of their respective bishop/eparch. The Diocese of Lincoln, Nebraska; the Eparchy of St. Peter the Apostle for Chaldeans; the Eparchy of Newton for Melkites; the Eparchy of St. Josaphat of Parma for Ukrainians; and the Eparchy of Our Lady of Deliverance of Newark for Syriacs refused to participate in the 2007 audit. As in past years, approximately two weeks before the scheduled on-site visit, the full set of audit documents were submitted by the diocese/eparchy (D/E) electronically to the auditor(s), who reviewed them for completeness and consistency with prior audit materials. Any omissions or inconsistencies identified during that review were brought to the attention of the D/E and either were resolved telephonically and/or by e-mail prior to the on-site visit or were scheduled for discussion during the on-site visit. During the on-site audit, the auditors verified the responses through telephonic contact or personal interviews with the responsible D/E employee—as designated on the Audit Instrument—prior to or during the on-site visit, reviewed supporting documentation furnished by the D/E, and conducted in-person and/or telephonic interviews with parish priests/personnel to determine the availability and understanding of relevant process and materials at the parish level. Parish Participation—In addition, as part of a pilot project, the bishop/eparch of nine (9) dioceses and one (1) eparchy also consented to have the Gavin Group auditors conduct detailed interviews in parishes to determine the extent of Charter understanding and compliance at the parish level. Interviews included the pastor; school principal, if applicable; and staff member(s) designated to coordinate the safe environment program training. Most interviews were conducted in person although some were conducted telephonically. Those having parish visitations included the Diocese of Austin, the Archdiocese of Baltimore, the Archdiocese of Boston, the Eparchy of St. Nicholas of Chicago for Ukrainians, the Diocese of Covington, the Archdiocese of Los Angeles, the Diocese of Portland in Maine, the Diocese of Rockville Centre, the Diocese of Springfield in Illinois, and the Diocese of St. Petersburg. Workshops—In preparation for the 2007 audits, 13 workshops were held across the country from December 2006 through March 2007. All 195 dioceses and eparchies were invited to send representatives to these workshops. Representatives of 182 dioceses/eparchies attended these workshops, for a 93% response rate. In addition, the OCYP developed an Audit Training Manual, based on the 2005 revised Charter, which was designed to assist the dioceses/eparchies in their preparation for and compliance with the Charter. The manual included copies of the 2007 audit documents and set out the minimum requirements for each Article. That manual was distributed to the attendees and discussed at the workshops. Format—The 2007 audit documents followed the format of 2006 audit documents with one significant modification. The statement “The use of the term ‘victim’ or “‘victim/survivor’” on this audit document does not imply that the diocese/eparchy submitting this information recognizes the veracity of the claim” was added to the Audit Instrument immediately before Article 1 as well as on Chart A. This was added as a result of a suggestion from one of the workshops. With regard to Article 12 (Safe Environment Programs) and specifically the category of Children/Youth on Chart C, dioceses/eparchies were again allowed to estimate how many people are eligible in each category and the approximate number who have received such training. Where there were gaps between those estimates, dioceses/eparchies were asked to account for those gaps and close them however possible. Training—As in prior years, the Gavin Group, Inc., of Boston, Massachusetts, utilized men and women experienced in management, investigations, and compliance to conduct these audits. Auditor training was held in Charlotte, North Carolina, for one full day in June. All auditors assigned to the 2007 audits were in attendance for the full session. The Audit Training Manual, the audit process, and audit documents were discussed in detail, including parameters of what was to be considered compliant and noncompliant for each question. Suggestions for identifying and informally resolving issues, and instructions on how to handle matters that cannot be informally resolved, were discussed. Guest speakers included representatives from OCYP, who provided an overall perspective of the audit process; an auxiliary bishop from Philadelphia, who attended the training as a representative of the bishops’ Committee for the Protection of Children and Young People; and the Chair of the National Review Board. Limitations/Problems Encountered Completeness/Accuracy—As in past years, these audits relied on the completeness and accuracy of the information provided by the diocese/eparchy to reach conclusions. Although performed on site, the auditors did not have access to personnel files or other confidential materials. Dates of Audit Periods—As mentioned in the Introduction, based on a recommendation in 2006, the 2007 audit period brought the statistical data collected during this audit up to date as of June 30, 2007. The audit period for those 11 dioceses/eparchies that underwent full on-site audits in 2006 was July 1, 2006, through June 30, 2007. For all other dioceses/eparchies, the audit period was the first day of their 2005 audit to June 30, 2007. Definitions—The definitions utilized in 2006 for Articles 12 and 13 were not modified. Because the Charter is silent on clear definitions, some dioceses/eparchies grouped persons outside of the specified definitions, which impacted the statistical accountings. Number of Victims/Accused—Because of the extended audit period in all but the 11 dioceses/eparchies audited in 2006, the number of victims/accused reported in 2007 is significantly higher than would be expected for a twelve-month period. A number of dioceses were dealing with class action lawsuits and/or bankruptcies during this period, including the Diocese of Spokane and the Diocese of Portland in Oregon, which were unable to provide information on many victims/accused in 2005 because of restrictions placed on them by the court but which did report those numbers in the 2007 audit. Standard for Compliance on Article 12 (Safe Environment Programs)—When the 2005 audits were conducted under the original version of the Charter, several dioceses had not yet selected a training program and, even more significantly, had not fully implemented one. In 2005, the language in Article 12 was revised to include a statement: “Dioceses/eparchies are to maintain ‘safe environment’ programs which the diocesan/eparchial bishop deems to be in accord with Catholic moral principles.” Dioceses and eparchies were asked to provide a statement, either written or verbal, that the safe environment program that they utilized was approved by the bishop/eparch. This was critical in those instances where a diocese/eparchy offered no safe environment training for children/youth attending religious education classes but rather relied on training, mandated or otherwise, provided by the public school systems. In a number of instances, dioceses/eparchies were unable to identify the program(s) used by the public school system(s) and whether those were approved. Statistics—While the dioceses/eparchies were instructed to identify a “snapshot in time” (i.e., on or around the end of the audit period) and to use the statistics available on that date for Charts C (Article 12, Safe Environment Programs) and D (Article 13, Background Evaluations), there was still significant confusion. Workshops—Those dioceses/eparchies that did not send any representatives to the workshops had more difficulty completing the audit documents than those that did attend. However, many of those in attendance at the workshops were not the persons actually responsible for collecting the information and completing the documents for submission to the Gavin Group, Inc., which may explain the problems of incomplete and incorrectly completed forms. CHAPTER THREE Findings TO PROMOTE HEALING AND RECONCILIATION WITH VICTIMS/SURVIVORS OF SEXUAL ABUSE OF MINORS ________________________________________________________________________ ARTICLE 1. Dioceses/eparchies are to reach out to victims/survivors and their families and demonstrate a sincere commitment to their spiritual and emotional well-being. The first obligation of the Church with regard to the victims is for healing and reconciliation. Each diocese/eparchy is to continue its outreach to every person who has been the victim of sexual abuse* as a minor by anyone in church service, whether the abuse was recent or occurred many years in the past. This outreach may include provision of counseling, spiritual assistance, support groups, and other social services agreed upon by the victim and the diocese/eparchy. Through pastoral outreach to victims and their families, the diocesan/eparchial bishop or his representative is to offer to meet with them, to listen with patience and compassion to their experiences and concerns, and to share the “profound sense of solidarity and concern” expressed by His Holiness, Pope John Paul II, in his Address to the Cardinals of the United States and Conference Officers (April 23, 2002). NOTE * In accord with Sacramentorum sanctitatis tutela (SST), article 4 §1, sexual abuse, for purposes of this Charter, shall include any offense by a cleric against the Sixth Commandment of the Decalogue with a minor as understood in the Code of Canon Law, c. 1395 §2 (“A cleric who in another way has committed an offense against the sixth commandment of the Decalogue, if the delict was committed by force or threats or publicly or with a minor below the age of sixteen years [raised in SST to eighteen years which has been the age of majority for the USA since 1994], is to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants”) and the Code of Canons of the Eastern Churches, c. 1453 §1 (“A cleric who lives in concubinage or gives permanent scandal by publicly sinning against chastity is to be punished with a suspension, to which, other penalties can be gradually added up to deposition, if he persists in the offense”). If there is any doubt whether a specific act qualifies as an external, objectively grave violation, the writings of recognized moral theologians should be consulted, and the opinions of recognized experts should be appropriately obtained (Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995, p. 6). Ultimately, it is the responsibility of the diocesan bishop/eparch, with the advice of a qualified review board, to determine the gravity of the alleged act. ________________________________________________________________________ All dioceses/eparchies that participated in the 2007 compliance audits were in compliance with Article 1. Article 1 of the Charter for the Protection of Children and Young People requires dioceses/eparchies to reach out to victims/survivors and their families in an effort to offer healing and reconciliation. This expectation applies to recent cases of abuse as well as cases that have occurred in the past. In addition to the offer of outreach, the bishop/eparch or his representative is directed to offer to meet with victims and their families. Article 1 of the Charter calls for outreach to victims of sexual abuse as a minor committed by anyone in church service; the compliance audit focuses on victims of clergy sexual abuse. This report does not comment on the efforts of dioceses/eparchies to assist with the healing of those abused by church workers who are not members of the clergy. While all audited dioceses/eparchies have outreach programs in place and the bishops/eparchs reach out to victims of abuse, the scope and range of the outreach varies from diocese/eparchy to diocese/eparchy. In places where victims continue to come forward in steady numbers, full-time staffs are in place to respond to the healing needs of victims and their families. When the number of new victims coming forward is smaller, oftentimes victim assistance services are provided by professional counselors with whom the diocese/eparchy contracts. Dioceses/eparchies report that outreach was provided to 3,273 victims/survivors and their families. This outreach included 951 victims/survivors and family members who came forward during the 2007 audit period and 2,322 who came forward during previous years or audit periods. In general, healing initiatives focus on psychological/therapeutic counseling and spiritual care. Identifying providers skilled in working with victims of child sexual abuse is often challenging. Determining the length of time for effective healing support is another challenge faced at the diocesan/eparchial level. To help them sort through these issues, some dioceses/eparchies are using outside agencies or appointing treatment review boards to make recommendations about the extent of treatment and the credentials of the therapists. While there is no single standard for treatment protocols, dioceses/eparchies are challenged to offer consistency from one place to another in the healing support they offer. The 2007 audit indicated that dioceses/eparchies continue to offer individual counseling, healing weekends, retreat days, facilitated support groups, and spiritual direction for victims and their families. Requests for the spiritual components of healing are becoming more frequent. Reaching out to victims of clergy sexual abuse can be restricted when the diocese/eparchy learns of the abuse from an attorney. Oftentimes the legal process can impede the offering of healing support. One way in which dioceses/eparchies circumvent this limitation is by writing to the victim’s attorney to request that the attorney convey the offer of pastoral assistance from the diocese to the victim. The 2007 audit also indicated effective cooperation between and among dioceses/eparchies when a victim was abused in one diocese/eparchy and now lives in another part of the country. Most often, the diocese/eparchy of which the abusing priest is a member assumes responsibility for healing support and works out a repayment arrangement with the diocese/eparchy in which the victim resides. Recognizing that healing can take many forms, and that the needs of victims can take many forms, dioceses/eparchies are offering outreach in the form of rent, transportation, no-interest loans, and employment counseling. ________________________________________________________________________ ARTICLE 2. Dioceses/eparchies are to have policies and procedures in place to respond promptly to any allegation where there is reason to believe that sexual abuse of a minor has occurred. Dioceses/eparchies are to have a competent person or persons to coordinate assistance for the immediate pastoral care of persons who report having been sexually abused as minors by clergy or other church personnel. The procedures for those making a complaint are to be readily available in printed form in the principal languages in which the liturgy is celebrated in the diocese/eparchy and be the subject of public announcements at least annually. Dioceses/eparchies are also to have a review board that functions as a confidential consultative body to the bishop/eparch. The majority of its members are to be lay persons not in the employ of the diocese/eparchy (see Norm 5 in Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, 2002). This board is to advise the diocesan/eparchial bishop in his assessment of allegations of sexual abuse of minors and in his determination of a cleric’s suitability for ministry. It is regularly to review diocesan/eparchial policies and procedures for dealing with sexual abuse of minors. Also, the board can review these matters both retrospectively and prospectively and give advice on all aspects of responses in connection with these cases. ________________________________________________________________________ All dioceses/eparchies that participated in the 2007 compliance audits were in compliance with Article 2. Article 2 requires that dioceses/eparchies have a mechanism in place to respond promptly to allegations of clergy sexual abuse. In addition to confirming that such a mechanism is in place, the auditor also confirms that the diocese/eparchy has a victim assistance coordinator and reviews his or her qualifications. According to this Article, a diocesan review board must be established, and its role and composition are to be reviewed during the audit period. Finally, the auditor is to look at the process for filing a complaint and to confirm that this process is well publicized. These procedures, as well as the name and contact information for the victim assistance coordinator, should be easily accessible by the public within a diocese/eparchy. When a victim finally finds the courage, often after many years of pain, to reach out to the diocese/eparchy and report the abuse, it is vital that the diocese/eparchy respond quickly and that the opportunity for healing begin positively. The Charter states that the procedures for those making a complaint are to be readily available in printed form in the principal languages in which the Liturgy is celebrated in the diocese/eparchy and that the procedures are to be the subject of public announcements at least annually. Finding the name and phone number for the diocesan victim assistance coordinator should not be difficult or challenging for any victim. To have this information easily identifiable on the diocesan Web site, in church bulletins, through special brochures, in diocesan newspapers, and on parish bulletin boards serves two purposes aside from Charter compliance: it sends a message to the victims that the Church cares about them, and it reinforces the commitment of bishops/eparchs to help heal the pain that has been caused by clergy sex abuse. As of June 30, 2007, all dioceses/eparchies had established procedures for reporting incidents of clergy sexual abuse of a minor. These procedures can be found on diocesan Web sites, in diocesan newspapers, in parish bulletins, and in pamphlets and brochures. This information should be readily accessible to victims and to the Catholic population at large. Victim assistance coordinators are in place in all dioceses/eparchies. The coordinators are often the first point of contact when a victim comes forward with allegations. The coordinator is responsible for determining the interest of the victim in receiving pastoral outreach and connects the victim with appropriate resources. Often the coordinator works with the victim as the preliminary investigation is conducted. Many victim assistance coordinators have prior experience working in the social service program of the diocese. Others have been hired specifically for this work and bring a background of work with victims of trauma and abuse. Most victim assistance coordinators do not provide direct counseling services; rather, they ensure that the victims, and often their families, are connected with services that will promote healing and