Policies
Reporting
If you are a victim of abuse or if any clergy, religious, lay employee,
or volunteer of the Diocese of Orlando
who knows or has cause to suspect that
a child or vulnerable adult has been subjected
to any form of abuse, child sexual abuse,
or neglect by any person, including another
diocesan employee or volunteer, religious
or clergy, immediately will
observe the following procedures:
A. External
Department
of Children and Families Services (DCFS)
- Telephone toll free abuse registry
hotline at 1-800-962-2873 or 1-800-342-9152
within the same calendar day.
- Respond to local DCFS call back
with additional information.
- Follow-up written report must be
sent within 48 hours of call, WITHOUT
EXCEPTION.
Department
of Professional Regulation (DPR)
If suspected perpetrator is a teacher,
social worker, or licensed mental health
professional:
- Telephone DPR at 1-800-445-6739
- Comply with instructions given by
DPR regarding written report and any
additional actions.
Law Enforcement
- Notify law enforcement or the state
attorney’s office within the
same calendar day.
When making a report,
record the name of the person taking
the report and the case number for
the notification made.
B. Internal
- Immediately after telephoning DCF,
DPR, and the appropriate law enforcement
agency the individual will notify the
pastor, school principal, director of
religious education, or other responsible
supervisor.
- Immediately after receiving notification
of a reported child abuse charge the
supervisor will contact the victim assistance
coordinator, who will then notify the
parents.
- Once written reports to DCF, DPR,
and any other appropriate agencies are
forwarded, the person reporting will
give copies of these reports to the
responsible supervisor within the same
calendar day.
- Immediately after receiving copies
of the written reports, the supervisor
will forward them to the victim assistance
coordinator.
C. Content
of Report
- The name, age, gender, address of
the child as well as the name of the
parent or guardian, the nature and extent
of the abuse, and any other pertinent
information should be included.
- The name, address, age, and gender
and any other pertinent information
concerning the alleged perpetrator should
also be included.
D. Diocesan
- The victim assistance coordinator
receiving the report will notify the
Bishop that same calendar day.
- The Bishop and/or his representative
will notify the Diocesan Review Board in a timely
fashion.
Victim
A. Pastoral
Concern
- The primary focus of pastoral concern
and support is the victim. Hence,
the Diocese will take all appropriate
measures to assist in the healing process
of the victim.
- Contact with the victim should be
restricted to the Bishop and the victim
assistance coordinator and any other
person designated by the Bishop, so
as to avoid confusion as to intent or
care.
- The Diocese will offer pastoral support
to the family of the victim.
- Notification and contact with the
family of the victim will be made by
the Bishop, victim assistance coordinator,
or other person designated by the Bishop. Every
effort will be made to keep the family
of any victim who is still a minor properly
informed.
- Members of the Diocesan Review Board will
meet with the victim and family members
as directed by the Bishop or his delegate.
B. Counseling
- Counseling will be offered to the
victim and family as appropriate and
necessary.
Alleged Perpetrator
A. Diocesan
Clergy
- Individual will be informed of the
allegations by the Bishop or his representative
and will be given an opportunity to
respond to the allegations.
- Pastoral support and spiritual guidance
will be offered.
- Individual will be advised of his
right to seek legal and canonical counsel.
- Individual will be removed from contact
with children and placed on administrative
leave pending the investigation and
psychological evaluation.
- Individual will be sent for a psychological
evaluation.
- Individual will be offered whatever
residential or outpatient care is recommended.
B. Seminarians
- Individual will be informed of the
allegations by the Bishop or his representative
and will be given an opportunity to
respond to the allegations.
- Pastoral support and spiritual guidance
will be offered.
- Individual will be advised of his
right to seek legal and canonical counsel.
- Individual will be placed on an administrative
leave from the seminary pending the
investigation and psychological evaluation.
- Individual will be sent for a psychological
evaluation.
- If serious issues emerge in the psychological
evaluation the individual will no longer
be sponsored as a seminarian for the
Diocese of Orlando.
C. Religious
Priests, Sisters, and Brothers
- Individual will be informed of the
allegations by the Bishop or his representative
and will be given an opportunity to
respond to the allegations.
- Pastoral support and spiritual guidance
will be offered.
- Individual will be advised of his
or her right to seek legal and canonical
counsel.
- Bishop or his representative will
contact major superior of the institute
of consecrated life and will request
that the individual
be removed pending the investigation
and psychological evaluation.
- Individual
will be asked to go for a professional
evaluation either by the Diocese or
by the major superior.
