Ukrainian Catholic Eparchy of Saint Josaphat in Parma: Safe Environment Training and Background Clearance Requirements

INTRODUCTION

The safety of children and vulnerable adults is of paramount importance to the clergy, employees, and volunteers of the Ukrainian Catholic Eparchy of St. Josaphat in Parma. To that end, the Safe Environment Training & Background Clearance Requirements (hereinafter “Requirements”), which accompany this Introduction, have been developed.

In reviewing and utilizing the Requirements, it is important to place them in context. While developing these Requirements it became obvious that the regulations and statutes of the various States do not directly address the context in which most contact with children and vulnerable adults occurs within the Eparchy. The regulations and statutes address residential childcare, day care, and schools. In an abundance of caution, the Eparchy has chosen to develop the Requirements using the most rigorous of the various State regulations and statutes applicable to interactions with children and vulnerable adults.

The links or citations that are provided in the Requirements will lead to the most applicable regulations or statutes. Those links or citations may lead to other related links or statutes. These Requirements will be reviewed periodically and updated as required by changes to regulations and statutes.

ALABAMA

Requirements

FLORIDA

Requirements

GEORGIA

Requirements

KENTUCKY

Requirements

MISSISSIPPI

Requirements

NORTH CAROLINA

Requirements

OHIO

Requirements

PENNSYLVANIA

Requirements

SOUTH CAROLINA

Requirements

TENNESSEE

Requirements

WEST VIRGINIA

Requirements

Appendix 1

Resources and Statutory Citations

Alabama

Roman Catholic Diocese

Roman Catholic Archdiocese of Mobile

400 Government St,

Mobile, AL 36602

Office for the Protection of Minors

https://mobarch.org/childprotection

Statutory Citations

Alabama Code > Title 38 > Chapter 13 – Criminal Background Checks On Persons Responsible for Children, Elderly, and Disabled https://www.lawserver.com/law/state/alabama/al-code/alabama_code_title_38_chapter_13

https://dhr.alabama.gov/child-protective-services/central-registry-clearance/

https://www.aps.gemalto.com/al/dhr/aldhr_landing.htm

Florida

Roman Catholic Dioceses

Roman Catholic Archdiocese of Miami

9401 Biscayne Blvd

Miami Shores, FL 33138

Protecting God’s Children (General Policy)

https://www.miamiarch.org/CatholicDiocese.php?op=PGC_Genral_Policy

(specific policies and procedures for fingerprinting and clearances are accessible through this general policy page)

Roman Catholic Diocese of St. Augustine (Jacksonville, FL)

11625 Old St Augustine Rd

Jacksonville, FL 32258

Safe Environment Office

https://safe.dosafl.com/

(specific policies, procedures, and training requirements are all accessible from this page)

Statutory Citations

Title XXIX F. S. Ch393.0655 (Public Health, Developmental Disabilities)

Title XXIX F.S. Ch 435.03 (Public Health, Level 1 Screening of Certain Employees)

Many other citations to screening of providers in different settings all are consistent in requiring screening through Florida Department of Law Enforcement

Title XXIX F.S. 402.302 et seq (Public Health; Health and Human Services) (This site is comprehensive and provides definitions, explanations and exceptions.) http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0402/Sections/0402.302.html

https://www.fdle.state.fl.us/Criminal-History-Records/Obtaining-Criminal-History-Information.aspx

Georgia

Roman Catholic Diocese

Roman Catholic Archdiocese of Atlanta

2401 Lake Park Dr SE

Smyrna, GA 30080

Safe Environment/Office of Child and Youth Protection

https://archatl.com/ministries-services/safe-environment/

(policies and procedures; philosophy)

Statutory Citations

Georgia Department of Early Care and Learning (DECAL) https://www.decal.ga.gov/CCS/CriminalRecordsCheck.aspx

(comprehensive site provides detailed instructions for multiple different scenarios and provides links to other relevant sites)

Kentucky

Roman Catholic Diocese

Roman Catholic Archdiocese of Louisville

3940 Poplar Level Rd

Louisville, KY 40213

Safe Environment Program

https://www.archlou.org/about-the-archdiocese/archdiocesan-policies-guidelines-and- handbooks/

Statutory Citations

Kentucky Applicant Registry and Employment System

906 Cabinet for Health and Family Services CH 1:190

https://chfs.ky.gov/agencies/os/oig/Pages/kares.aspx

(provides information about processes for background checks and locations for fingerprinting)

