2004 Audit Executive Summary: Diocese of Portland, Maine

Bishop Richard Joseph Malone
Previous Audit Conducted 6/23-27/2003

The information found herein represents conditions as they were found to exist during the week of 8/9-13/2004.

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. Twenty-two new victims/survivors came forth during this audit period involving twelve priests of which eight were already dead; two religious no longer in ministry in Maine were referred to their community; one was previously removed and one was removed during this audit period. All of the new victims/survivors are now adults. The bishop or his representative has met with, or offered to meet with all victims/survivors who have reported allegations of abuse since the last compliance audit. The bishop or his delegate has directed outreach to all faith communities in which the sexual abuse occurred. 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, Sr. Rita-Mae Bissonnette who is the Co-Chancellor. During the majority of the audit period Susanne Sturm, Support and Assistance Minister, who had a background in Behavioral Science and Social Welfare, was the primary contact with the victims. Ms. Sturm recently resigned and the bishop is currently interviewing candidates for that position. The diocese established a Review Board in 1993 which was subsequently reconstituted in January 2003 to comply with the Charter. The Review Board consists of 11 members from diverse backgrounds including those of former law enforcement, medical, counseling, private industry, clergy, and education, and is chaired by a former Chief Justice of the Maine Supreme Judicial Court. All cases are presented to the board by the diocesan investigator who is a retired Deputy Police Chief from Portland Maine. Detailed background information on each member is available on the diocese web site. The Board serves as a confidential consultative body to the bishop.

The procedures for making a complaint of abuse are readily available in printed form, on the diocesan website, and are the subject of periodic public announcements. The diocese has entered into two confidentiality agreements during the audit period for reasons brought forward by the victim/survivor.


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

The diocese reported all allegations of sexual abuse of a minor to public authorities since the last compliance audit. 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, where the offender is of advanced age or infirm. 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 established clear and well-publicized standards of ministerial behavior for priests and deacons. 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 does assist and support 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 not implemented a "safe environment" education program for children and parents, and a Required Action was issued. The “safe environment” educational program for ministers, educators and for others is VIRTUS “Protecting God’s Children for Adults”. The diocese has clear and well publicized standards of conduct for persons in positions of trust with regard to sexual abuse. The diocese conducts background evaluations for all diocesan and parish personnel who have regular contact with minors, using appropriate law enforcement resources where permissible. The results of background checks and receipt of training are tracked through a database maintained at the chancery. 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/eparchy 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 participated in research with others 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 Article number 12. The following Required Action was issued:

REQUIRED ACTION #1(Article 12) – The diocese has not implemented a “safe environment program for children and parents and a Required Action was issued to insure a program is established and implemented.


Compliance with the Charter as of December 31, 2004

As of December 31, 2004, the Diocese of Portland, Maine had satisfactorily completed the required action. 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.