2008 Safe Church Schedule

Please register with Martha Hughes (mhughes@episcopalmaine.org or 772-1953) at least 7 days prior to the program date. Please indicate your name, telephone number, the church you attend, and which program you plan to attend.

Saturday, August 23    9:00am-2:00pm, Christ Church, Biddeford
                                       (Note: participants should bring their lunch)
                                        Downloadable registration form
 

 
Saturday, October 11   9:00am-2pm, St. Nicholas, Scarborough
                                        (Note: participants should bring their lunch)

 

Saturday, Nov.  1         9:00am-2:00pm, Christ Church, Gardiner
                                        (Note: participants should bring their lunch)
                                        Downloadable registration form

Saturday, Nov. 15        8:30am-12:30pm, St. John's, Bangor                                                                    Downloadable registration form

Policy and Guidelines

Diocese of Maine Policy and Procedures

concerning allegations and incidents of sexual misconduct

established November 12, 1994
as amended through May 3, 2002

I. INTRODUCTION

In the Baptismal Covenant all baptized persons vow to accept Jesus Christ as Savior and, among other things, to respect the dignity of every human being. In more concrete terms, the Church must strive to be a safe, secure place where caregivers, teachers and leaders, paid or volunteer, ordained or lay, minister appropriately to the manifold needs and concerns in the world about us.

In recent years it has become increasingly clear that some clergy, lay employees and church volunteers have engaged in inappropriate sexual behavior which has hurt the very persons entrusted to their care. Unfortunately, in the past, instances of such behavior were sometimes denied by church authorities or dealt with secretly. Such responses fail to implement the standards of justice and Christian love that God requires of the Church.

The primary intent of these Policies is to prevent occurrences of Sexual Misconduct and to insure that, where allegations of Sexual Misconduct are made, the response will be just and compassionate, and so may allow God's grace to work redemptively.

All persons involved in incidents of Sexual Misconduct are in need of healing. The role of overseer of the Diocese may prevent the Bishop from personally providing pastoral care to all parties in situations where there have been allegations of Sexual Misconduct. The Bishop will, however, make provision for pastoral care for all persons involved, within the limits of Diocesan Resources. These policies are intended to establish clear standards concerning Sexual Misconduct and, where allegations of Sexual Misconduct have been made, to establish procedures which afford a full and fair hearing to persons making allegations, alleged Victims (if not the person making the allegation) and to Respondents. Consistent with principles of fairness, persons accused of Sexual Misconduct shall be presumed to be innocent until the occurrence of misconduct has been established.

Important Definitions

For the purposes of these Policies, the following terms, when capitalized, shall have the following meanings:

Sexual Misconduct

Sexual abuse or sexual molestation of any person, including but not limited to, any sexual involvement or sexual contact with a person who is a minor or who is legally incompetent. [Please note the following:] The State of Maine has statutes establishing criminal penalties and reporting requirements concerning sexual abuse. It is Diocesan policy to make reports immediately in accord with those reporting provisions in state law, except in regard to disclosures given under the seal of the confessional. It shall also be Diocesan policy to cooperate fully with law enforcement officials in investigating allegations of sexual abuse that are within the scope of such statutes.
Sexual harassment in a situation where there is an employment, mentor or colleague relationship between the persons involved, including but not limited to, sexually-oriented humor or language; questions or comments about sexual behavior or preference unrelated to employment qualifications; undesired physical contact; inappropriate comments about clothing or physical appearance; or repeated requests for social engagements.

Sexual exploitation, including but not limited to the development of, or the attempt to develop, a sexual or romantic relationship between a cleric, employee or volunteer and a person with whom he/she has a Pastoral Relationship, whether or not there is apparent consent from the individual.

Pastoral Relationship is a relationship between a cleric, employee or volunteer and any person to whom such cleric, employee or volunteer provides counseling, pastoral care, spiritual direction or spiritual guidance or from whom such cleric, employee or volunteer has received a confession or confidential or privileged information.

Advocate is a person assigned by the Ecclesiastical Authority to support and assist a Complainant or an alleged Victim

Allegations are accusations of Sexual Misconduct, not anonymous, believed by the person receiving them to be reasonably credible.

Complainant is a person making an allegation.

Consultant is a person appointed as such pursuant to Canon IV.14.8

Respondent is a person alleged to have engaged in Sexual Misconduct.

Response Team consists of persons appointed as such by the Bishop to provide pastoral care.

