June Norms |
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Revised Norms |
| Preamble
On June 14, 2002, the United States Conference of Catholic Bishops
approved a Charter for the Protection of Children and Young
People. The charter addresses the Church's commitment to deal
appropriately and effectively with cases of sexual abuse of minors by
priests, deacons, and other church personnel (i.e., employees and
volunteers). The bishops of the United States have promised to reach out
to those who have been sexually abused as minors by anyone serving the
Church in ministry, employment, or a volunteer position, whether the
sexual abuse was recent or occurred many years ago. They stated that
they would be as open as possible with the people in parishes and
communities about instances of sexual abuse of minors, with respect
always for the privacy and the reputation of the individuals involved.
They have committed themselves to the pastoral and spiritual care and
emotional well-being of those who have been sexually abused and of their
families. |
Preamble
On June 14, 2002, the United States Conference of Catholic Bishops
approved a Charter for the Protection of Children and Young
People. The charter addresses the Church's commitment to deal
appropriately and effectively with cases of sexual abuse of minors by
priests, deacons, and other church personnel (i.e., employees and
volunteers). The bishops of the United States have promised to reach out
to those who have been sexually abused as minors by anyone serving the
Church in ministry, employment, or a volunteer position, whether the
sexual abuse was recent or occurred many years ago. They stated that
they would be as open as possible with the people in parishes and
communities about instances of sexual abuse of minors, with respect
always for the privacy and the reputation of the individuals involved.
They have committed themselves to the pastoral and spiritual care and
emotional well-being of those who have been sexually abused and of their
families. |
In addition, the bishops will work with parents,
civil authorities, educators, and various organizations in the community
to make and maintain the safest environment for minors. In the same way,
the bishops have pledged to evaluate the background of seminary
applicants as well as all church personnel, who have responsibility for
the care and supervision of children and young people. |
In addition, the bishops will work with parents,
civil authorities, educators, and various organizations in the community
to make and maintain the safest environment for minors. In the same way,
the bishops have pledged to evaluate the background of seminary
applicants as well as all church personnel who have responsibility for
the care and supervision of children and young people. |
Therefore, to ensure that each diocese/eparchy in the
United States of America will have procedures in place to respond
promptly to all allegations of sexual abuse of minors, the United States
Conference of Catholic Bishops decrees these norms for
diocesan/eparchial policies dealing with allegations of sexual abuse of
minors by priests, deacons, or other church personnel. |
Therefore, to ensure that each diocese/eparchy in the
United States of America will have procedures in place to respond
promptly to all allegations of sexual abuse of minors, the United States
Conference of Catholic Bishops decrees these norms for
diocesan/eparchial policies dealing with allegations of sexual abuse of
minors by diocesan and religious priests or deacons.1 These
norms are complementary to the universal law of the Church, which has
traditionally considered the sexual abuse of minors a grave delict and
punishes the offender with penalties, not excluding dismissal from the
clerical state if the case so warrants. |
[Preamble for June Norms ends here – following is
the definition of sexual abuse according to the Charter:]
Cf. c. 1395, §2. Notice that a sexual offense violative of §2 need
not be a complete act of intercourse, nor should the term necessarily be
equated with the definitions of sexual abuse or other crimes in civil
law. "Sexual abuse [includes] contacts or interactions between a child
and an adult when the child is being used as an object of sexual
gratification for the adult. A child is abused whether or not this
activity involves explicit force, whether or not it involves genital or
physical contact, whether or not it is initiated by the child, and
whether or not there is discernible harmful outcome" (Canadian
Conference of Bishops, From Pain to Hope, 1992, p. 20). If there is any
doubt about whether a specific act fulfills this definition, the
writings of recognized moral theologians should be consulted and, if
necessary, the opinion of a recognized expert shall be obtained
(Canonical Delicts Involving Sexual Misconduct and Dismissal from the
Clerical State, 1995, p. 6). We also note that diocesan/eparchial
policies must be in accord with the civil law. |
Sexual abuse of a minor includes sexual molestation
or sexual exploitation of a minor and other behavior by which an adult
uses a minor as an object of sexual gratification. Sexual abuse has been
defined by different civil authorities in various ways, and these norms
do not adopt any particular definition provided in civil law. Rather,
the transgressions in question relate to obligations arising from divine
commands regarding human sexual interaction as conveyed to us by the
sixth commandment of the Decalogue. Thus, the norm to be considered in
assessing an allegation of sexual abuse of a minor is whether conduct or
interaction with a minor qualifies as an external, objectively grave
violation of the sixth Commandment (Canonical Delicts Involving Sexual
Misconduct and Dismissal from the Clerical State, USCC, 1995, p. 6). A
canonical offence against the sixth commandment of the Decalogue (c.