Mississippi

Roman Catholic Diocese

Roman Catholic Diocese of Jackson

237 E Amite St

Jackson, MS 39201

Office for the Protection of Children and Young People

https://jacksondiocese.org/offices/child-protection/

Statutory Citations

Mississippi Department of Public Safety

https://www.dps.ms.gov/investigation/criminal-information-center

Mississippi Department of Health

https://msdh.ms.gov/msdhsite/_static/30,0,206.html

https://msdh.ms.gov/msdhsite/_static/30,0,206,62.html

(forms for fingerprinting and background checks)

North Carolina

Roman Catholic Dioceses

Roman Catholic Diocese of Charlotte

1123 South Church Street

Charlotte, North Carolina 28203

Safe Environment

https://charlottediocese.org/human-resources/safe-environment/

Roman Catholic Diocese of Raleigh

7200 Stonehenge Drive

Raleigh, North Carolina 27613

Protecting God’s Children

https://dioceseofraleigh.org/child-and-youth-protection/child-and-youth-protection

Statutory Citations

North Carolina DHHS: Division of Child Development and Early Education

https://ncchildcare.ncdhhs.gov/Services/Child-Care-Rules-Law-and-Public- Information

NCDHHS Criminal Background Check

https://ncchildcarecbc.nc.gov/

Ohio

Roman Catholic Dioceses

Roman Catholic Diocese of Youngstown

144 West Wood Street

Youngstown, OH 44503

https://doy.org/

(This website is presently under renovation information is not easily accessible using Facebook or other social media)

Roman Catholic Diocese of Cleveland

1404 E 9th St,

Cleveland, OH 44114

Parish Life/Child Protection

https://www.dioceseofcleveland.org/offices/parish-life/child-protection

Roman Catholic Archdiocese of Cincinnati

100 East Eighth Street

Cincinnati, OH 45202

Safe Environment

https://catholicaoc.org/offices/safe-environment

Statutory Citations

Ohio.gov/background checks

https://ohio.gov/business/resources/background-checks

Background Check Process

https://jfs.ohio.gov/cdc/Background_Check_Process.stm

Instructions for processing background checks for child care

https://jfs.ohio.gov/cdc/docs/BackgroundCheckInstructions2017.stm

Pennsylvania

Roman Catholic Dioceses

Roman Catholic Diocese of Pittsburgh

2900 Noblestown Road

Pittsburgh, PA 15205

Protection of Children, Youth, and Vulnerable Adults

https://diopitt.org/protect

Roman Catholic Diocese of Greensburg

723 E Pittsburgh St

Greensburg, PA 15601

Youth Protection

https://www.dioceseofgreensburg.org/youth-protection/Pages/Protecting-Gods- Children.aspx

Diocesan Clearances and Training

https://www.dioceseofgreensburg.org/youth-protection/Pages/childservices.aspx

Roman Catholic Diocese of Erie

429 E Grandview Blvd

Erie, PA 16504

Protection of Children and Youth

https://www.eriercd.org/childprotection/SafeEnvironmentForms-.html

Statutory Citations

Department of Human Services, Keep Kids Safe

https://www.dhs.pa.gov/KeepKidsSafe/Clearances/Pages/default.aspx

Child Abuse History Clearance

https://www.dhs.pa.gov/KeepKidsSafe/Clearances/Pages/PA-Child-Abuse-History- Clearance.aspx

Pennsylvania State Police Criminal History Clearance

https://www.dhs.pa.gov/KeepKidsSafe/Clearances/Pages/Criminal-Background- Check.aspx

FBI Clearance

https://www.dhs.pa.gov/KeepKidsSafe/Clearances/Pages/FBI-Fingerprinting.aspx

South Carolina

Roman Catholic Dioceses

Roman Catholic Diocese of Charleston

901 Orange Grove Road

Charleston, SC 29407

Office of Child and Youth Protection

https://charlestondiocese.org/child-and-youth-protection/

Statutory Citations

South Carolina Code of Laws Childcare Facilities (background checks)

https://www.scstatehouse.gov/code/t63c013.php

Background check process

https://catch.sled.sc.gov/

Fingerprinting

www.identoGO.com

Tennessee

Roman Catholic Dioceses

Roman Catholic Diocese of Nashville

2800 McGavock Pike

Entrance #4

Nashville, TN 37214

Child and Youth Protection

https://dioceseofnashville.com/safe-environment/

Roman Catholic Diocese of Memphis

5825 Shelby Oaks Dr

Memphis, TN 38134

Diocese of Memphis Victims Assistance

https://cdom.org/wp-content/uploads/2019/04/BackgroundInvestigationProgram.pdf

(within this section of the website are multiple subsections addressing policies, background procedures, and reporting abuse)