Victim is an individual who has been or is alleged to be the object of acts of Sexual Misconduct by the Respondent.

II. POLICIES CONCERNING SEXUAL MISCONDUCT, PROTECTION OF CHILDREN, EXTENDED COUNSELING RELATIONSHIPS AND SPIRITUAL DIRECTION

A. Sexual Misconduct Prohibited. The Diocese of Maine strictly prohibits Sexual Misconduct by any ordained person, aspirant, postulant or seminarian sponsored by or working in this Diocese, and by any lay employee or volunteer working in any capacity for the Diocese of Maine, any Diocesan-related institution or any parish, mission or institution in the Diocese of Maine.

B. Protection of Children. The Diocese of Maine strictly prohibits interaction with children and youth by anyone with a civil or criminal record of child sexual abuse or who has admitted prior sexual abuse or anyone known to have a paraphiliac diagnosis (e.g., pedophilia, exhibitionism, voyeurism) as defined by the American Psychiatric Association.

C. Abuse Reporting. All incidents of sexual abuse shall be reported to the relevant law enforcement authorities in accordance with provisions of state law relating to reports of such abuse, except in regard to disclosures given under the seal of the confessional. A summary of the abuse reporting requirements of Maine law appears in Appendix C to these Policies.

D. Personnel Procedures. Prior to ordination, employment or acceptance into the Diocese (either through initial licensing or acceptance of a letter dimissory), thorough background checks shall be made of all clergy, volunteers who regularly supervise youth activities (excluding unpaid Sunday School teachers), and employees. Among other things, such background checks shall seek to determine current or past Sexual Misconduct charges, criminal records or paraphiliac behavior.

Background checks shall include, at a minimum, inquiries of all bishops having past or present canonical authority over the individual, all schools attended by the individual during the past fifteen years and all employers of the individual during the past fifteen years. If the individual has had one employer for over fifteen years, then inquiries will be made of the two most recent employers.

In the case of persons a) whose term of employment is expected to last no more than two weeks, or b) whose employment must commence before the background check can reasonably be completed, a modified background check may be made prior to commencement of employment consisting of such inquiries as may reasonably be accomplished within the time available. Any such employment shall be probational, conditioned at least upon completion of the full background check.

Written records documenting compliance with these Policies shall be made contemporaneously and retained indefinitely.

A practical guide to personnel screening is included in Appendix D. A sample screening questionnaire form and a sample confidential reference form found in Appendix E and Appendix F, respectively.

(Sample copies of Appendix E and Appendix F have been sent to each church office. For more information, please contact your church office -- click here for a listing of Maine Episcopal Churches -- or the Executive Assistant to the Bishop, Vicki Wiederkehr.)

E. Pastoral Counseling. The Diocese of Maine requires that clergy and other pastoral care providers have ongoing professional supervision or refer an individual to professional counseling after six sessions with respect to a specific need. A session is a scheduled private conference, and does not include chance meetings, pastoral visits or emergency situations. The restriction to six sessions does not apply to spiritual direction or spiritual guidance where the purpose is primarily to deepen the spiritual life of one of the participants, rather than to provide care, healing or consolation for a problem. Fees or donations for pastoral care are prohibited; any person charging fees for counseling outside the scope of church employment must possess appropriate professional credentials and proof of separate professional liability insurance, including coverage for Sexual Misconduct, in force at all times.

III. DIOCESAN TRAINING REQUIREMENTS ON ISSUES OF ADULT SEXUAL MISCONDUCT AND CHILD ABUSE

The Diocese of Maine requires training of approximately four hours on issues of child abuse in church settings for all clergy, volunteers who regularly supervise youth activities (excluding unpaid Sunday School teachers) and employees. Participation in such training shall also be offered to unpaid Sunday School teachers on an optional basis. Training topics shall include, at a minimum: a clinical review of child molestation, typical seduction patterns of extra-familial child molesters, youth protection safeguards, and state child abuse statutes and reporting requirements.

The Diocese of Maine also requires training of approximately four hours on issues of sexual harassment in employment, mentor and colleague relationships and sexual exploitation in pastoral relationships for all clergy and employees. Participation in such training shall also be offered on an optional basis to volunteers who regularly supervise youth activities (including unpaid Sunday School teachers).

