2004 Audit Executive Summary:
Diocese of Victoria, Texas
Bishop David E. Fellhauer
Previous Audit Conducted
8/4-8/2003
The information found herein represents conditions as they were found
to exist during the week of 9/27/04 to 10/1/2004.
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 would meet met with, or offer
to meet with any victims/survivors, however, none has been reported since
the last compliance audit. The bishop or his delegate would direct
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 two victim assistance coordinators, Rev.
Gary Janak and Sister Emile Eilers. Rev. Janak is a licensed counselor,
and Sister Eilers is a trained child counselor. The diocese established in
2002 a Review Board that consists of 5 members. The members include a
priest, Texas state trooper, a retired District Judge, one licensed
counselor, and one homemaker. 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 have
any allegations of sexual abuse of a minor to report to 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 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 for the offending priest or deacon to
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 does assist and support 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 the Benziger Family Life Program and NCEA’s Faith
Family And Friends; the educational program for parents is How To Protect
Children From Child Abuse; the educational program for ministers is
Creating A Safe Environment, developed by Hope of South Texas; the
educational program for educators is Creating A Safe Environment; and the
educational program for others is the same as those listed above. 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
where 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 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.