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  Secrets No More?
Clergy-Reporting Bill under Fire

By Lauren Wolfe
Long Island Press [New York]
June 17, 2005

Albany has taken on a frenzied look in these last weeks of the legislative session. Debate is nonstop as lawmakers scramble to push through hundreds of bills. Among the pieces of legislation waiting in the New York State Senate is one that addresses a concern that arose out of the Catholic Church's priest abuse scandal, one that is strangely controversial.

The bill would add clergy to the list of people in 31 professions now mandated to report suspected child abuse. The list currently includes physicians, psychologists and even Christian Scientists and podiatrists. Adding clergy might seem like a no-brainer, but the legislation would not only add them to the group of mandated reporters, but also reclassify what kind of abuse such people would be legally required to report. That part is giving pause to some advocates who work with minors.

Sponsored by Sen. Stephen M. Saland (R-Poughkeepsie), the bill would necessitate that clergy report on all potentially sexual relationships between minors and those of age (allegations learned through confession would be excluded). Currently, the counseling adult can make a judgment about whether a relationship is abusive. Also, the proposal requires reporting of abuse or neglect by adults who are not parents or legal guardians. Current law only requires reporting of suspected child abuse or neglect when it involves a parent or legal guardian of the child.

Critics worry that this new provision could endanger the lives of teens, however.

Thea Griffin, interim executive director of the National Association of Social Workers in New York State, fears that requiring professionals to, in a sense, snitch on kids could prevent teens from discussing sexual issues at all.

"We want adolescents to be able to talk," says Griffin. "If somebody went to Planned Parenthood who is underage, they would have to notify the police if [the minor] came in for birth control."

For instance, Griffin explains, a 16-year-old may mention going on a date with a 21-year-old. If this bill were to become law, it would require reporting by clergy and others, including health and social workers.

"We have progressed as a society to come to an understanding that when someone is two years into college and they have a sexual relationship with a child one year out of elementary school, that's a crime," says Laura Ahearn, director of the Stony Brook-based Parents for Megan's Law, a national not-for-profit community and victim's rights organization that focuses on preventing and treating childhood sexual abuse.

Yet Griffin opposes such a cut-and-dried view. "It's up to the discretion of the social worker to decide if a situation is statutory rape," she says. "The professional makes the call."

Another group eyeing the bill warily is Prevent Child Abuse New York, a statewide nonprofit based in Albany.

"Generally, Prevent Child Abuse New York is supportive of any effort requiring clergy to report abuse," says Jennifer Matrazzo, the organization's spokeswoman. "But we have serious concerns if legislation would change the nature of the doctor-patient relationship."

Although the legislation is supported by 18 Republicans in the Senate and the chair of the education, health and social services committees, it may not become law. A similar bill passed the Assembly at the end of May, although its focus, says a spokesman for Sen. Dean G. Skelos (R-Rockville Centre), a sponsor of the bill, is on enabling civil lawsuits, not the criminal measures included in the Senate's legislation.

"It's about opening the vault to information, reports and evidence, so that the public is aware and the public has the information they need to make decisions, and so law enforcement can do its job," Skelos spokes-man Tom Dunham says.

Even with competing bills, everyone agrees that some kind of legislation addressing clergy reporting is long overdue.

"I can't understand how [clergy] escape that—not having to report like nurses or doctors," says Mary Kiernan, co-founder of the Rockaway Beach chapter of Voice of the Faithful, a lay organization that aims to support victims of abuse and effect structural change in the Church. Kiernan, an outspoken supporter of the legislation, says, "They have put themselves above the law."

 
 

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