Each local Parish, Mission and Institution shall ensure participation in these training sessions by the appropriate individuals within that Parish, Mission, or Institution. Participants in the training session must sign forms provided at the sessions indicating their attendance at those sessions. The Diocesan representative at each training session shall forward those attendance forms to the appropriate Parish, Mission or Institution for indefinite maintenance in the appropriate files.

The Diocese of Maine shall regularly offer the required training sessions at convenient locations within the Diocese, and shall notify each Parish, Mission or Institution of the schedule for such sessions.

All clergy, all lay employees, and all volunteers who regularly supervise youth activities, including unpaid Sunday School teachers, shall be furnished with a copy of these Policies and shall complete and sign a certificate evidencing the receipt of these Policies. A sample form of receipt is provided as Appendix B. The Bishop of Maine shall have the discretion to review and possibly exempt the training requirements contained in this policy for social workers, mental health workers, teachers, medical workers, foster parents, day care workers, scout leaders and the like if the individual has submitted for review evidence of their training.

IV. DIOCESAN PROCEDURES FOR RESPONDING TO ALLEGATIONS OF SEXUAL MISCONDUCT

A. When an Allegation is Received

All allegations involving Sexual Misconduct by any cleric, lay employee or
volunteer affiliated with the Diocese of Maine, or any Parish, Mission or Institution affiliated with the Diocese of Maine shall be immediately referred to the Bishop of Maine.

Until a Charge is made, or Title IV is otherwise invoked, response shall be in accordance with this policy. When Title IV is applicable, it shall control and this policy shall be considered supplemental to Title IV.

Title IV is considered to be applicable upon the happening of any one of the following events:
Communication to the Respondent of a Charge
Service of a Temporary Inhibition
Submission of Renunciation under Canon IV.8
Execution of Waiver and Voluntary Submission to Discipline under Canon IV.2

4. The Bishop may take into account the pastoral needs of the various parties affected, including the Victim, the Respondent, the Complainant, witnesses, families of the foregoing, the congregation, the clergy generally, and the whole Church in responding to allegations.

--At all times prior to the decision on issuing a presentment, the matter shall be Confidential, except as may be determined pastorally appropriate by the Bishop. The Bishop may find it necessary to go to the parish, other clergy, or other persons with information that is prudent and pastoral prior to the initiation of a Title IV proceeding.

--No person may question or request a statement from a Respondent without first advising that person of the nature of the accusation and that no statement need be made regarding the offense, and that any statement so made may be used against the Respondent in an Ecclesiastical trial.

5. Upon receiving allegations of Sexual Misconduct the Bishop or the Bishop's designee will personally assure the person making the allegations of the Church's concern and that the allegations will be promptly and thoroughly investigated. At the earliest opportunity, the Bishop or the Bishop's designee will ask the person making the allegations to sign a written statement which includes the name, address, and telephone number of that person. The written statement shall also include the date, location, time and a description of the alleged Sexual Misconduct as well as the name and title of the Respondent and the name, addresses and telephone numbers of any witnesses if known.(*1) If no written statement is made, the Bishop may decide to follow any or all of the procedures outlined in these Policies, as seems appropriate.

(*1) If the compaintant alleges sexual misconduct by the Bishop, the Standing Committee will perform the functions assigned to the Bishop by this policy.

6. If the allegations are of sexual abuse of a minor or an incapacitated adult, or any other form of sexual abuse that falls within the reporting provisions of Maine law and this policy, the Bishop immediately will notify the specified authorities as required. The Bishop and any other church officials or employees with knowledge of the alleged abuse will cooperate fully with the governmental authorities.

7. The Bishop, within two working days of receiving the written statement described in section 5 above, will assign the matter to an Investigator for investigation, and to a Response Team for the pastoral care of the persons affected. The Bishop's office will immediately notify the Complainant, the alleged Victim (if not the Complainant) and the Respondent, that the matter has been assigned to an Investigator for investigation. Simultaneously, the Bishop also will make available to the Complainant, the alleged Victim (if not the complainant) and to the Respondent pastoral care resources. The Bishop will personally assure the Complainant, the alleged Victim (if not the Complainant) and the Respondent of the Church's concern regarding the allegations and of the investigation and response that the allegations will receive. The Bishop will also immediately direct that the Respondent have no further contact with the Complainant or engage in advocacy efforts in the community until the investigation has been completed.

