Folia Theologica et Canonica 10. 32/24 (2021)
Ius canonicum
78 GORAN JOVICIC The Children’s Bureau explains in the Chart, that “if the issue of privilege is not addressed in the reporting laws, it does not mean that privilege is not granted; it may be granted in other parts of State statutes”29. This privilege, however, is according to the Chart not absolute. It adds, “While clergy-penitent privilege is frequently recognized within the reporting laws, it is typically interpreted narrowly in the context of child abuse or neglect.”30 The circumstances under which the clergy-penitent privilege is allowed vary from State to State, and in some States it is denied altogether. The Chart is listing a couple examples among the States that list clergy as mandated reporters. This is the case for example in Guam, New Hampshire,31 Massachusetts32 and West Virginia, where the clergy-penitent privilege in cases of child abuse or neglect is denied.33 Thus the state’s Child Protection Act in New Hampshire mandates that any person, including a “priest, minister, or rabbi” must report suspected child abuse and neglect to the appropriate government agency. The only exception to universal reporting in New Hampshire is the attorney-client privilege. All other “professional” privileges, including the priest-penitent privilege, are not honored when it comes to the state’s mandatory child abuse reporting requirements.34 In North Carolina, Oklahoma, Rhode Island, and Texas, “any person” is considered as a mandated reporter including the member of clergy. The Chart admits that in some States is not very clear whether clergy members are enumerated as mandated reporters within the broad categories of professionals who work with children. In Washington for example, clergy are not listed as mandated reporters, but the clergy-penitent privilege is affirmed within the reporting laws.35 As a response to the abuse crisis in United States the National Conference of Catholic Bishops (USCCB) issued in 2005 at its June 2005 Plenary As29 See the Clergy as Mandatory Reporters of Child Abuse and Neglect, in https://www.childwelfare.gov/pubpdfs/clergymandated.pdf (consulted: 11.6.2021). 30 See the Clergy as Mandatory Reporters of Child Abuse and Neglect, in https://www.childwelfare.gov/pubpdfs/clergymandated.pdf (11.6.2021) 31 For New Hampshire, see http://www.gencourt.state.nh.us/rsa/html/XII/169-C/169-C-29.htm (consulted: 11.6.2021). 32 For Massachusetts see https://www.mass.gov/doc/a-mandated-reporters-guide-to-child-abuseand-neglect-reporting/download (consulted: 11.6.2021). 33 See the Clergy as Mandatory Reporters of Child Abuse and Neglect, in https://www.childwelfare.gov/pubpdfs/clergymandated.pdf (11.6.2021) and see https://www.mass.gov/doc/ a-mandated-reporters-guide-to-child-abuse-and-neglect-reporting/download (consulted: 11.18. 2021). 34 http://www.gencourt.state.nh.us/rsa/html/XII/169-C/169-C-29.htm (consulted: 11.6.2021). 35 See the Clergy as Mandatory Reporters of Child Abuse and Neglect, in https://www.childwelfare.gov/pubpdfs/clergymandated.pdf (consulted: 11.6.2021).
