Support SB 253 – Mandatory Reporting of Child Abuse and Neglect

Proposed legislation:
13. Any regular minister, priest, rabbi, or duly accredited practitioner, including a duly accredited Christian Science practitioner, over the age of 18 years, of any religious organization or denomination usually referred to as a church. This subsection shall not apply to (i) information required by the doctrine of the religious organization or denomination to be kept in a confidential manner or (ii) information that would be subject to § 8.01-400 or § 19.2-271.3 if offered as evidence in court.

The “Clergy as a Mandated Reporter” amendment to the Code of Virginia would require members of the clergy to report suspected child abuse and neglect, while preserving the clergy/penitent privilege. Preserving the privilege will not interfere with clergy reporting information gained in independent manner. The current language exempts communication, such as confession or spiritual counseling that is already privileged under the criminal and civil code. These exemptions have been previously established in the code and are understood by the courts and members of the clergy.

SB253 clearly spells out clergy/penitent privilege and reporting requirements. Under current law, clergy affiliated with schools or daycare centers, in the role as teachers, are mandated reporters, even when the suspicion of abuse and neglect comes from clergy/penitent and spiritual counseling situations. (e.g. If while the pastor of a church teaches religion classes in the church’s affiliated private school and in a counseling situation hears of an instance of abuse and neglect, the pastor is a mandated reporter despite that the discovery was made in the pastor/penitent role.) The clarity SB253 would provide applies to many situations that pastors find themselves including as scout master, youth leader, and church camp counselor.

• This bill is NOT about interfering with the relationship between members of the clergy and congregants. SB 253 is about finding and prosecuting child abusers as well as protecting children who are in abusive situations.
• Without this bill, if a member of the clergy reports suspected child abuse, he or she could be subject to civil or criminal liability. This bill makes clergy immune from liability for making a report, unless they act in bad faith.

Current status of Virginia Law:
The Code of Virginia provides that certain members of the public are required to report suspected child abuse who, in their professional capacity, have reason to suspect a child is abused or neglected. (§ 63.2-1509). Under current law, there are 13 categories of individuals that are mandatory reporters, including teachers, Christian Science practitioners, medical practitioners, social workers, probation officers, etc.

Clergy, like the mandated reporters listed above, routinely interact with families and children and are in a special position to observe signs of “abuse and neglect,” as clearly defined in the code.

Other States:
Twenty-three states mandate clergy to report child abuse. Sixteen other states require all persons to report child abuse.

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