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FBC Milton, [Lafayette Area]
Bro Tom Lambert, pastor and wife, Chris
in the midst of a building program at FBC Milton
have been informed that the church has been nominated for :
the Charles H. Spurgeon Church of the Year award.
The Charles Spurgeon Award is given by Southern Seminary and also by the Billy Graham School on Missions. The nomination is for outstanding Church award.

J. Michael Johnson
Legal Counsel
American Tower, Ste. 900
401 Market Street
Shreveport, Louisiana 71101
Telephone: (318) 459-2239
Facsimile: (318) 222-0458
E-mail: mjohnson@alliancedefensefund.org

Gene Mills
Executive Director
655 St. Ferdinand St.
Baton Route, LA 70802
Telephone: (225) 344-8533
Facsimile: (225) 344-9006
E-mail: genemills@lafamilyforum.org

August 6, 2003
FROM: Mike Johnson Alliance Defense Fund
Gene Mills Louisiana Family Forum
RE: Senate Bill No.383 -Mandatory Reporting of Suspected Child Abuse by Clergy

This memorandum has been prepared to inform Louisiana clergy and religious leaders of new caveats in state law. Senate Bill No.383, passed by the Louisiana Legislature in June, modified reporting requirements for clergy in cases of suspected child abuse. The modified requirements create the potential for new liabilities for churches. The following provides a brief summary of the law in this area and the relevant changes:

I. Prior Law

La. Children’ s Code Art. 603 provides for “the reporting of suspected cases of abuse, exploitation, or neglect of children.” Prior to the 2003 Regular Session and the enactment of SB 383, the designation of “mandatory reporter” included health care workers, social workers, counselors, etc. Specifically excluded from the “mandatory reporter” designation were priests, rabbis, and ordained ministers, who may have “acquired knowledge of abuse or neglect from a required to encourage that person to report, but had no legal duty to report anything himself

II. New Law

SB 383 amended La. Ch.C. Art. 603 to include all members of the clergy as “mandatory reporters” of any suspected cases of abuse, exploitation, or neglect of children. “Members of the clergy” is defined by La. Code of Evidence Art. 511 (A)( 1) to include any “minister, priest, rabbi, Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him.” (Emphasis added.)

With this broad definition of members of the clergy ,“ SB 383 has implicitly created new legal liability for many unsuspecting church leaders. Here after virtually anyone in the church who might be involved, directly or indirectly, with counseling services to a child or his family, and who may be perceived as a church leader, can potentially be liable for a failure to report a case of suspected abuse. Though many deacons, youth pastors, ministry interns, lay ministers, and others lack training in how to spot the warning signs of abuse, they may now be considered mandatory reporters of problems that may have existed, but gone undetected.

Of course, as always, any known case of abuse, exploitation, or neglect of children must be reported by clergy to authorities. For good reason, this aspect of the law has not changed

III Recommended Course of Action

Included in the new amendments to La. Ch.C. Art. 603 is a method to avoid the liability attached to the reporting requirement. Art. 603(13)(b)(iii) states that a member of the clergy is not required to report confidential communications if the clergy member, "in the course of the discipline or practice of that church, denomination, or organization is authorized and accustomed to hearing confidential communication, and, under the discipline or tenets of that church, denomination, or organization, has a duty to keep such communication confidential."

While this protection may readily apply to religious leaders of particular mainline and historically established denominations, for example the Catholic confessional, some protestant, evangelical, or other non-denominational congregations may lack formal written policies and protocols as they relate to the confidentiality of communications. Second-hand communications (information obtained by a church member then relayed to a minister) also could be found to carry with it this mandatory reporting scenario. It may be advisable for these churches to amend their by-laws or other organizational policies accordingly to explicitly state who has a duty to confidentiality.

Further, Louisiana law now defines mandatory reporters as those who give "mental health care or social service diagnosis, assessment, counselling, or treatment." Many lay leaders and church members who are now termed by churches as giving "counselling" may be more appropriately titled as giving "spiritual guidance or advice," since they have not been specifically trained to perform actual "mental health counselling." The latter category of services is less formal, and carries a lesser degree or responsibility and potential liability for the church leader or layperson that provides the service or advice. It may be advisable for churches to clarify when appropriate that its leadership or staff provides "spiritual guidance/advice," rather than "counselling." The purpose of this is not to avoid a responsibility to report problems but rather to avoid liability should they fail to recognize signs of child abuse.

It is our hope that this brief memo has been helpful in explaining the new caveat in the law. Though we are seeking clarification from the Louisiana Attorney General as to whom this law applies within the church, it is advisable for churches to acknowledge this new law prior to problems arising.

Please note that this memo is general and informational in nature and should not be construed as legal advice for any particular individual or church. Recipients are encouraged to seek the advice of competent legal counsel for specific questions and issues related hereto.

Note: You may want to request a copy of " Religious Counselling: Safeguarding Against Potential Liability. " from the Christian Law Association at 727-399-8300.