2004
Audit Executive Summary Findings
For The Diocese of Albany
The
information found herein represents conditions as they were found
to exist during the week of November 1-4, 2004.
Findings
To Promote Healing and Reconciliation (Articles 1, 2 and 3) The diocese
has a policy on the prevention of sexual abuse of minors by clergy. The
diocese provides outreach designed to offer pastoral care to
victims/survivors and their families. The bishop or his
representative has met with, or offered to meet with all victims/survivors
who have reported allegations of abuse since the last compliance audit.
The bishop or his delegate has directed outreach to all faith
communities in which the sexual abuse occurred. The diocese has a
mechanism in place to respond promptly to any allegation where there is
reason to believe that sexual abuse of a minor occurred.
The diocese has a victim assistance coordinator, Theresa Rodrigues who is
a licensed social worker with a Masters Degree and a number of years in
private practice. The diocese established in 1993 a Review Board
which consists of seven members. The members include a former judge, two
lawyers, two parish priests, a nurse practitioner, and a social worker.
The Board serves as a confidential consultative body to the bishop.
The procedures for making a complaint of abuse are readily available in
printed form, and are the subject of periodic public announcements. The
diocese has not entered into any confidentiality agreements during the
audit period.
To Guarantee Effective Response to Allegations of Abuse of a Minor
(Articles 4, 5, 6 and 7)
The diocese would have reported all allegations of sexual abuse of a minor
to public authorities however there were none since the last compliance
audit. The diocese complies with all applicable civil laws with
respect to the reporting of allegations of sexual abuse of minors to civil
authorities. The diocese has established effective liaison with
civil authorities, ensuring that an open dialogue regarding sexual abuse
allegations will occur. The diocese cooperates with public
authorities about reporting in cases when the person is no longer a minor.
In all instances, the diocese advises victims/survivors of their
right to report allegations of abuse by a member of the clergy to civil
authorities.
When an allegation of sexual abuse of a minor by a priest or deacon is
received, a preliminary investigation, in harmony with canon law, is
initiated. If a preliminary investigation so indicates, the diocese
notifies the Congregation for the Doctrine of Faith and applies the
precautionary measures mentioned in CIC, canon 1722, or CCEO, canon 1473.
When accusations against a priest or a deacon are proven to be
unfounded, the diocese takes steps to restore the good name of the priest
or deacon.
When sexual abuse of a minor by a priest or a deacon is admitted or
established after an appropriate process in accord with canon law, the
diocesan policies provide that the offending priest or deacon be
permanently removed from ministry. The diocese offers professional
assistance to offending priests or deacons.
In every case involving canonical penalties, the processes provided for in
canon law are observed. Accused clergy are encouraged to retain the
assistance of civil and canonical counsel. When necessary, the
diocese supplies canonical counsel to a priest or deacon.
If the penalty of dismissal from the clerical state has not been applied,
the diocese directs the offender to lead a life of prayer and penance.
The diocese does not allow the offender to celebrate Mass publicly,
to administer the sacraments, or to present himself publicly as a priest.
The diocese has established clear and well-publicized standards of
ministerial behavior for priests and deacons. A communications
policy is in effect which reflects the bishop's pledge to be open and
transparent on issues regarding the sexual abuse of children. The
diocese does assist and support all parish communities directly affected
by ministerial misconduct involving minors.
To Protect the Faithful in the Future
(Articles 12, 13, 14, 15, 16 and 17)
The diocese has fully implemented a "safe environment" education
program. The educational program for children is New York State
Learning Standards and Child Lures; the educational program for parents is
Sexual Abuse Awareness Training for Children and Youth in Parish
Catechetical/Youth Ministry; the educational program for ministers is
Virtus; the educational program for educators is Virtus; and the
educational program for others is Virtus. The diocese has clear and
well publicized standards of conduct for persons in positions of trust
with regard to sexual abuse. The diocese conducts background
evaluations for all diocesan and parish personnel who have regular contact
with minors, using appropriate law enforcement resources where
permissible. The diocese employs adequate screening and evaluative
techniques in deciding the fitness of candidates for ordination.
The diocese has not transferred any priest or deacon who has had a
credible allegation of sexual abuse made against him to another
ministerial assignment since the last audit. The diocese has not
transferred any priest or deacon who has had a credible allegation of
sexual abuse made against him to another diocese/eparchy for residence
since the last audit.
The bishop, or his designee, has coordinated with major superiors of men
with a presence in the diocese concerning addressing the issue of
allegations of sexual abuse of minors by clergy. The diocese has not
had the opportunity to participate in research with other institutions in
the area of sexual abuse. The diocese has developed a systematic
ongoing formation program in keeping with the Basic Plan for the Ongoing
Formation of Priests.
Compliance with the Provisions of the Charter
At the conclusion of this compliance audit, the diocese was found to be
compliant with all articles of the Charter for the Protection of Children
and Young People.
