In an email to RNS, York said he was not a mandated reporter in this instance, saying it was a police matter and not under the purview of the Department of Children and Family Services. He said he spoke with DCFS and Kane County Detectives at some point and was cleared by them. “Indeed,” York said in his email, “had I not done as the mother asked me, it could have created additional problems.”
He did not explain why he thought this was not a DCFS matter, but Lapeyre said because Cherin’s daughter had originally come to know Rivera in a personal capacity, and because he believed the allegations were not connected with the church, Philbrick did not think York was required by law to report the alleged abuse to the police or to the DCSF.
“You don’t need to be a mandated reporter to make a call to the authorities,” said Christopher Nelson, chief of staff and communications for the Kane County State’s Attorney’s Office. “All you need is reasonable suspicion, and you can make a call in good faith.”
York also claims that Cherin asked him to wait to report to the authorities until she decided what to do, an assertion Cherin disputes. “I never in any way encouraged Rand to stand back while I made up my mind,” Cherin wrote in an email to RNS. “Never at any point did I request that Fr. Rand, or any other church leader, not disclose my daughter’s allegations to the authorities.”
According to Cherin, she met with Lapeyre outside after the meeting and told him that the allegations against Rivera were extremely serious, without sharing the details. At that point, according to Cherin, Lapeyre admitted Cherin ought to report Rivera.
As the COLA community learned of the allegations against Rivera, Cherin said an additional COLA member pressured Cherin not to go to the authorities. Cherin reported the allegations to police on Monday morning.
Although the police told Cherin the DCFS would not be involved, the DCFS did pay Rivera’s wife and four kids a surprise visit. According to Cherin, that visit was a key reason other COLA members chose not to support her or her family.
“Rand (York’s) wife, Kay, has never spoken to me since that happened,” said Cherin. “Father Rand canceled my infant son’s baptism without an explanation. He said he had a lot going on that he needed to handle. Shortly after he cut off contact with me for four weeks, until he emailed me and asked me to resign from the vestry.
“Overnight, we lost all of our community and friends, all of our support,” said Cherin. “We lost my children’s best friends since infancy. And we just were on our own.”
In an email to RNS, York said he visited Cherin’s family regularly and brought them Communion on multiple occasions. York also said Cherin’s position on the vestry was a conflict of interest because the panel was providing financial assistance to both Cherin’s and Rivera’s families.
Cherin said York stopped by for a “sterile five-minute prayer session” shortly after she reported Rivera but otherwise cut off contact for weeks. While COLA did pay for her daughter’s first four counseling sessions, Cherin said that her family did not receive financial assistance from COLA after she was removed from the vestry.
Although Rivera was stripped of the title of catechist the day after Cherin shared the allegations with Rand, none of the clergy who had been informed of the alleged abuse — including York and Beasley — reported it to the police.
Cherin’s description of events stands in sharp contrast to the picture painted by Bishop Ruch in his June 29 update to the diocese regarding the abuse allegations.
Ruch wrote: “Local authorities were immediately contacted on multiple occasions with new information and safety concerns. We have sought and continue to seek to care for victims.”
Beasley and Ruch did not respond to requests for comment.
Though no longer catechist, Rivera continued to be an active member of COLA until his arrest on June 10, 2019, three weeks after Cherin told church leaders. Meanwhile, Cherin said she and her family returned to her childhood congregation, Church of the Resurrection, to seek support.