reconciliation. Again, the contact information for the diocesan/eparchial victim assistance coordinator should be easily found in prominent places in the diocese/eparchies. Diocesan review boards have been established in all dioceses/eparchies that participated in the 2007 audit. Often small eparchies with a significant geographic spread use the resources of the diocese closest to the parish where the complaint is received. The diocesan review board serves the bishop as a confidential and consultative body. The diocesan bishop/eparch determines how the review board will function. Review boards have an average of eight members who bring a range of professional experience to their work. The Charter specifically states that the majority of review board members will be lay persons not in the employ of the diocese/eparchy. Diocesan review boards often include a psychologist/counselor whose experience includes working with children who are victims of sexual abuse. Other professions often represented include a member of the legal profession, a member of law enforcement, and an educator. All review boards are expected to include a respected pastor of the diocese/eparchy. In addition to reviewing policies and procedures for handling allegations of clergy sexual abuse, in some dioceses/eparchies, the bishop/eparch requests that the review board review codes of conduct and cases of child abuse reported against lay employees and volunteers. As the number of allegations decreases, it has been noticed that some diocesan review boards have not met in over a year. It is recommended that diocesan review boards consider the diocesan policies on an annual basis to ensure that they are current, as well as to review how the Charter is being implemented in the diocese/eparchy. These reviews can provide valuable insight to the bishop/eparch on how well things are working and also identify areas that need to be strengthened. Issue fatigue is commonplace, but being aware of its danger can help prevent the dioceses/eparchies from becoming lax in their effective Charter implementation. This, in turn, helps to ensure the continued effective outreach to victims and the protection of children by the Church. Procedures for making a complaint are readily available in printed form in all of the dioceses/eparchies that participated in the 2007 audit. The real test here, however, comes when a victim seeking help enters a church building, goes on the diocesan/eparchial Web site, reads the diocesan/eparchial newspaper, or picks up a church bulletin. Can she or he find these procedures? If not, the Church’s outreach needs improvement. ________________________________________________________________________ ARTICLE 3. Dioceses/eparchies are not to enter into settlements which bind the parties to confidentiality unless the victim/survivor requests confidentiality and this request is noted in the text of the agreement. ________________________________________________________________________ All dioceses/eparchies that participated in the 2007 compliance audits were in compliance with Article 3. Article 3 bars a diocese/eparchy from entering into confidential settlement agreements with victims. However, if requested by the victim, such agreements may still be entered into, and the victim’s request will be noted in the agreement. At the request of the victim/survivor, a small number of dioceses have entered into agreements that contain confidential aspects. For the most part, victims have asked that the diocese maintain confidentiality about the financial terms of the settlement, but not about the circumstances of the abuse. To Guarantee an Effective Response to Allegations of Sexual Abuse of Minors ______________________________________________________________________ ARTICLE 4. Dioceses/eparchies are to report an allegation of sexual abuse of a person who is a minor to the public authorities. Dioceses/eparchies are to comply with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities and cooperate in their investigation in accord with the law of the jurisdiction in question. Dioceses/eparchies are to cooperate with public authorities about reporting cases even when the person is no longer a minor. In every instance, dioceses/eparchies are to advise victims of their right to make a report to public authorities and support this right. ________________________________________________________________________ Of the 190 dioceses/eparchies that participated in the 2007 audit, 188 were found to be compliant with Article 4. The following dioceses were found to be non-compliant with Article 4 as of June 30, 2007: • Archdiocese of Anchorage* • Archdiocese of Denver* *Both archdioceses took actions that brought them into compliance by December 31, 2007. Article 4 requires that each diocese/eparchy report any allegation of clergy sexual abuse of a person who is a minor to the public authorities, comply with all applicable civil laws, and cooperate with the investigation conducted by civil authorities. During the 2007 audit period, participating dioceses/eparchies reported 55 allegations of abuse of minors who were minors when they reported the abuse. All allegations in which the accused and the alleged victim are identified have been reported to civil authorities. Handling allegations of abuse/boundary issues/poor judgment on behalf of minors who are minors at the time of the report raised specific challenges. Article 4 stipulates that all allegations of clergy sexual abuse of a person who is a minor be reported to civil authorities. The investigation of these allegations requires great skill and objectivity. In the judgment of the auditors, all allegations or suggestions of the sexual abuse of a person who is a minor are to be turned over to civil authorities for investigation. Of the 55 allegations, 12 were determined to be credible; 24 were found to be unfounded and fell in the categories of poor judgment, boundary violations, or not meeting the definition of sex abuse; and 6 were still under investigation at the time of the audit. There were 13 allegations categorized as “Other” because the investigations could not be completed due to insufficient information. Twenty-nine of the allegations involved females as victims, and 25 involved males as victims; the gender of one alleged victim is unknown. Two of the accused with credible allegations entered into plea agreements with prosecutors and the courts and then left this country or returned to their country of origin. Two are awaiting trials, two are on probation, one is in jail serving a life sentence, and one fled this country to his country of origin. This Article also requires dioceses/eparchies to cooperate with civil authorities when the person reporting abuse is no longer a minor and, in all instances, to advise victims of their right to report directly to public authorities. Many public jurisdictions have instructed dioceses/eparchies to limit their reports to cases that fall within the local statute of limitations. Other jurisdictions require that all cases be reported, including cases when the accused is deceased or when the incident of abuse happened many decades ago. ________________________________________________________________________ ARTICLE 5. We affirm the words of His Holiness, Pope John Paul II, in his Address to the Cardinals of the United States and Conference Officers: “There is no place in the priesthood or religious life for those who would harm the young.” Sexual abuse of a minor by a cleric is a crime in the universal law of the Church (CIC, c. 1395 §2; CCEO, c. 1453 §1). Because of the seriousness of this matter, jurisdiction has been reserved to the Congregation for the Doctrine of the Faith (Motu proprio Sacramentorum sanctitatis tutela, AAS 93, 2001). Sexual abuse of a minor is also a crime in all civil jurisdictions in the United States. Diocesan/eparchial policy is to provide that for even a single act of sexual abuse of a minor*—whenever it occurred—which is admitted or established after an appropriate process in accord with canon law, the offending priest or deacon is to be permanently removed from ministry and, if warranted, dismissed from the clerical state. In keeping with the stated purpose of this Charter, an offending priest or deacon is to be offered therapeutic professional assistance both for the purpose of prevention and also for his own healing and well-being. The diocesan/eparchial bishop is to exercise his power of governance, within the parameters of the universal law of the Church, to ensure that any priest or deacon subject to his governance who has committed even one act of sexual abuse of a minor as described below (see note) shall not continue in ministry. A priest or deacon who is accused of sexual abuse of a minor is to be accorded the presumption of innocence during the investigation of the allegation and all appropriate steps are to be taken to protect his reputation. He is to be encouraged to retain the assistance of civil and canonical counsel. If the allegation is not proven, every step possible is to be taken to restore his good name, should it have been harmed. In fulfilling this article, dioceses/eparchies are to follow the requirements of the universal law of the Church and of the Essential Norms approved for the United States. NOTE * In accord with Sacramentorum sanctitatis tutela (SST), article 4 §1, sexual abuse, for purposes of this Charter, shall include any offense by a cleric against the Sixth Commandment of the Decalogue with a minor as understood in the Code of Canon Law, c. 1395 §2 (“A cleric who in another way has committed an offense against the sixth commandment of the Decalogue, if the delict was committed by force or threats or publicly or with a minor below the age of sixteen years [raised in SST to eighteen years which has been the age of majority for the USA since 1994], is to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants”) and the Code of Canons of the Eastern Churches, c. 1453 §1 (“A cleric who lives in concubinage or gives permanent scandal by publicly sinning against chastity is to be punished with a suspension, to which, other penalties can be gradually added up to deposition, if he persists in the offense”). If there is any doubt whether a specific act qualifies as an external, objectively grave violation, the writings of recognized moral theologians should be consulted, and the opinions of recognized experts should be appropriately obtained (Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995, p. 6). Ultimately, it is the responsibility of the diocesan bishop/eparch, with the advice of a qualified review board, to determine the gravity of the alleged act. ________________________________________________________________________ All dioceses/eparchies that participated in the 2007 compliance audit were found to be compliant with Article 5. Article 5 requires that all dioceses/eparchies have a policy to conduct a prompt and objective preliminary investigation of an allegation of clergy sexual abuse. The Article includes steps to be followed, as outlined in canon law, when an allegation is found to be credible, is admitted, or is established. The process for conducting a preliminary investigation is determined by each local bishop/eparch. Processes vary from one diocese/eparchy to another. If the priest/deacon accused in an allegation is in active ministry, he is often removed and placed on administrative leave while the investigation is undertaken. In some cases, he is placed on restrictive ministry or remains in active ministry until the preliminary investigation is complete. Within the limitations of confidentiality, privacy, and civil and canon law, the auditors examine all allegations that have been made during the audit period. In 2007, 1,504 victims made allegations of clergy sexual abuse in dioceses/eparchies that participated in the audit process. These allegations identified 977 clerics (priests and deacons). Of the 1,504 victims reporting clergy sexual abuse in the 2007 audit period, 55 were minors when they reported the abuse. All cases were reported to civil authorities for investigation. Of these, 24 were determined to be unfounded or were disproved by civil authorities and diocesan review boards; 12 were credible, 6 were still under investigation at the time of the audit, and 13 were categorized as “Other” due to insufficient information. The number of victims who came forward and the number of accused during this audit period are higher than the numbers reported in the 2005 audit period because for most dioceses/eparchies, the 2007 audit period covered a two-year period. Eleven dioceses participated in full on-site audits in 2006. ________________________________________________________________________ ARTICLE 6. There are to be clear and well-publicized diocesan/eparchial standards of ministerial behavior and appropriate boundaries for clergy and for any other paid personnel and volunteers of the church in positions of trust who have regular contact with children and young people. ________________________________________________________________________ All dioceses/eparchies that participated in the 2007 compliance audit were found to be compliant with Article 6. Article 6 requires all dioceses/eparchies to establish and publicize standards for behavior of both clergy and other church workers who have regular contact with children and young people. “Regular contact with children and young people” is defined by each diocese/eparchy. These definitions address the frequency of contact in terms of hours per week or month. Even though the definitions vary, the fact that efforts are in place to clarify the meaning of “regular contact” indicates that protecting children remains the goal. What many dioceses/eparchies have done to avoid the challenge of defining or discerning the definition of “regular contact with children” (keeping in mind the need to protect all children anytime they are under the care of the Church) is to require that anyone who has contact with children receive a copy of the diocesan/eparchial code of conduct. “Grooming” children for future abuse is something against which all need to guard. Knowing the expectations of the diocese/eparchy, being aware of grooming behaviors and signs of abuse, and knowing to whom suspicious behavior should be reported are things everyone who has contact with children should know. ________________________________________________________________________ ARTICLE 7. Dioceses/eparchies are to be open and transparent in communicating with the public about sexual abuse of minors by clergy within the confines of respect for the privacy and the reputation of the individuals involved. This is especially so with regard to informing parish and other church communities directly affected by ministerial misconduct involving minors. ________________________________________________________________________ All dioceses/eparchies that participated in the 2007 compliance audit were found to be compliant with Article 7. Though Article 7 is one of the shorter Articles, this Article requiring that the diocese/eparchy be open and transparent in communicating with the public about sexual abuse of minors is one of the most important. It is important for credibility purposes and for avoiding a backslide into an environment of secrecy. Most importantly, openness and transparency are critical for the protection of children. Not being aware of possible predators in our midst decreases the hedge of protection for our children—something that should never be done. To Ensure the Accountability of Our Procedures (Articles 8-11 are not included in the audit process) ________________________________________________________________________ ARTICLE 8. By the authority of the United States Conference of Catholic Bishops, the mandate of the Ad Hoc Committee on Sexual Abuse is renewed, and it is now constituted the Committee for the Protection of Children and Young People. It becomes a standing committee of the Conference. Its membership is to include representation from all the episcopal regions of the country, with new appointments staggered to maintain continuity in the effort to protect children and youth. The Committee is to advise the USCCB on all matters related to child and youth protection and is to oversee the development of the plans, programs, and budget of the Office of Child and Youth Protection. It is to provide the USCCB with comprehensive planning and recommendations concerning child and youth protection by coordinating the efforts of the Office and the National Review Board. ________________________________________________________________________ Membership of the Committee for the Protection of Children and Young People (CPCYP) includes the following bishops as well as the region they represent: Bishop Gregory M. Aymond (Chairman) Bishop Richard J. Malone (I) Bishop Howard J. Hubbard (II) Bishop Joseph R. Cistone (III) Bishop Mitchell R. Rozanski (IV) Bishop Thomas J. Rodi (V) Bishop R. Daniel Conlon (VI) Bishop Thomas G. Doran (VII) Bishop Paul J. Swain (VIII) Bishop William J. Dendinger (IX) Bishop Edward J. Slattery (X) Bishop Stephen E. Blaire (XI) Bishop George L. Thomas (XII) Bishop David L. Ricken (XIII) Bishop J. Kevin Boland (XIV) Bishop William C. Skurla (XV) Bishop Blase J. Cupich (Chair-Elect) Term expires November 2008 Term expires November 2008 Term expired November 2007 Term expires November 2009 Term expires November 2010 Term expired November 2007 Term expires November 2009 Term expired November 2007 Term expires November 2009 Term expires November 2008 Term expires November 2008 Term expired November 2007 Term expires November 2008 Term expires November 2008 Term expires November 2008 Term expires November 2009 Term began in November 2007/Expires in 2011 In November 2007, the terms of four members expired: Bishop Howard J. Hubbard (II) Bishop Thomas J. Rodi (V) Bishop Thomas G. Doran (VII) Bishop Stephen E. Blaire (XI) Upon the recommendations of their metropolitan archbishops, the following bishops accepted the invitation by Bishop Aymond to participate in the CPCYP: Bishop Robert J. Cunningham (II) Term expires November 2010 Bishop George J. Lucas (VII) Term expires November 2010 Bishop Ronald W. Gainer (V) Term expires November 2010 The representative for Region XI is still pending at the time of this Report. The CPCYP is also assisted by the following consultants: Rev. Msgr. Edward Burns, Executive Director of the Office of Priestly FormationVocations Rev. Msgr. Ronny Jenkins, Associate General Secretary of the USCCB Rev. Paul Lininger, OFM Conv., Executive Director of CMSM Ms. Helen Osman, Secretary of Communications for the USCCB Mr. Anthony Picarello, General Counsel, USCCB Very Rev. Thomas Picton, CSSR, President of the Conference of Major Superiors of Men Sr. Mary Ann Walsh, RSM, Director of the Office of Media Relations The CPCYP meets jointly several times a year with the National Review Board to discuss matters of child and youth protection, specific policies, and best practices. During the 2007 audit year, Bishop Aymond, Msgr. Jenkins, and Executive Director Kettelkamp