Charter for the Protection of Children and Young People
Key Provisions and Compliance Highlights of

Our Lady of Deliverance Syriac Catholic Diocese

ARTICLE 1.

Dioceses/eparchies will reach out to victims/survivors and their families and demonstrate a sincere commitment to their spiritual and emotional well-being. The first obligation of the Church with regard to the victims is for healing and reconciliation. Where such outreach is not already in place and operative, each diocese/eparchy is to develop an outreach to every person who has been the victim of sexual abuse[1] as a minor by anyone acting in the name of the Church, whether the abuse was recent or occurred many years in the past. This outreach will include provision of counseling, spiritual assistance, support groups, and other social services agreed upon by the victim and the diocese/eparchy. In cooperation with social service agencies and other churches, support groups for victims/survivors and others affected by abuse should be fostered and encouraged in every diocese/eparchy and in local parish communities.

·        It is the policy of Our Lady of Deliverance Diocese to pay for professional counseling and treatment for anyone who claims to have been sexually abused.  There are no preconditions, only that the eparchy be provided with the credentials of the counselor, an initial diagnosis/prognosis and periodic updates as to the course of treatment. 

·        In June 2003, a Victims Assistance Coordinator, Doctor Mufid Al Najjar, was named to ensure a comprehensive program of outreach to victims and their families.  This includes referring victims to qualified professionals for psychological counseling, pastoral care, and spiritual assistance.  Information about victims’ assistance is contained on the eparchy’s web site at www.syriac-catholic.org.

Through pastoral outreach to victims and their families, the diocesan/eparchial bishop or his representative will offer to meet with them, to listen with patience and compassion to their experiences and concerns, and to share the "profound sense of solidarity and concern" expressed by our Holy Father in his Address to the Cardinals of the United States and Conference Officers. This pastoral outreach by the bishop or his delegate will also be directed to faith communities in which the sexual abuse occurred.

·        Bishop Joseph Younan has made it a priority to assure that no child or young adult falls victim to sexual abuse.

·        While no abuse cases have occurred in the eparchy before or since the Charter was enacted, the diocese has established a Program of Outreach to Parishes Affected by the Removal of a Cleric Due to Allegations of Sexual Abuse should this be necessary in the future.

ARTICLE 2.

Dioceses/eparchies will have mechanisms in place to respond promptly to any allegation where there is reason to believe that sexual abuse of a minor has occurred.

·        The New Jersey state reporting requirement that sexual abuse of minors be reported to civil authorities and/or the Division of Youth & Family Services has been in effect since 1972.    In July 2003, new “Standards for the Protection of Children & Young People” was promulgated.

·        In order that allegations are responded to and reported when there is reason to believe sexual abuse has occurred, Dr. Mufid Al Najjar has been appointed to deal directly with these matters and is to refer all allegations to the local county prosecutor of the particular state where the allegedly abused victim is located as well as to the eparchy.  Dr. Najjar also refers assistance requests to the eparchy’s Victims Assistance Coordinator, Dr. Mufid Al-Najjar.
This independent agent objectively evaluates the issue brought to his attention and reports it to the appropriate civil authorities.  This mechanism also recognizes that civil authorities,
not the Church, are best equipped to investigate these matters.

Since the eparchy is only several years old, there have been no reports of abuse since its creation. 

·        The landmark “Memorandum of Understanding” between the New Jersey dioceses and county prosecutors codifies the practice of the eparchy to cooperate with law enforcement and to facilitate the reporting to law enforcement authorities of any sexual assault of minors.

Dioceses/eparchies will have a competent person or persons to coordinate assistance for the immediate pastoral care of persons who claim to have been sexually abused as minors by clergy or other church personnel.

·        As noted above, the eparchy’s Victims’ Assistance Coordinator, Dr. Mufid Al-Najjar, will coordinate such assistance and his work is overseen by the eparchial bishop (see Article 1 highlights).

Dioceses/eparchies will also have a review board that functions as a confidential consultative body to the bishop. The majority of its members will be lay persons not in the employ of the diocese.  This board will advise the diocesan/eparchial bishop in his assessment of allegations of sexual abuse of minors and in his determination of suitability for ministry. It will regularly review diocesan/eparchial policies and procedures for dealing with sexual abuse of minors. Also, the board can review these matters both retrospectively and prospectively and give advice on all aspects of responses required in connection with these cases.