- It will be the
responsibility of the major superior
to send the individual for residential
or outpatient care as indicated.
D. Laity
- Individual will be informed of the
allegations by the Bishop or his representative
and will be given an opportunity to
respond to the allegations.
- Pastoral support and spiritual guidance
will be offered.
- Individual will be advised of his
or her right to seek legal and canonical
counsel.
- Individual will be removed from contact
with children and placed on administrative
leave pending the investigation.
- Individual will be encouraged to go
for a professional evaluation and to
seek whatever residential or outpatient
care is indicated.
E. Restoration
of Position
Individuals accused of child sexual abuse
will be restored to their former positions
or placed in other diocesan positions
only under certain conditions:
- If all investigations prove that
the accusations were false.
- If there are no outstanding issues
that emerge as a result of the evaluation
and/or investigation which need
to be addressed prior to resumption
of an assignment.
- If, in the opinion of the Bishop,
his advisors, and any appropriate
civil authorities, the individual
poses no threat to the well-being
of others.
- Nothing in this section shall be construed
to preclude the Bishop from removing
a priest or other religious from the
ministry even if the perpetrator is
adjudicated not guilty or if formal
criminal charges are not brought.
- In the case of proven child
sexual abuse, no one will be restored
to a diocesan position.
Communications
- All communications regarding allegations
of child sexual abuse will protect the
identity of the victim and reflect the
confidential nature of the investigation.
- Care will be taken to insure that
the rights of the alleged perpetrator
are not violated.
A. Internal
- Notification to parishes, schools,
priests, religious, lay employees, and
volunteers will be made through releases
provided by the Bishop or his representative. These
will be made available as soon as feasible.
- Any employee found guilty of child
sexual abuse will have this information
noted in his or her personnel file.
- Inquiries for references in cases
of guilty employees should be referred
to the Office of Human Resources.
B. External
- All media inquiries will be answered
by the spokesperson designated by the
Bishop. No other diocesan employee
or volunteer is to respond to the media
except when so directed by the Bishop
or his representative.
- Every effort will be made to insure
that all information is disseminated
in a timely and appropriate manner. To
that end, media releases will be made
to appropriate bodies as advisable.
Policy and
Procedures for Screening of Church
Personnel
The Diocese of Orlando is committed
to doing everything in its power to
ensure the safety of all those entrusted
to its care, particularly children,
the elderly, and the disabled. We
believe that each individual is created
in the image of God and must be treated
with dignity and respect. Therefore,
the Diocese of Orlando considers any
abuse or neglect of any kind to be totally
unacceptable and contrary to Christian
principles.
All
employees, priests, religious brothers
and sisters, and covered volunteers in
the Diocese of Orlando will be screened
in accordance with this policy. Additional
screening will be done for clergy and
seminarians according to the policies
of the Diocese.
I. Glossary of
Terms
- "Employee": Any
lay person who is employed by or engaged
in ministry in any Diocesan entity,
whether part-time or full-time, who
is given payment for services rendered,
and for whom the Diocesan entity is
obligated to withhold payroll taxes
(FICA, Medicare, and withholding). This
definition does not include independent
contractors, consultants, vendors or
other persons who are not subject to
the supervision of the Bishop of the
Diocese and for whom no such duty to
withhold payroll taxes exists.
- "Covered Volunteer": Any
unpaid person engaged or involved in
a Diocesan activity, or who is involved
in a Diocesan ministry and has contact
with children, young adults, mentally-challenged
children or adults, or the elderly or
disabled, whether in a hospital, nursing
home, or residential setting, including
pastoral visits and distribution of
communion.
- "Church Personnel": For
purposes of this policy only, Church
Personnel includes all individuals who
minister, work, or volunteer in any
school, parish, or ministry of the Diocese
whose compliance with this policy is
sought. The term has no legal
meaning or significance outside the
scope of this policy and is not indicative
of any employment or agency relationship.
II. Policy
In an effort to ensure the safety of
those persons under the care of the
Diocese, all Church Personnel will be
required to submit a completed Criminal
Background Check Form as well as a complete
set of fingerprints so as to facilitate
a criminal background investigation.
Eligibility for employment, volunteer
work, or ministry will be contingent
and conditioned upon a satisfactory
background investigation. This background
investigation will be updated every
five (5) years, except for instructional
personnel who are recertified by the
State of Florida every five (5) years
with an FBI check. This policy applies
even if an individual has been cleared
through an FBI/VECHS or FDLE check conducted
by their employer or another entity.