8. In the case of allegations against a member of the clergy, the Bishop shall make a determination of the degree to which the clergy member should continue to fulfill his or her professional responsibilities during the course of the investigation. The Bishop shall make this determination in accordance with the appropriate church canons, and the Bishop's judgment as to the best interests of all persons affected, and may draw upon the advice of such persons, as the Bishop deems appropriate.

In the case of allegations against lay employees and volunteers, the Bishop will make a recommendation to the leaders of the Parish, Mission or Institution in which the individual is involved regarding the degree to which the individual should continue with his or her current work for the church during the course of the investigation. The leaders of the Parish, Mission, or Institution shall then make a determination, taking into consideration the nature of the allegations, the interests of the congregation, and the degree to which the investigation may hinder the individual's ability to carry on his or her work during the investigation.

9. Upon receipt of the allegations, the Bishop will also take the following actions:

a. The Bishop will appoint members of the laity and clergy to serve on a Response Team, whose responsibility is to attend to the pastoral needs of the persons affected. In appointing members of the Response Team, efforts will be made to include men and women, clergy and lay, with a variety of experience and expertise. At the Bishop's discretion Response Team members may be drawn from outside the Diocese.

b. The Bishop may appoint members of the laity and clergy to serve as Advocates to Complainants and alleged Victims (if not the Complainant). A Consultant will be made available to the Respondent. Advocates will receive training similar to that received by persons serving on Response Teams. Advocates and Consultants are intended to be available to assist Complainants, alleged Victims and Respondents, as the case may be, with procedural matters arising after allegations have been made. It is not intended that Advocates or Consultants serve as legal advisors or pastors.

10. The Investigator(s) will begin investigating the allegations as soon as possible but in no event later than five working days following assignment of the matter by the Bishop.

11. The Investigator(s) will attempt to interview the Complainant, the alleged Victim (if other than the Complainant), the Respondent, and other witnesses. A person of their choosing may accompany both the alleged Victim and the Respondent at the interview. Such meetings shall comply fully with any applicable church canons regarding interviews that could lead to discipline, such as cautioning that statements need not be made, and can be used in a future trial. The Investigator(s) may consult with parish wardens of the congregation and, where appropriate in the case of allegations of Sexual Misconduct by a cleric, staff members from present or previous places of ministry. The Investigator(s) will at all times strive to ensure the privacy of the alleged Victim and the Complainant (if other than the alleged Victim).

12. Any witness or party to an alleged act of Sexual Misconduct may submit a statement in writing if desired.

13. The Investigator(s) will make at least a preliminary written report and recommendations to the Bishop within fourteen (14) days of the date that the matter was assigned by the Bishop. The Investigator(s) will move as swiftly as possible towards completion of a final report and recommendations to the Bishop. The final report will include the original written statement of the Complainant and all written statements submitted by other persons.

14. Upon receipt of the Investigator's recommendation, the Bishop may meet with the Complainant, the alleged Victim (if other than the complaining witness) or the Respondent. The Bishop will not at any time following the making of the allegations hear the sacramental confession of any of these persons. Discussions during this meeting shall fully comply with applicable church canons regarding interviews that could lead to disciplinary action.

15. After reviewing the Investigator's recommendation and, if desired, meeting with the Complainant, the alleged Victim, the Respondent or the Investigator, and with the assistance of such other persons as the Bishop deems appropriate, the Bishop will make a determination as to whether the allegations of Sexual Misconduct have been substantiated.

B. When a Determination is Made

When the Bishop has made a determination, the Bishop will promptly inform the Complainant, the alleged Victim (if other than the complaining witness), and the Respondent.

1. Unsubstantiated Allegations
If the Bishop determines that the allegations are unsubstantiated a written report to that effect will be placed in the case file. If the Respondent is a cleric canonically resident in the Diocese of Maine, a copy will also be placed in the cleric's diocesan personnel file; if the Respondent is a cleric not canonically resident in the Diocese of Maine the Bishop will transmit a copy to the bishop of the diocese in which the cleric is canonically resident. The Bishop will meet with the Complainant to discuss the determination and may also meet with the Respondent to discuss any steps that may be necessary to make known the determination.