·        The Review Board of the Diocese of Our Lady of Deliverance (ERB), the majority of whose members are laity, is headed by Dr. Mufid Al Najjar.  The ERB assists the eparchy in assessing, both retrospectively and prospectively, allegations of abuse and will regularly review policies and procedures for dealing with abuse of minors (one year after implementation and on an ongoing basis thereafter).   The eparch considers the outcome of the ERB review when determining whether a canonical investigation should commence.    When there is sufficient evidence that sexual abuse of a minor has occurred, the Congregation for the Doctrine of the Faith (CDF) is notified and the precautionary measures called for in canon law are applied.  When even a single act of sexual abuse is admitted or established after an appropriate process in accord with canon law, the offending priest or deacon will be removed permanently from ministry, not excluding dismissal from the clerical state, if the case so warrants.

Since it was established in June of 2003, the Board has reviewed no cases, and thus no cases have been forwarded to the Congregation for the Faith (CDF) for further instruction. 
The standard utilized by the Eparchial Review Board is straightforward and asks whether the accusation is more likely to be true than not.  The Board members are:

Doctor Mufid Al Najjar, M.D., Doctor Samer Ain-Alshaiba, M.D., Mrs. Denise Haddad, Father Yousif Abdulmasih Habesh and Father ST Sutton, J.C.L.

·        The Essential Norms and Diocese’s “Revised Guidelines” spell out the procedures once an accusation is received:

>        The matter is referred to Dr. Mufid Al Najjar so that the accusation is received by civil authorities), to the Memorandum of Understanding’s liaison, to the eparchy, to the Victim Assistance Coordinator and to the Eparchial Review Board (ERB).

>        The accused is immediately removed from any and all ministry while the ERB considers the matter and communicates its assessment to the eparch. 

>        Parish outreach is activated when an accusation results in the removal of a priest.

The procedures for those making a complaint will be readily available in printed form and will be the subject of periodic public announcements.

·        Procedures for making a complaint were mailed to all parish communities and should be made available to all the faithful in the eparchy. 

·        The diocesan web site contains full information on the procedures for making a complaint, including the telephone numbers and contact information for prosecutors and local Division of Youth and Family Services offices.

·        Parishes should place reporting procedures in parish bulletins and in Church lobbies.

ARTICLE 3.

Dioceses/eparchies will not enter into confidentiality agreements except for grave and substantial reasons brought forward by the victim/survivor and noted in the text of the agreement.

Since the eparchy is only several years old, there have been no agreements made with any victim/survivor or their respective attorneys. 

ARTICLE 4.

Dioceses/eparchies will report an allegation of sexual abuse of a person who is a minor to the public authorities. Dioceses/eparchies will comply with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities and will cooperate in their investigation in accord with the law of the jurisdiction in question.

 

Although the New Jersey state reporting requirement that cases involving those who are minors have been in place since 1972, the eparchy was only created on November 18, 1995, thus these requirements only affect the eparchy as of this date of creation.  As such, all cases in involving those who are minors are to be reported to prosecutors and to the Division of Youth and Family Services.  There have been no reports of sexual abuse of a minor occurring since the Charter was enacted in June 2003.

Dioceses/eparchies will cooperate with public authorities about reporting in cases when the person is no longer a minor.

·        The policy of Our Lady of Deliverance Diocese actually goes beyond “cooperation” and exceeds the state reporting requirement.  Under the policy, all cases—whether involving a minor or an adult who claims they were abused when a minor, or whether past the statue of limitations—are reported to prosecutors. 

In every instance, dioceses/eparchies will advise victims of their right to make a report to public authorities and will support this right.

 

If there were to be any cases of alleged abuse of minors, Dr. Mufid Al Najjar, would advise victims of their right to immediately make a report to the public authorities.  In addition, the diocese’s web site contains contact information for all county prosecutors and the local offices of the Division of Youth & Family Services.

ARTICLE 5.

We repeat the words of our Holy Father in his Address to the Cardinals of the United States and Conference Officers: "There is no place in the priesthood or religious life for those who would harm the young."

