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  • Diocese Response to a Report of Abuse
    Minor, Elderly Adult, or Adult with a Disability*

    1.   Cooperation with Authorities

    When the diocese receives a report of abuse of a minor, elderly adult, or adult with a disability, the diocese follows the legal requirements for reporting the information to authorities (such as local law enforcement or the Texas Department of Family and Protective Services), and cooperates with authorities in investigations.

     
    2.   Processing of Report

    a.   When the diocese first receives a report of abuse, the Office of Ethics and Integrity in Ministry contacts the reporting individual to

    (1) acknowledge receipt and explain the report will be referred to a diocesan staff member (who may be in touch for additional information as needed), and
    (2) remind the reporting individual of the duty to report the matter to law enforcement if he or she has cause to believe a minor, elderly adult, or adult with disabilities has been or is being abused.

    b.   After an initial review of the report, diocesan staff will ask the reporting individual to meet with either the Coordinator of Victim Assistance and Pastoral Support or another diocesan official.  At that meeting, the reporting individual

    (1) will be told who to contact with questions while the report is being processed;
    (2) may be interviewed for additional or clarifying information; and
    (3) may be offered counseling or other pastoral support.

    c.   As the report is being processed, the diocese may provide the reporting individual with updates (as appropriate).  Once the review or investigation of the report is complete, the diocese will provide a final response to the reporting individual.

    d.   The diocese will suspend from ministry any individual under criminal or governmental agency investigation for abuse of a minor, elderly adult, or adult with a disability during the pendency of the investigation.

    e.   At the conclusion of any investigation, the diocese will make a determination as to any further action necessary.  Those involved in ministry who fail to maintain ethical behavior may be suspended or excluded from engaging in ministry in the diocese and be subject to other civil, criminal, or canon law actions.

    f.    At any time a person is removed from ministry (pending or after an investigation or review of a report of abuse of a minor, elderly adult, or adult with disability), the Office of Ethics and Integrity in Ministry will indicate a “restricted” status in the diocesan EIM database.

    g.   If the report alleges abuse by a bishop, priest, deacon, religious brother, or religious sister, diocesan staff will not only follow basic diocesan policy but must also follow the procedure as required by relevant Church documents (including the Charter for the Protection of Children and Young People, Vos Estis Lux Mundi, and Code of Canon Law).

    For example, under the Essential Norms for Allegations of Sexual Abuse of Minors, clergy members who have sexually abused a minor are not only prohibited from ministry within this diocese but also prohibited from transferring for ministerial assignments in other dioceses.  Those Essential Norms also require the sharing of information between dioceses in order to ensure adequate safeguards for the protection of children if a clergy member who has sexually abused a minor is changing residence to a new diocese (note this is a change of residence only, not ministry; ministry remains prohibited).

     
    3.   Care of Individuals Who Experience Abuse

    a.  If a report that a minor, elderly adult, or adult with a disability was abused by a person in ministry is determined to be credible, the diocese may offer counseling or other pastoral support to the person who experienced the abuse.

    (1) The amount and type of assistance vary depending on the situation.
    (2) If assistance is provided for mental health or other professional services, the diocese may ask the professional to provide reports regarding the progress and helpfulness of the services (but not detailed reports regarding the substantive content of the work).

    b.   Individuals seeking restitution or compensation for alleged abuse should discuss the matter with their own legal counsel.

     
    4.   Care of Church Communities Affected by an Allegation of Abuse of a Minor, Elderly Adult, or Adult with a Disability

    a.   When a parish, Catholic school, or other diocesan agency is affected by an allegation of abuse of a minor, elderly adult, or adult with a disability, the bishop may, at his discretion, share information about the allegation in a pastorally appropriate manner, while respecting the privacy and confidentiality of all individuals involved and subject to applicable criminal, civil, and canon law.

    b.   As determined necessary, the diocese may provide pastoral support to the members of the affected parish, Catholic school, or other diocesan agency affected by an allegation of abuse of a minor, elderly adult, or adult with a disability.

     
    5.   Response to the Accused

    a.   Unless otherwise instructed by law enforcement, governmental agency authorities, or diocesan legal counsel, the diocese will timely inform the accused of an allegation it receives and will inform the accused of any initial action to be taken during the review or investigation.

    b.   The diocese is obliged to take the rights of the accused into consideration throughout the review or investigation. Every effort will be made to protect the legitimate interests of the accused.

    c.   The bishop may offer counseling or other pastoral support to the accused during or after the review or investigation.

     
    * When reading about our procedure, it is helpful to note Texas law uses particular definitions to describe people who receive special protection from abuse.  Because our diocese complies with Texas abuse reporting laws, the following definitions apply.

    Minor: A person under 18 years of age.
    Elderly Adult: A person 65 years of age or older.
    Adult with a Disability: A person with a mental, physical, intellectual or developmental disability that substantially impairs the person's ability to provide adequately for the person's care or protection and who is (1) 18 years of age or older, or (2) under 18 years of age and who has had the disabilities of minority removed.

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Diocese of Austin
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