09/22/2024
ONLINE DISCUSSION WITH CLERGY and PEOPLE I KNOW (summer 2024). They include 5 Protestant Pastors (1 hasn't replied yet), 4 Catholic Priests (two have not replied), and 1 deacon (still thinking about his response), my opinion, my family members, and 3 Catholic friends. By Ottavio Lo Piccolo, 5 Sept. 2024
The question was: WHAT'S YOUR OPINION? DO YOU SUPPORT NY Senate Bill 2023-S3158; REQUIRE CLERGY TO BE MANDATED REPORTERS OF ABUSE?
PROTESTANT PASTOR #1- I wrote him:
Hello Reverend! I'd love to hear your opinion on this topic. Please, read the letter below.
Thanks
Ottavio
AN INVITATION TO ALL NY STATE ADULT RESIDENTS: CALL on NY STATE TO APPROVE Senate Bill S3158 ASAP. Letter to the Schenectady Daily Gazette, by Ottavio Lo Piccolo, 3 Aug. 2024. Published Sunday, 11 Aug. 2024.
I support the NY Senate Bill 2023-S3158; the Child Abuse Reporting Expansion Act- also known as the CARE ACT- legislation requiring that all NY State clergy become mandated reporters (as all other professionals in our State who are in contact with children), such as counselors, school personnel, medical personnel, police, etc.
Thousands of children in our State, have been s*xually abused by Christian and non-Christian clergy every year, and although 28 States already mandate clergy to report any form of child maltreatment New York State has yet to approve such a protective measure.
This injustice may soon come to an end since the New York State Assembly has approved its version of the CARE ACT, and now it is in the hands of the NY State Senate to act and pass this legislation, which is sitting in the Senate Committee of Family and Children awaiting approval and signature by the Governor.
I call on all NY State senators, the Governor, and all NY State adults to support Bill 2023-S3158. I also suggest that the Senate add a limited exclusion for clergy-penitent privacy, to this Bill, which would make this legislation more appealing to the clergy and will likely lead them to be more collaborative with law enforcement agencies in addressing this tragic, painful issue of our times.
Clergy-penitent privacy does not relieve clergy members from mandatory reporting requirements. It only offers limited protections for confessions made in confidence to a clergy member authorized to take confessions.
CONTACT YOUR NY STATE SENATOR & THE GOVERNOR.
If you don’t know who your state senator is, just Google: “Find my state senator”, enter your address and zip code, and send him/her the message below. Or simply call them and say:
"Please approve Senate Bill 2023-S3158, the CARE ACT; which requires that all NY State clergy be mandated reporters so that children and all vulnerable adults are better protected from clergy s*xual predators.
To write to the Governor, Google: contact NY State Governor.
Also, consider signing these two petitions:
Require Members of the Clergy in New State to be Mandated Reporters (26 signatures so far).
https://sign.moveon.org/petitions/require-members-of-the-clergy-in-ny-state-to-be-mandated-reporters-of-child-abuse
This one is by CFCtoo Coalition: Support the Care Act – Make New York’s Clergy Mandated Reporters of Sexual Abuse. (over 650 signatures so far): https://www.change.org/p/support-the-care-act-make-new-york-s-clergy-mandated-reporters-of-s*xual-abuse?signed=true
THANK YOU!
Be a good Samaritan! Support this legislation!
Protestant PASTOR #1 REPLIED:
Hey Ottavio! I’d be strongly in favor of this effort. I believe NY is only one of a handful of states where clergy are not mandated reporters.
MY REPLY:
Thank you!
Protestant PASTOR #2 RESPONSE (to the same message above) wrote:
The only argument I’ve heard that makes any sense against this is the Sacrament of Confession. I support mandatory reporting based on my own beliefs. This law makes sense, and I’d support it, but it seems a double standard to say it doesn’t apply to everyone: it excludes a “clergy member authorized to take confessions.” Depending on how that is defined, that would mean Roman Catholic priests are exempt, but all other clergy are mandated reporters.
