3. SCREENING FORMATION, EDUCATION & ASSIGNMENT TO MINISTRY

Section 3 contains provisions confirming the Diocese's/Eparchy's responsibility to screen candidates for the priesthood and enhance educational programs regarding sexuality and sexual abuse. The Diocese's/Eparchy's cooperative relationship with religious communities and clerics of other dioceses is clarified and the authority to review the fitness of clerics seeking assignment is confirmed.

3.1 Screening and Education of Clerics and Seminarians

Policy:

The Diocese/Eparchy shall evaluate the background of all Diocesan personnel who have regular contact with minors. Specifically, they will utilize the resources of law enforcement and other community agencies. The Diocese/Eparchy will make sure that all the aspiring seminarians and deacons will undergo the necessary programs for screening and continuing education of clerics in matters related to sexuality and sexual abuse (Cf. USCCB Charter, art. 13).

Procedures

1. Psychological Profile.
   Consistent with applicable ethical, canonical and legal principles and as soon as may be appropriate, a full psychological profile of each seminarian and deacon candidate shall be obtained. In addition to general psychological fitness for ordination and ministry, the profile should seek to identify tendencies of pedophilia or ephebophilia. The psychological profile shall be maintained as part of the seminarian's or candidate's permanent personnel file. The profile may be updated as necessary or appropriate.

2. Developmental Programs.
   Not having its own seminaries, the Diocese of Canton will ensure that its candidates to the diaconate or priesthood will have as part of their formation programs age appropriate courses that deal in depth with psychological development, including both moral and deviant sexual behavior, with emphasis on the implications of making moral choices in accord with church teaching and priestly commitment. There will be clear and well publicized standards of ministerial behavior and appropriate boundaries for clergy and any other church personnel in positions of trust who have regular contact with children and young people (Cf. USCCB Charter, art. 6).

3. Certification.
   Every cleric who holds or requests faculties within the Eparchy shall certify in writing that he has read and is familiar with the Eparchy policies and procedures regarding sexual abuse of minors. The cleric's certification will be maintained in the cleric's personnel file. The Diocese 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 (Cf. USCCB Charter, art. 17).

3.2 Assignment and Transfer of Clergy outside their Jurisdiction

3.2.1 Priests and Deacons of the Eparchy of Canton

Policy:

No Diocesan 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 Diocesan priest or deacon can be transferred for residence to another diocese/eparchy or religious province, the Bishop or his delegate 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 indicating that he has been or may be a danger to children or young people. This shall apply even if the priest or deacon will reside in the local community of an institute of consecrated life or society of apostolic life. In proposing a priest or deacon for residence outside the Diocese, the Bishop or his delegate shall provide the receiving bishop/eparch or religious ordinary with the necessary information regarding any past act of sexual abuse of a minor by the priest or deacon in question (Cf. USCCB Charter, art. 14 and USCCB Essential Norms, §12).

3.2.2 Religious Communities and Clergy of Other Dioceses

Policy:

No religious or extern priest or deacon who has committed an act of sexual abuse of a minor may be transferred for ministerial assignment in the Diocese of Canton. Before a priest or deacon can be transferred for residence in the Diocese of Canton, his bishop/eparch or religious ordinary shall forward, in a confidential manner, to the Bishop or his delegate any and all information concerning any act of sexual abuse of a minor and any other information indicating that he has been or may be a danger to children or young people. This shall apply even if the priest or deacon will reside in the local community of an institute of consecrated life or society of apostolic life (or as it is common in the Eastern Churches, as a monk or other religious, in a society of common life according to the manner of a religious, in a secular institute, or in another form of consecrated life or society of apostolic life). Every bishop/eparch or religious ordinary proposing a priest or deacon for residence in the Diocese of Canton must provide the Bishop or his delegate with the necessary information regarding any past act of sexual abuse of a minor by the priest or deacon in question (Cf. USCCB Charter art. 12, and USCCB Essential Norms §14).

3.3 Relationship with Religious Communities

Policy:

Religious communities whose cleric members maintain or seek faculties to minister in the Diocese shall abide by the Diocesan policies and procedures relating to sexual abuse of minors.

Procedures

1. The community must provide a copy of its own policies and procedures to the Bishop or his delegate.

2. The presenting community shall provide a written statement about the status, background, character and reputation of each cleric presented for faculties in the Diocese, as provided in the model promulgated by the Conference of Major Superiors of Men, Proposed Guidelines on the Transfer or Assignment of Clergy and Religious, 1993 (Essential Norms § 16).

