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OCTOBER, 2003

It is the intention of the Eparchy of Chicago to update and expand existing procedures in order to prevent sexual abuse of minors by personnel and invited guests of the Eparchy of Chicago and any resulting harm to the victim and to others. This document represents a further development of policy procedures issued in 1992. This Policy details the Eparchy of Chicago’s response in those unfortunate situations when allegations of abuse do occur. The goal is to do all that is needed to address the allegation or crime and be a source of healing to those in need.

This Policy serves to

a) Strengthen the screening procedures toward the prevention of sexual abuse of a minor by Eparchial personnel.

b) Address reporting requirements to Civil and Eparchial/Ecclesiastical authorities.

c) Address the spiritual, physical and emotional care of the minor and the family as well as the affected community.

d) Address the physical and emotional care of the individual against whom the charge was made.

e) Address other actions to be taken when the sexual abuse of a minor is alleged.

 

 

a) Minor: Any person under the age of eighteen (18) is considered a minor under sexual abuse laws. A vulnerable person over the age of eighteen (18) is also covered by the law when such a person is unable or unlikely to report abuse without assistance because of impairment due to physical, mental or emotional status.

b) Eparchial Personnel: Includes priests, deacons, religious, lay employees, lay volunteers or contract workers who have contact with children while working in the Eparchy of Chicago.

c) Administrative Leave: Person accused is being relieved of their office/position and duties pending further notice.

 

Abuse may consist of any of the following:

 

d) Sexual Abuse: Any act which involves sexual molestation or sexual exploitation of a child by a parent or any other person who has permanent care, temporary care, custody or responsibility for supervision of a minor, whether physical injuries are sustained or not. Sexual abuse includes acts of incest, rape or sexual offense in any degree, sodomy, any unnatural or perverted sexual practices, lewd or indecent acts/proposals, permitting or encouraging a minor to participate in acts of prostitution or pornography.

e) Physical Abuse: Sustaining of a physical injury by a minor as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances which indicate that a minor’s health or welfare is harmed or threatened thereby.

f) Child Neglect: Abandonment of a minor by a parent, custodian or guardian; lack of care or control in respect to subsistence, education, physical health or emotional health (excluding instances of financial inability to provide); refusal or inability to discharge parental or custodial obligations and expression of intention by parent, custodian, guardian or institution to discontinue care.

 

 

The following clergy, current employees and volunteers of the Eparchy shall obtain and return to the Chancery a copy of their Criminal History Record:

a) All priests, religious and deacons.

b) All principals, assistant principals, teachers, contract workers, guidance counselors, librarians and staff (e.g. clerical, teacher aides, maintenance, security and food service) and all volunteers of Catholic schools operated by the Eparchy or parish.

c) All directors, coordinators, catechists and staff of religious education programs and all teachers of religious education.

d) All persons providing child care services under the auspices of the Eparchy and/or any parish, mission and/or other organizations which are subject under civil law and/or canon law to the administration, authority and/or governance of the Eparchy.

e) All youth ministers, directors and coaches of minor’s activities (e.g. altar servers, sodalities, athletics, scout leaders, choir, etc.) and similar Eparchial personnel having contact with minors and who provide such services under the auspices of the Eparchy or any parish, mission or other organization which are subject under civil law and canon law to the administration, authority and/or governance of the Eparchy.

 

 

In addition to the Criminal History record, an Information Questionnaire shall be required to be submitted. Protopresbyters are responsible to ensure that all clergy of their respective protopresbytery shall obtain the completed Criminal History Record and Information Questionnaire and submit these forms to the Chancellor. The Chancellor is in charge of compiling and maintaining all records.

Any male who applies for studies for the presbyterate or deaconate shall fill out the Information Questionnaire, provide a copy of their Criminal History and receive psychological testing in addition to the other requirements for acceptance into the appropriate programs of study.

Any priest, religious or deacon seeking incardination or residence in the Eparchy is required to present the same documentation before being accepted for ministry.

All priests, religious, deacons and laypersons who are invited to preach and/or direct retreats, days of recollection, spiritual conferences, etc., will be required to have completed an Information Questionnaire and have submitted a Criminal History Record. These documents will be submitted to the Chancellor of the Eparchy before approval to serve within the Eparchy. Where a priest, religious or deacon assists consistently within the Eparchy, these documents will be re-submitted annually.

All priests, religious and deacons who are invited to substitute in the Eparchy in the event of a vacancy, annual leave or days off will be required to have completed an Information Questionnaire and have submitted a Criminal History Record. These documents will be submitted to the Chancellor of the Eparchy before approval to serve within the Eparchy. Where a priest, religious or deacon assists consistently within the Eparchy, these documents will be re-submitted annually.