participated in the Eighth Anglophone Conference in Rome, Italy. This conference provides a forum for English-speaking countries to discuss the issue of clergy sexual abuse. ________________________________________________________________________ ARTICLE 9. The Office for Child and Youth Protection, established by the Conference of Catholic Bishops, is to staff the Committee for the Protection of Children and Young People and be a resource for dioceses/eparchies for the implementation of “safe environment” programs and for suggested training and development of diocesan personnel responsible for child and youth protection programs, taking into account the financial and other resources, as well as the population, area, and demographics of the diocese/eparchy. The Office is to produce an annual public report on the progress made in implementing and maintaining the standards in this Charter. The report is to be based on an annual audit process whose method, scope, and cost are to be approved by the Administrative Committee on the recommendation of the Committee for the Protection of Children and Young People. This public report is to include the names of those dioceses/eparchies which the audit shows are not in compliance with the provisions and expectations of the Charter. As a member of the Conference staff, the Executive Director of the Office is appointed by and reports to the General Secretary. The Executive Director is to provide the Committee for the Protection of Children and Young People and the National Review Board with regular reports of the Office’s activities. ________________________________________________________________________ At the beginning of the audit period, the Office of Child and Youth Protection (OCYP) consisted of the following four staff members: Executive Director Teresa Kettelkamp, Associate Director Sheila Kelly, Executive Assistant Margaret Sienko, and Staff Assistant Mary Ann McGuire. During the summer of 2007, Ms. Mary Ann McGuire moved to the Office of Family, Laity, Women, and Youth; and Ms. Nija Hepburn-Nelson was hired as the new Staff Assistant. Monthly reports are provided to the members of the CPCYP and the National Review Board (NRB) that reflect the administrative efforts of the OCYP within the USCCB, external support by OCYP of the dioceses/eparchies with Charter-related matters, and efforts in support of the work of the CPCYP and of the NRB. ________________________________________________________________________ ARTICLE 10. The whole Church, especially the laity, at both the diocesan and national levels, needs to be engaged in maintaining safe environments in the Church for children and young people. The Committee for the Protection of Children and Young People is to be assisted by the National Review Board, a consultative body established in 2002 by the USCCB. The Board will review the annual report of the Office of Child and Youth Protection on the implementation of this Charter in each diocese/eparchy and any recommendations that emerge from it, and offer its own assessment regarding its approval and publication to the Conference President. The Board will also advise the Conference President on future members. The Board members are appointed by the Conference President in consultation with the Administrative Committee and are accountable to him and to the USCCB Executive Committee. Before a candidate is contacted, the Conference President is to seek and obtain, in writing, the endorsement of the candidate’s diocesan bishop. The Board is to operate in accord with the statutes and bylaws of the USCCB and within procedural guidelines to be developed by the Board in consultation with the Committee for the Protection of Children and Young People and approved by the USCCB Administrative Committee. These guidelines are to set forth such matters as the Board’s purpose and responsibility, officers, terms of office, and frequency of reports to the Conference President on its activities. The Board will offer its advice as it collaborates with the Committee for the Protection of Children and Young People on matters of child and youth protection, specifically on policies and best practices. The Board and Committee for the Protection of Children and Young People will meet jointly several times a year. The Board will review the work of the Office of Child and Youth Protection and make recommendations to the Director. It will assist the Director in the development of resources for dioceses. The Board is to oversee the completion of the study of the causes and context of the recent crisis. The Board will offer its assessment of the data gathered and preliminary results to the Committee for the Protection of Children and Young People as the study moves forward. ________________________________________________________________________ In 2007, the terms of four original National Review Board members expired: Dr. Michael Bland Ms. Jane Chiles Dr. Paul McHugh Justice Petra Maes The following individuals were appointed by Bishop William S. Skylstad, then-President of the USCCB, to serve on the NRB: Dr. Emmet M. Kenney, Jr. Ms. Diane M. Knight, ACSW, CISW Justice Robert C. Kohm Dr. Susan Steibe-Pasalich The current membership of the National Review Board comprises the following individuals: Judge Michael R. Merz, Chair Mr. Thomas DeStefano, MSW, LittD Dr. Patricia O’Donnell Ewers Dr. Angelo P. Giardino Dr. Emmet M. Kenney Jr. Ms. Diane M. Knight, ACSW, CISW Justice Robert C. Kohm Mr. Ralph I. Lancaster Jr., Esq. Mr. William McGarry Dr. Joseph G. Rhode Mr. Joseph Russoniello, Esq. Dr. Susan Steibe-Pasalich Term expires June 2009 Term expires June 2009 Term expires June 2008 Term expires June 2008 Term expires June 2010 Term expires June 2010 Term expires June 2010 Term expires June 2008 Term expires June 2009 Term expires June 2009 Term expires June 2008* Term expires June 2010 *resigned January 4, 2008, to become United States Attorney in San Francisco Per Article 10 of the Charter, the Board is to “oversee the completion of the study of the causes and context of the recent crisis. The Board will offer its assessment of the data gathered and preliminary results to the Committee for the Protection of Children and Young People as the study moves forward.” This study is underway and is being headed by a research team from the John Jay College of Criminal Justice in New York City. The NRB Research Committee has worked closely with the John Jay researchers, and the CPCYP and the body of bishops were provided a progress report during the USCCB General Meeting in November 2007. The Study is expected to be completed in 2009, with a preliminary written report to be provided to the bishops in June 2008. The National Review Board released the following Report of the National Review Board to the Catholic Faithful of the United States in December 2007, on the fifth anniversary of the establishment of the NRB, which occurred upon the adoption of the Charter for the Protection of Children and Young People in June 2002. REPORT OF THE NATIONAL REVIEW BOARD December 2007 To the Catholic Faithful of the United States: On the fifth anniversary of its establishment, the National Review Board for the Protection of Children and Young People (NRB) sends this report on its work to the Catholic community. It is a record of accomplishments, unfinished work, and challenges that lie ahead. The members of the Board, representing the diversity of the Church in the United States, have worked diligently with the United States Conference of Catholic Bishops (USCCB) through its Committee for the Protection of Children and Young People (CPCYP) to address the nature, causes, and consequences of the sexual abuse crisis and the prevention of such action in the future. The Board concentrates on the responsibilities assigned to it in the Charter for the Protection of Children and Young People (Charter). They include: • • • • • advising on the audits of the dioceses and eparchies to assure compliance with the Charter adopted in Dallas, reviews the work of the Office of Child and Youth Protection (OCYP), completing major research studies, reviewing policies and practices for the protection of children and youth, recommending ways to provide safer environments. Though much has been accomplished, much remains to be done. Accomplishments The Audit Process For the past four years, dioceses and eparchies have been audited to assure the implementation and maintenance of the standards established in the Charter. Those audits provide substantial evidence of the bishops’ efforts to protect children and respond to the abuses of the past and present. As of 2006, 98% of the dioceses and eparchies are participating in the audits. Those audited are in full compliance with the standards. • • • The standards require implementation of safe environment programs and background checks for employees and volunteers. To this point over six million children have participated in educational programs and over 1.6 million background investigations have taken place. In addition dioceses have established procedures to respond promptly to allegations, including reports of allegations to public authorities, diocesan review boards to evaluate allegations, and programs to reach out to victims and their families. In an effort to maintain transparency, the USCCB publishes the results of these audits in an annual report that includes the numbers of new credible allegations and the financial costs of responding to allegations. Research Projects The Charter called for two major research studies. • • The John Jay College of Criminal Justice completed the first of these studies, The Nature and Scope of Sexual Abuse of Minors by Catholic Priests and Deacons in the United States 1950-2002, in 2004. That study provided an analysis of what happened: the number and nature of the allegations, the characteristics of the abusers and victims, and the financial impact on the Church. The second study, Causes and Contexts, will explore the why and how. It is discussed later under work to be done. Oversight Structures Successful implementation of the Charter and Norms necessitated structures to oversee and deliver programs at both the national and diocesan levels. These structures and programs are now in place and are being accepted as part of the fabric of the Church for the future. • At the national level the CPCYP and NRB oversee the implementation of programs through their review of the work of the Office for Child and Youth Protection, which has responsibility for insuring Charter compliance on a day-to-day basis. • • On the local level, the dioceses and eparchies have offices that offer safe environment programs and respond to allegations and the needs of victims and their families. Although the presence of such structures and programs cannot ensure that abuse will not take place, each year the NRB has seen a strengthening of the processes that are needed to make such abuse less likely to occur, appropriately handle allegations, and address the needs of victims and their families. Though these accomplishments are impressive, the Board believes that its work is only beginning. Work to Be Done The audits have provided assurance that the dioceses and eparchies are doing what is required to meet the obligations of the Charter. • • • What the audits do not measure is the quality of the work that the dioceses and parishes are doing. To gain that understanding, the Board is encouraging the USCCB to do random audits of the parishes and to work toward establishing best practices in educational programs, victim care, background checks, and investigation of allegations. During 2007, to provide a model to study for the future, a number of dioceses volunteered to pilot audits at the parish level. The NRB fully supports and encourages these parish audits. As to the adoption of best practices, a Safe Environment Work Group, comprised of bishops, board members, and consultants, completed a major report on safe environment training for children that included studies on the appropriateness of training, its scope, sequence, age and grade appropriateness, and the key elements of Church teaching as it applies to this training. Dioceses and eparchies are encouraged to follow the recommendations made in the report. The NRB made a similar set of recommendations for best practices for diocesan review boards that is presently under consideration by a committee of the USCCB. For the second research project, the Causes and Context Study, John Jay College is once again the principal investigator. Fordham University is collaborating in the research. The USCCB selected the College based on its excellent proposal, expertise in the area, and knowledgeable background, including the completion of the Nature and Scope Study. The research will explore the historical context of the abuse, the seminary training during the historical period, the psychological profiles of the offenders, the responses of the Church, and the nature and consequences of victimization. Fund raising is underway to meet the cost of the $2.6 million study. The final results should be available in 2009 and provide the Church with insights to guide future actions. Challenges That Lie Ahead The most difficult challenges that still face the bishops and the Board are not easily resolved since they involve extremely complex issues. • • • • • One of the most significant issues is the need for a greater understanding of victimization and its consequences. Discussions with victims provide evidence of serious needs that still must be addressed in order for the victims and their families to find the healing that they need. The Board is hopeful the results of the Causes and Context Study will provide needed insights and recommendations. Another set of issues relates to the relationship of the Church to its priests, the vast majority of whom are not involved in the scandal, but many of whom feel alienated from both the bishops and the laity. There is a particular need to provide appropriate protection and restoration for those accused but later found innocent. Other issues include the need for greater speed in the process of determining credibility of allegations and consequent responses, as well as determination of an appropriate role for the Church in the supervision of offenders. During the past few years, it has become apparent to members of the NRB that parishes also become victims of sexual abuse. Members of parishes experience both a sense of betrayal or • outrage over accusations that lead to the removal of a pastor or associate. Often parishioners do not know how to respond to victims and their families and agonize over the lengthy process of determining appropriate responses. This is an area that needs much more attention. Finally, the Board is seeking ways to communicate more effectively to the laity so that members of the Church are both better informed on the positive responses the Bishops have made and more active observers of the programs and processes in their parishes and dioceses. Such communication is vitally important since the work of the National Review Board is strengthened by vigilant parents and parishioners who investigate the presence and quality of the programs in their parishes and dioceses. The obligation to provide safe environments that prevent damage to children, young people, families, parishes, dioceses, and the Church rests with all Catholics. The laity can be assured of the Board’s continuing dedication. We ask in return for your prayers, support, and vigilance. ______________________________________________________________________________________ ARTICLE 11. The President of the Conference is to inform the Holy See of this revised Charter to indicate the manner in which we, the Catholic bishops, together with the entire Church in the United States, intend to continue our commitment to the protection of children and young people. The President is also to share with the Holy See the annual reports on the implementation of the Charter. ________________________________________________________________________ A copy of this Annual Report has been presented to the Holy See as directed by this Article. To Protect the Faithful ________________________________________________________________________ ARTICLE 12. Dioceses/eparchies are to maintain “safe environment” programs which the diocesan/eparchial bishop deems to be in accord with Catholic moral principles. They are to be conducted cooperatively with parents, civil authorities, educators, and community organizations to provide education and training for children, youth, parents, ministers, educators, volunteers, and others about ways to make and maintain a safe environment for children and young people. Dioceses/eparchies are to make clear to clergy and all members of the community the standards of conduct for clergy and other persons in positions of trust with regard to children. Of the 190 dioceses/eparchies who participated in the 2007 compliance audit, ten dioceses were found to be non-compliant with Article 12. Those dioceses are: Archdiocese of Anchorage, Alaska Children, Priests, and Volunteers Diocese of Baker, Oregon Children Diocese of Baton Rouge, Louisiana Children in Religious Education Archdiocese of Boston, Massachusetts Children in Religious Education Eparchy of St. Nicolas, Chicago, Illinois Children in Religious Education Diocese of Las Cruces, New Mexico Children Diocese of Rockville Centre, New York Volunteers Archdiocese of San Francisco, California All categories except Priests, Deacons, and candidates for Ordination Diocese of Tulsa, Oklahoma Children in Religious Education and Volunteers Archdiocese of Military Services Children in Religious Education Article 12 is the most challenging of the articles for the dioceses and one in which the audits identified the most non-compliance. This difficulty has to do with a number of factors: the sheer number of individuals in each category to receive safe environment training; the fluctuation of those numbers; the need to develop and maintain concise record keeping, which, in many cases, is handled by personnel who have a number of other responsibilities; and the time-consuming process of selecting safe environment programs that are age-appropriate and in accord with Catholic moral principles. Also, it is not uncommon for a diocese to use more than one program depending on the age group, which, in turn, places increased demands on the trainers to be able to train to a number of programs. For compliance purposes, the auditors asked each diocese/eparchy to show evidence that the respective individuals who should have received safe environment training had done so. Also, in 2006, the bishops’ Committee for the Protection of Children and Young People heard the concerns of the bishops regarding the criteria for Article 12 compliance. The Committee wished to help each diocese and eparchy to be effective and successful in its efforts to provide safe environment training. Success benefits the children. At the same time, the question at the heart of the discussion was how to judge compliance with the bishops’ commitment to provide training to create and maintain a safe environment. The Committee recognized that while achieving complete training for 100% of children in their programs at any moment in time is the goal they all share and strive for, that benchmark is unattainable due to the many factors beyond their control in their dioceses/eparchies. Thus, the Committee proposed compliance criteria to the Administrative Committee, all of which were accepted. In addition to the diocese/eparchy’s providing the estimated number of personnel in each category and, of that number, how many have received safe environment training, the following questions were asked by the auditors to ascertain Article 12 compliance: 1. a. Does the diocese/eparchy have the curricula and materials to verify that safe environment programs exist for each of the various groups set forth in Article 12? b. Does that documentation include an official letter from the diocese/eparchy promulgating the programs(s)? 