3. If a religious cleric exercising public ministry or an apostolate in the Diocese of Canton is accused of sexual abuse of a minor, the Bishop or his delegate and the competent religious superior shall confer with each other. Concerning withdrawal from ministerial functions, the Diocese will determine whether or not the cleric may continue to exercise a ministry which involves the care of souls, the public exercise of divine worship, or some other work of the apostolate (CCEO, cc. 201; 543; cf. 416). If the Diocese determines that a religious cleric may no longer exercise such ministry in the Diocese, his faculties will be revoked, and his proper Ordinary will be requested to recall the cleric immediately. The religious community retains its rightful autonomy and responsibility to address issues pertaining to its internal affairs, such as psychological assessment, treatment and aftercare for the accused cleric.

4. If sexual abuse of a minor is alleged to have occurred involving a religious priest or deacon ministering in a parish, school or other entity under the auspices of the Diocese of Canton, the Diocese retains the right to initiate the process of investigation and follow-up with the Administrative Investigator and Review Board and take whatever action it deems appropriate. Since religious are also subject to their own proper superiors and to the discipline of their institute (CCEO, c. 543), the religious community may also chose to review the allegation in keeping with its own policies and procedures. If the religious superior removes the religious cleric from the office entrusted to him after having informed the Bishop, the cleric's Diocesan faculties will be revoked. However, any determination about return to ministry in the Diocese and restoration of Diocesan faculties will be made according to Diocesan policies and procedures in this regard.

5. If a religious cleric exercising a ministry strictly internal to the religious community without Diocesan faculties is accused of sexual abuse of a minor, the religious community may choose to review the allegation in keeping with its own polices and procedures. Any subsequent presentation for Diocesan faculties is subject to Diocesan policies and procedures. In any case, the Diocese retains the right for a most grave cause to prohibit a member of a religious institute from residing in the Diocese or at any particular location in the Diocese. If the cleric's major superior has not made provision after having been informed; such matters are to be referred to the Holy See.

3.4 Extern Priests

Policy:

The Diocese shall maintain and periodically review its policies affecting extern priests who seek or maintain faculties in the Diocese. The priest's proper Ordinary shall certify whether he is aware of anything in the priest's background, which would render him unsuitable to work with minors. In the case of any allegation or incident of sexual abuse of a minor, the priest's proper Ordinary shall submit to the Bishops delegate a comprehensive report of the allegation and its disposition.

Procedures

1. If an extern priest exercising public ministry or an apostolate in the Diocese of Canton is accused of sexual abuse of a minor, the Diocese must confer with the competent Ordinary. The Diocese will determine whether or not the priest may continue to exercise a ministry, which involves the care of souls, the public exercise of divine worship, or some other work of the apostolate (CCEO, cc. 201; 543; Cf. 416). If the Diocese determines that an extern priest may no longer exercise any ministry in the Diocese, his faculties will be revoked, and his proper Ordinary will be requested to recall the priest immediately.

2. If sexual abuse of a minor is alleged to have occurred, the Diocese retains the right to initiate the process of investigation and follow-up with the Administrative Investigator and Review Board and take whatever action it deems appropriate. Any determination about return to ministry and restoration of faculties will be made according to Diocesan policies and procedures.

3.5 Deacons

Diocesan Deacon

Policy:

In the case of any allegation or incident of sexual abuse of a minor by a deacon, the Bishop's delegate shall refer the matter to the Administrative Investigator, who shall follow this policy in so far as it applies to deacons and the case under review.

3.5.1 Extern Deacon

Policy:

When a deacon relocates into the Diocese and requests faculties to minister, the proper Ordinary shall certify whether he is aware of anything in the deacon's background which would render him unsuitable for ministry. In the case of any allegation or incident of sexual abuse of a minor, the proper Ordinary shall be notified, and regulations and procedures of this policy shall be followed in so far as they apply to deacons and the case under review.

3.6 Assignment Review for Priests

Policy:

The Vicar General shall review assignments of priests' accused of sexual abuse of minors in light of these policies.

Procedure

The Vicar General shall review the name or list of names and delete any individual who is the subject of a proceeding before the Review Board, including any continuing monitoring under these provisions. The application of any such individual will be returned to him.

4. REVIEW PROCESS FOR CONTINUATION OF MINISTRY