1395, §2) need not be a complete act of intercourse. Nor, to be
objectively grave, does an act need to involve force, physical contact,
or a discernible harmful outcome. Moreover, "imputability [moral
responsibility] for a canonical offense is presumed upon external
violation…unless it is otherwise apparent." (c. 1321, §3). Cf. cc
1322-27.2 |
Norms
1. These norms, after approval by the Apostolic See, constitute
particular law for all the dioceses/eparchies of the United States of
America. Two years after recognitio has been received, these
norms will be evaluated. |
Norms
1. Having received the recognitio of the Apostolic See on
______, 2002, and having been legitimately promulgated in accordance
with the practice of this Episcopal Conference on _____, 2002, these
Norms constitute particular law for all the dioceses/eparchies of the
United States of America. Two years after recognitio has been
received, these norms will be evaluated by the plenary assembly of the
United States Conference of Catholic Bishops. |
2. Each diocese/eparchy will have a written policy on
the sexual abuse of minors by priests, deacons, or other church
personnel. A copy of this policy will be filed with the United States
Conference of Catholic Bishops within three months of the effective date
of these norms. Copies of any eventual revisions of the written
diocesan/eparchial policy are also to be filed with the United States
Conference of Catholic Bishops within three months of such
modifications. |
2. Each diocese/eparchy will have a written policy on
the sexual abuse of minors by priests and deacons, as well as by other
Church personnel. This policy is to comply fully with, and is to specify
in more detail, the steps to be taken in implementing the requirements
of canon law, particularly canons 1717-1719. A copy of this policy will
be filed with the United States Conference of Catholic Bishops within
three months of the effective date of these norms. Copies of any
eventual revisions of the written diocesan/eparchial policy are also to
be filed with the United States Conference of Catholic Bishops within
three months of such modifications. |
3. Each diocese/eparchy will designate a competent
assistance coordinator to aid in the immediate pastoral care of persons
who claim to have been sexually abused when they were minors by priests,
deacons, or other church personnel. |
3. Each diocese/eparchy will designate a competent
person to coordinate assistance for the immediate pastoral care of
persons who claim to have been sexually abused when they were minors by
priests or deacons. |
4. To assist the diocesan/eparchial bishop in his
work, each diocese/eparchy will have a review board whose functions
include |
4. To assist diocesan/eparchial bishops, each
diocese/eparchy will also have a review board which will function as a
confidential consultative body to the bishop/eparch in discharging his
responsibilities. The functions of this board may include: |
A. The assessment of allegations of sexual abuse of
minors by priests, deacons, and other church personnel in order to
advise the diocesan/eparchial bishop on whether or not the allegations
appear to be credible; the assessment will be communicated to the victim
and accused; the board can act both retrospectively and prospectively on
these matters; |
A. advising the diocesan bishop/eparch in his
assessment of allegations of sexual abuse of minors and in his
determination of suitability for ministry; |
B. The review of the diocesan/eparchial policy and
procedures for dealing with these allegations at least every two years
in order to recommend to the diocesan/eparchial bishop any
modifications, if appropriate; and |
B. reviewing diocesan/eparchial policies for dealing
with sexual abuse of minors; and |
C. The recommendation concerning fitness for ministry
in particular cases. |
C. offering advice on all aspects of these cases,
whether retrospectively or prospectively. |
5. The review board, established by the
diocesan/eparchial bishop, will be composed of at least five persons of
outstanding integrity and good judgment. The majority of the review
board members will be lay persons who are not in the employ of the
diocese/eparchy; but at least one member should be a priest, and at
least one member should have particular expertise in the treatment of
the sexual abuse of minors. The members will be appointed for a term of
five years, which can be renewed. |
5. The review board, established by the
diocesan/eparchial bishop, will be composed of at least five persons of
outstanding integrity and good judgment in full communion with the
Church. The majority of the review board members will be lay persons who
are not in the employ of the diocese/eparchy; but at least one member
should be a priest who is an experienced and respected pastor of the
diocese/eparchy in question, and at least one member should have