2. Does the diocese/eparchy have verification that this training is ongoing by having the number of times and places where safe environment training occurred during the audit year? 3. Does the diocese/eparchy have a calendar of training scheduled through December 31, 2007? 4. Does the diocese/eparchy have documentation from each pastor that the parish has received the required safe environment programs and has implemented them? 5. Does the diocese/eparchy have estimates of how many people are eligible in each category and the approximate number who have received such training? 6. For those parents who choose not to have their child participate in the diocesan/eparchial safe environment training a. Does the diocese/eparchy have documentation of the signed parental declination? b. Does the diocese/eparchy have documentation that the safe environment training materials have been offered to parents? c. If parents refuse to sign any form, has a record been maintained by the parish/diocese/eparchy? Overall, the dioceses/eparchies have done a tremendous job in providing safe environment training to the respective categories enumerated in the Charter. The chart below reflects the safe environment training for 2007: Category Priests Deacons Candidates for Ordination Educators Employees Volunteers Parents Children Number to Be Trained 37,327 14,406 4,986 Number Trained Percentage 37,063 14,350 4,918 99.3 99.6 98.6 163,933 233,517 1,337,079 793,472 5,883,978 162,997 228,792 1,396,561 99.4 98.0 97.9 5,683,940 96.6 Safe environment training will continue to be a challenge for the dioceses/eparchies due to the factors mentioned in the first paragraph. However, the challenges should never outweigh the important need for the Church to create a safe environment for her children and youth. The safe environment training that is being conducted by the Church will hopefully filter into a wider society and serve as a benchmark for all those who have the responsibility to protect those in their care. ________________________________________________________________________ ARTICLE 13. Dioceses/eparchies are to evaluate the background of all incardinated and non-incardinated priests and deacons who are engaged in ecclesiastical ministry in the diocese/eparchy and of all diocesan/eparchial and parish/school or other paid personnel and volunteers whose duties include ongoing, unsupervised contact with minors. Specifically, they are to utilize the resources of law enforcement and other community agencies. In addition, they are to employ adequate screening and evaluative techniques in deciding the fitness of candidates for ordination (cf. United States Conference of Catholic Bishops, Program of Priestly Formation [Fifth Edition], 2006, no. 39). Of the 190 dioceses/eparchies that participated in the 2007 audit process, three dioceses were found to be non-compliant with Article 13. Additionally, an asterisk denotes that the diocese/eparchy achieved compliance with a particular Article after July 1, 2007, but prior to the publication of this Report. Archdiocese of Galveston-Houston, Texas Diocese of Las Cruces, New Mexico Archdiocese of San Francisco, California Volunteers* Employees and Volunteers Employees and Volunteers Background evaluation methodologies vary from diocese/eparchy to diocese/eparchy due to differences in state laws, the budget of the diocese/eparchy, and the number of personnel for whom background evaluations are to be conducted. In the earlier years, the determination of the background evaluation process, identifying all for whom background evaluations should be conducted, the actual process of conducting the evaluations, and the record keeping all experienced growing pains. Now, however, the procedures in these areas seem to have been worked out, and though the task is still large and expensive, overall compliance with this Article does not seem to be the huge difficulty it was in the past. The chart below reflects the background evaluation findings: Category Priests Deacons Candidates for Ordination Educators Employees Volunteers Number to be Checked 37,327 14,406 4,986 163,933 233,517 1,337,079 Number Checked Percentage 37,181 14,371 4,955 99.6 99.8 99.4 163,705 231,260 1,307,973 99.9 99.0 97.8 The percentages show a tremendous effort by the dioceses/eparchies to comply with this Article. A question that now needs to be addressed is how to measure the effectiveness of background evaluations along with the effectiveness of the other safe environment steps the Church has taken. How can this be done? Should questions designed to measure effectiveness be incorporated into the audit process, or should a separate study be conducted for this purpose? OCYP and the NRB are in the process of exploring the best, most useful method. ________________________________________________________________________ ARTICLE 14. Transfers of clergy who have committed an act of sexual abuse against a minor for residence, including retirement, shall be as in accord with Norm 12 of the Essential Norms. (Cf. Proposed Guidelines on the Transfer or Assignment of Clergy and Religious, adopted by the USCCB, the Conference of Major Superiors of Men, the Leadership Conference of Women Religious, and the Council of Major Superiors of Women Religious in 1993.) All dioceses/eparchies that participated in the 2007 audits were found to be compliant with Article 14. The audits reflect that the dioceses/eparchies are very careful to comply with this Article. This is one of the issues in which the Church received a great deal of criticism in the past. The bishops are aware of this criticism and the past wrongs that have been done, which resulted in more tragedies caused by the transfers of clergy who had committed acts of sexual abuse. The policies in the dioceses/eparchies are strong in this area and are strongly monitored. Priests who vacation for extended periods of time in other parts of the country, away from the diocese/eparchy in which they are incardinated, still provide a challenge in this regard. If they are retired, they can move without the knowledge of the bishop of the diocese of their incardination. Many dioceses/eparchies frequented by vacationing priests have established policies requiring parish leaders to verify that a visiting priest has the authorization to perform ministerial services. ________________________________________________________________________ ARTICLE 15. To ensure continuing collaboration and mutuality of effort in the protection of children and young people on the part of the bishops and religious ordinaries, two representatives of the Conference of Major Superiors of Men are to serve as consultants to the Committee for the Protection of Children and Young People. At the invitation of the Major Superiors, the Committee will designate two of its members to consult with its counterpart at CMSM. Diocesan/eparchial bishops and major superiors of clerical institutes or their delegates are to meet periodically to coordinate their roles concerning the issue of allegations made against a cleric member of a religious institute ministering in a diocese/eparchy. All dioceses/eparchies that participated in the 2007 audit were found to be compliant with Article 15. According to Article 15, bishops/eparchs and major superiors of religious institutes are required to communicate with each other when one of their members is being transferred to another diocese/eparchy for residence or for a ministerial assignment. No priest or deacon who has committed an act of sexual abuse of a minor may be transferred for a ministerial assignment to another diocese/eparchy or religious province. Article 15 requires periodic communication between bishops/eparchs and major superiors of religious institutes regarding their respective roles when allegations are brought against a cleric member of a religious institute. Many bishops report that they participate in an annual meeting with major superiors and the bishop at the state or province level. Others host regular meetings of major superiors and also meet with major superiors who do not reside in the diocese when the major superior is visiting the members of his institute working in the diocese. The president and executive director of the Conference of Major Superiors of Men serve as permanent consultants to the Committee for the Protection of Children and Young People. Two representatives of the CPCYP attended the winter meeting of the CMSM executive board. ________________________________________________________________________ ARTICLE 16. Given the extent of the problem of the sexual abuse of minors in our society, we are willing to cooperate with other churches and ecclesial communities, other religious bodies, institutions of learning, and other interested organizations in conducting research in this area. All dioceses/eparchies that participated in the 2007 compliance audits were found to be compliant with Article 16. Article 16 asks that bishops/eparchs demonstrate a willingness to participate in research in the area of sexual abuse of minors being conducted by other churches, religious bodies, or educational institutes. In 2006, 193 dioceses and eparchies participated in the annual CARA survey of allegations and costs. Three dioceses reported participating in research on the effectiveness of safe environment training: one with a university and one with a doctoral student, and the third is initiating its own research. The outcome of these studies will be helpful to the National Review Board. ________________________________________________________________________ ARTICLE 17. We pledge our complete cooperation with the Apostolic Visitation of our diocesan/eparchial seminaries and religious houses of formation recommended in the Interdicasterial Meeting with the Cardinals of the United States and the Conference Officers in April 2002. We commit ourselves to work individually in our dioceses/eparchies and together as a Conference, through the appropriate committees, to strengthen our programs both for initial priestly formation and for the ongoing formation of priests. With new urgency, we will promote programs of human formation for chastity and celibacy for both seminarians and priests based upon the criteria found in Pastores Dabo Vobis, the Program of Priestly Formation, and the Basic Plan for the Ongoing Formation of Priests. We will continue to assist priests, deacons, and seminarians in living out their vocation in faithful and integral ways. We bishops and eparchs commit ourselves to work as one with our brother priests and deacons to foster reconciliation among all people in our dioceses/eparchies, especially with those individuals who were themselves abused and the communities that have suffered because of the sexual abuse of minors that occurred in their midst. All dioceses/eparchies that participated in the 2007 audit were found to be compliant with Article 17. The Apostolic Visitation of Seminaries and Houses of Religious Formation was completed in 2005. Programs for human formation for chastity and celibacy are in place in the dioceses and eparchies. The audit results indicate that dioceses/eparchies continue to reach out to faith communities that are directly impacted by allegations of clergy sexual abuse. This is especially common when an allegation results in the removal of a clergyman currently serving the community. This outreach includes listening sessions, healing Masses, and/or a letter from the bishop/eparch to the affected community. When follow-up care is also provided, it is based on the needs of the faith community. In addition to reaching out to parishes and faith communities, many bishops reach out to the lay faithful by holding public Masses/prayer services for the healing of victims of clergy sexual abuse. Center for Applied Research in the Apostolate Georgetown University Washington, DC 2007 Survey of Allegations and Costs: A Summary Report for the Office of Child and Youth Protection United States Conference of Catholic Bishops February 2008 Mary L. Gautier, Ph.D. Mary E. Bendyna, RSM, Ph.D. Center for Applied Research in the Apostolate Georgetown University Washington, DC 2007 Survey of Allegations and Costs: A Summary Report for the Office of Child and Youth Protection United States Conference of Catholic Bishops Introduction At their Fall General Assembly in November 2004, the United States Conference of Catholic Bishops (USCCB) commissioned the Center for Applied Research in the Apostolate (CARA) at Georgetown University to design and conduct an annual survey of all the dioceses and eparchies whose bishops or eparchs are members of the USCCB. The purpose of this survey is to collect information annually on new allegations of sexual abuse of minors and the clergy against whom these allegations were made. The survey also gathers information on the amount of money dioceses and eparchies have expended as a result of allegations as well as the amount they have paid for child protection efforts. The national level aggregate results from this survey for each calendar year are prepared for the USCCB and reported in its Annual Report of the Implementation of the “Charter for the Protection of Children and Young People.” The questionnaire for the 2007 Annual Survey of Allegations and Costs was designed by CARA in consultation with the Office of Child and Youth Protection and was only slightly different from the versions used in 2004, 2005, and 2006. As in previous years, CARA prepared an online version of the survey and hosted it on the CARA website. Bishops and eparchs received information about the process for completing the survey in their December 1 packet mailing and were asked to provide the name of a contact person who would complete the survey. In collaboration with the Conference of Major Superiors of Men (CMSM), major superiors of clerical and mixed religious institutes were also invited to complete a similar survey for their congregations, provinces, or monasteries. CARA completed data collection for the 2007 annual survey on February 1, 2008. A total of 194 of the 195 dioceses and eparchies of the USCCB completed the survey, for a response rate of more than 99 percent. The Diocese of Lincoln was the only diocese that declined to participate. A total of 159 of the 218 clerical and mixed religious institutes that belong to CMSM responded to the survey, for a response rate of 73 percent. The overall response rate for dioceses, eparchies, and religious institutes was 85 percent, the highest response rate ever achieved for this survey. CARA then prepared the national level summary tables and graphs of the findings for calendar year 2007, with tables comparing allegations and costs from 2004-2006, which are presented in this report. Dioceses and Eparchies The Data Collection Process Dioceses and eparchies began submitting their data for the 2007 survey in mid-December 2007. CARA contacted every diocese or eparchy that had not sent in a contact name by January 1, 2008 to obtain the name of a contact person to complete the survey. CARA sent several email and fax reminders to encourage a high response rate. By February 1, 2008, a total of 194 of the 195 dioceses and eparchies of the USCCB had responded to the survey, for a response rate of more than 99 percent. The Diocese of Lincoln was the only diocese that declined to participate. The participation rate among dioceses and eparchies has increased each year of this survey, from 93 percent in 2004 to 94 percent in 2005, 99 percent in 2006, and nearly total participation in 2007 (194 of the 195 possible). A copy of the survey instrument for dioceses and eparchies is included in this report at Appendix I. Credible Allegations Received by Dioceses and Eparchies in 2007 The responding dioceses and eparchies reported that between January 1 and December 31, 2007, they received 599 new credible allegations of sexual abuse of a minor by a diocesan or eparchial priest or deacon. These allegations were made by 598 individuals against 415 priests or deacons. As Table 1 shows, each of these numbers (except the number of offenders) represents a decline from the numbers reported in the previous three years, even though a slightly larger number of dioceses and eparchies responded to the survey each year. Table 1. New Credible Allegations Reported by Dioceses and Eparchies Victims Allegations Offenders 2004 2005 2006 2007 Change (+/-) 2006-2007 889 898 622 690 695 463 632 635 394 598 599 415 -34 -36 +21 Sources: Annual Survey of Allegations and Costs, 2004-2007 Percentage Change -5% -6% +5% Compared to 2006, new reports of allegations declined by 6 percent (from 635 new credible allegations in 2006 to 599 new credible allegations in 2007). The number of alleged offenders increased by 5 percent, from 394 alleged offenders reported in 2006 to 415 alleged offenders reported in 2007. Of the 599 new allegations reported in 2007, four allegations (less than 1 percent), involved children under the age of 18 in 2007. The remaining 595 allegations were made by adults who are alleging abuse as minors in previous years. By comparison, 14 allegations in 2006 (2 percent of all new allegations received in 2006), nine allegations in 2005 (1 percent of all new allegations received in 2005), and 22 allegations in 2004 (2 percent of new allegations received in 2004) involved children under the age of 18 in each of those years. Figure 1 illustrates the way in which allegations were reported to the dioceses or eparchies in 2007. More than half of all new allegations (60 percent) were reported by the victim and about a quarter (26 percent) were reported by an attorney. Figure 1. Method of Reporting Allegations of Abuse: Dioceses and Eparchies Bishop of Another Diocese Other 2% 2% Law Enforcement 1% Attorney 26% Friend 1% Victim 60% Family 8% Source: 2007 Survey of Allegations and Costs Compared to 2006, there are few differences in who reported the allegations: • • • • • The percentage of victim-reported allegations is higher in 2007 (60 percent compared to 55 percent in 2006). Allegations reported by family members are the same in 2006 and 2007. The percentage of allegations reported by attorneys was slightly higher in 2007 than in 2006 (26 