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Capuchin Province of St. Joseph Policy Regarding the Reporting of Abuse |
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If any minister learns about suspected sexual misconduct, he or she shall report the information as follows:
- Sexual misconduct that involves a minor:
- If a minister has reason to believe that a minor has been subjected to sexual misconduct or is threatened with sexual misconduct, the minister shall immediately inform by telephone or in person the appropriate civil authorities in the area, whether or not the civil law requires such reporting. After the report has been completed to the civil authority the minister shall also inform the Provincial. Where required by state law the oral report shall be followed by a written report.
- The foregoing duty to report is suspended when church law relating to sacramental confession requires that the information be kept confidential. Certain professionals (e.g. attorneys) may have a duty under civil law to keep communications confidential. Even in instances where church or civil law requires that the information must be kept confidential, the minister should do whatever practicably can be done, consistent with the minister’s obligation to keep the matter confidential, to avert the likelihood of the minor being subjected to (further) serious injury or harm.
- Sexual misconduct that involves an adult or other misconduct:
- Except when the minister is obligated to keep information confidential, if a minister has reason to believe that sexual misconduct has occurred or is likely to occur in a ministry the minister shall promptly inform the Provincial of the facts and circumstances thereof.
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