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  AG: Catholic Diocese Has Made Significant Process in Sex Abuse Policy

By Albert McKeon
Nashua Telegraph
April 1, 2008

http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20080401/NEWS02/926009867/-1/YOUTH

CONCORD - The state's top prosecutor on Tuesday praised the Roman Catholic Diocese of Manchester for making great strides in further refining and following its sexual misconduct policy.

Attorney General Kelly Ayotte said diocesan leaders have greatly changed their attitudes about instituting safeguards that can help protect children from sexual abuse. Her statement marked a clear reversal from last year, when Ayotte faulted a diocesan leader for having a poor attitude and impeding the process.

"We're certainly pleased we're moving in the right direction," Ayotte said at a press conference that outlined the latest state review of the diocesan sexual misconduct policy.

Ayotte commended the diocesan leader she took to task last year, the Rev. Edward Arsenault. He is "taking to heart" the recommendations made in the previous audit of diocesan policy, Ayotte said.

An independent auditor authorized by the state first reviewed diocesan practices in 2005. The audit came three years after church leaders signed a historic plea agreement with the state to avoid possible criminal charges for failing to protect children from abusive clergy.

The latest audit, the third of a planned four, also commends diocesan leader Bishop John McCormack for instituting a program that protects children today and for demonstrating a willingness to consider a future when church leadership could possibly change and a strong policy is still needed, Ayotte said.

"We're at a point now where it is part of the day-to-day life of the church," Arsenault said Tuesday in a telephone interview from the diocesan chancery in Manchester. "That was a monumental task."

Indeed, leaders from church and state observed Tuesday that the diocese had made significant progress since 2002. That year, the diocese and the Catholic Church in the United States was reeling from revelations that bishops had for decades hid allegations of clergy sexual abuse from law enforcement and also shielded abusive priests by reassigning them to other parishes where many of them continued harming children.

McCormack, particularly, was a target of criticism from abuse victims and Catholics for his handling of priests as an aide to Boston Archdiocese leader Cardinal Bernard Law, who ultimately left his post because of the scandal. But as leader of the Manchester diocese, McCormack was widely considered to be the first Catholic bishop to sign a criminal agreement admitting wrongdoing by church leaders.

Until now, though, the attorney general's office has criticized the Manchester diocese for not moving fast enough in fully implementing a policy that meets the expectations of the state. The new audit comes a long away in meeting those benchmarks, Ayotte said.

But the audit did find some need for improvements in diocesan policy, Ayotte said. Chief among them is a need to spell out in the policy that any priest or staff member alleged to have committed abuse is to be immediately removed from contact with children until an investigation is completed, she said.

Current church policy holds that when the bishop deems an allegation to have "a semblance of truth, the accused will be placed on precautionary leave" pending the investigation, the audit said. The criminal agreement requires immediate removal until an investigatory finding, the audit said.

Yet, even though diocesan policy fails to account for this need, church leaders have taken immediate action when someone has complained of abuse, Ayotte said. Diocesan leaders haven't failed to report abuse, she said.

Last year, the diocese reported 16 cases of abuse, with 14 of those involving priests, most of whom are dead and who had previously been accused, Senior Assistant Attorney General Wil Delker said. So far this year, six priests have been charged with abuse, but most of them are dead and had been accused before, he said.

Two people who are not clergy but were in positions of leadership within the diocese were accused of abuse last year, and those cases are under investigation, Delker said.

Church officials and employees have and will continue "to work to build a culture of awareness and safety every day in the parishes, schools, and institutions that make up the Diocese of Manchester," said Arsenault, who is the diocesan's chief of staff and who oversees the sexual misconduct policy.

This marks the third time that the independent firm KPMG has audited the diocese on behalf of the state. Last year, Arsenault balked at any further review beyond 2007 by claiming the criminal agreement called for five audits to be conducted by the end of that year and that window had almost closed.

Ayotte, however, blamed the diocese for initially delaying the review process because it sued the state over the terms of the criminal agreement. A judge dismissed the diocese's claims and the audits soon started.

Ayotte said Tuesday that because of the change in "tone at the top," the diocese agreed to one more audit this calendar year. She and McCormack met at a private law firm in August and came to an understanding, she said.

The results of that review will probably be released next year, and Delker said he doesn't foresee any reversal in the diocese's progress.

Diocesan officials said they are reviewing the latest audit, and are preparing a written response to the attorney general's office. The diocese is also preparing for the final audit, Diocesan Chancellor Diane Quinlan said in a press release.

Unlike the past two years when the state released audit results, the diocese didn't hold a press conference Tuesday. Diocesan officials spoke to members of the press individually. At last year's press conference, Arsenault appeared agitated and denied that he lacked dedication to the process.

Asked about Ayotte's assessment of his attitude change, Arsenault said the previous audit "experience was not good. It didn't go well. I think this year it went well. It was easier for me to find common ground."

But Arsenault said diocesan leaders have long held the desire to protect children from abuse and to follow state reporting requirements. "We've been able to institutionalize this: to make people aware they have to report abuse to civil authorities, also the training of all personnel and the background screening," he said.

Ayotte's press conference was markedly different from the one she held last year.

Then, she mentioned the possibility of claiming the criminal agreement had been breached and that the attorney general's office could seek legal action. This year, she expressed confidence that church leaders had finally followed the agreement and show signs of dedication to the future.

Contact: amckeon@nashuatelegraph.com

 
 

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