particular expertise in the treatment of the sexual abuse of minors. The
members will be appointed for a term of five years, which can be
renewed. It is desirable that the Promoter of Justice participate in the
meetings of the review board. |
6. Each province will establish an appellate review
board, to be composed of at least five persons of outstanding integrity
and good judgment. The majority of the members will be lay persons; but
at least one member should be a bishop, and at least one member should
be a canon lawyer. The appellate review board's function will be to
offer—upon request by the bishop, the alleged victim, or the accused—its
advice to the diocesan/eparchial bishop on the case (cf. norm 4A). The
request must be made within fifteen (15) days after the alleged victim
or the accused has been notified of the assessment of the initial review
board. Within sixty (60) days of its receiving the request, the
appellate review board's advice will be communicated to those
involved. |
[Norm 6 of June Essential Norms omitted in Revised
Norms] |
7. When a credible allegation of sexual abuse of a
minor by priests, deacons, or other church personnel is made, the
alleged offender will be relieved of any ecclesiastical ministry or
function. An investigation in harmony with canon law will promptly
commence. The accused will be encouraged to retain the assistance of
civil and canonical counsel and will be promptly notified of the
preliminary findings of the investigation. |
6. When an allegation of sexual abuse of a minor
by a priest or deacon is received, a preliminary investigation in
harmony with canon law will be initiated and conducted promptly and
objectively (c. 1717). All appropriate steps shall be taken to protect
the reputation of the accused during the investigation. The accused
will be encouraged to retain the assistance of civil and canonical
counsel and will be promptly notified of the results of the investigation.
When there is sufficient evidence that sexual abuse of a minor has
occurred, the Congregation of the Doctrine of the Faith shall be notified.
The bishop/eparch shall then apply the precautionary measures mentioned
in canon 1722—i.e., remove the accused from the sacred ministry
or from any ecclesiastical office or function, impose or prohibit
residence in a given place or territory, and prohibit public participation
in the Most Holy Eucharist pending the outcome of the process. |
8. If the credible allegation of sexual abuse of a
minor involves a priest or deacon, the ordinary/hierarch will ask him to
undergo appropriate medical and psychological evaluation and
intervention, if possible. |
7. The alleged offender may be requested to seek, and
may be urged voluntarily to comply with, an appropriate medical and
psychological evaluation at a facility mutually acceptable to the
diocese/eparchy and to the accused. |
9. Where sexual abuse by a priest or deacon is
admitted or is established after an appropriate investigation in accord
with canon law, the following will pertain:
A. Diocesan/eparchial
policy will provide that for even a single act of sexual abuse of a
minor-past, present, or future-the offending priest or deacon will be
permanently removed from ministry. |
8. When even a single act of sexual abuse by a priest
or deacon is admitted or is established after an appropriate process in
accord with canon law, the offending priest or deacon will be removed
permanently from ecclesiastical ministry, not excluding dismissal from
the clerical state, if the case so warrants. (c. 1395,
2).3 |
B. In every case, the processes provided for in canon
law must be observed, and the various provisions of canon law must be
considered (cf. Canonical Delicts Involving Sexual Misconduct and
Dismissal from the Clerical State, 1995; Letter from the
Congregation for the Doctrine of the Faith, May 18, 2001). These
provisions may include a request by the priest or deacon for
dispensation from the obligations of holy orders and the loss of the
clerical state, or a request by his diocesan/eparchial bishop for
dismissal from the clerical state even without the consent of the
priests or deacons. For the sake of due process, the accused is to be
encouraged to retain the assistance of civil and canonical counsel. When
necessary, the diocese/eparchy will supply canonical counsel to a
priest. |
A. In every case involving canonical penalties, the
processes provided for in canon law must be observed, and the various
provisions of canon law must be considered. (cf. Canonical Delicts
Involving Sexual Misconduct and Dismissal from the Clerical State,
1995; Letter from the Congregation for the Doctrine of the Faith, May
18, 2001). Unless the Congregation for the Doctrine of the Faith, having
been notified, calls the case to itself because of special
circumstances, it will direct the diocesan bishop/eparch to proceed.
