SB 6298: Mandatory Reporting and the Clergy Penitent Privilege
Senate Bill 6298 (SB 6298) concerning the duty of the clergy to report child abuse or neglect, was heard in a House committee on Friday, February 16. It is scheduled for a vote on Tuesday, February 20. SB 6298 makes all clergy of any faith mandatory reporters of child abuse or neglect with the limited exception of information obtained in a penitential communication. The definition of penitential communication is narrowly designed to protect the Catholic Sacrament of Reconciliation. Opponents of the bill are seeking to eliminate the privilege entirely, leaving clergy without any protections when they refuse to break the seal of confession.
The WSCC is in support of most of this bill, which represents a compromise between the religious liberty rights of religions and the rights of survivors of abuse. Thus, the bill provides a strong exemption from reporting for any information obtained solely in the Sacrament of Confession. On the other hand, if a child is actively being abused, the bill adds a duty to warn authorities, even if the information comes “in part” from a penitential communication.
No priest has authority to violate Canon Law by breaking the Seal of Confession, even in part. Similarly, we know of no priest who would allow known child abuse to persist and a known perpetrator to continue to jeopardize their immortal soul after that person has reached out for help in the Sacrament of Confession.
We have taken a neutral position on the "in part" language because the broader exemption for penitential communications in the bill is critical to protect the Sacrament of Confession from state intrusion. The duty to warn is such an intrusion but can be avoided by following Safe Environment policies and pastoral care of a penitent confessing to ongoing sinfulness.
As noted, advocates are pushing for an amendment to this bill that would eliminate the exemption altogether, placing the priest in violation of the law in all circumstances where there is a confession of past or present abuse.