When an allegation of sexual abuse of a minor by a priest or a deacon is received, a preliminary investigation, in harmony with canon law (CIC, cc. 1717-1719; CCEO, cc. 1468-1470), will be initiated and conducted promptly and objectively. If this investigation so indicates, the diocesan/eparchial bishop will both notify the Congregation for the Doctrine of the Faith and apply the precautionary measures mentioned in CIC, canon 1722, or CCEO, canon 1473—i.e., relieve the alleged offender promptly of his ministerial duties. The alleged offender may be requested to seek, or urged voluntarily to comply with, an appropriate medical and psychological evaluation, so long as this does not interfere with the investigation by civil authorities. When the accusation has proved to be unfounded, every step possible will be taken to restore the good name of the priest or deacon.

The preliminary investigation envisioned above by the Charter is a canonical one and it follows a review by the Eparchial Review Board (ERB).   Section “C” of the “Revised Guidelines of Our Lady of Deliverance Diocese” instructs that the accused is to be removed from further contact with the accuser, the alleged victim and all minors.  The accused is to be removed from ministry for a period of three business days unless the ERB determines the complaint to be “patently incredible.”  The period of administrative leave is to continue for a period of 14 days during which the ERB is to meet and make their recommendation to the eparch.  When the accusation proves to be unfounded, the eparch will see to it that the good name of the accused is restored via communication with the public and the affected parish by the eparch’s personal visit.   If the ERB believes that the allegation is more likely to be true than not, then it forwards that assessment to the eparch for possible further action.  The eparch would weigh the ERB recommendation and determine whether or not to commence a preliminary investigation in accord with canon law.

When sexual abuse of a minor by a priest or a deacon is admitted or is established after an appropriate process in accord with canon law, the following will pertain:

• Diocesan/eparchial policy will provide that for even a single act of sexual abuse (see Article 1, note *) of a minor—past, present, or future—the offending priest or deacon will be permanently removed from ministry, not excluding dismissal from the clerical state, if the case so warrants. In keeping with the stated purpose of this Charter, an offending priest or deacon will be offered professional assistance for his own healing and well-being, as well as for the purpose of prevention.

As called for in the “Revised Guidelines of Our Lady of Deliverance Diocese,” no priest known to have committed sexual abuse—whether admitted or established following an investigation in accord with canon law—the offending priest will be permanently removed from ministry (priests who are removed from ministry will receive counseling and other treatment in accord with the requirements of the Charter).  Today there is no priest in any type of ministry in the eparchy who is known to have committed sexual abuse of a minor.

• In every case involving canonical penalties, the processes provided for in canon law must be observed (cf. Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995; cf. Letter from the Congregation for the Doctrine of the Faith, May 18, 2001). For the sake of due process, the accused is to be encouraged to retain the assistance of civil and canonical counsel. When necessary, the diocese/eparchy will supply canonical counsel to a priest or deacon.
• Also provided for in canon law are the following: a request by the priest or deacon for dispensation from the obligation of holy orders and the loss of the clerical state or a request by the bishop for dismissal from the clerical state even without the consent of the priest or deacon (cf. Canonical Delicts).

As of this date, there have been no laicization procedures involving any priest of the eparchy.

• If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity), the offender ought to lead a life of prayer and penance. He will not be permitted to celebrate Mass publicly or to administer the sacraments. He is to be instructed not to wear clerical garb or to present himself publicly as a priest. 

As of this date, Our Lady of Deliverance Diocese and the eparch has not removed the priestly faculties (“defrocking” in common parlance) of any priest, so that the individual may no longer function or present himself as a priest.

• At all times, the diocesan bishop/eparch has the executive power of governance, through an administrative act, to remove an offending cleric from office, to remove or restrict his faculties, and to limit his exercise of priestly ministry. Because sexual abuse of a minor is a crime in all jurisdictions in the United States, for the sake of the common good and observing the provisions of canon law, the diocesan bishop/eparch shall exercise this power of governance to ensure that any priest or deacon who has committed even one act of sexual abuse of a minor as described above shall not continue in active ministry.

As noted above, the policy of Our Lady of Deliverance Diocese is that no priest known to have abused a minor may remain in ministry in the diocese.

