2004 Audit Executive Summary:
St. Nicholas Ukrainian Catholic Eparchy
Bishop Richard S. Seminack
Previous Audit Conducted
September 8 12, 2003
The information found herein represents conditions as they were found
to exist during the week of December 7 10, 2004
The Eparchy has a policy on the
prevention of sexual abuse of minors by clergy. The Eparchy provides
outreach designed to offer pastoral care to victims/survivors and their
families. The Bishop or his representative has met 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 Eparchy 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
Eparchy has two victim assistance coordinators: Father Mykhailo Kuzma and
Mr. Ralph Bonaccorsi. Fr. Kuzma has a degree in philosophy with a minor in
psychology and has 23 years experience as a priest. Mr. Bonaccorsi is the
VAC for the Archdiocese of Chicago. He has held this position since 1992.
His past work experiences have been in personnel matters and he holds a
Masters Degree in education administration. The Eparchy established in
2003 a Review Board which consists of seven members. The members includes
a judge; a board-certified child psychiatrist; a writer; an attorney; a
program manager for the State of Michigan; a clinical psychologist who is
a deacon in the Ukrainian Catholic Church; and a clinical psychologist in
Houston, Texas. 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 Eparchy has not entered into a confidentiality
agreement during the audit period.
The Eparchy would have reported all
allegations of sexual abuse of a minor to public authorities however there
were none since the last compliance audit. The Eparchy complies with all
applicable civil laws with respect to the reporting of allegations of
sexual abuse of minors to civil authorities. The Eparchy has established
effective liaison with civil authorities, ensuring that an open dialogue
regarding sexual abuse allegations will occur. The Eparchy cooperates with
public authorities about reporting in cases when the person is no longer a
minor. In all instances, the Eparchy 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
Eparchy 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 Eparchy 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 Eparchial policies provide that the offending priest or deacon be
permanently removed from ministry. The Eparchy 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 Eparchy supplies canonical
counsel to a priest or deacon.
If the penalty of dismissal from
the clerical state has not been applied, the Eparchy directs the offender
to lead a life of prayer and penance. The Eparchy does not allow the
offender to celebrate Mass publicly, to administer the sacraments, or to
present himself publicly as a priest.
The Eparchy 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 Eparchy does assist and support all parish
communities directly affected by ministerial misconduct involving minors.
The Eparchy has not
fully implemented a "safe environment" education program predominately
using the resources of the respective local Roman Catholic Dioceses. A
Required Action was issued. The educational program for children,
ministers, educators, volunteers and others is Virtus. The Eparchy has
clear and well publicized standards of conduct for persons in positions of
trust with regard to sexual abuse. The Eparchy has not conducted all
background evaluations for all Eparchial and parish personnel who have
regular contact with minors, using appropriate law enforcement resources
where permissible. A Required Action was issued. The Eparchy employs
adequate screening and evaluative techniques in deciding the fitness of
candidates for ordination.
The Eparchy 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
Eparchy has not transferred any priest or deacon who has had a credible
allegation of sexual abuse made against him to another eparchy for
residence since the last audit.
The Bishop, or his designee, has
coordinated with major superiors of men with a presence in the Eparchy
concerning addressing the issue of allegations of sexual abuse of minors
by clergy. The Eparchy has not had the opportunity to participate in
research with other institutions in the area of sexual abuse. The Eparchy
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 Eparchy was found to be compliant with all articles of the Charter
for the Protection of Children and Young People with the exception of
Articles number twelve and thirteen. The following Required Actions were
issued:
REQUIRED ACTION # 1 (Article 12) Safe Environment
Programs
Required Action: The Eparchy will provide the
number of children and youth enrolled in the Religious Education and
Public School Religion classes and the number of volunteers in the
Eparchy, as well as provide a schedule for the completion of all Safe
Environment training of children, volunteers and employees.
REQUIRED ACTION #2 (Article 13) Background
Investigations
Required Action: The Eparchy will provide the
number of volunteers in the Eparchy and a schedule when background
investigations will be completed for employees and volunteers.
As of December 31, 2004, the eparchy had satifactorily addressed the
required actions and is compliant with all articles of the Charter.