Statutory Citations

Background Checks for childcare (includes background check and fingerprinting)

https://www.tn.gov/humanservices/for-families/child-care-services/background-checks- for-child-care- employees.html#:~:text=All%20individuals%20working%20in%20licensed,Bureau%20 of%20Investigation%20(TBI).&text=Each%20applicant%20must%20retain%20proof,a ttached%20to%20the%20Disclosure%20Form.

West Virginia

Roman Catholic Diocese

Roman Catholic Diocese of Wheeling-Charlestown

1311 Byron St.

Wheeling, WV 26003

Office of Safe Environment

https://dwc.org/diocese/offices/office-of-safe-environment/why-safe-environment/

Statutory Citations

Background checks for childcare workers

https://dhhr.wv.gov/bcf/Providers/Pages/CIB.aspx

West Virginia Background Check Guide

https://dhhr.wv.gov/bcf/Providers/Documents/Background%20check%20Guide.pdf

Fingerprinting

www.identoGO.com

Appendix 2

Required Reporter Definitions and Statutory References

General Reference providing additional guidance for all States: (worthwhile to read as it provides some insight into clergy as mandated reporters)

http://centerforchildwelfare.org/kb/cultcomp/clergy%20mandated%20reporters.pdf

Alabama

Who are mandatory reporters? According to Alabama Law, any person who knows or has reasonable cause to believe or suspect that a child has been abused or neglected or who observes any child being subjected to conditions or circumstances that would reasonably result in abuse shall be required to report orally, either by telephone or direct communication immediately, followed by a written report, to DHR, law enforcement, or the District Attorney. Mandatory reporters are: · Employees of hospitals/clinics/sanitariums · Doctors/physicians/surgeons · Medical examiners/coroners · Dentists · Osteopaths · Optometrists, chiropractors, podiatrists, physical therapists, nurses · Public and private K-12 employees · School teachers and officials · Peace officers/law enforcement officials, pharmacists · Social Workers and mental health professionals · Child care workers or employees · Employees of public and private institutions of postsecondary and higher education

Clergy: A member of the clergy shall not be required to report information gained solely in a confidential communication privileged pursuant to Rule 505 of the Alabama Rules of Evidence which communication shall continue to be privileged as provided by law. Alabama Ala. Code § 26-14-3(a), (f) (LexisNexis through 2007 Reg. Sess.)

Members of the clergy as defined in Rule 505 of the Alabama Rules of Evidence… when the child is known or suspected to be a victim of child abuse or neglect, shall be required to report, or cause a report to be made of the same, orally, either by telephone or direct communication immediately, followed by a written report, to a duly constituted authority. A member of the clergy shall not be required to report information gained solely in a confidential communication privileged pursuant to Rule 505 of the Alabama Rules of Evidence, as such communications shall continue to be privileged as provided by law.

Alabama Code 26-14-3— Mandatory Reporting in Alabama

Link to brochure providing definitions and ways to report: https://ctf.alabama.gov/wp-content/uploads/2017/10/Mandatory-Reporting-Brochure-ver-5.pdf

Florida

Florida law requires that ANY person in Florida who knows or has reasonable cause to suspect that a child is being abused, neglected, or abandoned by a parent, legal custodian, caregiver or other person responsible for the child’s welfare MUST immediately report that knowledge or suspicion to the Florida Abuse Hotline of the Department of Children and Families. The penalty for failing to report is a felony of the third degree. There are also financial penalties for failing to report known or suspected child abuse or neglect.

If you know or suspect that a child under the age of 18 is being abused or neglected, or is at risk of being abused or neglected, you are required to report that to the Florida Abuse Hotline.

Remember, it is not your job to know whether abuse has occurred or not, IT IS YOUR JOB report your concern.