ARTICLE 6.

While the priestly commitment to the virtue of chastity and the gift of celibacy is well known, there will be clear and well-publicized diocesan/eparchial standards of ministerial behavior and appropriate boundaries for clergy and for any other church personnel in positions of trust who have regular contact with children and young people.

 

The eparchy’s existing standards for ministerial behavior have been updated (augmenting policies contained in the “Eparchial Policy Manual” issued to all priests and diocesan personnel on July 1, 2003).  These new “Guidelines for the Conduct of Spiritual Directors and Counselors,” as well as the “Policy on Sexual Harassment,” are also posted on the diocese’s web site.

ARTICLE 7.

Each diocese/eparchy will develop a communications policy that reflects a commitment to transparency and openness. Within the confines of respect for the privacy and the reputation of the individuals involved, dioceses/eparchies will deal as openly as possible with members of the community. This is especially so with regard to assisting and supporting parish communities directly affected by ministerial misconduct involving minors.

 

The eparchy’s policy is that it is willing to share information—with parishioners, with the community and to them through the media—unless there is a serious reason to maintain confidentiality (matters in litigation, unsubstantiated allegations, and information which a victim has asked the eparchy to keep private would be examples of this).  The eparchy will inform the public when a priest active in the eparchy is removed permanently from ministry as a result of an allegation of sexual abuse.  It will also reach out to parishioners of the parish from where the priest was assigned (as noted above, there have been no such cases since the Charter went into effect in June 2002).  The eparchy will, communicate with the public regarding the matter of sexual abuse and the diocese’s response to it, through announcements, the eparchial web site and other means of communication.

(Articles 8, 9, 10, 11 and 15 are concerned with the national efforts of the U.S. bishops)

ARTICLE 8.

To assist in the consistent application of these principles and to provide a vehicle of accountability and assistance to dioceses/eparchies in this matter, we authorize the establishment of an Office for Child and Youth Protection at our national headquarters. The tasks of this Office will include (1) assisting individual dioceses/eparchies in the implementation of "safe environment" programs (see Article 12 below), (2) assisting provinces and regions in the development of appropriate mechanisms to audit adherence to policies, and (3) producing an annual public report on the progress made in implementing the standards in this Charter. This public report shall include the names of those dioceses/eparchies which, in the judgment of this Office, are not in compliance with the provisions and expectations of this Charter. This Office will have staffing sufficient to fulfill its basic purpose. Staff will consist of persons who are expert in the protection of minors; they will be appointed by the General Secretary of the Conference.

ARTICLE 9.

The work of the Office for Child and Youth Protection will be assisted and monitored by a Review Board, including parents, appointed by the Conference President and reporting directly to him. The Board will approve the annual report of the implementation of this Charter in each of our dioceses/eparchies, as well as any recommendations that emerge from this review, before the report is submitted to the President of the Conference and published. To understand the problem more fully and to enhance the effectiveness of our future response, the National Review Board will commission a comprehensive study of the causes and context of the current crisis. The Board will also commission a descriptive study, with the full cooperation of our dioceses/eparchies, of the nature and scope of the problem within the Catholic Church in the United States, including such data as statistics on perpetrators and victims.

Our Lady of Deliverance Diocese will cooperate with the comprehensive study commissioned by the National Review Board to evaluate the causes and context of the sexual abuse crisis. 
The eparchy will also cooperate with the “descriptive study” of the nature and scope of the problem.

ARTICLE 10.

The membership of the Ad Hoc Committee on Sexual Abuse will be reconstituted to include representation from all the episcopal regions of the country.

ARTICLE 11.

The President of the Conference will inform the Holy See of this Charter to indicate the manner in which we, the Catholic bishops, together with the entire Church in the United States, intend to address this present crisis.

ARTICLE 12.

Dioceses/eparchies will establish "safe environment" programs. They will cooperate with parents, civil authorities, educators, and community organizations to provide education and training for children, youth, parents, ministers, educators, and others about ways to make and maintain a safe environment for children. Dioceses/eparchies will make clear to clergy and all members of the community the standards of conduct for clergy and other persons in positions of trust with regard to sexual abuse.