2. Substantiated Allegations
a. If a Charge (as defined in Title IV) is made, or if the Bishop determines that there is sufficient reason to believe that an offense has been committed and that the interests and good order and discipline of the Church require investigation, the matter shall be referred to the Standing Committee for further proceedings under Title IV.

b. In making determinations regarding the appropriate response, the Bishop may arrange for an evaluation of the clergy member by a person professionally qualified and experienced in the evaluation of Sexual Misconduct. The Bishop may require the Respondent to undergo the evaluation. Upon receipt of the appropriate releases, the results of the evaluation will be available to the Bishop to assist in determining the appropriate response to the allegation. The results of the evaluation shall also be made available to the clergy member. The Diocese will pay for the evaluation.

c. The Bishop may issue a Temporary Inhibition without prior warning if a Charge is filed or if the allegations would constitute grounds for a Charge and, in the opinion of the Bishop, are supported by sufficient facts. The Temporary Inhibition shall be issued in accordance with Title IV. The Bishop may dissolve or modify the terms of the Inhibition at any time.

d. This policy is not intended to restrict the authority of the Bishop to issue Pastoral Directives or Godly Admonitions at any time.

3. Lay Employees and Volunteers
In the case of substantiated allegations against a lay employee or volunteer, the Bishop shall make a recommendation to the Leaders of the Parish, Mission, or Institution regarding an appropriate response toward that individual. That recommendation shall comply with any applicable church disciplinary canons. Upon receipt of the Bishop's recommendation, the Leaders of the Parish, Mission, or Institution shall make a determination regarding the appropriate disciplinary response toward the individual. In the case of lay employees, the response may include dismissal. In the case of volunteers, the response may include the removal of any church responsibilities from the individual and/or the restriction on the individual from participation in specified church activities. The Leaders shall notify the Bishop of their determination. The Bishop's recommendation and the determination of the Leaders shall be maintained on file in the offices of the Bishop and of the Parish, Mission, or Institution for a reasonable period of time.

4.Additional Steps
In the case of substantiated allegations against clergy members, lay employees or volunteers, the Bishop shall also take the following steps:

a. The Bishop or the Bishop's designee will meet with the Victim to express the Church's deep regret and to discuss appropriate responses by the Church to assist in the Victim's healing. The Victim may be accompanied by persons of the Victim's choosing at such a meeting. The Bishop or the Bishop's designee shall determine whether therapeutic or other assistance should be offered to the Victim.

b. The Bishop or the Bishop's designee may meet, if appropriate, with the Victim's spouse and/or family to discuss how the Church may assist them.

c. The Bishop or the Bishop's designee will meet with the Respondent. The Respondent may be accompanied by another person if the Respondent desires. The Bishop or the Bishop's designee will discuss with the Respondent the actions the Bishop intends to take. If appropriate, the Bishop may refer the Respondent for therapy by persons professionally qualified in treatment of Sexual Misconduct.

d. The Bishop will notify the appropriate persons in leadership positions at the affected congregations, church-affiliated employers or Dioceses following a determination that allegations of Sexual Misconduct have been substantiated.

e. The Bishop or the Bishop's designee may meet, if appropriate, with the Respondent's spouse and/or family to discuss how the Church may assist them.

f. Whenever allegations of Sexual Misconduct in a current position are substantiated, the Bishop may consider acting immediately to remove the Respondent from all current positions of Church responsibility. When the substantiated allegation relates to a previous context of ministry, the Bishop may take action to remove the Respondent from current positions.

g. In order for the Respondent to be eligible for continued service in the Diocese of Maine, or in any Parish, Mission, or Institution of the Diocese of Maine, the Bishop must receive an acceptable professional rehabilitation assessment by a professional who is, in the opinion of the Bishop, qualified in such matters.

h. In most cases, significant involvement in personal psychotherapy and employment outside the Church will be required before any re-deployment in the Church will be considered. Satisfactory public acknowledgement of the misconduct, including exoneration of and restitution to the Victim, may be required in order for the Respondent to be eligible for continued service or re-deployment.

i. Unless there are specific factors, which make it inappropriate, the Bishop normally will recommend, consistent with the policies described in Section V below, an open congregational meeting to begin the process of healing in the congregation. The Bishop or the Bishop's representative will attend such a meeting.

5. Request for Reconsideration
The Complainant, the alleged Victim (if not the complainant) and the Respondent each may request, within five days of learning of the determination of the Bishop that the allegations have or have not been substantiated, that the Bishop reconsider that determination. The party requesting reconsideration shall specify with particularity the basis on which the request for reconsideration is requested.

C. Confidentiality

The Bishop, the Investigator, Response Team members, and all other representatives of the Diocese will make every reasonable effort to protect the privacy of all persons involved except as may be necessary to carry out their responsibilities under this policy or Title IV.

