2004 Audit Executive Summary:
Diocese of Birmingham
Bishop David E. Foley
Previous Audit Conducted September
22-25,2003
The information found herein represents conditions as they were found
to exist during the week of August 16-20, 2004.
The diocese has a policy on the
prevention of sexual abuse of minors by clergy. The diocese provides
outreach designed to offer pastoral care to victims/survivors and their
families. The bishop has expressed his willingness to meet with all
victims/survivors who report allegations of abuse since the last
compliance audit, but no complaints have been received during this audit
period. The bishop has directed that outreach be made available to all
faith communities in which an incident of sexual abuse of a minor is
reported. The diocese has a mechanism in place to respond promptly to any
allegation where there is reason to believe that sexual abuse of a minor
occurred.
The diocese has a victim assistance coordinator, Al Manzella, who has a
Master of Arts degree in social work and 26 years experience in the child
welfare field with the Alabama Department of Human Resources prior to his
assignment to that position in October 2002. In 2002, the diocese
established a Review Board, which consists of 11 members. The members
include the executive director of the National Children’s Advocacy Center,
the director of the Catholic Center of Concern, a nun who is a clinical
psychologist, a retired judge, a pastor, a retired social worker, a
parent/mother, a psychiatrist and neuro pathologist, a presiding district
court and juvenile court judge, the retired outside counsel for the
diocese, and the training director of the National Children’s Advocacy
Center. The Board serves as a confidential consultative body to the
bishop.
The procedures for making a complaint of abuse are not readily
available in printed form, and are not the subject of periodic public
announcements. Required Action #1 was presented to address this issue. The
diocese has not entered into any confidentiality agreement during the
audit period.
The diocese did not report any allegations of sexual
abuse of a minor to public authorities since the last compliance audit
because no complaints were received during the current audit period. The
diocese complies with all applicable civil laws with respect to the
reporting of allegations of sexual abuse of minors to civil authorities.
The diocese has established effective liaison with civil authorities,
ensuring that an open dialogue regarding sexual abuse allegations will
occur. The diocese cooperates with public authorities about reporting in
cases when the person is no longer a minor. In all instances, the diocese
advises victims/survivors of their right to report allegations of abuse by
a member of the clergy to civil authorities.
When an allegation of sexual abuse of a minor by a priest or deacon is
received, a preliminary investigation, in harmony with canon law, is
initiated. If a preliminary investigation so indicates, the diocese
notifies the Congregation for the Doctrine of Faith and applies the
precautionary measures mentioned in CIC, canon 1722, or CCEO, canon 1473.
When accusations against a priest or a deacon are proven to be unfounded,
the diocese takes steps to restore the good name of the priest or deacon.
When sexual abuse of a minor by a priest or a deacon is admitted or
established after an appropriate process in accord with canon law, the
diocesan policies provide that the offending priest or deacon be
permanently removed from ministry. The diocese offers professional
assistance to offending priests or deacons.
In every case involving canonical penalties, the processes provided for
in canon law are observed. Accused clergy are encouraged to retain the
assistance of civil and canonical counsel. When necessary, the diocese
supplies canonical counsel to a priest or deacon.
If the penalty of dismissal from the clerical state has not been
applied, the diocese directs the offender to lead a life of prayer and
penance. The diocese does not allow the offender to celebrate mass
publicly, to administer the sacraments, or to present himself publicly as
a priest.
The diocese has not established clear and well-publicized standards of
ministerial behavior for priests and deacons. Required Action #2 was
presented to address this issue. A communications policy is in effect
which reflects the bishop’s pledge to be open and transparent on issues
regarding the sexual abuse of children. The diocese assists and supports
all parish communities directly affected by ministerial misconduct
involving minors.
The diocese has fully implemented a "safe environment"
education program. The educational program for children is Faith, Family
and Friends; the educational program for parents, ministers, educators and
others is Christian Ministry Resources, Risk II: Making Your Church Safe
from Child Sexual Abuse. The diocese was found lacking in the specific
area of well-publicized standards of conduct for clergy with regard to
sexual abuse, but not for other persons in positions of trust. The diocese
has completed background evaluations for clergy, religion educators and
schoolteachers, but not completed background evaluations for all employees
and volunteers who have regular contact with minors. Required Action #3
was presented to address this issue. Appropriate law enforcement resources
were used for that purpose as permissible. The diocese employs adequate
screening and evaluative techniques in deciding the fitness of candidates
for ordination. The diocese has not transferred any priest or deacon who
has had a credible allegation of sexual abuse made against him to another
ministerial assignment since the last audit. The diocese has not
transferred any priest or deacon who has had a credible allegation of
sexual abuse made against him to another diocese for residence. The
bishop, or his designee, has coordinated with major superiors of men with
a presence in the diocese concerning addressing the issue of allegations
of sexual abuse of minors by clergy. The diocese has not had the
opportunity to participate in research with other institutions in the area
of sexual abuse. The diocese has developed a systematic ongoing formation
program in keeping with the Basic Plan for the Ongoing Formation of
Priests.
At the conclusion of this
compliance audit, the diocese was found to be compliant with all articles
of the Charter for the Protection of Children and Young People with
the exception of Articles 2, 6 and 13. The following Required Actions were
issued:
REQUIRED ACTION # 1 (Article 2):
Deficiency:
The procedures for those making a complaint of sexual abuse of a minor are
not “readily available in printed form” and are not the subject of
“periodic public announcements” and a Required Action was issued to insure
compliance with Article 1.
REQUIRED ACTION #2 (Article 6):
Deficiency:
Clear and “well-publicized diocesan standards of ministerial behavior and
appropriate boundaries for clergy” have not been produced in
“well-publicized” form and a Required Action was issued to insure
compliance with Article 6.
REQUIRED ACTION #3 (Article 13):
Deficiency:
With the exception of clergy, religious educators and schoolteachers,
background investigations have not been completed on ALL diocesan and
parish personnel (predominately volunteers) who have regular contact with
minors. A Required Action was issued to insure compliance with Article 13
Compliance with the Charter as of December 31,2004
As of December 31, 2004, the Diocese of Birmingham had satisfactorily
completed the required actions. The Diocese is found to be compliant with
all articles of the Charter for the Protection of Children and Young
People.