2004 Audit Executive Summary:
Diocese of Brownsville, Texas
Bishop Raymundo J. Pena
Previous Audit Conducted 7/21 -
7/25/2003
The information found herein represents conditions as they were found
to exist during the week of August 9 to 13, 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 or his representative has met with, or offered to
meet with all victims/survivors who have reported allegations of abuse
since the last compliance audit. The Bishop or his delegate has not
directed outreach to the faith communities because none of the allegations
were founded nor affected the faith communities. 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, Walter Lukaszek, who has a
Masters Degree in Social work and 27 years of experience in Child
Protective Services for the State of Texas. The Diocese established in
2002, a Review Board which consists of six members. The members include a
District Judge, a parent/grandparent, a licensed clinical therapist, two
members of the clergy, and a physician. The Board serves as a confidential
consultative body to the Bishop.
The procedures for making a
complaint of abuse are readily available in printed form, and are the
subject of periodic public announcements. The Diocese has not entered into
any confidentiality agreements during the audit period.
The Diocese did not
report all allegations of sexual abuse of a minor to public authorities
since the last compliance audit, as two allegations were impossible to
follow up on because the complainants broke off communication, and a third
allegation involved an alleged incident outside the Statute of
Limitations. The Diocese has been advised by the District Attorney not to
report any allegations to him that were dated. 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 Diocesan policy
requires cooperation with public authorities about reporting in cases when
the person is no longer a minor; however there have been no such incidents
since the last audit. 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 policy is to notify the
Congregation for the Doctrine of Faith and apply 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 established
clear and well-publicized standards of ministerial behavior for priests
and deacons. 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," from the National
Catholic Education Association. In addition, the Diocese schools have a
child safety program entitled “Empower” which uses “ Preventing Child
Sexual Abuse” by Mary Lentz, Esq., as it’s guide for educators. The
educational program for parents, ministers, educators, and others is
"Protecting God's Children" by VIRTUS. The Diocese has clear and well
publicized standards of conduct for persons in positions of trust with
regard to sexual abuse. The Diocese conducts background evaluations for
all Diocesan and parish personnel who have regular contact with minors,
using appropriate law enforcement resources. 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, without
providing the proper notification to the new diocese of
residence.
The Bishop 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.