No pastor, parochial vicar or employee shall grant residence or employment until the proper documentation and proper background check has occurred, and after having sought and received written permission from the Ukrainian Catholic Bishop of Chicago.

Each parish pastor and/or administrator is to ensure that

- the Sexual Abuse Policy of the Eparchy of Chicago, and

- Promise to Protect, Promise to Heal (Charter for the Protection of Children and Young People, the Essential Norms, and the Statement of Episcopal Commitment)

are always available in the parish office for reference and distribution to all interested.

Each parish pastor and/or administrator is to ensure that sufficient copies of the Eparchial Victim Assistance Ministry pamphlet are always available in the Church entrance, school offices, religious education facilities and parish halls.

All monasteries, retreat centers, and institutions under the jurisdiction of the Eparchy are to insure that sufficient copies of the Eparchial Victim Assistance Ministry pamphlet are available for reference and distribution to all interested.

Any instance of known or suspected child abuse must be reported to the proper civil authority and the Designated Person of the Eparchy. The individual reporting the instance need not furnish proof.

The information to be reported shall be:

a) Name, address and age of the minor.

b) Name and address of the minor’s parents, custodian or guardian.

c) The whereabouts of the minor.

d) Nature, type and extent of the alleged abuse.

e) Date(s) of occurrence and frequency.

f) The name of the accused.

f) Any other information.

 

The Eparchy of Chicago is an interstate jurisdiction encompassing parishes, schools, monasteries and other ecclesiastical entities located in sixteen states from Michigan to the Pacific Coast, including Alaska and Hawaii. Please refer to the Addendum as to the particular Statute of each civil jurisdiction concerning statutes on criminal sexual offenses and mandatory reporting requirements.

The concern of the Eparchy of Chicago is the care and welfare of the abused. Also, the respect, dignity, and rights of the accused are to be upheld.

When an allegation of abuse has been made, an investigation shall be initiated. The Eparchy has an obligation to assure that the minor is protected from the alleged abuser. Depending on the nature of the allegation, the accused may be removed from their assignment/position so that contact with minors will be restricted.

The following steps shall be taken after an allegation:

a) The Eparchy shall immediately report any and all allegations of abuse to the appropriate civil authority, i.e. law enforcement, social services, etc.

b) The Eparchy shall cooperate fully in the investigation of the allegation(s) conducted by the civil authorities and not interfere.

c) The Eparchy shall immediately implement a plan, in consultation with the investigating civil authorities, to ensure the safety of the victim and any other minors. This shall include putting any clergy or employee on administrative leave for the duration of the investigation.

 

d) The Eparchy shall request information from the civil authorities regarding the results of the investigation in order to make an informed decision regarding the clergy/employee.

e) The Eparchy shall clearly identify the personnel charged with assuring that a safety plan is implemented during the investigation, and that any recommendations resulting from the investigation by the civil authorities are reviewed and implemented as they pertain to the Eparchy.

f) The Eparchy shall not enter into confidentiality agreements as part of any litigation or settlement related to the allegations of abuse by clergy or an employee.

g) The Eparchy shall provide affected parishes, schools or institutions with a standard statement that acknowledges that an allegation has been made.

h) The Eparchy shall notify other parishes, school or institutions where the accused has served in the past. This is important since more victims may be involved.

i) The Eparchy shall seek input from and consider the needs of the victim and the victim’s family.

j) To assure the rights of the accused, a statement shall be issued that states that the removal of accused is not a final determination of the allegations made.

k) The Eparchy shall assist the accused in restoring their reputation when an allegation is shown to be without foundation.

 

The role of the Ukrainian Catholic Bishop of Chicago is a critical role in situations involving the victim and the accused. His role is to reach out to the victim(s), the victim’s families and the faith community in providing support and compassion. He is also to ensure the clergy and employees of the Eparchy that they are held accountable for their actions that violate the moral laws of the Church as well as civil law.

a) The Bishop shall offer to meet personally with the victim and the victim’s family in a place that is mutually agreeable.

b) The Bishop shall take personal responsibility for the protection of minors.

c) The Bishop shall assure that all clergy and employees are informed of the policies of the Eparchy regarding sexual abuse of a minor and are adequately trained in the policies.

d) The Bishop shall assure that both victims and the accused receive appropriate treatment from qualified providers. If a victim chooses to obtain treatment independent of what the Eparchy is providing, it will be respected and supported.

e) The Bishop shall insure that the clergy and employees have their legal rights respected and protected.

f) The Bishop shall assure that seminarians are adequately prepared for and understand the responsibility of protecting minors.

g) The Bishop shall assure that no transfer of an accused cleric into or out of the Eparchy shall take place if an alleged abuse has been confirmed or while an investigation is taking place. In the event an allegation is not confirmed and the cleric desires a transfer to another eparchy (diocese, religious order), a record of allegations shall be made available. This record shall be maintained for ten (10) years and kept in outline form for perpetuity.