Whether or not clergy are mandated reporters in Florida is not crystal clear. The statute refers to “any person”. While clergy are not identified as such in the enumeration of professionals who are required to report, it does refer to practitioners providing spiritual counseling, arguably this could include clergy. Florida Annotated Statutes section 39.204 makes reference to exceptions from required reporting and makes reference to the privilege afforded to clergy by Florida Annotated Statutes section 90.505

Florida Fla. Stat. Ann. § 39.204 (LexisNexis through 2007 Reg. Sess.) The privileged quality of communications between husband and wife and between any professional person and his or her patient or client, or any other privileged communications except that between attorney and client or the privilege provided by § 90.505 [providing for the confidentiality of communications made to a clergy member for the purpose of spiritual counsel], as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse, abandonment or neglect, and shall not constitute grounds for failure to report as required by the reporting laws regardless of the source of information requiring the report, failure to cooperate with law enforcement or the department in its activities pursuant to this chapter, or failure to give evidence in any judicial proceeding relating to child abuse, abandonment, or neglect. Fla. Stat. Ann. § 39.201(1) (LexisNexis through 2007 Reg. Sess.) Any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care, shall report such knowledge or suspicion to the department.

Link to brochure providing definitions and other guidance: https://www.myflfamilies.com/service-programs/abuse-hotline/publications/mandatedreporters.pdf

Georgia

The following link is to the Department of Child Protective Services in the State of Georgia. This link includes a lengthy listing of professional who are identified as mandatory reporters. Clergy are included on the list. Further research reveals that communication received in confession is not required to be reported but information gained in other circumstances must be reported. (Georgia Division of Family and Children Services, Child Welfare Policy Manual, Practice Guidance Section #17)

https://cps.dhs.ga.gov/Main/Default.aspx

A member of the clergy shall not be required to report child abuse reported solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice. When a clergy member receives information about child abuse from any other source, the clergy member shall comply with the reporting requirements of this code section, even though the clergy member may have also received a report of child abuse from the confession of the perpetrator. https://law.justia.com/codes/georgia/2019/title-19/chapter-7/article-1/section-19-7-5%20of%20children.

Kentucky

Ky. Rev. Stat. Ann. § 620.030(1) (LexisNexis through 2007 Reg. Sess.) Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made. This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandated.cfm. 9 Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws www.childwelfare.gov Ky. Rev. Stat. Ann. § 620.050(3) (LexisNexis through 2007 Reg. Sess.) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be ground for refusing to report, or for excluding evidence regarding a dependent, neglected or abused child thereof, in any judicial proceedings resulting from a report. This subsection shall also apply in any criminal proceeding in District or Circuit Co

Mississippi

Mississippi Miss. Code Ann. § 43-21-353(1) (LexisNexis through 2007 Sess.) Any…minister…having reasonable cause to suspect that a child is a neglected child or an abused child shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of Human Services…urt regarding a dependent, neglected, or abused child.

North Carolina

North Carolina N.C. Gen. Stat. § 7B-310 (LexisNexis through 2006 Reg. Sess.) No privilege shall be grounds for any person or institution failing to report that a juvenile may have been abused, neglected, or dependent, even if the knowledge or suspicion is acquired in an official professional capacity, except when the knowledge is gained by an attorney from that attorney’s client during representation only in the abuse, neglect, or dependency case. No privilege, except the attorney-client privilege, shall be grounds for excluding evidence of abuse, neglect, or dependency in any judicial proceeding (civil, criminal, or juvenile) in which a juvenile’s abuse, neglect, or dependency is in issue nor in any judicial proceeding resulting from a report submitted under this Article, both as the privilege relates to the competency of the witness and to the exclusion of confidential communications. N.C. Gen. Stat. § 7B-301 (LexisNexis through 2006 Reg. Sess.) Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, or has died as the result of maltreatment, shall report the case of that juvenile to the director of the Department of Social Services in the county where the juvenile resides or is found.