Since the eparchy presently does not have any eparchial schools, there is not program set in place for educating teachers or those who would be involved in such parochial education of children. 

ARTICLE 13.

Dioceses/eparchies will evaluate the background of all diocesan/eparchial and parish personnel who have regular contact with minors. Specifically, they will utilize the resources of law enforcement and other community agencies. In addition, they will employ adequate screening and evaluative techniques in deciding the fitness of candidates for ordination (cf. National Conference of Catholic Bishops, Program of Priestly Formation, 1993, no. 513).

Since July of 2003, there have been no teachers/school employees, as such there have been no fingerprint/based criminal history checks.  The New Jersey Statewide Policy adopted in October 2001 requires a review, including a criminal history background check via fingerprinting, for any new employee or volunteer who 1) maintains substantial and direct interaction with children on a consistent basis, or 2) has, or could have, individualized contact with children.  New employees and volunteers are those who start after October 1, 2001, the effective date of the Statewide Policy.  This includes parish catechetical leaders, youth ministry directors, athletic coaches, those chaperoning children or youth for overnight activities, camp counselors.  Seminarians are fingerprinted prior to their first assignments.

ARTICLE 14.

No priest or deacon who has committed an act of sexual abuse of a minor may be transferred for ministerial assignment to another diocese/eparchy or religious province. Before a priest or deacon can be transferred for residence to another diocese/eparchy or religious province, his bishop/eparch or religious ordinary shall forward, in a confidential manner, to the local bishop/eparch and religious ordinary (if applicable) of the proposed place of residence any and all information concerning any act of sexual abuse of a minor and any other information that he has been or may be a danger to children or young people. (Cf. National Conference of Catholic Bishops and Conference of Major Superiors of Men, Proposed Guidelines on the Transfer or Assignment of Clergy and Religious, 1993.)

The policy of Our Lady of Deliverance Diocese is that no priest or deacon who has committed an act of sexual abuse of a minor may be transferred for ministerial assignment to another diocese/eparchy or religious province.  No priest or deacon of the diocese who has committed an act of sexual abuse of a minor is in any type of ministry in any diocese; nor has any priest who has committed an act of abuse been permitted to take up residence in another diocese.

ARTICLE 15.

The Ad Hoc Committee on Sexual Abuse and the Officers of the Conference of Major Superiors of Men will meet to determine how this Charter will be conveyed and established in the communities of religious men in the United States. Diocesan/eparchial bishops and major superiors of clerical institutes or their delegates will meet periodically to coordinate their roles concerning the issue of allegations made against a cleric member of a religious institute ministering in a diocese/eparchy.

The eparchy does not have any religious communities within its jurisdiction as of this date.  However, if in the event that one day there should exist such religious, the eparch will write to all of the superiors of religious men to inform them of our eparchial policies with regard to the eparchy’s requirements as they pertain to the Charter.

ARTICLE 16. 

Given the extent of the problem of the sexual abuse of minors in our society, we are willing to cooperate with other churches and ecclesial communities, other religious bodies, institutions of learning, and other interested organizations in conducting research in this area.

See Article 9 on the eparchy’s cooperation with the survey of John Jay College of Criminal Justice.

ARTICLE 17.

We pledge our complete cooperation with the Apostolic Visitation of our diocesan/eparchial seminaries and religious houses of formation recommended in the Interdicasterial Meeting with the Cardinals of the United States and the Conference Officers in April 2002. Unlike the previous visitation, these new visits will focus on the question of human formation for celibate chastity based on the criteria found in Pastores Dabo Vobis. We look forward to this opportunity to strengthen our priestly formation programs so that they may provide God's people with mature and holy priests. Dioceses/eparchies will develop systematic ongoing formation programs in keeping with the recent Conference document Basic Plan for the Ongoing Formation of Priests (2001) so as to assist priests in their living out of their vocation.

Since the eparchy is in its infant stages of maturity, there have been no concrete plans for the
on-going formation of priests.  However, during each eparchial visitation, the eparch constantly has encouraged the priests of the eparchy to seek further studies, most especially in the English language.  In addition, each priest is required to participate in the annual eparchial convention as well as the annual retreat whereby all the clergy gather to pray and discuss matters that are germane to the eparchy and the life of her clergy.