‘It’s not too late for others’: Kansas clergy must report child abuse if this bill passes

TOPEKA (KS)
Topeka Capital-Journal [Topeka KS]

March 15, 2024

By Jack Harvel

When entering the Kansas Statehouse, one often will be greeted by proponents of adding clergy to the list of occupations that are mandated by law to report abuse and neglect of children.

Some of that group of persistent citizens spoke during a House Judiciary Committee hearing that would add clergy as mandatory reporters of abuse, while maintaining some carveouts to uphold the confidentiality of confession.

Versions of the bill have been shopped around the Statehouse over the past five years, but the last time one got a committee hearing was in 2019. The bill has butted up against such religious practices as Catholic confessionals that are considered confidential between a priest and parishioner.

About half of all states designate clergy as mandator reporters of abuse, and six require it even if it’s learned during a religious rite, such as confession. In 18 states, any individual is required to report suspected instances of child abuse or neglect.

Survivors of child sexual abuse, including those done or ignored by church leaders, testified in support of House Bill 2300, saying it would restore trust in religious institutions and align moral and legal duties of clergy members.

“I tried going to the priest a few times during that time (when abuse occurred) and nothing happened, and why should it? He wasn’t a mandated reporter of abuse in the state of Kansas at the time,” said Joe Cheray, a survivor of child sexual abuse. “It’s too late for me to be able to benefit from the help this legislation would’ve afforded me at the time of my abuse, but it’s not too late for others going forward.”

Judges, law enforcement organizations, advocates against abuse and church leaders from several different Christian denominations testified in support of the legislation. The sole opponent, the Evangelical Lutheran Church, said the bill didn’t go far enough because of the carveout for the exception for confessionals.

“I have been an ordained minister for over 40 years and the confidentiality of the office of confession can and must be broken if there is knowledge of abuse or neglect of a child,” said the Rev. Susan Candea, of the Evangelical Lutheran Church in America.Get the Afternoon Headlines newsletter in your inbox.

The committee did have some potential additions to the bill, like potentially requiring training to identify signs of abuse. Advocates say people can misidentify instances of abuse, which in turn can divert resources away from investigations into actual cases.

Currently, 20 professions in the state are mandatory abuse, including doctors, dentists, optometrists, graduate students of healing arts, nurses, psychologists, psychotherapists, social workers, therapists, counselors, teachers, school administrators, school staff, child care workers, firefighters, EMS personnel, police, corrections officers, case managers and mediators.

https://www.cjonline.com/story/news/politics/state/2024/03/15/kansas-considering-requiring-clergy-report-neglect-and-abuse/72948053007/