MY REPLY to PASTOR # 2:
Thanks for your quick reply, and I'm glad you do support it! No one should be exempt from being a mandated reporter when the health and safety of human beings are involved- not even Catholics! However, I suggested that the Senate include a limited exclusion for clergy-penitent privacy because this feature may make the Catholic Church and all other denominations (who have abused children) more collaborative and support this Bill. As I know, so far the Catholic Church has opposed anything that takes away their right to keep the seal of confession- no matter what.
I also found out that the attorney-client privilege isn't an absolute right, hence it shouldn't also be an absolute right for priest-penitent privileged communication when it involves abuses and/or crimes.
Here's what this source, here below, states:
28 states identify clergy members as mandated reporters, however, only five include a limited exclusion for clergy-penitent privacy, otherwise known as privileged communication- one of the oldest forms of U.S. law.
This protection is often very limited to clergy members, such as ministers, rabbis, and priests, who are authorized to take confessions. The confession must be made privately and not in the presence of non-clergy members to be protected.
Clergy-penitent privacy does not exclude a clergy member from reporting instances of suspected abuse discovered in non-confessional situations. If a minister sees signs of physical abuse on a child and asks the child how they got hurt, the child’s admission of abuse would not be protected under clergy-penitent privacy."
Source:
Mandated Reporters, 29 May 2024. How Mandated Reporting Laws Impact Churches https://mandatedreportertraining.com/resources/blog/how-mandated-reporting-laws-impact-churches/ #:~:text=Are%20Confessions%20Protected%3F,member%20authorized%20to%20take%20confessions
PASTOR #2 ANSWERED:
The only argument I’ve heard that makes any sense against this is the Sacrament of Confession. I support mandatory reporting based on my own beliefs. This law makes sense, and I’d support it, but it seems a double standard to say it doesn’t apply to everyone: it excludes a “clergy member authorized to take confessions.” Depending on how that is defined, that would mean Roman Catholic priests are exempt, but all other clergy are mandated reporters?
MY RESPONSE to Pastor #2:
I see your point. The law wouldn't be fair if it excludes criminal information revealed in confessions of any faith.
A friend of mine mentioned false accusations of priests. Which is a concern, however, the number of s*xually abused individuals is a lot higher than those falsely accused, and in my opinion, people would be better protected with this legislation than without it because of the number of false accusations.
PASTOR'S 2 REPLY:
I agree. ANY change is better than the current policy. But honestly, I’d see this as one step toward a more just system: a good first step. But the privacy/transparency of the confessional needs to be addressed to rebuild trust.
MY ANSWER:
Agree with you there. The Catholic Church has lost credibility in my eyes, and unfortunately, the whole Christian faith in the Western world is in a similar sad situation; with scandals corruption and divisions- much like the polarized political atmosphere in the USA. In fact, during the later part of the pandemic, I was so disgusted at the Catholic Church because of the s*x and financial scandals, and the divisions at the top (the Vatican), that I was contemplating leaving the Catholic faith and joining another Christian denomination. But I didn't, because I found out that most other Christian faiths are facing the same issues.
So, I took the advice of Bishop Robert Barron, from California, after I read his booklet; Letters to a Suffering Church, and decided to speak out against injustices, and corruption in the Catholic Church and in all Christian denominations. So, I added this cause to the social and environmental justice battles that I have been undertaking since when I was a teen.
Thank you for sharing your thoughts. Please join me in prayer for peace, tolerance, cooperation and unity in our Christian faiths, for the good of all people.
Protestant PASTOR #2 CONCLUDING COMMENT:
I join you on that prayer, OTTAVIO!!! And I’m glad to be talking with you again.
Protestant PASTOR #3 wrote:
Greetings, my brother in Christ! I trust you and your family are doing very well by God's grace.
In response to your request of me, I can tell you that it may have a benefit to clergy if they were compelled to be mandatory reporters. I believe it would be a protection to clergy and would help them.
There may be times when clergy is aware of alleged maltreatment but are required to maintain 100% confidentiality. For this reason, one might suggest that the priest-penitent provision would not be helpful. Simply, if they know something, they must report it. That would become known, and clergy might not be in such a difficult position anymore.
One question might be how that would affect the people who want to go to the clergy to discuss such things. Would clergy still be able to effectively listen to and provide biblical counsel to those in such situations? I don't know the answer to that.
