2004 Audit Executive Summary:
Diocese of Fresno
Bishop John T. Steinbock, D.D.
Previous Audit Conducted
July 28 through August 1, 2003
The information found herein represents conditions as they were found
to exist in the Diocese of Fresno during an abbreviated audit on October
11-12, 2004 and completed on December 31, 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 directed
outreach to all faith communities in which the sexual abuse occurred. 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, Mr. Pat
Gordon, the Director of Human Resources, who has a B.A. in Political
Science and extensive experience as a counselor, mediator and
investigator. The diocese established a Review Board in October 2002. The
Board has six members, including two psychologists, a college professor, a
retired insurance agent, the Vicar General and the victim assistance
coordinator.
The procedures for making a complaint of abuse are
readily available in printed form, and are the subject of periodic public
announcements. The diocese entered into one confidentiality agreement
during the audit period at the request of the victim/survivor.
The
diocese received and reported one allegation of sexual abuse of a minor
who is still a minor to civil authorities since the last compliance
audit. 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 civil 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 the accused 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 not fully implemented a "safe
environment" education program. A Required Action was issued. The diocese
has clear and well-publicized standards of conduct for persons in
positions of trust with regard to sexual abuse. The diocese has not
conducted background evaluations for all diocesan and parish personnel who
have regular contact with minors, using appropriate law enforcement
resources where permissible. A Required Action was issued. 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 since the last audit.
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 12 and 13.
ARTICLE: 12 Safe Environment Program
Required Action: Provide the number of volunteers who
have contact with children and young people and the number of those
volunteers who have been trained. Provide a schedule as to when the
priests and volunteers who have not received the required Safe Environment
training will be trained.
ARTICLE: 13 Background Investigations
Required Action: The diocese will provide the number of
volunteers who have regular contact with minors and submit a schedule for
the completion of the requisite background investigations.
Compliance with the Charter as of December 31, 2004
As of December 31, 2004, the Diocese of Fresno was found to be
compliant with all articles of the Charter for the Protection of
Children and Young People except for Article 12 and Article
13.
During subsequent discussion with representatives of the
Diocese of Fresno, it appears that the Diocese did have information
available that would have resulted in a finding of compliance with all
articles of the Charter as of December 31, 2004. That information
was not clearly identified for the Gavin Group. While the Diocese of
Fresno documented it was clearly in compliance as of December 31, 2004, it
did not clearly document that fact until after December 31, 2004. The
Annual Report on the Implementation of the Charter and the
Executive Summary reflect determination of compliance based on information
that was clearly communicated at that time.
As of January 12, 2005, the Diocese of Fresno provided the following
information to the Office of Child and Youth Protection:
Regarding Article 12s Required Action
- The number of volunteers who have contact with children and young
people is 3665.
- The number trained is 1488.
- The number of active clergy trained is: 135 out of 149.
- Training both volunteers and clergy is scheduled to be completed no
later that May 1, 2005.
Regarding Article 13s Required Action
- The number of volunteers is 3665.
- The number of volunteers who have been background checked is:
3665.