D. Relationship between this manual and Church Canons

In the event of any apparent conflict between this policy and the national or Diocesan Canons, those Canons shall control, and shall be used to interpret any ambiguities found within this policy.

V. DIOCESAN POLICY FOR RESPONDING IN THE CONGREGATION TO ALLEGATIONS AND INCIDENTS OF SEXUAL MISCONDUCT

The following procedures are intended to facilitate the healing that will be needed in the congregation. The principle guiding these procedures is that the healing of a congregation occurs best when people are informed of the facts of misconduct and are able to move forward as a community from the trauma.

A. Information to Congregation

When allegations of Sexual Misconduct are received by the Bishop, and are to be assigned to an Investigator for investigation, the Bishop or the Bishop's representative may inform the appropriate persons in positions of congregation leadership (the "Leaders") that an allegation has been made. The Bishop may provide such additional information as seems appropriate, balancing the importance of informing the congregation's Leaders against the need for confidentiality for Victim, complainant and Respondent.

B. Reporting to Civil Authorities

If the allegations allege sexual abuse of a minor or an incapacitated adult or other circumstances that fall within the provisions of Maine law regarding reporting to civil authorities, the Bishop will inform the Leaders of the allegations and of the notification which has been given to the relevant law enforcement authorities. The Bishop will direct the Leaders to cooperate fully with the law enforcement authorities.

C. Information as to Determination

When the Bishop has made a determination as to whether the allegations of Sexual Misconduct have been substantiated and informed the complainant, alleged Victim (if other than the complaining witness) and Respondent, the Bishop will then inform the Leaders of the congregation.

D. Unsubstantiated Allegations

If the Bishop determines that previously disclosed allegations are unsubstantiated, the Bishop or the Bishop's representative will discuss with the Leaders what steps may be necessary to make that determination known in the congregation and what additional steps, if any, should be undertaken to encourage healing within the congregation.

Appendices:

A -- Sample Form of Resolution Adopting Policies and Procedures

B -- Sample Form of Receipt of Policies and Procedures

C -- Summary of Child Abuse Reporting Requirements in Local Jurisdictions

D -- Information Concerning Personnel Screening

Please note: Copies of Appendices E, F, G, H have been sent to each church office in the Diocese of Maine. Please contact your local church office --click here for a list -- or contact Vicki Wiederkehr, the Executive Assistant to the Bishop, for more information.

E -- Sample Ordained Ministry Screening Questionnaire

F -- Sample Ordained Ministry Reference Form

G -- Sample Lay Person & Volunteer Screening Questionnaire

H -- Sample Lay Person & Volunteer Reporting Form

APPENDIX A

Sample Form of Resolution Adopting Diocesan Sexual Misconduct Policies

RESOLVED that the Vestry of________________ hereby adopts the Diocese of Maine Policies and Procedures Concerning allegations and Incidents of Sexual Misconduct, attached hereto, as the policies and procedures of this [Parish] [other entity].

APPENDIX B

Sample Form of Receipt

I hereby acknowledge that I have received a copy of the Policies and Procedures Concerning allegations and Incidents of Sexual Misconduct of the Diocese of Maine and that I understand the content of these Policies and Procedures.

Signature_____________________________________

Print Name____________________________________

Date_________________________________________

APPENDIX C

Summary of Abuse Reporting Requirements

The Adult Protective Services Act (22 M.R.S.A. ch. 958-A) requires certain specified professionals(*2) to report to the Department of Human Services any suspected abuse of an adult whom the professional suspects to be incapacitated. Abuse means the infliction of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm or pain or mental anguish; sexual abuse or exploitation; or willful deprivation of essential needs. An incapacitated adult is a person 18 years or older(*3) who is impaired(*4). Any other person may make such a report. Any person who makes a report in good faith is immune from civil liability.

The Family Services and Protection Act (22 M.R.S.A. ch. 1071) provides for similar reports in the case of suspected child abuse or neglect. The list of professionals required to report is slightly different.(*5) Other persons may make reports, and persons acting in good faith are protected from civil liability arising out of making the report. "Abuse or neglect" means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these, by a person responsible for the child. Reports are to be made to the Department of Human Services.

