 | All clergy must comply with child, disabled and/or adult abuse laws
within Utah. These laws include:
 | reporting child abuse or neglect (Utah code 62A-4a-403)
|
| reporting fetal alcohol syndrome or drug dependence (Utah code
62A-4a-404)
|
| reporting death of child due to abuse or neglect (Utah code 62A-4a-405)
|
| reporting disabled or elder adult (65 years of age or older) abuse (Utah
code 62A-3-302)
|
|
| When reporting child abuse or neglect, a clergy exemption does
apply to clergy/priest if:
| information is received in confession made directly to clergy/priest by
perpetrator AND
|
| Clergy/priest, under canon law or church doctrine or practice, is bound
to maintain confidentiality of confession
|
|
| Exemption of notification does not exempt
clergy/priest from any other efforts required by law to protect further abuse or neglect
by the perpetrator
|
| Clergy exemption does not apply to
clergy/priest if
| perpetrator consents to disclosure OR
|
| clergy/priest does not fall within exception OR
|
| clergy/priest received information from any source other than
perpetrator (even if perpetrator also confesses)
|
|
While most states do not require clergy, or anyone, to report spouse
abuse, often the involvement of law enforcement is the only way to stop the abuse. The two
most important considerations need to be:
1.
Safety of the victim and children
2.
Perpetrator accountability
When confidentiality becomes a concern, clergy should ask questions
concerning who needs to be told, why they need to be told and what exact
information needs to be shared. Often a victim will feel embarrassed, shamed and guilty
for the abuse inflicted upon her. While unfounded, these feelings often prevail and are
devastating to the victim when others unnecessarily discover the truth. The most important
issue to remember is to return to the victim the control of who, why and what needs
to be shared. She should decide the best avenues of communication and the clergy member is
an excellent resource to help her sort things out.
