Should Pastors Be Mandatory Reporters?

This week we are sharing a guest post from ChurchLeaders.com written by Stephanie Martin. Stephanie is a journalist, editor, and Christian publishing professional, business owner, wife, and mom.  Stephanie is an active member of a church in Lakewood, Colorado where she resides with her family.

In her post Stephanie examines in detail the question, “Are pastors mandated reporters of crimes such as child abuse? The debate around this question continues as efforts to protect children from sexual abuse remain at the forefront of those attending and leading houses of worship.

Click here to view the original post.

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Are pastors mandated reporters of crimes such as child abuse? South Dakota, Kansas, and Virginia are among the states looking into adding pastors and other church staff to the list of mandatory reporting to report suspected child abuse. Other states are deciding whether to tighten existing “mandatory reporter” laws by removing confidentiality from religious conversations such as confession. The debate comes amid continued efforts to safeguard children from sexual abuse and to expose predators who exploit their role as trusted church leaders.

Mandatory Reporting Laws Vary by State 

Although every state requires certain professionals and institutions to report suspected child abuse, the nature of those fields varies. Most commonly, the list of mandated reporters includes health-care providers, teachers, and school personnel, day-care workers, and police officers. Some states expand that to include substance-abuse counselors, domestic-violence professionals, clergy members, and even film processors. California statutes, for example, identify more than 40 professionals as mandatory reporters.

But are pastors mandated, reporters? Currently, clergy are considered mandatory reporters in about half of all states. But even those laws vary because of the unique nature of pastoral care. Some states that include clergy as mandatory reporters exempt pastors from that requirement if abuse is disclosed or discovered during “pastorally privileged conversations.”

Steps for reporting suspected abuse also vary by state. Anyone concerned about a child’s safety or welfare can file a report voluntarily. Some states have even changed the laws to make all adults, regardless of their profession, mandatory reporters.

More States Seek to Add Clergy to the Mandatory Reporting List

Lawmakers in several states have recently taken steps that could impact clergy responsibilities and liabilities. In South Dakota this week, a House committee approved a bill that adds church staff and clergy to the list of mandatory reporters. The bill, HB 1230, now heads for debate on the House floor.

Opponents, including the South Dakota Synod of the Evangelical Lutheran Church in America, say the bill’s definition of “church staff” is too broad. Employees such as secretaries and worship leaders shouldn’t be included as mandatory reporters, they say.

Supporters, meanwhile, say the bill will ease the weight on pastors—especially those in assistant roles—and prioritize the well-being of children. HB 1230, says Rep. Scyller Borglum, R-Rapid City, will “alleviate young pastors of the burden of having to decide whose loyalty to pursue” if they discover a superior is behaving illegally. “By passing this bill into law, we will take the burden off young clergy and…say to them, ‘You have to do this. It’s very simple. It’s very straightforward. It can’t offend anybody in your church because frankly, this is the law and we prioritize children over people’s influence and egos.’”

Are pastors mandated reporters? 

Virginia’s House of Delegates and Senate unanimously passed a bill this week that adds clergy to that state’s list of mandatory reporters. The bill is now in the hands of governor Ralph Northam. The move to add clergy to Virginia’s list was inspired by the recent sexual-abuse conviction of a Manassas youth leader. Some people say his church protected him because he is the senior pastor’s son.

In Kansas last month, State Sen. Tom Holland, D-Baldwin City, introduced a bill making clergy members mandatory reporters. Senate Bill 37 is being called Sheldon’s Law, honoring a boy who was assaulted during a church lock-in.

Are pastors mandated reporters? “Clergy leadership are adults that children must be able to trust to keep them safe,” Holland says. “This bill mandates that they report suspected abuse or neglect to authorities. It is an extra layer of protection for all Kansas children.”

Should Communications With Clergy Be Private?

California lawmakers are currently considering making a key change to the state’s Child Abuse and Neglect Reporting Act. If passed, the amendment would do away with the confession exemption, meaning clergy would need to report abuse suspicions gleaned from conversations that had previously been viewed as private, or privileged.

Supporters say the change is necessary because pastors, like doctors and teachers, frequently interact with families, making them key candidates for identifying abuse. Critics, however, say constitutional rights are at stake. Steve Pehanich of the California Catholic Conference says, “Getting the government in the confessional has nothing to do with protecting children and has everything to do with eroding the basic rights and liberties we have as Americans.”

Are pastors mandated reporters? According to the teachings and laws of the Catholic Church, priests are “bound under severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him,” due to the “delicacy and greatness of this ministry and the respect due to persons.”

Pastoral privilege is also a hot-button topic among non-Catholic churches. From one perspective, without the expectation of privacy, congregants may not turn to church leaders when confronting various challenges. Because of their role as spiritual advisers, pastors often are entrusted with sensitive information about people’s lives. On the other hand, clergy have a responsibility to protect people who are abused—and to prevent future abuse.

Making clergy mandated reporters and ending confidentiality exemptions relieves the pastoral dilemma in abuse cases, some people say. In other words, when laws dictate action, pastors must follow those laws.

Are Pastors Mandated Reporters? Best Practices Call for Reporting 

Legal and church experts recommend reporting all known or suspected cases of child abuse, even if you aren’t a mandated reporter. An article on the Fuller Theological Seminary website notes that state laws are exhaustive in order to safeguard children, and ministry leaders should “outdo the state that has done such a painstakingly thorough job to protect those at risk.”

Even when a pastor isn’t a mandatory reporter under state law, he or she may still contact authorities and report suspected abuse out of a personal or moral obligation. Pastors who don’t comply with mandatory reporting laws can face both criminal prosecution and civil liability. Some states allow abuse victims to sue mandated reporters for monetary damages if those professionals fail to report abuse.

Victims’ advocates say when children open up about abuse, it’s essential for people to listen actively, not express disbelief, and assure children they aren’t to blame.

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