I've always appreciated you, brother, and I do even more as we get into our elder years. Blessings in Christ to you and your family!
MY RESPONSE to Pastor # 3:
Thank you for your wise thoughts. You made a very strong point; this Bill would free clergy from the seal of confession. I appreciate your input and will consider your thoughts as I share this information and encourage others in supporting this crucial legislation to protect children and vulnerable adults.
PASTOR # 4 is currently on active duty Air Force. This is his response to my letter to the Gazette on AUG 3, 2024, to the Gazette:
I absolutely agree with you that child abuse is a very serious matter and a reflection of the worst sinfulness of mankind. I also appreciate your passion and drive to bring positive change. However, I think Clergy should have the option to report without the obligation. The reason is that some circumstances may be situation-dependent. Secular courts are not infallible and May be weaponized against the church, potentially under false pretenses. For this reason, I think sensitive matters should be handled with prayer and wisdom. As a Chaplain, there are times when it might be beneficial to report, but my mouth is gagged under our confidentiality. If reports are deemed mandatory, Priests and Pastors may be held liable if the mandated reporting demands them to report people under suspicion against their better judgment. People may also make false claims that they confessed to bringing false judgment on the church. Governmental corruption exceeds that of the church, so I would be very reluctant to expand their legal territory.
My REPLY:
By the way, what's the AF policy on mandated reporters? Is the clergy required or exempt because of confidentiality?
PASTOR # 4 ANSWER:
Chaplains (in the US military) are prohibited from reporting.
MY RESPONSE to Pastor 4:
Thank you for supporting the limited exclusion for clergy-penitent privacy clause. However, I suggested it to the NY State in my writing because I suspect that most Christian denominations will oppose this legislation. My feeling is that they value their seal of the confession - a man-made rule, or canon law- more than the health and safety of children and vulnerable adults. I say based (on my research), which tells me that in the Catholic Church there has been centuries of clergy abuse. If you don't believe me check out my sources, or do your own research.
In addition, the military doesn't seem to have the issue of s*xual abuse, since I didn't see it come up in my searches; hence I suspect that is the reason why the US military doesn't require clergy to be mandatory reporters.
As I said before, I strongly believe that the clergy, as civilians, should also be required to be mandated reporters because the Western Church has committed too many horrific sins, the most deplorable being the abuse of innocent children and adults.
It is also my strong belief that human life and dignity come before anything else, hence no one should be held above the law or be excused because of ecclesiastical rules.
Finally, will there be false accusations? Of course! Those happen to all people- being unjustly accused of crimes they didn't do. This is something that happens all the time, to many civilians. But that's not an excuse to turn down this Bill because it'll be a deterrent against evil clergy.
PASTOR # 5 hasn't responded to my request yet.
CATHOLIC CLERGY RESPONSES. I contacted 5 Catholic clergy that I know; 4 Priests and 1 deacon; only 2 priests have replied as of Sept 3rd. Here are their responses:
CATHOLIC PRIEST # 1; the first time I contacted him was early spring, but he didn't respond. I emailed him again with a similar request on July 29, but he hasn't responded yet. This is what I WROTE HIM:
This past spring I wrote my first guest article for the Gazette, it was titled: REQUIRE NY CLERGY TO BE MANDATED REPORTERS. It was published March 5, 2024, in the Opinion Page A4.
Previously I also wrote you about this topic; Require Members of the Clergy, in NY State to Be Mandated Reporters (of child abuse), but you didn't respond to me. That's Ok. I assumed that you would not support this Bill at the time, and/or possibly you needed more time to think and/or pray about it.
I hope that you and the leadership of the Catholic Church in our State will support it. This is a very good opportunity for our Church to show care, compassion, and responsibility for Her actions. It is a very important legislation that should be approved asap, since it will provide an additional safety net for our children and vulnerable adults from clergy s*xual predators. However, this bill has been languishing at the beginning stages of the Senate approval process, the Committee of Family and Children.
You often say that to God everything is possible. And I truly believe it. I'm sure you do too because of our faith and because we've seen God's works in our lives.
I think of Luke 10:25-47; the story of the Good Samaritan- a powerful one- that applies to the situation of s*xual abuses committed by the clergy (I'm referring to all Christian denominations- not only our Catholic faith).