Ohio

Ohio Rev. Code § 2151.421(A)(4)(a) (LexisNexis through 7/19/07) No cleric and no person, other than a volunteer, designated by and acting on behalf of any church, religious society, or faith…who knows or has reasonable cause to believe…that a child under age 18 or a mentally retarded, developmentally disabled, or physically impaired child under age 21 has suffered or faces a threat of suffering… abuse or neglect [that he or she] knows, or has reasonable cause to believe… that another cleric or another person, other than a volunteer, designated by and acting on behalf of a church, religious society, or faith…caused, or poses the threat of causing,… shall fail to immediately report that knowledge or reasonable cause to believe to the entity or persons specified in this division. Except as provided in § 5120.173, the person making the report shall make it to the public children services agency or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred. In the circumstances described in § 5120,173, the person making the report shall make it to the entity specified in that section. Ohio Rev. Code § 2151.421(A)(4)(b)-(d) (LexisNexis through 7/19/07) A cleric is not required to make a report concerning any communication the cleric receives from a penitent in a cleric-penitent relationship, if, in accordance with § 2317.02(C), the cleric could not testify with respect to that communication in a civil or criminal proceeding. The penitent in a cleric-penitent relationship is deemed to have waived any testimonial privilege under § 2317.02(C) with respect to any communication the cleric receives from the penitent in that cleric-penitent relationship, and the cleric shall make a report with respect to that communication, if all of the following apply: • The penitent, at the time of the communication, is either a child under age 18 or a mentally retarded, developmentally disabled, or physically impaired person under age 21. • The cleric knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, as a result of the communication or any observations made during that communication, the penitent has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the penitent. • The abuse or neglect does not arise out of the penitent’s attempt to have an abortion performed upon a child under age 18 or upon a mentally retarded, developmentally disabled, or physically impaired person under age 21 without the notification of her parents, guardian, or custodian. The above sections do not apply in a cleric-penitent relationship when the disclosure of any communication the cleric receives from the penitent is in violation of the sacred trust.

Pennsylvania

Pennsylvania 23 Pa. Cons. Stat. Ann. § 6311(a), (b) (LexisNexis through 2007 Reg. Sess.) Except with respect to confidential communications made to an ordained member of the clergy, which are protected under law relating to confidential communications to clergymen, the privileged communication between any professional person required to report and the patient or client of that person shall not apply to situations involving child abuse [or neglect] and shall not constitute grounds for failure to report as required by this chapter. Enumeration of persons required to report [includes]: members of the clergy.

South Carolina

South Carolina S.C. Code Ann. § 20-7-550 (LexisNexis through 2006 Sess.) The privileged quality of communication between husband and wife and any professional person and his or her patient or client, except that between attorney and client or clergy member, including Christian Science Practitioner or religious healer, and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, a clergy member, including Christian Science Practitioner or religious healer, must report in accordance with this subarticle, except when information is received from the alleged perpetrator of the abuse and neglect during a communication that is protected by the clergy and penitent privilege as defined in § 19-11-90. S.C. Code Ann. § 20-7-510(A) (LexisNexis through 2006 Sess.) Persons required to report include members of the clergy, including Christian Science Practitioners or religious healers.

Tennessee

Tenn. Code Ann. § 37-1-403(a) (LexisNexis through 2007 Tenn. Act 305) Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse, or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse, or neglect. Tenn. Code § 37-1-605(a) (LexisNexis through 2006 Sess.) Any person…who knows or has reasonable cause to suspect that a child has been sexually abused shall report such knowledge or suspicion to the department.

West Virginia

West Virginia W. Va. Code Ann. § 49-6A-7 (LexisNexis through 2007 Reg. & 1st Ex. Sess. The privileged quality of communications between husband and wife and between any professional person and his or her patient or client, except that between attorney and client, is hereby abrogated in situations involving suspected or known child abuse or neglect. W. Va. Code Ann. § 49-6A-2 (LexisNexis through 2007 Reg. & 1st Ex. Sess.) When any…member of the clergy…has reasonable cause to suspect that a child is neglected or abused or observes the child being subjected to conditions that are likely to result in abuse or neglect, such person shall immediately, and not more than 48 hours after suspecting this abuse, report the circumstances or cause a report to be made to the Department of Health and Human Resources.

Appendix 3

Contact Information for Child Protective Services

Alabama

Alabama

https://dhr.alabama.gov/child-protective-services/child-abuse-neglect-reporting/

Click on the website above for information on reporting or call Childhelp (800-422-4453) for assistance.

Florida

Florida

Toll-Free: (800) 96-ABUSE (800-962-2873)

https://www.myflfamilies.com/service-programs/abuse-hotline/(opens in new window)

Online Reporting http://www.myflfamilies.com/service-programs/abuse-hotline (opens in new window)

Georgia