percent, compared to 24 percent in 2006). Law enforcement reported 1 percent of allegations in 2007 and 2 percent in 2006. A friend of the victim reported 1 percent of allegations in 2007, just as in 2006. • • A bishop of another diocese reported 3 percent of allegations in 2006 and 2 percent of allegations in 2007. Two percent of all allegations were reported by someone other than the victim, an attorney, a family member, a friend, law enforcement, or a bishop from another diocese, compared to 7 percent in 2006. Some of these other persons reporting allegations included other priests, victim assistance coordinators, or private investigators. Figure 2 presents the percentage of all new allegations of abuse that were cases involving solely child pornography. Of the 599 total allegations, one allegation involved only child pornography. Figure 2. Percentage of Allegations Involving Only Child Pornography: Dioceses and Eparchies Allegations 99.8% Child Pornography 0.2% Source: 2007 Survey of Allegations and Costs Compared to 2006, dioceses and eparchies reported fewer new credible allegations that involve only child pornography in 2007. Victims, Offenses, and Offenders in 2007 Of the 598 alleged victims reported in 2007, 82 percent (484 victims) were male and 18 percent (108 victims) were female. This proportion is illustrated in Figure 3. Figure 3. Sex of Abuse Victim: Dioceses and Eparchies Female 18% Male 82% Source: 2007 Survey of Allegations and Costs The proportion of male and female victims is nearly identical to that reported in 2006 (80 percent males and 20 percent females). A little more than half of the victims (53 percent) were between the ages of 10 and 14 when the alleged abuse began. About one in five (21 percent) were between the ages of 15 and 17, while 14 percent were younger than age 10. The age could not be determined for about 10 percent of victims. Figure 4 presents the distribution of victims by age at the time the alleged abuse began. Figure 4. Age of Victim When Abuse Began: Dioceses and Eparchies 350 319 300 Number of Victims 250 200 150 126 100 86 50 60 0 Age 9 or Less Source: 2007 Survey of Allegations and Costs Age 10-14 Age 15-17 Age Unknown Figure 5 shows the years in which the abuse reported in 2007 was alleged to have occurred or begun. For the majority of new allegations (59 percent), the abuse occurred or began between 1960 and 1979. The most common time period for allegations reported in 2007 was 1970-1979. In 2006, dioceses and eparchies reported that 1965-1969 was the most common time period for the alleged occurrences, while in both 2004 and 2005, 1970-1974 was the most common time period reported. For 3 percent of new allegations reported in 2007, no time frame for the alleged abuse could be determined by the allegation. Figure 5. Year Alleged Offense Occurred or Began: Dioceses and Eparchies 120 100 105 93 Reported Number 80 83 73 60 54 40 54 49 33 20 18 16 7 7 4 4 0 1954 or Earlier 1955-1959 1960-1964 1965-1969 1970-1974 1975-1979 1980-1984 1985-1989 1990-1994 1995-1999 2000-2004 2005-2006 Source: 2007 Survey of Allegations and Costs 2007 Year Unknown Of the 415 diocesan or eparchial priests or deacons that were identified in new allegations in 2007, most (84 percent) had been ordained for the diocese or eparchy in which the abuse was alleged to have occurred. Five percent were incardinated into that diocese or eparchy from another diocese or eparchy, and 3 percent were extern priests, serving the diocese in a temporary capacity. Four of the alleged perpetrators (1 percent) identified new allegations in 2007 were permanent deacons. Figure 6 displays the ecclesial status of offenders at the time of the alleged offense. Figure 6. Ecclesial Status of Alleged Perpetrator: Dioceses and Eparchies Incardinated Priest 5% U.S. Extern Priest 3% Foreign Extern Priest 3% Permanent Deacon 1% Diocesan Priest 84% Source: 2007 Survey of Allegations and Costs Other 4% More than six in ten (257) of the 415 priests and deacons identified as alleged offenders in 2007 had already been identified in prior allegations. In 2006, 57 percent of the alleged offenders had been identified in previous allegations. Figure 7 depicts the percentage with prior allegations in 2007, compared to 2006. Figure 7. Percentage of Alleged Perpetrators with Prior Allegations: Dioceses and Eparchies 100% Percentage of Alleged Perpetrators 90% 80% 43% 38% 70% 60% 50% 40% 30% 57% 62% 20% 10% 0% 2006 Prior Allegation(s) Sources: 2006 and 2007 Survey of Allegations and Costs 2007 No Prior Allegation Nearly eight in ten alleged offenders (78 percent) identified in 2007 are deceased, already removed from ministry, already laicized, or missing. Another 24 priests or deacons (6 percent) were permanently removed from ministry in 2007. In addition to the 24 offenders identified in 2007 and permanently removed from ministry in 2007, another 51 priests or deacons who had been identified in allegations of abuse before 2007 were permanently removed from ministry in 2007. A total of 14 priests or deacons were returned to ministry in 2007 based on the resolution of an allegation made during or prior to 2007 (three who were identified in 2007 and 11 who were identified before 2007). In addition, 118 priests or deacons (27 who were identified in 2007 and 91 who were identified before 2007) have been temporarily removed from ministry pending completion of an investigation. Notwithstanding the year in which the abuse was reported, 29 diocesan and eparchial clergy remain in active ministry pending a preliminary investigation of an allegation (nine who were identified in 2007 and 20 who were identified prior to 2007). Figure 8 shows the current status of alleged offenders. Figure 8. Current Status of Alleged Perpetrators: Dioceses and Eparchies 350 300 Allegation prior to 2007 Allegation in 2007 322 Reported Number 250 200 150 100 91 50 51 24 0 11 27 20 Temporarily Removed Pending Completion of Investigation Still Active Pending Investigation 9 3 Deceased, Already Removed, or Missing Permanently Removed Source: 2007 Survey of Allegations and Costs Returned to Minisry Of the 599 new credible allegations reported in 2007, fewer than one in ten (43 new allegations) was unsubstantiated or determined to be false by December 31, 2007. In addition, 33 allegations received prior to 2007 were unsubstantiated or determined to be false during 2007. Figure 9 presents the percentage of all new credible allegations received in 2007 that were unsubstantiated or determined to be false in 2007, compared to the same two groups in 2006. Figure 9. New Allegations Unsubstantiated or Determined to be False: Dioceses and Eparchies 100% 90% 80% Percentage of Allegations 70% 60% 89% 93% 50% 40% 30% 20% 10% 11% 7% 0% 2006 Unsubstantiated or Determined to be False Sources: 2006 and 2007 Survey of Allegations and Costs 2007 Remain Credible Costs to Dioceses and Eparchies in 2007 Dioceses and eparchies that responded to the survey and reported costs related to allegations paid out $498,678,858 in 2007. This includes payments in 2007 for allegations reported in previous years. Thirty-two responding dioceses and eparchies reported no expenditures in 2007 related to allegations of sexual abuse of a minor. Only two responding dioceses declined to report expenditures. Table 3 compares payments by dioceses and eparchies from 2004 through 2007 across several categories of allegation-related expenses. The total cost reported by dioceses and eparchies in 2007 is $165,708,299 more than that reported in 2006. Table 2. Costs Related to Allegations by Dioceses and Eparchies 2004 2005 2006 2007 Change (+/-) 2006-2007 $93,364,172 $386,010,171 $220,099,188 $420,385,135 +$200,285,947 Therapy for Victims $6,613,283 $7,648,226 $9,731,815 $7,243,663 -$2,488,152 Support for Offenders $1,413,093 $11,831,028 $30,362,609 $13,347,981 -$17,014,628 $32,706,598 $36,467,516 $69,780,366 $53,394,074 -$16,386,292 $5,485,011 $3,729,607 $2,996,581 $4,308,005 +$1,311,424 $139,582,157 $445,686,548 $332,970,559 $498,678,858 +$165,708,299 Settlements Attorneys' Fees Other Costs GRAND TOTAL Sources: Annual Survey of Allegations and Costs, 2004-2007 Most of the payments by dioceses and eparchies in 2007 (84 percent) were for settlements to victims. Attorneys’ fees contributed an additional 11 percent of the total cost ($53,394,074).1 Support for offenders (including therapy, living expenses, legal expenses, etc.) amounted to another 3 percent of allegation-related costs ($13,347,981).2 An additional 1 percent of the total cost was for payments for therapy for victims (if not included in the settlement). Among the “other” costs reported by dioceses and eparchies ($4,308,005) are payments for items such as investigations of allegations, medical costs and other support for victims or survivors, costs for mediation, other payments related to settlements, travel expenses for victims, costs for victims’ assistance offices and victim hotlines, clergy misconduct review boards, canonical trials and case processing, and USCCB compliance audit costs. 1 Attorneys’ fees include all costs for attorneys paid by dioceses and eparchies in 2007 as the result of allegations of sexual abuse of a minor. 2 This reported cost increased substantially after 2004, largely due to a change in question wording. In 2005, the question was changed from “Payments for therapy for offenders” to “Payments for support for offenders (including living expenses, legal expenses, therapy, etc.)” to more accurately capture the full costs to dioceses and eparchies for support of alleged offenders. Figure 10 displays the costs paid by dioceses and eparchies for settlements and for attorneys’ fees from 2004 through 2007. Figure 10. Payments for Settlements and Attorneys' Fees: Dioceses and Eparchies $450,000,000 2004 2005 2006 $420,385,135 $400,000,000 $386,010,171 2007 $350,000,000 Amount Paid $300,000,000 $250,000,000 $220,099,188 $200,000,000 $150,000,000 $100,000,000 $93,364,172 $69,780,366 $50,000,000 $53,394,074 $32,706,598 $36,467,516 $0 Settlements Attorneys' Fees Sources: Annual Survey of Allegations and Costs, 2004-2007 Compared to 2006, amounts paid for settlements in 2007 increased by 54 percent. By contrast, the amount paid for support for offenders (not shown in the figure) decreased by 52 percent from 2006 and the amount paid in attorneys’ fees declined by 20 percent. Figure 11. Proportion of Total Allegation-related Costs Paid by Insurance: Dioceses and Eparchies $600,000,000 Insurance payments covered approximately 34 percent of total allegation-related costs to Dioceses and Eparchies in 2007. $500,000,000 $498,678,858 2004 2005 2006 2007 $445,686,548 Total Paid $400,000,000 $332,970,559 $300,000,000 $231,688,585 $200,000,000 $171,736,862 $100,000,000 $139,582,157 $90,178,740 $44,984,107 $0 Total Allegation-related Costs Paid by Insurance Sources: Annual Survey of Allegations and Costs, 2004-2007 Figure 11 illustrates the total allegation-related costs paid by dioceses and eparchies and the approximate proportion of those costs that were covered by diocesan insurance. Just over a third (34 percent) of the total allegation-related costs paid by dioceses and eparchies in 2007 were covered by diocesan insurance. By comparison, insurance paid for just over a quarter (27 percent) of the total allegation-related costs paid by dioceses and eparchies in 2006, nearly half (49 percent) in 2005 and a third (32 percent) in 2004. Figure 12. Costs for Settlements and Child Protection Efforts: Dioceses and Eparchies $600,000,000 2004 2005 2006 2007 $500,000,000 $498,678,858 $445,686,548 $400,000,000 $332,970,559 $300,000,000 $200,000,000 $100,000,000 $139,582,157 $19,785,325 $19,218,671 $25,573,162 $21,039,970 $0 Total Allegation-related Costs Child Protection Efforts Sources: Annual Survey of Allegations and Costs, 2004-2007 In addition to allegation-related expenditures, at least $21,039,970 was spent by dioceses and eparchies for child protection efforts such as safe environment coordinators, training programs, and background checks. Figure 12 compares the allegation-related costs to child protection expenditures paid by dioceses and eparchies from 2004 through 2007. Clerical and Mixed Religious Institutes The Conference of Major Superiors of Men (CMSM) also encouraged the major superiors of clerical and mixed religious institutes to complete a survey for their congregations, provinces, or monasteries. This survey was nearly identical to the survey for dioceses and eparchies and was also available online at the same site as the survey for dioceses and eparchies. CMSM sent a letter and a copy of the survey to all member major superiors on December 1, 2007 to ask them to participate. CARA and CMSM also sent several e-mail and fax reminders to major superiors to encourage their participation. By February 1, 2007, CARA received responses from 159 of the 218 clerical and mixed religious institutes that belong to CMSM, for a response rate of 73 percent. This is a higher response rate than in the previous three years of the survey (68 percent in 2006, 67 percent in 2005, and 71 percent in 2004). A copy of the survey instrument for religious institutes is included at Appendix II. Credible Allegations Received by Clerical and Mixed Religious Institutes in 2007 The responding clerical and mixed religious institutes reported that between January 1 and December 31, 2007, they received 92 new credible allegations of sexual abuse of a minor committed by a priest or deacon of the community. These allegations were made against 76 individuals who were priest or deacon members of the community at the time the offense was alleged to have occurred. Table 3 presents these numbers and the comparable numbers reported in 2004, 2005, and 2006. New reports of allegations have increased by 16 percent from 2006 and the number of alleged offenders also increased, by 41 percent. Table 3. New Credible Allegations Reported by Religious Institutes Victims Allegations Offenders 2004 2005 2006 2007 Change (+/-) 2006-2007 194 194 134 87 88 69 78 79 54 91 92 76 13 13 22 Percentage Change 17% 16% 41% Sources: Annual Survey of Allegations and Costs, 2004-2007 Of the total number of new allegations reported in 2007, one allegation involved a child under the age of 18 in 2007. All other allegations were made by adults who are alleging abuse as minors in previous years. Figure 13 displays the way in which allegations were reported to the religious institutes in 2007. Close to two in five (38 percent) were reported by the victim and another 30 percent were reported to the religious institute by a bishop or eparch, most typically from the diocese or eparchy in which the accused offender was serving at the time the alleged abuse occurred. Figure 13. Method of Reporting Allegations of Abuse: Religious Institutes Other 10% Victim 38% Bishop/Eparch 30% Family 4% Law Enforcement 0% Attorney 16% Friend 2% Source: 2007 Survey of Allegations and Costs Compared to 2006, the proportion of all allegations that were reported by bishops or eparchs increased and the proportion reported by attorneys decreased. These percentage changes, however, are the result of small differences in the number of allegations within the categories because the total number of allegations reported by religious institutes (92) is much smaller than the total number reported by dioceses and eparchies (599). Some of the differences in reporting between 2006 and 2007 include: • • • • • • • The percentage of allegations reported by victims is nearly identical in 2006 and 2007. Attorneys reported 16 percent of allegations in 2007, compared to 39 percent of allegations in 2006. A bishop or eparch reported 30 percent of allegations in 2007, compared to 14 percent in 2006. Family members reported an equal percentage of allegations in 2006 and 2007. A friend of the victim reported 2 percent of allegations in 2007 and 1 percent in 2006. None of the allegations in 2007 were reported by law enforcement. Ten percent of new credible allegations were reported by “Other” in 2007, compared to 3 percent in 2006. Figure 14 presents the percentage of all new allegations of abuse that were cases involving solely child pornography. Of the 89 new allegations, one involved child pornography only. Similarly, one allegation in 2006, one in 2005, and none in 2004 involved only child pornography. Figure 14. Percentage of Allegations Involving Only Child Pornography: Religious Institutes Allegations 98.9% Source: 2007 Survey of Allegations and Costs Child Pornography 1.1% Victims, Offenses, and Offenders in 2007 More than three in four victims reported in 2007 were male (69 victims) and about one in four (20 victims) was female. This proportion is displayed in Figure 15. Figure 15. Sex of Abuse Victim: Religious Institutes Female 22% Male 78% Source: 2007 Survey of Allegations and Costs By comparison, in 2006 religious institutes reported that 66 percent of the alleged victims were male and 34 percent were female. Four in ten victims (42 percent) were ages 10 to 14 when the alleged abuse began. A third (34 percent) were between 15 and 17, while approximately one in seven (14 percent) was under age 10. The age of the victim could not be determined for seven of the new allegations. Figure 16 presents the distribution of victims by age at the time the alleged abuse began. Figure 16. Age of Victim When Abuse Began: Religious Institutes 40 38 35 Number of Victims 30 31 25 20 15 13 10 7 5 0 Age 9 or Less Source: 2007 Survey of Allegations and Costs Age 10-14 Age 15-17 Age Unknown The majority of the new allegations reported in 2007 (63 percent) are alleged to have occurred or begun between 1965 and 1984. Religious institutes reported that 1970-1979 was the most common time period for the alleged occurrences, just as they reported in 2006. In both 2005 and 2004, religious institutes reported that the most common time period for the alleged offenses was 1965-1969. In 2007, nearly two in five newly reported allegations (38 percent) were said to have occurred or begun between 1970 and 1979. Figure 17 illustrates the years when the allegations reported in 2007 were said to have occurred or begun. Figure 17. Year Alleged Offense Occurred or Began: Religious Institutes 20 19 18 16 16 Reported Number 14 12 12 11 10 11 8 6 6 5 4 4 3 2 1 0 0 1 1 2000-2004 2005-2006 2007 Year Unknown 0 1954 or Earlier 1955-1959 1960-1964 Source: 2007 Survey of Allegations and Costs 1965-1969 1970-1974 1975-1979 1980-1984 1985-1989 1990-1994 1995-1999 Of the 76 religious priests and deacons against whom new allegations were made in 2007, most were priests of a U.S. province or community, serving in the United States at the time the abuse was alleged to have occurred (81 percent). Figure 18 displays the ecclesial status of offenders at the time of the alleged abuse. Figure 18. Ecclesial Status of Alleged Perpetrator: Religious Institutes Priest of This Province Outside U.S. 3% Religious Priest Formerly in This Province 11% Deacon of This Province 1% Other 4% Priest of Province Serving in U.S. 81% Source: 2007 Survey of Allegations and Costs One in ten alleged offenders (11 percent) were priests who were members