III. Distribution
of Policy and Procedures
A copy of this policy and the procedures
for implementation will be distributed
to all parishes and other Diocesan entities. All
Pastors and designated administrators
are to be familiar with this policy and
with their respective responsibilities
for screening Church Personnel.
IV. Types of Screening
- FBI (VECHS) and FDLE: All Diocesan employees and covered volunteers including clergy, principals, instructional personnel, seminarians, school employees, directors of religious education, catechists, youth ministry directors and volunteers, religious brothers and sisters, coaches (whether paid or volunteer), music/choir directors, employees and volunteers of Bishop Grady Villas, counselors of children or vulnerable adults, Boy/Girl Scout Troop Leaders, independent contractors working as substitute teachers or temporary school office personnel, and child care center employees 1 and volunteers will be fingerprinted every five years through the FBI/FDLE screening process. For all individuals, this policy supercedes other requirements of any federal or state policy.
- Safe Environment: All Diocesan employees and covered volunteers as outlined in the above paragraph are required to complete Safe Environment Training.
V. Procedures for Implementation
- New Church Personnel: Before beginning work or volunteer activities, the individual must complete the appropriate criminal background process and receive clearance from the Office of Human Resources. All offers for any position are contingent upon approval from the Office of Human Resources. All new hires requiring FBI/FDLE checks (and other individuals in emergency cases or when approved by the Office of Human Resources) will be fingerprinted at an approved Diocesan location identified on the Fingerprint Registration Web site. Every five years, these individuals will be required to be re-screened, according to the appropriate type of screening.
- General Fingerprinting Procedure: Employee or volunteer applicants must register on the Fingerprint Registration Web site. At the time of registration, an appointment may be made to be fingerprinted at a Diocesan approved location. Applicants must take the barcode (provided at registration) with them to the appointment. Fingerprints may be taken by a Diocesan trained or certified employee or volunteer.
- Third Party Vendors: No third party vendors, other than PrideRock Holding Company, Inc., can be used by any Diocesan entity for the purpose of background checks and/or clearance. Results of all fingerprinting and background checks will be processed through the Office of Human Resources for all Diocesan entities.
- Safe Environment: After registering on the Fingerprint Registration Web site, applicants will need the barcode provided through that process to take the Safe Environment Training. Applicants may access the training video on the Diocesan Web site. Immediately after viewing the video, applicants will be required to take a subsequent test, consisting of 13 questions. Test results will be automatically forwarded to the Office of Human Resources. Successful completion of this test will satisfy the applicant's Safe Environment Training requirement.
- Special Procedures for Schools: Instructional personnel certified through the State of Florida will be re-screened every five years pursuant to the State's certification process (this will include a renewed FBI/VECHS check). All other school employees will be re-screened every five years. The State of Florida certification approval and the related screening results for instructional personnel will be reviewed by the Office of Human Resources.
- Records: Digital fingerprint images will be retained in a secure electronic database through PrideRock Holding Company, Inc. Any identified criminal history, along with Diocesan recommendations for clearance, will be held in a secure location in the Chancery.
- Clearance Process: Once the background check process has been completed, the Office of Human Resources will notify the parish, school, or designated administrator, electronically in writing, of all individuals who have cleared without restriction. When the completed FDLE/FBI/VECHS background check finds evidence of a conviction or other problem, it is called a "Hit," and the pastor, principal, or designated administrator will be notified confidentially, in writing, regarding the results of the background check and the decision to deny employment or volunteer activity, or restrict an individual's employment or volunteer activity. If an individual is cleared, the notification shall be kept on file at the parish, school, or ministry. Restriction or rejection notices shall be kept in a locked, confidential file, in alphabetical order. When an administrator or pastor is replaced, their replacement shall review the confidential file to ensure that they are aware of any restrictions on a volunteer's or employee's activities. In addition, he or she shall verify, in writing, to the Office of Human Resources that such a review has been completed. Any individual who is rejected or placed on restriction should be told by the pastor, principal, or designated administrator, and given the reasons for the rejection or restriction. If the individual feels there is an error, or that he or she is being unfairly treated, he or she will be required to provide written documentation to the Senior Director of Human Resources before the decision can be reconsidered.
- Limitations on Use: The Diocese may not use the criminal records, juvenile records, or abuse registry information of a person obtained through this screening process for any purpose other than determining whether that individual meets the minimum standard for good moral character or is otherwise qualified for the position sought.
- Renewals: Covered volunteers and employees needing to be re-fingerprinted must register on the Fingerprint Registration Web site.
VI. Criteria for Excluding an
Individual from Service
Background checks involve a search
of any criminal history in the State
of Florida (or nationwide if FBI/VECHS).
