Understanding the Criminal Justice System
Indiana law requires “an individual who has reason to believe that a child is a victim of child abuse or neglect” to report that belief to appropriate authorities. That law doesn’t exempt anybody – even clergy – from its reporting requirement, and someone who “knowingly fails” to make a report of suspected child abuse or neglect can be convicted of a Class B misdemeanor. The law suggests that clergy members who “have reason to believe” that a child has been abused or neglected are required to report that belief.
On the other hand, there is a separate Indiana law that creates a privilege for clergy, but only under certain circumstances. A member of the clergy is not “required to testify” concerning certain communications, namely confessions made to the clergy member by a church member when the clergy member was providing the church member with spiritual guidance, was administering confession to the church member, or was imposing some religious-based disciplinary action against the church member.
This means that the clergy member may not be required to testify in court about statements made by a church member to the clergy member under certain specific conditions. It doesn’t, however, provide a broad exception to the mandatory reporting requirement where the clergy member learns or believes that a child may be suffering from abuse or neglect, even if they learn this in a privileged setting such as confession or when providing spiritual guidance to a member of their church. In addition, making a report of suspected child abuse to the Indiana Child Abuse and Neglect Hotline is not the same as testifying in court – particularly because reports can be made anonymously.
Being accused of child abuse or neglect can be a devastating experience. The investigations that result are extremely intrusive, and even when they result in a finding that no abuse or neglect has taken place, the experience is stressful and can leave the accused person fearful about a repeat occurrence. In fact, almost 86% of child mistreatment reports made in Indiana are not substantiated.
That’s why you need the help of an experienced attorney from Razumich & Associates if you learn that anyone – whether clergy or not – has reported you for suspected child abuse or neglect. You have rights in this situation, and at Razumich & Associates we can be by your side to assert those rights on your behalf and to protect you at every stage of the investigation process.
Call us today at 317-983-5333 or use our contact form to schedule a free consultation with one of our experienced defense attorneys to learn more about how Razumich & Associates can protect your rights during this difficult experience.