(*2) As defined , "an allopathic or osteopathic physician, medical intern, medical examiner, physician's assistant, dentist, chiropractor, podiatrist, registered or licensed practical nurse, certified nursing assistant, Christian Science practitioner, social worker, psychologist, pharmacist, physical therapist, speech therapist, occupational therapist, mental health professional, law enforcement official, coroner, emergency room personnel, ambulance attendant or emergency medical technician."

(*3) An emancipated minor is also considered an adult.

(*4) As defined, "any adult who is impaired by reason of mental illness, mental deficiency, physical illness or disability to the extent that that individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning that individual's person, or to the extent the adult cannot effectively manage or apply that individual's estate to necessary ends."

(*5) An adult who is "a medical or osteopathic physician, resident, intern, emergency medical services person, medical examiner, physician's assistant, dentist, dental hygienist, dental assistant, chiropracter, podiatrist, registered or licensed practical nurse, teacher, guidance counselor, school official, social worker, court appointed special advocate or guardian ad litem for the child, homemaker, home health aide, medical or social service worker, psychologist, child care personnel, mental health professional, law enforcement official, state fire inspector, municipal code enforcement official, municipal fire inspector or a chair of a professional licensing board that has jurisdiction over mandated reporters."

APPENDIX D

Information Concerning Personnel Screening

The Episcopal Church in the Diocese of Maine seeks to maintain a safe, secure and loving place where care givers, teachers and leaders, both paid and volunteer, minister appropriately to the needs of all persons. Among other efforts to preserve and maintain such an environment, it is appropriate that careful personnel screening procedures be conducted with respect to (i) all clergy, (ii) all Church employees and (iii) volunteers who regularly supervise youth activities (excluding unpaid Sunday School teachers). It is important to note that background checks are conducted not because the Church presumes any person to be unsuitable to engage in ministry; we conduct background checks to carry out our obligation to make affirmative efforts to maintain a safe environment within the Church.

There are certain routine aspects of any diligent personnel screening procedures, including the consistent use of applications prior to a person's engagement in ministry within the Church, consideration of the information contained in the completed application, careful and thoughtful inquiries of former employers and other persons, and such related follow up inquiries as may be suggested on the basis of information acquired through this process.

To assure the Church's ability to demonstrate that it has taken all reasonable action to assure that ministry is conducted by appropriate persons, complete records must be made of all activities constituting background checks and such records should be maintained indefinitely.

BASIC PROCEDURES FOR PERSONNEL SCREENING

Application Form. Normally, the first step in screening of personnel is obtaining a completed, signed screening questionnaire. A sample of such a form for ordained ministry is included in Appendix E to these policies. A form such as this assures that necessary information is obtained efficiently in written form. It is desirable to have a completed form prior to the personal interview, so that any incomplete or questionable responses can be explored at that time.

Personal Interview. The personal interview provides an opportunity to explore any respects in which information in an application is incomplete or to pursue any responses that raise issues of any kind. Written notes should be made evidencing questions asked and responses provided in the course of the interview.

Reference Checks. Following the personal interview and receipt of a completed questionnaire, contact should be made of all bishops having past or present canonical authority over the individual (where the individual is an ordained person), all schools attended by the individual during the past fifteen years, and all employers of the individual during the past fifteen years. If the individual has had only one employer for over fifteen years, inquiries must be made of the two most recent employers. In addition, contact should be made with two personal references.

Reference checks for ordained ministry may be made in writing, through the use of a form similar to that included in Appendix F, or through personal telephone contact with the persons in question. Where contacts are made in person or by telephone, the questions included in Appendix F should be asked of each reference contacted. A detailed written record, indicating questions asked and responses given, should be made with respect to each reference inquiry made in person or by telephone.

Reference checks for lay persons and volunteers should be made following the same procedures as set forth above for ordained ministry, using forms similar to those included in Appendices G and H.

Public Records Checks. A routine inquiry of public records also must be carried out with respect to all persons covered by mandatory personnel screening requirements.

NOTE: Diocese is exploring various professional entities which would be available to conduct such records checks for a reasonable charge and will make information on such entities available.

Other Follow Up. The procedures described above constitute basic information gathering. It is vitally important that all information gathered be evaluated with care to ensure that the information is complete. Equally important, the information should be evaluated carefully to determine whether the responses suggest that further inquiry is warranted.

MAINTENANCE OF RECORDS

Information collected during this process should be treated in strict confidence and maintained securely to protect the privacy of the applicant and persons furnishing background information or references. Records evidencing background investigations should be maintained indefinitely.