2004 Audit Executive Summary: Diocese of Paterson

Bishop Arthur J. Serratelli, STD, SSL, DD
Previous Audit Conducted 8/18 - 20/2003

The information found herein represents conditions as they were found to exist during the week of 8/23 – 26/2004.

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 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 Peggy Zanello, who is a State of New Jersey certified Domestic Violence Therapist with multiple degrees and 34 years of counseling experience. The Diocese established in 2002 a Review Board consisting of 9 members. The members include the Vicar General of the Diocese, a retired police detective Lieutenant who handled cases of sexual abuse of minors, two canon lawyers, two experts in family therapy, a priest psychologist, a public school principal and a lay woman who is also SNAP member. 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 entered into one confidentiality agreement concerning one element of the agreement during the audit period at the request of 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. In this regard, the Chief Assistant Prosecutor for Passaic County commented that “if all other communities were as cooperative as the Diocese, their case load would be greatly reduced.” 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 not initiated until the civil authorities agree. 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 accused 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 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. The educational program for children (from kindergarten through grade 6) is the Child Assault Prevention Program (CAP) partially funded by the State of New Jersey. Thirty-four of the 56 schools in the Diocese have received this training. Twelve more are being funded by the state and the remaining 11 are to be funded by the Diocese. The educational program for parents is VIRTUS; the educational program for ministers is VIRTUS; the educational program for educators is VIRTUS and, in addition, educators in the elementary schools also receive CAP; and the educational program for others is VIRTUS. 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. During the audit period, it was determined that 7 priests and 1 deacon had not yet submitted to a fingerprint check necessary to complete a background investigation. In addition, the Diocese was unable to account for the exact number of lay employees and volunteers who have had their background and fingerprint checks completed. Two required action forms were 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 transferred a priest who has had a credible allegation of sexual abuse made against him to another diocese for residence during this audit period. While the allegations were not prosecutable, the priest was sent back to Bolivia and the information about him was provided to the Bishop in Bolivia.

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 Article number 13. The following Required Actions were issued:

REQUIRED ACTION #1 (Article #13) – The Diocese will insure that the 7 priests and 1 deacon have their fingerprints checked in accordance with the diocesan policy for background investigations.

REQUIRED ACTION #2 (Article #13) – The Diocese will determine and furnish the number of lay employees and volunteers who have undergone fingerprint checks and background investigations in accordance with diocesan policy.


Compliance with the Charter as of December 31, 2004

As of December 31, 2004, the Diocese of Paterson had satisfactorily completed the required actions. The diocese is found to be in compliance 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.