2004 Audit Executive Summary: Diocese of Youngstown

Bishop Thomas J. Tobin
Previous Audit Conducted 8/18-22/2003

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. 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, Nancy L.Yuhasz (also the Chancellor) who holds a master’s degree in church management and has been employed by the Diocese for over 30 years. The Diocese established in 2002 a Review Board that consists of 13 members. The members include a county prosecutor who also holds a PHD in psychology, a Lutheran minister, a Jewish attorney, a Youngstown Police Detective, a former sister Superior of the Ursuline Order, a physician, a child abuse psychologist, and a deacon/parent. 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, and are the subject of periodic public announcements. The Diocese has not entered into any confidentiality agreements during the audit period.


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

There have been three (3) allegations of sexual abuse of a minor by a clergy member reported since the last compliance audit, all of which have been referred to public authorities. 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 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 fully implemented a "safe environment" education program. However, a Required Action was issued to better track training statistics. The Diocese has a comprehensive educational program for all personnel categories (i.e., children, parents, ministers, educators, and others) that is administered through its Diocesan Child Protection Policy. 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. To enhance the Diocese’s ability to track background investigations, a Required Action was issued. 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, without providing the proper notification to the new Diocese of 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 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 number 12 and 13. The following Required Actions were issued:

REQUIRED ACTION # 1 (Article 12) – To ensure that all personnel categories outlined in the Charter are afforded safe environment training, the Diocese needs to create a mechanism whereby these statistics can easily be retrieved.

REQUIRED ACTION # 2 (Article 13) - To ensure that all personnel categories outlined in the Charter are afforded timely background investigations, the Diocese needs to create a mechanism whereby these statistics can easily be retrieved.


Compliance with the Charter as of December 31, 2004

As of December 31, 2004, the Diocese of Youngstown is found to be compliant with all articles of the Charter for the Protection of Children and Youth except for Article 12 and Article 13.


Efforts made to address “Required Actions

Required Actions 1 and 2: Safe Environment Programs and Background Investigations

With this new audit requirement that the diocese “obtain the number of individuals trained by category from the respective parishes” and “obtain the number of individuals in each category who have completed background investigations,” the Diocese of Youngstown is complying by the following procedure. However, it should be noted here that the diocese is able to supply this information on an individual basis by the name of the employee or volunteer, even though the total number is not yet available.

Data Base
A data base has been built in which the diocese can document the name, location and ministry (category) of all persons employed by or volunteering in all our parishes, schools and institutions. This data base enables the diocese to track information as to when each individual received the background check and the safe environment training. When completed, the numbers of persons will be able to be tallied.

It should be noted that the data base goes beyond what is required and will be able to provide not only total numbers, but also numbers: by parish, school or institution; by ministry (category); by paid or volunteer service; by persons who do or do not work with children, etc.

The diocese is currently entering into this data base the required information as supplied to the Chancery Office by the parishes, schools and institutions. This will take more time to accomplish than was allowed by the audit in order that the required actions be removed from the Executive Summary.

Compliance Checklist
This information is being gathered by a new Compliance Checklist now in use by all parishes, schools and institutions of the diocese in order that the data base may be kept up to date as new employees and volunteers begin service. This checklist also allows the parishes, schools and institutions to keep track of compliance for each of their own employees and volunteers.

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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.





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