| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 3/6/2003 4:32:00 PM Home School Legal Defense Association Nevada--Oppose Mandatory Child Abuse Reporting for Pastors |
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---------------------------------------------------------------------- From the HSLDA E-lert Service... ---------------------------------------------------------------------- March 6, 2003 Dear HSLDA Members and Friends, The recent sex abuse scandals in the Catholic Church have provoked a legislative reaction across America. State after state has filed legislation that would force pastors and priests to report evidence of child abuse. There are some states where a legislative change is needed, because pastors are not permitted to report abuse due to state law, even if they believe God requires them to report it. In our experience with child abuse situations, we believe parents need to be able to talk privately to their own pastors about the problems they have at home without fearing an immediate investigation by social services. At the same time, we believe that pastors must be free to do what God commands them to do, even if it means reporting child abuse to the authorities. Senate Bill 223 would change Nevada law to force pastors to report all evidence of abuse or neglect, even if they only learn of the problem in a counseling session with a parent. This bill would cut parents off from the one source of free, vitally needed help that is available. Because of this, we urge homeschoolers to oppose Senate Bill 223. ACTION REQUESTED 1. If you belong to a church, please contact your own pastor to inform him of this bill. 2. Please immediately contact the members of the Senate Judiciary Committee and urge them to oppose Senate Bill 223. Judiciary Committee members: Mark Amodei (Chair), mamodei@sen.state.nv.us Maurice Washington (Vice Chair), mwashington@sen.state.nv.us Mike McGinness, mmcginness@sen.state.nv.us Dennis Nolan, dnolan@sen.state.nv.us Dina Titus, dtitus@sen.state.nv.us Valerie Wiener, vwiener@sen.state.nv.us Terry Care, tcare@sen.state.nv.us BACKGROUND American law recognizes certain legal "privileges" that keep a person from being forced to testify in a court case. The best known is the attorney-client privilege, which prohibits an attorney from disclosing the confidences of a client. Attorneys who reveal the secrets of their clients can and should be disbarred. At common law, there were a number of other privileges, including the husband-wife privilege, the doctor-patient privilege, the priest-penitent privilege, and so forth. When America adopted the Child Abuse Prevention and Treatment Act (CAPTA) in 1973, a new system of mandatory child abuse reporting was instated that began to erode these privileges. The doctor-patient privilege was abolished when child abuse was at issue. The husband-wife privilege no longer applies when a child has been abused. Until now, the priest-penitent privilege has remained, but the sex abuse scandals that have rocked the Roman Catholic Church are changing that. Massachusetts, where the sex abuse scandals have been worst, had a law prohibiting priests from disclosing any confidential communications. Thus, when a priest confessed his criminal activities to his superiors in the church, they were prohibited by law from reporting him to authorities. Massachusetts has changed that law to permit, but not require, the reporting of such abuse. Unfortunately, too many states have reacted to this scandal by going to the opposite extreme. Instead of prohibiting any disclosure of child sexual abuse, legislators are demanding that pastors report any suspicions of abuse. This has very serious consequences, since it makes it dangerous for parents to go to a pastor when they are struggling with the challenges of child rearing. Child abuse is a sin, and parents desperately need wise and godly pastors who can help them repent and do better. A law that turns every pastor into a mandatory child abuse reporter cuts parents from the help they most need. Home School Legal Defense Association believes that pastors should be free to help parents in need without necessarily reporting them to the authorities. Yet Pastors must also be free to deal biblically with abusers who refuse to repent. By working together, homeschoolers and other citizens can make the child abuse laws work better for everyone. Very truly yours, Scott W. 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