 

 

The Review Board is a predominantly lay board composed of people appointed by the Bishop to serve in a consultative and advisory capacity. The final decision authority resides exclusively with the Bishop.

 

BOARD FUNCTION:

 

The function of the Review Board is as follows:

 

a) To assess the credibility of an allegation(s) concerning the sexual abuse of a minor that has been made against a cleric, religious, employee or volunteer of the Eparchy, and to advise the Bishop of its findings and conclusions.

b) To monitor, in each particular case, allegations of sexual abuse of minors that have been made against a cleric, religious, employee or volunteer in order to insure that this policy is being fulfilled.

c) To review this policy and its procedures and to provide the Bishop with its recommendations for any modifications.

d) To make recommendations concerning the continuation of ministry or service of priests, deacons, seminarians, religious or anyone else who has a canonical appointment or office by the Bishop, and against whom a credible allegation of sexual abuse of a minor has been made.

e) In regard to lay persons, the Review Board will not make recommendations as to whether a violation of this policy has been established. In such a case, an administrative decision will be made regarding the removal of the accused in accord with existing personnel policies within the Eparchy. A report of the administrative action will be provided to the Review Board so it may monitor the compliance with this policy.

 

 

 

MEMBERSHIP:

The Review Board shall be composed of six (6) members. The Protosyncellus, Vicar for Clergy, Vicar for Religious and the Promoter of Justice are not members but may attend meetings as observers.

Members:

a) Shall be Catholics in communion with the Church.

b) Will not be employees of the Eparchy except for clergy.

c) Will not be members of the Review Board and members of the Response Personnel at the same time.

d) At least one (1) member shall be from among the clergy from the Eparchy.

e) Will be appointed by the Bishop and not receive compensation. They may be reimbursed for necessary expenses.

f) Will be appointed to serve for a term of five (5) years. In the event of resignation, withdrawal or dismissal, a successor will be appointed.

g) Terms may be staggered with no more than three (3) member’s terms expiring in any given year. Three (3) members shall initially be appointed for four (4) years and three (3) members for five (5) years.

h) Will not be appointed for more than two (2) consecutive terms.

i) In the event of a vacancy, the Bishop shall invite the Consultors and Deans of the Eparchy to nominate a candidate for appointment by the Bishop. The nomination shall include a resume of their qualifications and competencies.

 

 

ADMINISTRATION:

The Review Board shall elect from among them a Chair, Vice-Chair and a Secretary. The term of each office will be for one (1) year and there is no limit on the number of terms a member may serve.

The Chair will convene and preside at all meetings of the Review Board. In the event that the Chair is hindered, the Vice-Chair will serve the function of Chair. The Secretary is responsible for all communication, notices and reports.

Four members (4) including the Chair and/or Vice-Chair will constitute a quorum. Four (4) votes of concurrence will be necessary for a recommendation.

All Review Board members and observers will be held to the rule of confidentiality with regard to all deliberations and information.

Records will be maintained in accord with civil and canon law.

AUTHORITY:

The Review Board is authorized to:

a) Receive and review the report of the preliminary investigation of the allegation.

b) Receive and review the investigation’s final report, supporting documents and any pertinent evidence.

c) Direct further investigations and/or conduct investigations.

d) Choose the investigator.

e) Request those necessary for its deliberations: experts and consultants, the person alleging the crime and the accused.

f) Report to the Protosyncellus its findings.

g) Assess whether the policy is maintained and adhered to.

h) Conduct a bi-annual review and submit a report to the Bishop.

i) To make recommendations to the Bishop that further protects minors.

 

 

In the event an allegation has been made against a priest or deacon of the Eparchy, the procedure as outlined in the Canon Law Society of America handbook Guide To The Implementation of the U.S. Bishop’s Essential Norms For Diocesan/Eparchial Policies Dealing With Allegations of Sexual Abuse of Minors By Priests Or Deacons shall be maintained and followed. In the event of a Canonical Trial, Title XXVIII, the Procedure for Imposing Penalties as found in the Code of Canons of the Eastern Churches (cc.1468-1487) shall be adhered to as are the Norms published by the Congregation for the Doctrine of the Faith for those cases reserved to that particular Dicastery.

Any changes to the Charter for the Protection of Children and Young People and to the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse for Minors by Priests or Deacons, which are approved by the United States Conference of Catholic Bishops supercede this Sexual Abuse Policy of the Ukrainian Catholic Eparchy of Chicago.