Michigan Appeals Court: Pastors Don't Have to Report Child Abuse

Detroit Free Press
August 23, 2013

http://www.freep.com/article/20130823/NEWS06/308230064/Michigan-pastor-cleared-in-dispute-over-child-abuse-report

A western Michigan pastor who was told about suspected child abuse can't be prosecuted for failing to report it, the state appeals court said today, citing a law that gives clergy protection in cases dealing with confidential information.

The court, in a 3-0 decision, agreed with similar decisions by judges in Ionia County, east of Grand Rapids.

In 2009, a woman told John Prominski, pastor of Resurrection Life Church in Ionia, that her husband likely was abusing her daughters. She wanted advice from him but authorities weren't alerted.

After another incident in 2011, Prominski told the woman that she must contact police or he would, according to a summary of the case. That's when police learned he had failed to report suspected abuse two years earlier.

The Ionia County prosecutor charged Prominski with failing to make a report, but two courts dismissed the charge.

"Although the mother did not make a confession, she had a similar expectation the communication would not be shared," said appeals court judges Stephen Borrello, David Sawyer and Deborah Servitto.

Prominski "was not required to make a report. ... The motion to dismiss was properly granted," they said.

Messages seeking comment were left for the prosecutor, Prominski and Prominski's attorney.