2004 Audit Executive Summary:
Diocese of Youngstown
Bishop Thomas J. Tobin
Previous Audit Conducted
8/18-22/2003
The information found herein represents conditions as they were found
to exist during the week of 8/9-13/2004.
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 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, Nancy
L.Yuhasz (also the Chancellor) who holds a master’s degree in church
management and has been employed by the Diocese for over 30 years. The
Diocese established in 2002 a Review Board that consists of 13 members.
The members include a county prosecutor who also holds a PHD in
psychology, a Lutheran minister, a Jewish attorney, a Youngstown Police
Detective, a former sister Superior of the Ursuline Order, a physician, a
child abuse psychologist, and a deacon/parent. 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.
There have been three (3) allegations of sexual abuse of
a minor by a clergy member reported since the last compliance audit, all
of which have been referred to public authorities. 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 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. However, a Required Action was issued to better track
training statistics. The Diocese has a comprehensive educational program
for all personnel categories (i.e., children, parents, ministers,
educators, and others) that is administered through its Diocesan Child
Protection Policy. 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. To enhance the Diocese’s ability
to track background investigations, 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, without providing the proper notification to the
new Diocese of 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 participated 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 number 12 and 13. The following Required Actions were
issued:
REQUIRED ACTION # 1 (Article 12) – To ensure that
all personnel categories outlined in the Charter are afforded safe
environment training, the Diocese needs to create a mechanism whereby
these statistics can easily be retrieved.
REQUIRED ACTION # 2
(Article 13) - To ensure that all personnel categories outlined in the
Charter are afforded timely background investigations, the Diocese
needs to create a mechanism whereby these statistics can easily be
retrieved.
Compliance with the Charter as of December
31, 2004
As of December 31, 2004, the Diocese of Youngstown is
found to be compliant with all articles of the Charter for the
Protection of Children and Youth except for Article 12 and Article
13.
Efforts made to address “Required
Actions
Required Actions 1 and 2: Safe Environment Programs
and Background Investigations
With this new audit requirement
that the diocese “obtain the number of individuals trained by category
from the respective parishes” and “obtain the number of individuals in
each category who have completed background investigations,” the Diocese
of Youngstown is complying by the following procedure. However, it should
be noted here that the diocese is able to supply this information on an
individual basis by the name of the employee or volunteer, even though the
total number is not yet available.
Data Base
A data base
has been built in which the diocese can document the name, location and
ministry (category) of all persons employed by or volunteering in all our
parishes, schools and institutions. This data base enables the diocese to
track information as to when each individual received the background check
and the safe environment training. When completed, the numbers of persons
will be able to be tallied.
It should be noted that the data
base goes beyond what is required and will be able to provide not only
total numbers, but also numbers: by parish, school or institution; by
ministry (category); by paid or volunteer service; by persons who do or do
not work with children, etc.
The diocese is currently entering
into this data base the required information as supplied to the Chancery
Office by the parishes, schools and institutions. This will take more time
to accomplish than was allowed by the audit in order that the required
actions be removed from the Executive Summary.
Compliance
Checklist
This information is being gathered by a new Compliance
Checklist now in use by all parishes, schools and institutions of the
diocese in order that the data base may be kept up to date as new
employees and volunteers begin service. This checklist also allows the
parishes, schools and institutions to keep track of compliance for each of
their own employees and volunteers.