So, when I think about this story I try to see the good Samaritan as being the Church, and not the others; those who walked away and did nothing for the victim who was laying down and bleeding on the road.
May God Bless all Good Samaritans, and may God forgive, but justly punish the uncaring and evil-doers.
Ottavio
CATHOLIC PRIEST #2- I contacted him on Aug. 13, I also emailed him my Aug. 3 letter to the Gazette and I wrote:
Hello Father, Hope all is well with you. I'd love to hear your opinion on this issue.
Thanks
Ottavio
HIS REPLY:
Please be patient with me, but I need a couple of weeks to respond.
It's now September 3rd and I haven't yet received any responses from him.
CATHOLIC Priest #3; I emailed him on July 25. I wrote:
Dear Father, early this spring I wrote our State political representatives, the bishop, and the Gazette, regarding the CARE ACT, to require NY clergy to be mandated reporters like all other professionals in our State (counselors, teachers, medical personnel, etc.). 28 states have already passed similar legislation, and it's about time NY State does too.
So, I'd like to know how you feel about this legislation, and if you'd support it, by encouraging our Bishop to do the same, by signing the petition below.
Then contact our State Senators and the Governor and urge them to expedite this extremely important legislation that will further protect children from s*xual predators.
Thanks.
Ottavio
PS,
Please, sign this petition:
Fourth, sign this petition; by CFCtoo Coalition (as of March 3rd- 633 signatures): https://www.change.org/p/support-the-care-act-make-new-york-s-clergy-mandated-reporters-of-s*xual-abuse?signed=true
CATHOLIC Priest # 3 RESPONSE:
Hi Ottavio, while I do agree with the CARE ACT in principle, my concern is that if someone were to confess in the confessional an act that should be reported, a priest would not be able to do so because of the seal of the confessional. So I would not be comfortable in signing the petition for that reason.
MY REPLY:
I understand your concern.
However, what if this legislation had an exemption for the confessional?
Events of abuse happen in various ways, and often they don't involve confession at all. Something to think about.
I believe that the Church must put child safety before doctrine because way too many have suffered already.
Ottavio
CATHOLIC Priest # 4 – I contacted him on Aug. 28 I wrote him:
Hello father! I'd like to know your opinion on my letter below The subject is: NY State is considering passing a law requiring clergy to be mandated reporters of abuse.
I already have shared it on Facebook texted it to friends/family and collected their opinions.
Would you share yours with me?
I will publish all the comments/ views of family, friends, of the clergy that I know locally, probably as soon as I get your reply; possibly by this weekend.
So far, of the 3 Catholic priests I have contacted online, only one so far has commented. And the 4 Protestant Pastors I know all have shared their views.
If you prefer, I will keep your name anonymous. You'll be the 4th Catholic Priest I know and will list your comments if you're willing to share them.
I will not be offended if you don't share.
Thanks
Ottavio
HIS RESPONSE:
Please do not mention my name. I believe bishops are mandated reporters already. Many dioceses have ‘Memoranda of Understanding’ with law enforcement already as do religious orders.
He also sent me a short video about low Mass attendance in Catholic Churches in the West and some Eastern countries.
MY REPLY:
You have my word father. In NY State, I don't think that Bishops are mandated reporters, that is why the Senate is considering passing this law.
I will read your post later and will comment and send you the comments that I've collected.
Thank you!
MY RESPONSE, to Catholic Priest #4- the next day, Aug. 29:
I just watched the video. I already knew that Mass attendance is low in Western countries. I also read that low church attendance is a symptom in all Christian denominations.
The question is why? Secularism is one reason; the 2nd reason, I suspect, is the loss of confidence in the Christian Churches, because of all the s*xual and financial scandals, hence the loss of morality and unity in the Church, especially ours, the Catholic Church.
It is about time that all Christian faiths clean their act, take responsibility for their misdeeds and take action to get rid of the corrupt clergy.
Most people, including I, strongly believe that the clergy should be mandated reporters of abuses; just like all other professionals in contact with the public. Why should there be an exception for clergy? Are they above the law? No, they're not.
Jesus didn't ask for special favors, or hide behind rules! In fact, He got upset at the Jews and Pharisees for putting rules over God and over people's rights!