of the province at the time of the alleged abuse but who are no longer a member of the religious institute. Three percent were priests of the province who were assigned outside of the United States at the time of the alleged abuse. One percent of the alleged offenders were deacons at the time the alleged abuse occurred. A majority (61 percent) of the religious priests or deacons against whom new allegations were made in 2007 had no prior allegations. About four in ten had already been the subject of previous allegations in prior years. This is the reverse of the pattern in 2006, when the majority (61 percent) of the alleged perpetrators had already been the subject of previous allegations against them. Figure 19 presents the proportions for 2007. compared to 2006. Figure 19. Percentage of Alleged Perpetrators with Prior Allegations: Religious Institutes 100% 90% Percentage of Alleged Perpetrators 80% 39% 70% 61% 60% 50% 40% 30% 61% 20% 39% 10% 0% 2006 2007 Prior Allegations Sources: 2006 and 2007 Survey of Allegations and Costs No Prior Allegations Nearly even in ten alleged offenders identified in 2007 (52 priests or deacons) were deceased, had already been removed from ministry, or had already left the religious institute at the time the allegation was reported. Another 7 percent of alleged offenders identified in 2007 (five priests or deacons) were permanently removed from ministry in 2007. Figure 20 displays the current status of alleged offenders. Figure 20. Current Status of Alleged Perpetrators: Religious Institutes 60 Reported Number 50 Allegation prior to 2007 Allegation in 2007 52 40 30 21 20 12 10 2 7 3 Temporarily Removed Pending Completion of Investigation Still Active Pending Investigation 5 0 1 1 Deceased, Already Removed, or Missing Permanently Removed Returned to Minisry Sources: Annual Survey of Allegations and Costs, 2004-2007 In addition to the five offenders identified in 2007 and permanently removed from ministry in 2007, another 12 priests or deacons who had been identified in allegations of abuse before 2007 were permanently removed from ministry in 2007. Three priests or deacons were returned to ministry in 2007 based on the resolution of an allegation made in 2007 or earlier. In addition, 28 religious priests or deacons (seven who were identified in 2007 and 21 who were identified before 2007) were temporarily removed pending completion of an investigation. Notwithstanding the year in which the abuse was reported, four remain in active ministry pending a preliminary investigation of an allegation (three identified in allegations made in 2007 and one identified in an allegation from a previous year). Of the 92 new allegations reported to religious institutes in 2007, 15 percent (14 new allegations) were determined to be unsubstantiated by December 31, 2007. In addition, 18 allegations received prior to 2007 were determined to be unsubstantiated during 2007. Figure 21 presents the percentage of all new allegations received in 2007 that were determined to be unsubstantiated in 2007 and compares it with the same data for 2006. Figure 21. New Allegations Unsubstantiated or Determined to be False: Religious Institutes 100% 90% 80% Percentage of Allegations 70% 60% 90% 85% 50% 40% 30% 20% 10% 10% 15% 0% 2006 Unsubstantiated or Determined to be False Sources: 2006 and 2007 Survey of Allegations and Costs 2007 Remain Credible Costs to Clerical and Mixed Religious Institutes in 2007 The responding clerical and mixed religious institutes reported $116,485,831 paid out in 2007 for costs related to allegations. This includes costs paid in 2007 for allegations reported in previous years. Table 4 compares the payments by religious institutes from 2004 through 2007 across several categories of allegation-related expenses. The total reported allegation-related costs to clerical and mixed religious institutes is over $50 million more in 2007 than in 2006. Table 4. Costs Related to Allegations by Religious Institutes 2004 2005 2006 2007 Change (+/-) 2006-2007 $12,877,637 $13,027,285 $57,114,232 $105,841,148 +$48,726,916 Therapy for Victims $793,053 $755,971 $913,924 $691,775 -$222,149 Support for Offenders $456,237 $1,838,110 $1,905,534 $2,097,993 +$192,459 $3,544,847 $4,784,124 $5,374,850 $7,073,540 +$1,698,690 $548,880 $841,434 $318,595 $781,375 +$462,780 $18,220,654 $21,246,924 $65,627,135 $116,485,831 +$50,858,696 Settlements Attorneys' Fees Other Costs GRAND TOTAL Sources: Annual Survey of Allegations and Costs, 2004-2007 Most of the payments by religious institutes in 2006 (91 percent) were for settlements to victims. Attorneys’ fees were an additional $7,073,540 (6 percent of all costs related to allegations reported by religious institutes). Support for offenders (including therapy, living expenses, legal expenses, etc.) amounted to $2,097,993 (2 percent).3 An additional $691,775 (1 percent) was for payments for therapy for victims (if not included in the settlement). Payments designated as “other costs” reported by religious institutes ($781,375) included victim assistance programs, support for families of victims, consultants and investigators, external review board, Praesidium expenses, and participation in the settlement for the Archdiocese of Los Angeles. 3 The difference in cost here between 2004 and later years is largely attributable to a change in question wording in 2005. See the explanation in the previous footnote. Figure 22 illustrates the settlement-related costs and attorneys’ fees paid by religious institutes from 2004 through 2007. Four religious institutes with relatively large settlements in 2007 account for 70 percent of the settlement costs in that year. Figure 22. Payments for Settlements and Attorneys' Fees: Religious Institutes $120,000,000 2004 2005 2006 2007 $105,841,148 $100,000,000 Amount Paid $80,000,000 $60,000,000 $57,114,232 $40,000,000 $20,000,000 $12,877,637 $13,027,285 $3,544,847 $4,784,124 $5,374,850 $0 Settlements Sources: Annual Survey of Allegations and Costs, 2004-2007 Attorneys' Fees $7,073,540 Figure 23 displays the total allegation-related costs paid by religious institutes from 2004 through 2007 and the proportion of those costs that were covered by insurance. Approximately 34 percent of the total allegation-related costs paid by religious institutes in 2007 were covered by insurance. By comparison, 23 percent of the total allegation-related costs in 2006, 13 percent in 2005, and 12 percent in 2004 were covered by insurance. Figure 23. Approximate Percentage of Total Paid by Insurance: Religious Institutes $140,000,000 Insurance payments covered approximately 34 percent of total allegation-related costs to religious institutes in 2007. $120,000,000 2004 2005 2006 2007 $116,485,831 Total Paid $100,000,000 $80,000,000 $65,627,135 $60,000,000 $40,000,000 $39,491,760 $20,000,000 $18,220,654 $21,246,924 $2,225,118 $0 Total Allegation-related Costs Sources: Annual Survey of Allegations and Costs, 2004-2007 $2,804,158 $14,939,817 In addition to allegation-related expenditures, religious institutes spent $1,113,175 for child protection efforts, such as training programs and background checks. This is slightly less than the amount paid by religious institutes in 2006, but substantially more than the amount paid in previous years. Figure 24 compares the settlement-related costs and child protection expenditures paid by religious institutes in 2004 through 2007. Figure 24. Costs for Settlements and Child Protection Efforts: Religious Institutes $120,000,000 2004 2005 2006 2007 $116,485,831 $100,000,000 $80,000,000 $65,627,135 $60,000,000 $40,000,000 $20,000,000 $18,220,654 $21,246,924 $418,084 $836,313 $1,428,569 $0 Total Allegation-related Costs Sources: Annual Survey of Allegations and Costs, 2004-2007 Child Protection Efforts $1,113,175 Total Responses of Dioceses, Eparchies, and Clerical and Mixed Religious Institutes Tables 5, 6, and 7 present the combined total responses of dioceses, eparchies, and clerical and mixed religious institutes. These tables depict the total number of allegations, victims, offenders, and costs as reported by both groups. In addition, these tables also show the same combined figures for 2004 through 2006 so that changes in the totals between 2004 and 2007 can be compared. Table 5. New Credible Allegations Reported Combined Totals Victims Allegations Offenders 2004 2005 2006 2007 Change (+/-) 2006-2007 1,083 1,092 756 777 783 532 710 714 448 689 691 491 -21 -23 +43 Percentage Change -3% -3% +10% Sources: Annual Survey of Allegations and Costs, 2004-2007 As Table 5 shows, the total number of new allegations and victims decreased each year from 2004 through 2007. The total number of alleged offenders decreased each year between 2004 and 2006, but increased by 43 between 2006 and 2007. Compared to 2006, the number of new victims and new allegations are each down by 3 percent, while the total number of offenders named in those new allegations is up by 10 percent. Table 6. Costs Related to Allegations Combined Totals 2004 2005 2006 2007 Change (+/-) 2006-2007 $106,241,809 $399,037,456 $277,213,420 $526,226,283 +$249,012,863 Therapy for Victims $7,406,336 $8,404,197 $10,645,739 $7,935,438 -$2,710,301 Support for Offenders $1,869,330 $13,669,138 $32,268,143 $15,445,974 -$16,822,169 $36,251,445 $41,251,640 $75,155,216 $60,467,614 -$14,687,602 $6,033,891 $4,571,041 $3,315,176 $5,089,380 +$1,774,204 $157,802,811 $466,933,472 $398,597,694 $615,164,689 +$216,566,995 Settlements Attorneys' Fees Other Costs GRAND TOTAL Sources: Annual Survey of Allegations and Costs, 2004-2007 Although the total number of new allegations declined from 2004 to 2007, Table 6 shows that the total costs related to allegations has increased from 2004 through 2007, with a slight dip in 2006. The total allegation-related expenditures by dioceses, eparchies, and clerical and mixed religious institutes increased by 54 percent between 2006 and 2007. However, most of the increase was the result of a near-doubling (90 percent increase) in the amount paid for settlements in 2007. The cost for support for offenders declined by 52 percent between 2006 and 2007, the amount paid for therapy for victims declined by 25 percent, and the amount paid for attorneys’ fees decreased by 20 percent. Other costs increased by 54 percent. Table 7. Costs for Settlements and Child Protection Combined Totals Settlement-related Child Protection Efforts 2004 $157,802,811 $20,199,409 2005 $466,933,472 $20,054,984 2006 $398,597,694 $27,001,731 2007 $615,164,689 $22,153,145 Change (+/-) 2006-2007 +$216,566,995 -$4,848,586 Sources: Annual Survey of Allegations and Costs, 2004-2007 Table 7 compares the total costs for allegation-related expenses and the amount expended for child protection efforts from 2004 through 2007. While the total amount spent for allegationrelated expenses increased by 54 percent between 2006 and 2007, the total amount reported for child protection efforts decreased by 18 percent between 2006 and 2007. APPENDIX I: QUESTIONNAIRE FOR DIOCESES AND EPARCHIES Center for Applied Research in the Apostolate 2007 Annual Survey of Allegations and Costs This questionnaire is designed to survey dioceses and eparchies about credible accusations of abuse and the costs in dealing with these allegations. The results will be used to demonstrate progress in implementing the Charter for the Protection of Children and Young People and reducing the incidence of sexual abuse within the Church. All data collected here are entirely confidential. Only national aggregate results will be reported. ALL DATA REPORTED HERE REFER TO THE PRECEDING CALENDAR YEAR – JANUARY 1-DECEMBER 31, 2007. ALLEGATIONS NOTE: An allegation is defined as one victim alleging an act or acts of abuse by one alleged perpetrator. Only credible allegations (those that bear the “semblance of truth”) are appropriate for inclusion in this survey. 599 1. Total number of new credible allegations of sexual abuse of a minor reported against a priest or deacon in the diocese between January 1 and December 31, 2007. (Do not include clergy that are members of religious institutes as they will be reported by their religious institutes). 1 2. Of the total number in item 1, the number of allegations that involved only child pornography. Of the total number in item 1, the number that were first reported to the diocese/eparchy by: Choose only one category for each allegation. (The sum of items 3-9 should equal item 1). 365 3. Victim. 4 7. Law enforcement. 46 4. Family member of the victim. 13 8. Bishop or official from another diocese. 7 5. Friend of the victim. 10 9. Other:___________________________________. 154 6. Attorney. Of the total number in item 1 (excluding the solely child pornography cases), the number of alleged victims that are: 484 10. Male. 108 11. Female. Of the total number in item 1 (excluding the solely child pornography cases), the number of alleged victims in each age category when the alleged abuse began: (Choose only one category for each allegation). 86 12. 0-9. 319 13. 0-14. 126 14. 15-17. 60 15. Age unknown. Of the total number in item 1, the number that are alleged to have begun in: Choose only one category for each allegation. (The sum of items 16-29 should equal item 1). 49 16. 1954 or earlier. 93 21. 1975-1979. 7 26. 2000-2004. 54 17. 1955-1959. 54 22. 1980-1984. 4 27. 2005-2006. 83 18. 1960-1964. 33 23. 1985-1989. 4 28. 2007. 73 19. 1965-1969. 16 24. 1990-1994. 18 29. Time period unknown. 105 20. 1970-1974. 7 25. 1995-1999. 43 30a. 33 30b. Total number of new credible allegations received between January 1 and December 31, 2007 that were unsubstantiated or determined to be false by December 31, 2007. Total number of credible allegations received prior to January 1, 2007 that were unsubstantiated or determined to be false between January 1 and December 31, 2007. ALLEGED PERPETRATORS NOTE: Include any perpetrators who are or were ordained members of the clergy legitimately serving in or assigned to the diocese or eparchy at the time the credible allegation(s) was alleged to have occurred. Do not include clergy that are members of religious institutes as they will be reported by their religious institutes. 415 31. Total number of priests or deacons against whom new credible allegations of sexual abuse of a minor have been reported between January 1 and December 31, 2007. Of the total number in item 31, how many were in each category below at the time of the alleged abuse? Choose only one category for each alleged perpetrator. (The sum of items 32-37 should equal item 31). 348 32. Diocesan priests ordained for this diocese or eparchy. 22 33. Diocesan priests incardinated later in this diocese or eparchy. 12 34. Extern diocesan priests from another U.S. diocese serving in this diocese or eparchy. 13 35. Extern diocesan priests from a diocese outside the United States serving in this diocese or eparchy. 4 36. Permanent deacons. 16 37. Other:_______________________________. Of the total number in item 31, the number that: 257 38. Have had one or more previous allegations reported against them prior to January 1, 2007. 322 39. Are deceased, already removed from ministry, already laicized, or missing. 24 40. Have been permanently removed or retired from ministry between January 1 and December 31, 2007 based on allegations of abuse. 3 41. Have been returned to ministry between January 1 and December 31, 2007 based on the resolution of allegations of abuse. 27 42. Remain temporarily removed from ministry pending investigation of allegations (as of December 31, 2007). 9 43. Remain in active ministry pending investigation of allegations (as of December 31, 2007). Indicate the total number of alleged perpetrators identified prior to January 1, 2007 that: 51 44. Were permanently removed or retired from ministry between January 1 and December 31, 2007 based on allegations of abuse. 11 45. Were returned to ministry between January 1 and December 31, 2007 based on the resolution of allegations of abuse. 91 46. Remain temporarily removed from ministry pending investigation of allegations (as of December 31, 2007). 20 47. Remain in active ministry pending investigation of allegations (as of December 31, 2007). COSTS Indicate the approximate total amount of funds expended by the diocese between January 1 and December 31, 2007 for payments as the result of allegations of sexual abuse of a minor (notwithstanding the year in which the allegation was received): $420,385,135 48. All settlements paid to victims. $7,243,663 49. Payments for therapy for victims (if separate from settlements). $13,347,981 50. Payments for support for offenders (including living expenses, legal expenses, therapy, etc.). $53,394,074 51. Payments for attorneys’ fees. $4,308,005 52. Other:_______________________________________________________________________. 34% 53. Approximate percentage of the amount in items 48-52 that was covered by diocesan insurance. $21,039,970 54. Total amount paid for all child protection efforts (training programs, background checks, etc.). In the event it is necessary for CARA to contact you for clarification about the data reported here, please supply the following information. This contact information will not be recorded in the database. Name and title of person completing this form:____________________________________________________________ Arch/Diocese:_____________________________________Phone:____________________________________________ Thank you for completing this survey. Center for Applied Research in the Apostolate (CARA) at Georgetown University, Washington, DC 20057-1203 Phone: 202-687-8080 Fax: 202-687-8083 E-mail CARA@georgetown.edu ©CARA 2007, All rights reserved. APPENDIX II: QUESTIONNAIRE FOR RELIGIOUS INSTITUTES Center for Applied Research in the Apostolate 2007 Annual Survey of Allegations and Costs This questionnaire is designed to survey religious institutes, societies of apostolic life or the separate provinces thereof and will be used to demonstrate progress in implementing the Charter for the Protection of Children and Young People and reducing the incidence of sexual abuse within the Church. All data collected here are entirely confidential. Only national aggregate results will be reported. ALL DATA REPORTED HERE REFER TO THE PRECEDING CALENDAR YEAR – JANUARY 1-DECEMBER 31, 2007. ALLEGATIONS NOTE: An allegation is defined as one victim alleging an act or acts of abuse by one alleged perpetrator. Only credible allegations (those that bear the “semblance of truth”) are appropriate for inclusion in this survey. 92 1. Total number of new credible allegations of sexual abuse of a minor reported against a priest or deacon in the religious institute between January 1 and December 31, 2007. (Only include members of the religious institute who are clergy. Allegations against religious brothers should NOT be reported). 1 2. Of the total number in item 1, the number of allegations that involved only child pornography. Of the total number in item 1, the number that were first reported to the religious institute by: Choose only one category for each allegation. (The sum of items 3-9 should equal item 1). 34 3. Victim. 0 7. Law enforcement. 