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Few stories in the media gain as much attention as those of abuse of a child, whether the abuse is physical or sexual. The recent flurry of stories of sexual abuse in major universities underscores this fact.
Interestingly, the head football coach and the president of a major university lost their jobs over allegations of child sexual abuse, even though they themselves clearly did not abuse anyone. The offense, in the eyes of the public, was the failure of persons in the university to report the abuse to the proper authorities.
All institutions, not just universities, can be subject to instances of child abuse. Churches in particular are very susceptible, primarily because churches have a number of children in the facilities and activities by the very nature of the church’s mission. Whether we are talking about a rural church with less than 100 members, or a megachurch with thousands of members, the same exposure exists.
It is absolutely essential that pastors and staff, as well as lay leadership, know and understand the laws regarding the reporting of child abuse, and also that the church have policies implemented to help guard against child abuse.
Fifty years ago there was seldom a media account of child abuse. Probably the primary reason was the failure of the child to “tell,” and the attitude in many American families that these matters were best dealt with privately and kept inside the family structure. But attitudes change. Today most states, including Texas, have laws requiring the report of child abuse to proper authorities. And with or without such statutes, public attitude dictates that child abuse should be brought into the open, the child given help and counseling, and the perpetrator dealt with by law enforcement.
Chapter 261 of the Texas Family Code contains Texas law regarding report of child abuse. A pastor might do well to keep a copy of that law in his study. There is one basic rule to follow: Nobody has the right to sit on a report of child abuse.
Every citizen, regardless of his or her position in life, has an absolute duty under the statutes to report child abuse to the proper authorities, whether witnessing the event or being given an account of the event. It is not enough to tell the parents. The report must be made to the proper agency, including the police, sheriff, or child protective services (CPS).
Failure to make a report to the proper authorities is a Class A misdemeanor in Texas, and a person violating the reporting statute could receive as much as a year in jail.
A pastor or staff member learning about child abuse might feel it sufficient to report the abuse to the child’s parents and let them deal with the situation. Not so.
While the parents should most certainly be told of the abuse, the pastor or staff member has a legal obligation to report it to the public authorities and cannot meet that obligation by simply telling the parents.
An investigation of the abuse should be left to the authorities. However, the church officials should inquire far enough into the facts to determine if a staff member was involved, or if a church member was involved, so that proper action can be taken within the church by church officials.
There are two sections of Chapter 261 that are important. First, nobody may claim that the information is privileged. Communications made to pastors (and to attorneys and doctors) in confidence are privileged under Texas law… but not as to communications of child abuse! Further, Texas law gives civil and criminal immunity to persons who make reports of child abuse to the proper authorities.
Every church should have rules in place to minimize the opportunity for abuse and to deal with child abuse that occurs in the church. The small church that has no rules can undoubtedly contact one of the larger churches for help in drafting rules, since most large churches already have such rules in place. In addition, the SBTC can undoubtedly be called upon for assistance. As an example, one rule often found is that at least two adults must be present when children are in a church activity, whether in Sunday School or on an outing.
There is a caveat for church officials. Do not try to counsel with the child or parents regarding the abuse, unless there is someone on staff who has intense training and experience in the area. CPS has trained employees who are skilled in handling such matters; and only trained and experienced counselors should function in this area. The responsibility of the pastor and staff is to report the abuse and remove any offender from a position in the church involving children, which may necessitate removing the offender from the church entirely.
One last matter: Make notes. Keep a written record of the events reported to you as pastor or to a staff member. Note the dates and times of all events, including when it was reported by you to the authorities and parents, and to whom it was reported. Under Texas law, an individual may be called upon to testify in court about the child’s outcry, i.e., what the child initially said to the pastor or staff member when it was first reported by the child. Notes that refresh one’s memory are extremely important. In addition, these notes will help protect the church and church officials if it is later claimed by anyone that the church simply sat on its hands and did nothing.
For additional information one can read Chapter 261 of the Family Code, as well as reading the article on child abuse by the Texas attorney general, found online at oag.state.tx.us/victims/childabuse.shtml.
—Don Metcalfe is a state judge, a member of the SBTC Executive Board and is a deacon at First Baptist Church of Dallas. He has been a judge for 28 years, the last 16 as a senior district judge, sitting by judicial assignment in courts throughout Texas.
