The report offers specific guidance on whether laws include clergy and other church-related positions, plus other requirements a state’s law imposes, including:
- The state’s definition of abuse;
- The process for reporting suspected abuse;
- The deadline for reporting (usually within 24 hours to 48 hours);
- The state’s position on how a clergy member should handle information potentially received through a conversation protected by the clergy-penitent privilege;
- The phone and website contact points for reporting; and,
- The criminal and/or civil liability faced for failing to report.
When the #MeToo movement erupted on social media in 2017, numerous states enacted broad-sweeping changes to their reporting laws. That activity has subsided during the past two years, with the most notable changes coming in the phone numbers or website links that mandatory reporters must use to report.
When in Doubt, Report.
Pastors and church leaders often become aware of abuse either because they learn a child has been harmed by a person within the church or by someone outside the church.
Regardless of who has perpetrated the suspected abuse and where it occurred, pastors and leaders must respond.
Regrettably, though, many hesitate.
Sometimes it’s because they believe a situation can be handled within the church. Other times it’s because they aren’t sure whether they need to verify the credibility of a case.
Neither are good reasons.
The laws simply state “reasonably suspected cases of abuse,” and that standard—though seemingly ambiguous—is not difficult to meet. The laws do not require further inquiry on the part of the mandatory reporter, or for the mandatory reporter to present specific evidence.
Furthermore, states offer immunity to an individual who makes a good-faith report that is later deemed to be inaccurate, underscoring just how much the state wants persons in positions of trust to act.
As attorney Richard Hammar, the co-founder of Church Law & Tax, has recommended for years, “When in doubt, report.” A child’s well-being hangs in the balance.
This article originally appeared on Church Law & Tax.