(Article 13, "Procedural Norms" for Motu proprio Sacramentorum
sanctitatis tutela, AAS, 93, 2001, p. 787). If the case would
otherwise be barred by prescription, because sexual abuse of a minor is
a grave offense, the bishop/eparch shall apply to the Congregation for
the Doctrine of the Faith for a derogation from the prescription, while
indicating appropriate pastoral reasons. For the sake of due process,
the accused is to be encouraged to retain the assistance of civil and
canonical counsel. When necessary, the diocese/eparchy will supply
canonical counsel to a priest. The provisions of canon 1722 shall be
implemented during the pendency of the penal process, in accord with
Article 15 of this motu proprio. |
C. If the penalty of dismissal from the clerical
state has not been applied (e.g., for reasons of advanced age or
infirmity), the offender is to lead a life of prayer and penance. He
will not be permitted to celebrate Mass publicly, to wear clerical garb,
or to present himself publicly as a priest. |
B. If the penalty of dismissal from the clerical
state has not been applied (e.g., for reasons of advanced age or
infirmity), the offender ought to lead a life of prayer and penance. He
will not be permitted to celebrate Mass publicly or to administer the
sacraments. He is to be instructed not to wear clerical garb, or to
present himself publicly as a priest. |
[In revised norms, norm 9 constitutes an
additional norm] |
9. At all times, the diocesan bishop/eparch has the
executive power of governance, through an administrative act, to remove
an offending cleric from office, to remove or restrict his faculties,
and to limit his exercise of priestly ministry.4 Because
sexual abuse of a minor is a crime in all jurisdictions in the United
States, for the sake of the common good and observing the provisions of
canon law, the diocesan bishop/eparch shall exercise this power of
governance to ensure that any priest who has committed even one act of
sexual abuse of a minor as described above shall not continue in active
ministry.5 |
[In revised norms, norm 10 constitutes an
additional norm] |
10. The priest or deacon may at any time request a
dispensation from the obligations of the clerical state. In exceptional
cases, the bishop/eparch may request of the Holy Father the dismissal of
the priest or deacon from the clerical state ex officio, even
without the consent of the priest or deacon. |
10. The diocese/eparchy will report to the public
authorities any allegation (unless canonically privileged) of sexual
abuse of a person who is currently a minor and will cooperate in their
investigation. It will cooperate with public authorities about reporting
in cases when the person alleged to have been abused is no longer a
minor. In every instance, the diocese/eparchy will advise and support a
person's right to make a report to public authorities. |
11. The diocese/eparchy will comply with all
applicable civil laws with respect to the reporting of allegations of
sexual abuse of minors to civil authorities and will cooperate in their
investigation. In every instance, the diocese/eparchy will advise and
support a person's right to make a report to public
authorities.6 |
11. Before a priest or deacon is proposed to another
diocese/eparchy for assignment, transfer, or residence, if there is
anything in his background to indicate that he would be a danger to
children or young people, an accurate and complete description of the
priest's or deacon's record will be forwarded by his ordinary/hierarch
to the local ordinary/hierarch of his new residence. This holds even if
the priest or deacon will only reside in the local community of an
institute of consecrated life or society of apostolic life (or, in the
Eastern Churches, as a monk or other religious, in a society of common
life according to the manner of religious, in a secular institute, or in
another form of consecrated life or society of apostolic life). |
12. No priest or deacon who has committed an act of
sexual abuse of a minor may be transferred for ministerial assignment to
another diocese/eparchy or religious province. Before a priest or deacon
can be transferred for residence to another diocese/eparchy or religious
province, his bishop/eparch or religious ordinary shall forward in a
confidential manner to the local bishop/eparch and religious ordinary
(if applicable) of the proposed place of residence any and all
information concerning any act of sexual abuse of a minor and any other
information indicating that he has been or may be a danger to children
or young people. This shall apply even if the priest or deacon will
reside in the local community of an institute of consecrated life or
society of apostolic life (or, in the Eastern Churches, as a monk or
other religious, in a society of common life according to the manner of
religious, in a secular institute, or in another form of consecrated
life or society of apostolic life). Every bishop/eparch or religious
ordinary who receives a priest or deacon from outside his jurisdiction
will obtain the necessary information regarding any past act of sexual
abuse of a minor by the priest or deacon in question. |
12. Care will always be taken to protect the rights
of all parties involved, particularly those of the person claiming to
have been sexually abused and the person against whom the charge has
been made. When the accusation has proved to be unfounded, every step
possible will be taken to restore the good name of the person falsely
accused. |
13. Care will always be taken to protect the rights
of all parties involved, particularly those of the person claiming to
have been sexually abused and the person against whom the charge has
been made. When an accusation has proved to be unfounded, every step
possible will be taken to restore the good name of the person falsely
accused. |
13. These norms will become particular law after
recognitio is received from the Holy See. |
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