reporting

Reporting Child Abuse

According to Church Law & Tax Report, the number one reason churches end up in court is sexual abuse of a minor. Regrettably, the threat of child abuse is growing. Your Legal Team recommends that each church adopt a clear and comprehensive policy regarding childcare and child abuse. This issue of Zenas’ Brief focuses on an important component of the policy, namely the reporting of child abuse and neglect. State law in both Utah and Idaho mandates that any person who has reason to believe that a child is or has been subjected to abuse or conditions that would reasonably result in abuse, must immediately report the alleged abuse to law enforcement authorities. In certain circumstances, there is an exception for pastors, which we will discuss in detail below.

Naturally, there are questions: How does this work in a church? What is the pastor’s role and responsibility? First, your church should have a child abuse policy that includes procedures and responsibilities for reporting. Second, church members, workers, and staff should be trained in reporting abuse. And third, compliance with state law is mandatory. Remember, church members, workers, and non-pastoral staff do not fall under the pastoral exception. In other words, members, workers, and non-pastoral staff are mandatory reporters and must report if they believe a child has been abused or is being abused.

A natural concern for a pastor is confidentiality if a person confesses to abusing a child. The law exempts pastors from reporting when the confession is made to the pastor while the pastor is functioning in his ministerial capacity. In other words, if a member is meeting with a pastor privately and believes he is confessing a sin that will be held in confidence, the exception will apply. Thus, it is important for pastors to set the ground rules before a person confesses. Pastors are welcome to hold every sin in confidence. Pastors may also inform a member that certain confessions will require reporting to the police. This is strictly up to the pastor to set the rules, but your Legal Team is here to help you wrestle through the decision and create rules and procedures that address confessions, particularly confessions involving child abuse.

Please remember neither the pastor nor the church is required to investigate beyond determining if there is “reason to believe”. In fact, we recommend pastors and the church do not conduct an investigation. Instead, pastors and churches should allow the authorities to investigate. They are trained in these types of investigations and will know how to conduct an investigation that preserves evidence and protects the truth. If a child talks about being abused, take the child seriously and report it. Keep a record of all reports and discussions, follow the church policy and state law, and, when in doubt, report.

Some helpful resources are available to you on the UISBC website. These include guides for pastors in Utah and Idaho on reporting allegations of child abuse, what pastors should do after learning about an allegation of child abuse, and a sample Abuse Prevention Policy and Procedure which includes a section on reporting. Also, the UISBC is creating a Crisis Care Team to help churches walk through allegations of child abuse. The Crisis Care Team is ready to join UISBC churches in walking through every step of an allegation including reporting, handling, and counseling. Please reach out to your Legal Team, and we will put you in touch with the Crisis Care Team.

If you have any questions, feel free to contact your UISBC Legal Team.