2004 Audit Executive Summary: Diocese of Birmingham

Bishop David E. Foley
Previous Audit Conducted September 22-25,2003

The information found herein represents conditions as they were found to exist during the week of August 16-20, 2004.

Findings

To Promote Healing and Reconciliation (Articles 1, 2 and 3)

The diocese has a policy on the prevention of sexual abuse of minors by clergy. The diocese provides outreach designed to offer pastoral care to victims/survivors and their families. The bishop has expressed his willingness to meet with all victims/survivors who report allegations of abuse since the last compliance audit, but no complaints have been received during this audit period. The bishop has directed that outreach be made available to all faith communities in which an incident of sexual abuse of a minor is reported. The diocese has a mechanism in place to respond promptly to any allegation where there is reason to believe that sexual abuse of a minor occurred.

The diocese has a victim assistance coordinator, Al Manzella, who has a Master of Arts degree in social work and 26 years experience in the child welfare field with the Alabama Department of Human Resources prior to his assignment to that position in October 2002. In 2002, the diocese established a Review Board, which consists of 11 members. The members include the executive director of the National Children’s Advocacy Center, the director of the Catholic Center of Concern, a nun who is a clinical psychologist, a retired judge, a pastor, a retired social worker, a parent/mother, a psychiatrist and neuro pathologist, a presiding district court and juvenile court judge, the retired outside counsel for the diocese, and the training director of the National Children’s Advocacy Center. The Board serves as a confidential consultative body to the bishop.

The procedures for making a complaint of abuse are not readily available in printed form, and are not the subject of periodic public announcements. Required Action #1 was presented to address this issue. The diocese has not entered into any confidentiality agreement during the audit period.


To Guarantee Effective Response to Allegations of Abuse of a Minor (Articles 4, 5, 6 and 7)

The diocese did not report any allegations of sexual abuse of a minor to public authorities since the last compliance audit because no complaints were received during the current audit period. The diocese complies with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities. The diocese has established effective liaison with civil authorities, ensuring that an open dialogue regarding sexual abuse allegations will occur. The diocese cooperates with public authorities about reporting in cases when the person is no longer a minor. In all instances, the diocese advises victims/survivors of their right to report allegations of abuse by a member of the clergy to civil authorities.

When an allegation of sexual abuse of a minor by a priest or deacon is received, a preliminary investigation, in harmony with canon law, is initiated. If a preliminary investigation so indicates, the diocese notifies the Congregation for the Doctrine of Faith and applies the precautionary measures mentioned in CIC, canon 1722, or CCEO, canon 1473. When accusations against a priest or a deacon are proven to be unfounded, the diocese takes steps to restore the good name of the priest or deacon.

When sexual abuse of a minor by a priest or a deacon is admitted or established after an appropriate process in accord with canon law, the diocesan policies provide that the offending priest or deacon be permanently removed from ministry. The diocese offers professional assistance to offending priests or deacons.

In every case involving canonical penalties, the processes provided for in canon law are observed. Accused clergy are encouraged to retain the assistance of civil and canonical counsel. When necessary, the diocese supplies canonical counsel to a priest or deacon.

If the penalty of dismissal from the clerical state has not been applied, the diocese directs the offender to lead a life of prayer and penance. The diocese does not allow the offender to celebrate mass publicly, to administer the sacraments, or to present himself publicly as a priest.

The diocese has not established clear and well-publicized standards of ministerial behavior for priests and deacons. Required Action #2 was presented to address this issue. A communications policy is in effect which reflects the bishop’s pledge to be open and transparent on issues regarding the sexual abuse of children. The diocese assists and supports all parish communities directly affected by ministerial misconduct involving minors.


To Protect the Faithful in the Future (Articles 12, 13, 14, 15, 16 and 17)

The diocese has fully implemented a "safe environment" education program. The educational program for children is Faith, Family and Friends; the educational program for parents, ministers, educators and others is Christian Ministry Resources, Risk II: Making Your Church Safe from Child Sexual Abuse. The diocese was found lacking in the specific area of well-publicized standards of conduct for clergy with regard to sexual abuse, but not for other persons in positions of trust. The diocese has completed background evaluations for clergy, religion educators and schoolteachers, but not completed background evaluations for all employees and volunteers who have regular contact with minors. Required Action #3 was presented to address this issue. Appropriate law enforcement resources were used for that purpose as permissible. The diocese employs adequate screening and evaluative techniques in deciding the fitness of candidates for ordination. The diocese has not transferred any priest or deacon who has had a credible allegation of sexual abuse made against him to another ministerial assignment since the last audit. The diocese has not transferred any priest or deacon who has had a credible allegation of sexual abuse made against him to another diocese for residence. The bishop, or his designee, has coordinated with major superiors of men with a presence in the diocese concerning addressing the issue of allegations of sexual abuse of minors by clergy. The diocese has not had the opportunity to participate in research with other institutions in the area of sexual abuse. The diocese has developed a systematic ongoing formation program in keeping with the Basic Plan for the Ongoing Formation of Priests.


Compliance with the Provisions of the Charter

At the conclusion of this compliance audit, the diocese was found to be compliant with all articles of the Charter for the Protection of Children and Young People with the exception of Articles 2, 6 and 13. The following Required Actions were issued:

REQUIRED ACTION # 1 (Article 2):
Deficiency: The procedures for those making a complaint of sexual abuse of a minor are not “readily available in printed form” and are not the subject of “periodic public announcements” and a Required Action was issued to insure compliance with Article 1.

REQUIRED ACTION #2 (Article 6):
Deficiency: Clear and “well-publicized diocesan standards of ministerial behavior and appropriate boundaries for clergy” have not been produced in “well-publicized” form and a Required Action was issued to insure compliance with Article 6.

REQUIRED ACTION #3 (Article 13):
Deficiency: With the exception of clergy, religious educators and schoolteachers, background investigations have not been completed on ALL diocesan and parish personnel (predominately volunteers) who have regular contact with minors. A Required Action was issued to insure compliance with Article 13

Compliance with the Charter as of December 31,2004

As of December 31, 2004, the Diocese of Birmingham had satisfactorily completed the required actions. The Diocese is found to be compliant with all articles of the Charter for the Protection of Children and Young People.

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Office of Child & Youth Protection | 3211 4th Street, N.E., Washington DC 20017-1194 | (202) 541-3000 © USCCB. All rights reserved.