4 4. Family member of the victim. 28 8. Bishop or other official from a diocese. 2 5. Friend of the victim. 9 9. Other:___________________________________. 15 6. Attorney. Of the total number in item 1 (excluding the solely child pornography cases), the number of alleged victims that are: 69 10. Male. 20 11. Female. Of the total number in item 1 (excluding the solely child pornography cases), the number of alleged victims in each age category when the alleged abuse began: (Choose only one category for each allegation). 13 12. 0-9. 38 13. 10-14. 31 14. 15-17. 7 15. Age unknown. Of the total number in item 1, the number that are alleged to have begun in: Choose only one category for each allegation. (The sum of items 16-28 should equal item 1). 16 21. 1975-1979. 0 26. 2000-2004. 4 16. 1954 or earlier. 11 17. 1955-1959. 12 22. 1980-1984. 0 27. 2005-2006. 6 18. 1960-1964. 5 23. 1985-1989. 1 28. 2007. 11 19. 1965-1969. 1 24. 1990-1994. 1 29. Time period unknown. 19 20. 1970-1974. 3 25. 1995-1999. 14 30a. 18 30b. Total number of new credible allegations received between January 1 and December 31, 2007 that were unsubstantiated or determined to be false by December 31, 2007. Total number of credible allegations received prior to January 1, 2007 that were unsubstantiated or determined to be false between January 1 and December 31, 2007. ALLEGED PERPETRATORS NOTE: Include any perpetrators who are or were ordained members of the religious clergy legitimately serving in or assigned to a diocese or eparchy or within the religious institute at the time the credible allegation(s) was alleged to have occurred. Include only clergy (NOT RELIGIOUS BROTHERS) that are members of religious institutes. 76 31. Total number of priests or deacons against whom new credible allegations of sexual abuse of a minor have been reported between January 1 and December 31, 2007. Of the total number in item 31, how many were in each category below at the time of the alleged abuse? Choose only one category for each alleged perpetrator. (The sum of items 32-37 should equal item 31). 62 32. Religious priests of this province assigned within the United States. Religious priests of this province assigned outside of the United States. 2 33. 8 34. Religious priests formerly of this province but no longer a member of the religious institute. Religious priests not of this province but serving in this province of the religious institute. 0 35. 1 36. Deacon members of the religious institute. 3 37. Other:_______________________________. Of the total number in item 31, the number that: 30 38. Have had one or more previous allegations reported against them prior to January 1, 2007. Are deceased, already removed from ministry, already laicized, or missing. 52 39. Have been permanently removed or retired from ministry between January 1 and December 31, 2007 5 40. based on allegations of abuse. 1 41. Have been returned to ministry between January 1 and December 31, 2007 based on the resolution of allegations of abuse. 7 42. Remain temporarily removed from ministry pending investigation of allegations (as of December 31, 2007). 1 43. Remain in active ministry pending investigation of allegations (as of December 31, 2007). Indicate the total number of alleged perpetrators identified prior to January 1, 2007 that: 12 44. Were permanently removed or retired from ministry between January 1 and December 31, 2007 based on allegations of abuse. Were returned to ministry between January 1 and December 31, 2007 based on the resolution of 2 45. allegations of abuse. 21 46. Remain temporarily removed from ministry pending investigation of allegations (as of December 31, 2007). 3 47. Remain in active ministry pending investigation of allegations (as of December 31, 2007). COSTS Indicate the approximate total amount of funds expended by the religious institute between January 1 and December 31, 2007 for payments as the result of allegations of sexual abuse of a minor (notwithstanding the year in which the allegation was received): $105,841,148 48. All settlements paid to victims. $691,775 49. Payments for therapy for victims (if separate from settlements). $2,097,993 50. Payments for support for offenders (including living expenses, legal expenses, therapy, etc.). $7,073,540 51. Payments for attorneys’ fees. $781,375 52. Other:_______________________________________________________________________. 34% 53. Approximate percentage of the amount in items 48-52 that was covered by insurance of the religious institute. $1,113,175 54. Total amount paid for all child protection efforts (training programs, background checks, etc.). In the event it is necessary for CARA to contact you for clarification about the data reported here, please supply the following information. This contact information will not be recorded in the database. Name and title of person completing this form:____________________________________________________________ Institute:_____________________________________Phone:____________________________________________ Thank you for completing this survey. Center for Applied Research in the Apostolate (CARA) at Georgetown University, Washington, DC 20057-1203 Phone: 202-687-8080 Fax: 202-687-8083 E-mail CARA@georgetown.edu ©CARA 2007, All rights reserved. CHAPTER FIVE Status of the 2006 Recommendations STATEMENT OF ISSUE 1 Dioceses/eparchies are determined to be compliant with the standards set forth in the Charter for the Protection of Children and Young People based on the accuracy and completeness of the data that is provided to the Gavin Group, Inc. For the most part, dioceses/eparchies depend on parishes and schools to provide this data. When a diocese/eparchy participates in a full on-site audit, with the agreement of the local bishop or eparch, the auditors contact or visit a few randomly selected parishes to determine that Charter requirements are being met at the local level. This process varies from audit to audit. Recommendation: That a standardized approach to parish participation in the audit process be developed and implemented. Status: At the request of the National Review Board, the Gavin Group, Inc., developed an instrument for use in auditing parishes as part of the Compliance Audit process. Nine dioceses and one eparchy agreed to participate in a pilot project to test the use of this instrument. Based on feedback from the participating dioceses and eparchy, this instrument is being revised for use in the 2008-2010 audits. STATEMENT OF ISSUE 2 Processes for data collection and record keeping vary from diocese to diocese. In some places, data for audit compliance is collected and maintained at the diocesan central office. In other places, this audit-related data is maintained at the local level—in the parishes, schools, and other institutions. These local sites are responsible for reporting numbers of those to be trained and those for whom background evaluations are required. In addition, the local sites report on the actual numbers trained. When data and records are maintained at the local level, the diocese/eparchy necessarily depends on the parishes, schools, and institutions to provide accurate information. Recommendation: That bishops/eparchs create or use existing structures to verify the accuracy of the audit-related data at the parish, school, and institutional levels. Status: Decisions regarding standardization of record keeping and centralized/decentralized systems are made by the local bishop/eparch. A review of the 2007 Audit Instruments indicated that dioceses/eparchs are selecting electronic systems to conduct background evaluations. These systems include a record keeping component that assists the diocese in maintaining more accurate information about training and background checks. CHAPTER SIX 2007 Recommendations 1. STATEMENT OF THE ISSUE The structures and programs required by the Charter have been established, as the audits confirm. We must now move to assessing the effectiveness of those structures and programs while streamlining the audit process. Recommendation: Audit documents should be reexamined with a view toward assessing the Charter structures and programs as well as combining some of the concepts of the audit process. This could result in a simplification of the process for both those audited and the auditors. 2. STATEMENT OF THE ISSUE Research suggests that one in five priests serving in the United States is an international priest. In 2003 the USCCB Committee on Migration issued Guidelines for Receiving Pastoral Ministers in the United States, a document that was developed in response to this reality and that outlines components of an orientation program for international priests. Providing sufficient orientation for these priests is a challenge for dioceses and eparchies. Offering safe environment training, conducting background evaluations, and educating international priests to legal standards regarding sexual contact with minors are necessary components of any orientation program. Additionally, during the 2007 audit period, six of the twelve credible allegations about persons who were still minors were made against international priests. Recommendation: That dioceses/eparchies take all actions possible to conduct background evaluations of international priests, provide safe environment training in appropriate languages, and review with these priests the legal standards that define sexual abuse of minors in the local civic jurisdiction. 3. STATEMENT OF THE ISSUE The 2007 audit data show abuse rising and peaking between 1960 and 1980. These are the same patterns shown by the Nature and Scope Study in 2004 and by every prior annual study by CARA. This makes even more imperative the completion of the Causes and Context Study, which is not yet fully funded. Recommendation: The total budget for the Causes and Context Study is $2.6 million, less than one half of 1% of the amount spent by the American dioceses on the abuse crisis in 2007. The Conference, individual dioceses, and any Catholics interested in the Charter should consider a contribution to close the funding gap, which is now slightly less than $1 million. 2005 Charter for the Protection of Children and Young People Preamble Since 2002, the Church in the United States has experienced a crisis without precedent in our times. The sexual abuse of children and young people by some deacons, priests, and bishops, and the ways in which these crimes and sins were addressed, have caused enormous pain, anger, and confusion. As bishops, we have acknowledged our mistakes and our roles in that suffering, and we apologize and take responsibility again for too often failing victims and the Catholic people in the past. From the depths of our hearts, we bishops express great sorrow and profound regret for what the Catholic people have endured. With this revision of the Charter for the Protection of Children and Young People, we re-affirm our deep commitment to creating a safe environment within the Church for children and youth. We have listened to the profound pain and suffering of those victimized by sexual abuse and will continue to respond to their cries. We have agonized over the sinfulness, the criminality, and the breach of trust perpetrated by some members of the clergy. We have determined as best we can the extent of the problem of this abuse of minors by clergy in our country, and we await the results of a study of the causes and context of this problem. We continue to have a special care for and a commitment to reaching out to the victims of sexual abuse and their families. The damage caused by sexual abuse of minors is devastating and long—lasting. We apologize to them for the grave harm that has been inflicted on them, and we offer our help for the future. The loss of trust that is often the consequence of such abuse becomes even more tragic when it leads to a loss of the faith that we have a sacred duty to foster. We make our own the words of His Holiness, Pope John Paul II: that the sexual abuse of young people is “by every standard wrong and rightly considered a crime by society; it is also an appalling sin in the eyes of God” (Address to the Cardinals of the United States and Conference Officers, April 23, 2002). Along with the victims and their families, the entire Catholic community in this country has suffered because of this scandal. In the last three years, the intense public scrutiny of the minority of the ordained who have betrayed their calling has caused the vast majority of faithful priests and deacons to experience enormous vulnerability to being misunderstood in their ministry and even to the possibility of false accusations. We share with them a firm commitment to renewing the image of the vocation to Holy Orders so that it will continue to be perceived as a life of service to others after the example of Christ our Lord. We, who have been given the responsibility of shepherding God’s people, will, with his help and in full collaboration with all the faithful, continue to work to restore the bonds of trust that unite us. Words alone cannot accomplish this goal. It will begin with the actions we take in our General Assembly and at home in our dioceses and eparchies. We feel a particular responsibility for the “the ministry of reconciliation” (2 Cor 5:18) which God, who reconciled us to himself through Christ, has given us. The love of Christ impels us to ask forgiveness for our own faults but also to appeal to all—to those who have been victimized, to those who have offended, and to all who have felt the wound of this scandal— to be reconciled to God and one another. Perhaps in a way never before experienced, we have felt the power of sin touch our entire Church family in this country; but as St. Paul boldly says, God made Christ “to be sin who did not know sin, so that we might become the righteousness of God in him” (2 Cor 5:21). May we who have known sin experience as well, through a spirit of reconciliation, God’s own righteousness. We know that after such profound hurt, healing and reconciliation are beyond human capacity alone. It is God’s grace and mercy that will lead us forward, trusting Christ’s promise: “for God all things are possible” (Mt 19:26). In working toward fulfilling this responsibility, we have relied first of all on Almighty God to sustain us in faith and in the discernment of the right course to take. We have received fraternal guidance and support from the Holy See that has sustained us in this time of trial. We have relied on the Catholic faithful of the United States. Nationally and in each diocese, the wisdom and expertise of clergy, religious, and laity have contributed immensely to confronting the effects of the crisis and taking steps to resolve it. We are filled with gratitude for their great faith, for their generosity, and for the spiritual and moral support that we have received from them. We acknowledge and affirm the faithful service of the vast majority of our priests and deacons and the love that their people have for them. They deservedly have our esteem and that of the Catholic people for their good work. It is regrettable that their committed ministerial witness has been overshadowed by this crisis. In a special way, we acknowledge those victims of clergy sexual abuse and their families who have trusted us enough to share their stories and to help us appreciate more fully the consequences of this reprehensible violation of sacred trust. Let there now be no doubt or confusion on anyone’s part: For us, your bishops, our obligation to protect children and young people and to prevent sexual abuse flows from the mission and example given to us by Jesus Christ himself, in whose name we serve. As we work to restore trust, we are reminded how Jesus showed constant care for the vulnerable. He inaugurated his ministry with these words of the Prophet Isaiah: The Spirit of the Lord is upon me, because he has anointed me to bring glad tidings to the poor. He has sent me to proclaim liberty to captives and recovery of sight to the blind, to let the oppressed go free, and to proclaim a year acceptable to the Lord. (Lk 4:18-19) In Matthew 25, the Lord, in his commission to his apostles and disciples, told them that whenever they show mercy and compassion to the least ones, they show it to him. Jesus extended this care in a tender and urgent way to children, rebuking his disciples for keeping them away from him: “Let the children come to me” (Mt 19:14). And he uttered a grave warning that for anyone who would lead the little ones astray, it would be better for such a person “to have a great millstone hung around his neck and to be drowned in the depths of the sea” (Mt 18:6). We hear these words of the Lord as prophetic for this moment. With a firm determination to restore the bonds of trust, we bishops recommit ourselves to a continual pastoral outreach to repair the breach with those who have suffered sexual abuse and with all the people of the Church. In this spirit, over the last three years, the principles and procedures of the Charter have been integrated into church life. • The Office for Child and Youth Protection provides the focus for a consistent, ongoing, and comprehensive approach to creating a secure environment for young people throughout the Church in the United States. • The Office also provides the means for us to be accountable for achieving the goals of the Charter, as demonstrated by its two reports on the implementation of the Charter based on independent compliance audits. • The National Review Board is carrying on its responsibility to assist in the assessment of diocesan compliance with the Charter and to com- • • • • mission studies on the sexual abuse of minors, and it has issued its own Report on the Crisis in the Catholic Church in the United States. The descriptive study of the nature and scope of sexual abuse of minors by Catholic clergy in the United States, commissioned by the National Review Board, has been completed. The resulting study, examining the historical period 1950-2002, by the John Jay College of Criminal Justice provides us with a powerful tool not only to examine our past but also to secure our future against such misconduct. Victims’ assistance coordinators are in place throughout our nation to assist dioceses in responding to the pastoral needs of those who have been injured by abuse. Diocesan/eparchial bishops in every diocese are advised and greatly assisted by diocesan review boards as the bishops make the decisions needed to fulfill the Charter. Safe environment programs are in place to assist parents and children—and those who work with children—in preventing harm to young people. Through these steps and many others, we remain committed to the safety of our children and young people. While it seems that the scope of this disturbing problem of sexual abuse of minors by clergy has been reduced over the last decade, the harmful effects of this abuse continue to be experienced both by victims and dioceses. Thus it is with a vivid sense of the effort which is still needed to confront the effects of this crisis fully and with the wisdom gained by the experience of the last three years that we have reviewed and