The Church must be flexible, not stuck on rules; like the seal of the confessional and priest celibacy. These are clerical rules, manmade rules, that can be reformed and/or thrown out to benefit all, the Church and the faithful.
Let me give you an example.
The attorney-client privilege isn't an absolute right when a crime or the possibility of it is involved. The lawyer must report it to authorities if his/her client commits a crime or is intent on committing one.
The priest-penitent privilege should also be the same, as the attorney-client privilege. Hence the Church should allow a priest to report a crime, even when he finds out in the confessional.
So, the Church should change this rule; and let the priests who receive confessions freely decide to report to civilian authority when needed.
The seal of the confessional shouldn't take precedence over people, their safety, their health and/or their life.
Loving your neighbor is Our Lord's most important commandment! How can it be so, if Church leaders continue to hide their criminals, stay mum, and don't cooperate with the justice system? That's not mercy! That's evil!
The Catholic Church must not oppose these laws that are meant to protect the faithful from predatory clergy. Supporting this legislation is a step closer to compassion and justice.
It is now Sept 21, 2024, and Catholic Priest # 4 has yet to respond!
MY FAMILY'S VIEWS. My immediate family (wife, and my 2 children) are in favor of mandating clergy to be Reporters of abuse.
My daughter is a mental health therapist and an LMHC. She wrote:
I find it imperative that anyone who has the privilege of serving the public and being trusted with sensitive information must also have a responsibility to act when such sensitive information may put that person's life or the lives of others at risk. We have a responsibility in our respective fields, whether a teacher, police officer, therapist, etc, to ensure the safety of all, especially those who may be more vulnerable or at risk. Our role is not a selfish one, it is meant to be selfless. Making a report is never an easy task, but you must put your own feelings aside and ask yourself “How will this help this person and/or potentially someone else whose life could be at risk?”
MY PERSONAL VIEWS. I support Senate Bill S3158 for the following reasons:
1. Life, health, safety, rights, and human dignity take precedence over man-made rules, regulations and/or traditions. Ecclesiastical rules, such as the seal of confession shouldn't take precedence over the health and safety of human beings.
2. Jesus taught us to love God and neighbors, not ecclesiastical rules. The Church must not act like the Pharisees! But instead, must put love/compassion into action, be accountable- take responsibility for its actions- and pay the consequences.
3. The Story of the Good Samaritan teaches us to act with care and concern for those suffering and/or in need; the Church must be the Good Samaritan and report those who hurt others to civilian authorities, get rid of them if they're found guilty, so that they no longer pose a threat to others. The Church must not walk away from those who have been abused.
4. No one should be above the law! Not even God breaks His laws! The Church must free the clergy from the seal of confessional when serious crimes are involved. The priest-penitent privileged communication shouldn't be an absolute right; such as the attorney-client privilege; when a crime, or the suspicion of a crime is involved, then the clergy should be bound to report it to civil authorities- just like all, other reporters
5. Confessors shouldn't give absolution when a penitent confesses a grave crime unless the penitent confesses his/her crime to civilian authority. This is a suggestion from canon layers.
6. The Church, (all Christian and all other denominations who have committed s*xual abuse crimes), must reform themselves, and revise and/or throw out irrelevant or ineffectual rules that no longer serve the needs of the clergy and the faithful, as to prevent the suffering, the scandals and the abuses that have tarnished the confidence and the image of CHRISTIANITY. Love/accountability must return to the core of the Church to re-establish trust, and hopefully bring back the faithful and new vocations.
7. Jesus would support this NY State legislation mandating all clergy to be required reporters of abuse. Why? Because it is the right thing to do. Jesus never used His status and never asked for special favors and/or treatment! No, He was born poor, was persecuted as an infant; had to escape to a foreign country with His parents, and was again persecuted as a man because He preached the Truth and applied God’s Law of love and mercy during His life. And at the end of His short 33 years, He suffered, was accused unjustly, was tortured, and put to death on a Roman cross. He paid the price for our sins, hence He rescued humanity. That’s not asking for special treatment! Is it? That is why the Church needs to cooperate and support NY State Senate Bill S3158 or a similar version, and restore confidence. Unless the Church does cooperate with the government, it will further erode its already tarnished credibility,
8. I’d like to suggest two things to make this Bill more agreeable to the Church. First, add a limited exclusion for clergy-penitent privacy to Senate Bill S3158.
