Supporters say the change is necessary because pastors, like doctors and teachers, frequently interact with families, making them key candidates for identifying abuse. Critics, however, say constitutional rights are at stake. Steve Pehanich of the California Catholic Conference says, “Getting the government in the confessional has nothing to do with protecting children and has everything to do with eroding the basic rights and liberties we have as Americans.”
Are pastors mandated reporters? According to the teachings and laws of the Catholic Church, priests are “bound under severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him,” due to the “delicacy and greatness of this ministry and the respect due to persons.”
Pastoral privilege is also a hot-button topic among non-Catholic churches. From one perspective, without the expectation of privacy, congregants may not turn to church leaders when confronting various challenges. Because of their role as spiritual advisers, pastors often are entrusted with sensitive information about people’s lives. On the other hand, clergy have a responsibility to protect people who are abused—and to prevent future abuse.
Making clergy mandated reporters and ending confidentiality exemptions relieves the pastoral dilemma in abuse cases, some people say. In other words, when laws dictate action, pastors must follow those laws.
Are Pastors Mandated Reporters? Best Practices Call for Reporting
Legal and church experts recommend reporting all known or suspected cases of child abuse, even if you aren’t a mandated reporter. An article on the Fuller Theological Seminary website notes that state laws are exhaustive in order to safeguard children, and ministry leaders should “outdo the state that has done such a painstakingly thorough job to protect those at risk.”
Even when a pastor isn’t a mandatory reporter under state law, he or she may still contact authorities and report suspected abuse out of a personal or moral obligation. Pastors who don’t comply with mandatory reporting laws can face both criminal prosecution and civil liability. Some states allow abuse victims to sue mandated reporters for monetary damages if those professionals fail to report abuse.
Victims advocates say when children open up about abuse, it’s essential for people to listen actively, not express disbelief, and assure children they aren’t to blame.