Bill sparks debate about clergy as mandatory reporters of child abuse and neglect

HELENA (MT)
The Electric [Great Falls, MT]

January 31, 2025

By Emma White, Posted by Jenn Rowell

Supporters of a bill that would require clergy members to report suspected child abuse or neglect say it would help protect children from abuse, while opponents say it asks the church to assume a disciplinary role when it is meant to be a support system.

Sen. Mary Ann Dunwell, D-East Helena, introduced the bill to the Senate Judiciary Committee on Jan. 28. She referenced a 2020 Montana Supreme Court ruling that reversed a $35 million verdict against the Thompson Falls Jehovah’s Witness congregation following allegations that church elders covered up the abuse of a young girl.  

Dunwell’s bill would remove the part of Montana law that the Supreme Court used in that case, which exempts clergy members from mandatory reporting. But the bill also comes with an amendment that would maintain the exemption for formal confessions. 

Matt Brower, the executive director of the Montana Catholic Conference, thanked the sponsor for the amendment and spoke in support of the amended bill. 

“As a result of her openness to engage in dialogue and conversation with our Catholic leaders, we were able to arrive in an amended bill that seeks to advance public policies to keep our kids safe, while at the same time respecting deeply held Catholic beliefs regarding sacramental confession,” Brower said.

Derek Oestreicher, representing the Montana Family Foundation, spoke in opposition to the bill, especially the unamended version, on the grounds that it would create a chilling effect and cause people to hesitate to reach out to their clergy.

“This fundamentally undermines the church’s sacred role in providing spiritual counsel and guidance. The church should not be forced to become the enforcement mechanism of government,” Oestreicher said.

There were four opponents and nine proponents in the hearing Tuesday morning.

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