Second, apply this exclusion on a trial basis; say a period of 3 or 5 years, and be contingent upon the number of clergy abuse numbers going down. For instance, for 2 years in the 3-year trial, or 3-4 years in the 5-year trial. So, if the abuses do not go down, then the law will be without any exclusions for the clergy.
A limited exclusion for clergy-penitent privacy is a rule that recognizes certain communication as privileged, hence not subject to otherwise obligatory disclosure; meaning that, if a clergy member receives a penitential communication or a confession made in confidence, it may fall under the protection of clergy-penitent privacy, hence the clergy member isn’t legally bound to divulge that information.
This protection is often very limited to clergy members, such as ministers, rabbis, and priests, who are authorized to take confessions. The confession must be made privately and not in the presence of non-clergy members to be protected.
Clergy-penitent privacy does not exclude a clergy member from reporting instances of suspected abuse discovered in non-confessional situations. If a minister sees signs of physical abuse on a child and asks the child how they got hurt, the child’s admission of abuse would not be protected under clergy-penitent privacy. However, the clergy-penitent privacy does not exclude clergy members from mandatory reporting requirements. It only offers limited protections for confessions made in confidence to a clergy member authorized to take confessions.
ONLINE DISCUSSION WITH 3 CATHOLIC FRIENDS about NY Senate Bill 2023-S3158, via text, on Thursday, August 8, 11 & 12, and 28, 2024. The question was: SHOULD CLERGY BE REQUIRED TO BE MANDATED REPORTER OF ABUSE?
RESPONSE from 1st FRIEND:
I am waiting to hear the opinion from the Schenectady Pro-Life & 40 Days for Life organization. After that will talk to some local priest and see what their response is to this bill.
My reply:
I understand, however, that priests are not the only ones to be concerned with this bill, but all the faithful, especially the victims and their families.
On Monday 8/12/24 my second friend responded:
Hi Ottavio,
Yes, I did not respond or comment to your text message. On purpose. I disagree with the bill. Sorry, but I do not agree with your letter. We must not mandated clergy, especially priests, to be reporters!!! If they want to do it on their own, they are free to report, with the condition they do not violate the secrecy of confession. The bill is a two-edged sword. Justice must be on both sides. I know the cases of two priests who were falsely accused. After investigations, it was proved that the accusations were false. Knowing the priests personally, I suspected from the very beginning that the accusations were false. The bill, among other things, would encourage false accusations. The bill is wrong.
My response: It's good to hear from you! From what I can see you're doing well!
It took you a while but I'm glad you answered me because, as I have said before, I appreciate your thoughts, also those of my family and friends, and I will consider and include them in my decision-making process and writing.
However, on this subject, I disagree with you because of the Church s*xual abuse scandals are too deep of a wound, in fact, it's still bleeding profusely. And I'm not referring only to the Catholic Church, but also most other Christian and non-Christian denominations of the Western world. I know this because I have been researching this topic since the COVID-19 pandemic when I was considering leaving the Catholic faith for another Christian denomination, however, I didn't and decided to speak up instead against corruption and scandals in the Church.
And I disagree with you, for the following reasons.
First, priests shouldn't be above the law when it involves abuse and/or serious crimes, because human life and dignity is above all else, and my reasons are very simple.
Second priests wrongly accused are probably a very small percentage because it never came up as a big issue in my research, while thousands of priests, at least 4% according to statistics, have committed s*xual abuses.
Third, privileged communication (whether between a priest and a penitent or between an attorney and a client) isn't an absolute right, because of the same reason: when the intention of crime is involved.
Thank you for your response. And I will share sources with you if you like.
Have a good week.
Ottavio
My third catholic friend said that he is in favor of this bill.
I hope that you enjoyed reading these responses, and I also hope that we all pray and work to end the clergy s*xual abuse scandals- once and for all!
Ottavio LoPiccolo, 9-21-24
Support the CARE Act: Make New York's Clergy Mandated Reporters of Sexual Abuse