When a "Hit" is received,
it is brought to the attention of the
Office of Fingerprinting, which, based
on the seriousness of the crime or incident,
decides whether the applicant can work
or volunteer for the Diocese. More often
than not, the person is permitted to
work or volunteer, but with certain
restrictions. For example, if a person
has had a DUI or reckless driving conviction,
he/she is not permitted to drive on
behalf of the parish or school. Serious
crimes, especially those involving violence
or sexual abuse, will result in the
applicant not being permitted to work
or volunteer for the Diocese. Persons
who have a criminal conviction related
to the responsibilities of the position
the individual will assume (e.g., a
bookkeeper applicant convicted of forgery
or embezzlement; a bus driver convicted
of DUI or reckless driving), may be
excluded from employment, volunteer
service, or ministry. Failure to meet
the minimum standards of good moral
character or the reasonable job-related
expectations of the Diocese will be
sufficient for preclusion
(or immediate termination) from employment,
volunteer service, or ministry. In addition,
individuals who misrepresent or fail
to complete accurately their background
information, including any criminal
record or activity, will be denied employment
or volunteer activity, or, if the inaccuracy
or misrepresentation is subsequently
discovered, the individual may be immediately
terminated from employment, volunteer
service, or ministry.
VII. Policy and Procedures
Must be Strictly Followed
No
one, other than a representative of the Office of Fingerprinting, has the authority
to modify or allow any deviation from the Policy and Procedures set forth above. Any
modification or deviation must be approved in writing. To ensure compliance,
spot audits conducted by the Office of Fingerprinting may occur. Church
Personnel who fail to follow the Policy and Procedures of the Diocese will
be subject to discipline, up to and including termination of employment, removal
from ministry, or cessation of volunteer activity.
VIII. Conflicts with
Other Policies and Procedures of the
Diocese
If
there is a conflict between the Policy and Procedures set forth above and any
other Policy and Procedure of the Diocese, the Policy and Procedures for Screening
of Church Personnel shall prevail.
Diocesan Review Board
Any allegation of child sexual abuse
within the Diocese of Orlando will be
reviewed by the Diocesan Review Board. This
Board is comprised of at least four lay
individuals, a parent, a victim, a representative
of law enforcement, and a mental
health professional whose practice focuses
on victims and/or perpetrators of this
type of abuse. The Diocesan representative
of the Review Board shall be the victim
assistance coordinator. A priest
is also named to the Review Board. The
director of communications and the Diocesan
attorney may participate on the Review Board as appropriate. This Board is
advisory to the Bishop in matters relating
to sexual abuse. They are asked
to look into complaints, to review diocesan
policies, and to make recommendations
concerning actual cases and preventive
measures, as requested by the Bishop.
When an allegation of child sexual abuse
is received:
- Florida Reporting Law is followed
- the victim assistance coordinator
is notified
- the individual is removed from his/her
position pending a law enforcement and
internal investigation
- if the accused is a priest, he is
sent for an evaluation at a certified
healthcare facility
- the Diocesan Review Board is notified
of an allegation
- the assistance coordinator will commence
an investigation within one week of
the notification of the allegation,
and shall consult with members of the
Diocesan Review Board, the Diocesan
attorney, or others
- a recommended resolution will be reviewed
with the Diocesan attorney and canon
lawyer, and then presented to the Bishop.
Outreach to Victims
of Sexual Abuse
Victims of ministerial sexual
misconduct frequently feell deep shame
or self-condemnation. They may
fear not being believed or being blamed
by Church officials or members. Many
times they may not even realize that
the way they were treated was abusive. Sadly,
victims can experience a crisis of faith
and even leave the Church altogether.
Christ calls us to reach
out to the victims in their time of suffering
and recovery. The Diocese of Orlando
offers victims pathways to emotional
and physical healing and ultimately
a spiritual journey back to Christ.
We assist victims who have
experienced a broken relationship with
our Church and we offer support to them
in the form of counseling, spiritual healing
through the sacraments, and sometimes, monetary restitution
to assist them in dealing with life's
challenges or other consequences of
the trauma often caused by abuse. This
help is on-going and does not necessarily
end at one meeting or conversation.
In the case of a court judgment, it
does not end even at that time. Each
person's experience is different and
the assistance provided is based on
the individual’s needs.
For more information on our outreach
program and support,
contact the Victim Assistance Coordinator
at 407-246-7179.
1- By
law, these individuals also will be
cleared by the State's Department
of Children and Families.
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