revised the Charter for the Protection of Children and Young People. We now re-affirm that we will assist in the healing of those who have been injured, will do all in our power to protect children and young people, and will work with our clergy, religious, and laity to restore trust and harmony in our faith communities, as we pray for God’s kingdom to come, here on earth, as it is in heaven. To make effective our goals of a safe environment within the Church for children and young people and of preventing sexual abuse of minors by clergy in the future, we, the members of the United States Conference of Catholic Bishops, have outlined in this Charter a series of practical and pastoral steps, and we commit ourselves to taking them in our dioceses and eparchies. To Promote Healing and Reconciliation with Victims/ Survivors of Sexual Abuse of Minors ARTICLE 1. Dioceses/eparchies are to reach out to victims/survivors and their families and demonstrate a sincere commitment to their spiritual and emotional well-being. The first obligation of the Church with regard to the victims is for healing and reconciliation. Each diocese/eparchy is to continue its outreach to every person who has been the victim of sexual abuse* as a minor by anyone in church service, whether the abuse was recent or occurred many years in the past. This outreach may include provision of counseling, spiritual assistance, support groups, and other social services agreed upon by the victim and the diocese/eparchy. Through pastoral outreach to victims and their families, the diocesan/eparchial bishop or his representative is to offer to meet with them, to listen with patience and compassion to their experiences and concerns, and to share the “profound sense of solidarity and concern” expressed by His Holiness, Pope John Paul II, in his Address to the Cardinals of the United States and Conference Officers (April 23, 2002). ARTICLE 2. Dioceses/eparchies are to have policies and procedures in place to respond promptly to any allegation where there is reason to believe that sexual abuse of a minor has occurred. Dioceses/eparchies are to have a competent person or persons to coordinate assistance for the immediate pastoral care of persons who report having been sexually abused as minors by clergy or other church personnel. The procedures for those making a complaint are to be readily available in printed form in the principal languages in which the liturgy is celebrated in the diocese/eparchy and be the subject of public announcements at least annually. Dioceses/eparchies are also to have a review board that functions as a confidential consultative body to the bishop/eparch. The majority of its members are to be lay persons not in the employ of the diocese/eparchy (see Norm 5 in Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, 2006). This board is to advise the diocesan/eparchial bishop in his assessment of allegations of sexual abuse of minors and in his determination of a cleric’s suitability for ministry. It is regularly to review diocesan/ eparchial policies and procedures for dealing with sexual abuse of minors. Also, the board can review these matters both retrospectively and prospectively and give advice on all aspects of responses in connection with these cases. ARTICLE 3. Dioceses/eparchies are not to enter into settlements which bind the parties to confidentiality unless the victim/survivor requests confidentiality and this request is noted in the text of the agreement. To Guarantee an Effective Response to Allegations of Sexual Abuse of Minors ARTICLE 4. Dioceses/eparchies are to report an allegation of sexual abuse of a person who is a minor to the public authorities. Dioceses/eparchies are to comply with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities and cooperate in their investigation in accord with the law of the jurisdiction in question. Dioceses/eparchies are to cooperate with public authorities about reporting cases even when the person is no longer a minor. In every instance, dioceses/eparchies are to advise victims of their right to make a report to public authorities and support this right. ARTICLE 5. We affirm the words of His Holiness, Pope John Paul II, in his Address to the Cardinals of the United States and Conference Officers: “There is no place in the priesthood or religious life for those who would harm the young.” Sexual abuse of a minor by a cleric is a crime in the universal law of the Church (CIC, c. 1395 §2; CCEO, c. 1453 §1). Because of the seriousness of this matter, jurisdiction has been reserved to the Congregation for the Doctrine of the Faith (Motu proprio Sacramentorum sanctitatis tutela, AAS 93, 2001). Sexual abuse of a minor is also a crime in all civil jurisdictions in the United States. Diocesan/eparchial policy is to provide that for even a single act of sexual abuse of a minor*—whenever it occurred—which is admitted or established after an appropriate process in accord with canon law, the offending priest or deacon is to be permanently removed from ministry and, if warranted, dismissed from the clerical state. In keeping with the stated purpose of this Charter, an offending priest or deacon is to be offered therapeutic professional assistance both for the purpose of prevention and also for his own healing and well-being. The diocesan/eparchial bishop is to exercise his power of governance, within the parameters of the universal law of the Church, to ensure that any priest or deacon subject to his governance who has committed even one act of sexual abuse of a minor as described below (see note) shall not continue in ministry. A priest or deacon who is accused of sexual abuse of a minor is to be accorded the presumption of innocence during the investigation of the allegation and all appropriate steps are to be taken to protect his reputation. He is to be encouraged to retain the assistance of civil and canonical counsel. If the allegation is not proven, every step possible is to be taken to restore his good name, should it have been harmed. In fulfilling this article, dioceses/eparchies are to follow the requirements of the universal law of the Church and of the Essential Norms approved for the United States. ARTICLE 6. There are to be clear and wellpublicized diocesan/eparchial standards of ministerial behavior and appropriate boundaries for clergy and for any other paid personnel and volunteers of the Church in positions of trust who have regular contact with children and young people. ARTICLE 7. Dioceses/eparchies are to be open and transparent in communicating with the public about sexual abuse of minors by clergy within the confines of respect for the privacy and the reputation of the individuals involved. This is especially so with regard to informing parish and other church com- munities directly affected by ministerial misconduct involving minors. To Ensure the Accountability of Our Procedures ARTICLE 8. By the authority of the United States Conference of Catholic Bishops, the mandate of the Ad Hoc Committee on Sexual Abuse is renewed, and it is now constituted the Committee for the Protection of Children and Young People. It becomes a standing committee of the Conference. Its membership is to include representation from all the episcopal regions of the country, with new appointments staggered to maintain continuity in the effort to protect children and youth. The Committee is to advise the USCCB on all matters related to child and youth protection and is to oversee the development of the plans, programs, and budget of the Office of Child and Youth Protection. It is to provide the USCCB with comprehensive planning and recommendations concerning child and youth protection by coordinating the efforts of the Office and the National Review Board. ARTICLE 9. The Office for Child and Youth Protection, established by the Conference of Catholic Bishops, is to staff the Committee for the Protection of Children and Young People and be a resource for dioceses/eparchies for the implementation of “safe environment” programs and for suggested training and development of diocesan personnel responsible for child and youth protection programs, taking into account the financial and other resources, as well as the population, area, and demographics of the diocese/eparchy. The Office is to produce an annual public report on the progress made in implementing and maintaining the standards in this Charter. The report is to be based on an annual audit process whose method, scope, and cost are to be approved by the Administrative Committee on the recommendation of the Committee for the Protection of Children and Young People. This public report is to include the names of those dioceses/eparchies which the audit shows are not in compliance with the provisions and expectations of the Charter. As a member of the Conference staff, the Executive Director of the Office is appointed by and reports to the General Secretary. The Executive Director is to provide the Committee for the Protection of Children and Young People and the National Review Board with regular reports of the Office’s activities. ARTICLE 10. The whole Church, especially the laity, at both the diocesan and national levels, needs to be engaged in maintaining safe environments in the Church for children and young people. The Committee for the Protection of Children and Young People is to be assisted by the National Review Board, a consultative body established in 2002 by the USCCB. The Board will review the annual report of the Office of Child and Youth Protection on the implementation of this Charter in each diocese/ eparchy and any recommendations that emerge from it, and offer its own assessment regarding its approval and publication to the Conference President. The Board will also advise the Conference President on future members. The Board members are appointed by the Conference President in consultation with the Administrative Committee and are accountable to him and to the USCCB Executive Committee. Before a candidate is contacted, the Conference President is to seek and obtain, in writing, the endorsement of the candidate’s diocesan bishop. The Board is to operate in accord with the statutes and bylaws of the USCCB and within procedural guidelines to be developed by the Board in consultation with the Committee for the Protection of Children and Young People and approved by the USCCB Administrative Committee. These guidelines are to set forth such matters as the Board’s purpose and responsibility, officers, terms of office, and frequency of reports to the Conference President on its activities. The Board will offer its advice as it collaborates with the Committee for the Protection of Children and Young People on matters of child and youth protection, specifically on policies and best practices. The Board and Committee for the Protection of Children and Young People will meet jointly several times a year. The Board will review the work of the Office of Child and Youth Protection and make recommendations to the Director. It will assist the Director in the development of resources for dioceses. The Board is to oversee the completion of the study of the causes and context of the recent crisis. The Board will offer its assessment of the data gathered and preliminary results to the Committee for the Protection of Children and Young People as the study moves forward. ARTICLE 11. The President of the Conference is to inform the Holy See of this revised Charter to indicate the manner in which we, the Catholic bishops, together with the entire Church in the United States, intend to continue our commitment to the protection of children and young people. The President is also to share with the Holy See the annual reports on the implementation of the Charter. To Protect the Faithful in the Future ARTICLE 12. Dioceses/eparchies are to maintain “safe environment” programs which the diocesan/ eparchial bishop deems to be in accord with Catholic moral principles. They are to be conducted cooperatively with parents, civil authorities, educators, and community organizations to provide education and training for children, youth, parents, ministers, educators, volunteers, and others about ways to make and maintain a safe environment for children and young people. Dioceses/eparchies are to make clear to clergy and all members of the community the standards of conduct for clergy and other persons in positions of trust with regard to children. ARTICLE 13. Dioceses/eparchies are to evaluate the background of all incardinated and non-incardinated priests and deacons who are engaged in ecclesiastical ministry in the diocese/eparchy and of all diocesan/ eparchial and parish/school or other paid personnel and volunteers whose duties include ongoing, unsuper-vised contact with minors. Specifically, they are to utilize the resources of law enforcement and other community agencies. In addition, they are to employ adequate screening and evaluative techniques in deciding the fitness of candidates for ordination (cf. United States Conference of Catholic Bishops, Program of Priestly Formation [Fifth Edition], 2006, no. 39). ARTICLE 14. Transfers of clergy who have committed an act of sexual abuse against a minor for residence, including retirement, shall be as in accord with Norm 12 of the Essential Norms. (Cf. Proposed Guidelines on the Transfer or Assignment of Clergy and Religious, adopted by the USCCB, the Conference of Major Superiors of Men, the Leadership Conference of Women Religious, and the Council of Major Superiors of Women Religious in 1993.) ARTICLE 15. To ensure continuing collaboration and mutuality of effort in the protection of children and young people on the part of the bishops and religious ordinaries, two representatives of the Conference of Major Superiors of Men are to serve as consultants to the Committee for the Protection of Children and Young People. At the invitation of the Major Superiors, the Committee will designate two of its members to consult with its counterpart at CMSM. Diocesan/ eparchial bishops and major superiors of clerical institutes or their delegates are to meet periodically to coordinate their roles concerning the issue of allegations made against a cleric member of a religious institute ministering in a diocese/eparchy. ARTICLE 16. Given the extent of the problem of the sexual abuse of minors in our society, we are willing to cooperate with other churches and ecclesial communities, other religious bodies, institutions of learning, and other interested organizations in conducting research in this area. ARTICLE 17. We pledge our complete cooperation with the Apostolic Visitation of our diocesan/ eparchial seminaries and religious houses of formation recommended in the Interdicasterial Meeting with the Cardinals of the United States and the Conference Officers in April 2002. We commit ourselves to work individually in our dioceses/eparchies and together as a Conference, through the appropriate committees, to strengthen our programs both for initial priestly formation and for the ongoing formation of priests. With new urgency, we will promote programs of human formation for chastity and celibacy for both seminarians and priests based upon the criteria found in Pastores Dabo Vobis, the Program of Priestly Formation, and the Basic Plan for the Ongoing Formation of Priests. We will continue to assist priests, deacons, and seminarians in living out their vocation in faithful and integral ways. We bishops and eparchs commit ourselves to work as one with our brother priests and deacons to foster reconciliation among all people in our dioceses/ eparchies, especially with those individuals who were themselves abused and the communities that have suffered because of the sexual abuse of minors that occurred in their midst. Conclusion As we wrote three years ago, “It is within this context of the essential soundness of the priesthood and of the deep faith of our brothers and sisters in the Church that we know that we can meet and resolve this crisis for now and the future.” We wish to reaffirm once again that the vast majority of priests and deacons serve their people faithfully and that they have the esteem and affection of their people. They also have our love and esteem and our commitment to their good names and well-being. An essential means of dealing with the crisis is prayer for healing and reconciliation, and acts of reparation for the grave offense to God and the deep wound inflicted upon his holy people. Closely connected to prayer and acts of reparation is the call to holiness of life and the care of the diocesan/eparchial bishop to ensure that he and his priests avail themselves of the proven ways of avoiding sin and growing in holiness of life. It is with reliance on prayer and penance that we renew the pledges which we made in the original Charter: We pledge most solemnly to one another and to you, God’s people, that we will work to our utmost for the protection of children and youth. We pledge that we will devote to this goal the resources and personnel necessary to accomplish it. We pledge that we will do our best to ordain to the priesthood and put into positions of trust only those who share this commitment to protecting children and youth. We pledge that we will work toward healing and reconciliation for those sexually abused by clerics. Much has been done to honor these pledges. We devoutly pray that God who has begun this good work in us will bring it to fulfillment. This Charter is published for the dioceses/eparchies of the United States. It is to be reviewed again in five years by the Committee for the Protection of Children and Young People with the advice of the National Review Board. The results of this review are to be presented to the full Conference of Bishops for confirmation. NOTE * In accord with Sacramentorum sanctitatis tutela (SST), article 4 §1, sexual abuse, for purposes of this Charter, shall include any offense by a cleric against the Sixth Commandment of the Decalogue with a minor as understood in the Code of Canon Law, c. 1395 §2 (“A cleric who in another way has committed an offense against the sixth commandment of the Decalogue, if the delict was committed by force or threats or publicly or with a minor below the age of sixteen years [raised in SST to eighteen years which has been the age of majority for the USA since 1994], is to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants”) and the Code of Canons of the Eastern Churches, c. 1453 §1 (“A cleric who lives in concubinage or gives permanent scandal by publicly sinning against chastity is to be punished with a suspension, to which, other penalties can be gradually added up to deposition, if he persists in the offense”). If there is any doubt whether a specific act qualifies as an external, objectively grave violation, the writings of recognized moral theologians should be consulted, and the opinions of recognized experts should be appropriately obtained (Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995, p. 6). Ultimately, it is the responsibility of the diocesan bishop/eparch, with the advice of a qualified review board, to determine the gravity of the alleged act.