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  #1  
Old 12-02-2010, 09:30 PM
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Margies3 Margies3 is offline
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??? for the attorneys and pastors here

or anyone else who might really have knowledge about this............

Let's say a member of a congregation has done something very, very wrong (sexually). This person goes to the pastor in confidence and spills his guts - all the disgusting details. In the meantime, the police are called in (not by the pastor) and the person is arrested for their crimes. AFTER the police have arrested this person and taken them away, the pastor then files a written report with the police regarding what he knows about the situation.

My questions are several:
1) How much is the pastor OBLIGATED by law to put in his written report?
2) Should he even be filing a written report? Or does pastor confidentially exclude him from doing that?
3) Where is that "fine line" drawn in a situation like this?

I know that as a daycare provider if I know of abuse or neglect, I am obligated by law to call the authorities. But what I would know would not have been shared with me in the kind of confidential situation that a pastor/parishioner would share. So is there a difference?

Please don't think I am bashing any pastor here. I am simply asking a question. Thanks.
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  #2  
Old 12-02-2010, 09:31 PM
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Re: ??? for the attorneys and pastors here

Are you out on bail?

(Sorry. Couldn't help myself. )
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  #3  
Old 12-02-2010, 09:36 PM
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Re: ??? for the attorneys and pastors here

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Originally Posted by Timmy View Post
Are you out on bail?

(Sorry. Couldn't help myself. )
Timmy, looks to me like you've had too MUCH of that candy in your avatar!! Looking for a little Adderall to chase it down with now? LOL
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Old 12-02-2010, 09:37 PM
houston houston is offline
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Re: ??? for the attorneys and pastors here

Don't know bout the other 49, but in CA a pastor is considered a servant of the community and is obligated to report something of that nature to the law enforcement officials within , I think 48 hrs. If the pastor does not notify the proper authorities within the set amount of time, the pastor can face criminal charges.
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Old 12-02-2010, 09:41 PM
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Re: ??? for the attorneys and pastors here

I went to a Vineyard Church from 1992 to 2006. I was on different prayer teams during this period and for 5 years I was a POC (Pastor On Call). We were told a couple of things about serving in those capacities.

One, we were not to "give advice" or "counsel." In other words were not supposed to tell a person to divorce or leave their spouse. This could come back with legal ramifications like, "Well, the Vineyard told my wife to divorce me."

Second, if anyone revealed to us that they were considering suicide we were to immediately have someone on another line call the authorities and tell them of the situation and where the person was or report it ourselves.

Thirdly, if someone revealed that they were abusing someone, we were to tell them that we did not have clergy privilege and we had a legal obligation to report the situation. We were told to tell the person that it would be best if he reported himself and if he did not we would report him. We were to tell the person, you need to report this and I am going to check to find out if you did or not, and if you did not I will report you.
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Old 12-02-2010, 09:45 PM
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Re: ??? for the attorneys and pastors here

Quote:
Originally Posted by Sam View Post
I went to a Vineyard Church from 1992 to 2006. I was on different prayer teams during this period and for 5 years I was a POC (Pastor On Call). We were told a couple of things about serving in those capacities.

One, we were not to "give advice" or "counsel." In other words were not supposed to tell a person to divorce or leave their spouse. This could come back with legal ramifications like, "Well, the Vineyard told my wife to divorce me."

Second, if anyone revealed to us that they were considering suicide we were to immediately have someone on another line call the authorities and tell them of the situation and where the person was or report it ourselves.

Thirdly, if someone revealed that they were abusing someone, we were to tell them that we did not have clergy privilege and we had a legal obligation to report the situation. We were told to tell the person that it would be best if he reported himself and if he did not we would report him. We were to tell the person, you need to report this and I am going to check to find out if you did or not, and if you did not I will report you.
Thanks, Sam. I appreciate your answer.

I wonder if it works the same way for Protestants as well as Catholics? Is there more confidentiality privilege because of the confessional??
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Old 12-02-2010, 09:46 PM
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Re: ??? for the attorneys and pastors here

Quote:
Originally Posted by Timmy View Post
Are you out on bail?

(Sorry. Couldn't help myself. )
and out of Jail and that's the way it goes Rah!

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Old 12-02-2010, 09:48 PM
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Re: ??? for the attorneys and pastors here

I don't know about for pastors, but social workers and counselors with a license in social work have to report abuse, if I understand right. (At least in my state.) The concept is that you protect the client as much as possible, but if the client is threatening something harmful to someone else, you must work for the greater good.

My understanding is that pastors are required to report child abuse/neglect if they are sure of it. I'm not sure there is a requirement if the two people are both adults, but what they have to be careful of is to report only that there is a concern, or to state provable facts, not hear-say. That's just my understanding. I'm not an authority. I know that my first pastor was very careful not to find out that certain kids were neglected. He was afraid that if he knew, he'd have to report the parents, and if he did that he'd lose the kids and the parents both.
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Old 12-02-2010, 09:48 PM
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Re: ??? for the attorneys and pastors here

Quote:
Originally Posted by Margies3 View Post
Thanks, Sam. I appreciate your answer.

I wonder if it works the same way for Protestants as well as Catholics? Is there more confidentiality privilege because of the confessional??
It is my understanding (might be wrong) that in the confessional the priest is not obligated to reveal what has been said. I think something happened like that with OJ Simpson but that was not a Roman Catholic situation. I think OJ Simpson had told Rosie something that might have been used in convicting him but because Rosie was speaking to him in a position of praying for him he did not have to reveal what was said.
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Old 12-02-2010, 09:49 PM
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Re: ??? for the attorneys and pastors here

Quote:
Originally Posted by Margies3 View Post
Thanks, Sam. I appreciate your answer.

I wonder if it works the same way for Protestants as well as Catholics? Is there more confidentiality privilege because of the confessional??
I've never been to confessional, but I thought the priest wasn't supposed to be able to see the person who was confessing, but only to hear the confession?
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