HELENA — A legislative committee heard testimony Tuesday on a bill that would change the requirements for when clergy must report information about suspected child abuse or neglect – but the bill’s sponsor says she wants to make changes, to respond to some of the concerns the public has raised.
Montana law lays out a list of “mandatory reporters”: professionals and officials who are required to inform authorities if they have reason to think a child is being abused or neglected. They include law enforcement, doctors and nurses, teachers, social workers, and others. Members of the clergy are also on the list, but there are some exceptions – and Senate Bill 139 could limit those exceptions.
“This bill is about protecting children and preventing further incidents of child sex abuse – incidents that we've all heard about far too many times,” said Sen. Mary Ann Dunwell, D-Helena, who sponsored the bill.
Currently, the law says clergy aren’t required to make a report if they learned about abuse or neglect through a statement someone made to them in their religious capacity, or through a communication “required to be confidential by canon law, church doctrine, or established church practice.”
SB 139, as originally written, would remove those exemptions entirely. But the bill drew concern, particularly from Catholics who said it would violate their deeply held beliefs about the sanctity of confession – that a priest who hears a confession has a duty not to report what is said.
Dunwell said she worked with the Montana Catholic Conference and with the bishops of Helena and Great Falls-Billings on an amendment, which would restore the exemption for communications required to be confidential by canon law or church doctrine, but not established church practice. She said the revised bill would protect confessions, but that it would clarify there is a duty to report when information on abuse comes from other organized church activities.
“Freedom of religion is about a child's freedom to practice religion free from threat of harm, abuse and a lifetime of mental and emotional anguish,” she said.
Matt Brower, executive director of the Montana Catholic Conference, said during the hearing that he would support the bill with the amendment added. He said it would bring the law in line with how the two Montana dioceses are already operating.
“With the very narrow exception of disclosures made within the Sacrament of Penance, our Catholic clergy are mandatory reporters in every other instance,” he said. “Therefore, this amended bill will mirror the policy approach taken by the Catholic Church in our state. We hope that this bill serves as an opportunity to highlight the obligation we all have to advocate for the safety of each child that is entrusted to our care.”
There were still some opponents, who said the proposed change didn’t resolve all their concerns about the impact on churches. Derek Oestreicher, chief legal counsel for the Montana Family Foundation, said the bill could have a chilling effect – making people afraid to come to their religious leaders for help.
“If everyone that could possibly help someone becomes a mandatory reporter, and there is no place to turn to to get help without winding up in jail, then in the end, they will turn to no one and continue harming children and themselves,” he said.
The committee will have to vote on whether to add Dunwell’s proposed amendment, when they take action on the bill later on.
