Hearings on a proposed reform bill have been held by the Vermont Senate Judiciary Committee.
Vermont legislators are now considering a bill to remove clergy from the categories of people exempt from reporting child abuse and neglect.
The first of what might be several hearings on the subject was held on Wednesday before the Vermont Senate Judiciary Committee.
According to Vermont’s mandatory reporting law, as outlined by Legislative Counsel attorney Benjamin Novogroski, anybody with probable grounds to suspect child abuse or neglect is compelled to report their concerns to authorities. Clergy members must disclose suspected cases of abuse in certain circumstances; but, if the abuse is discovered in a private environment, such as the confessional, the need to report is waived.
Novogroski discovered that comparable regulations have been challenged elsewhere for fears they would abridge people’s freedom to practice their religion.
But, he noted that it was unclear “how that would play out in Vermont.”
Windham County’s Democrat senator Nader Hashim put it thus way: “I feel that the balancing test here is comparing the significance of reporting child abuse vs the value of protecting the person’s confidentially when they want to confess because they feel bad.”
Commissioner of the Vermont Department of Children and Families Family Services Division Aryka Radke has expressed her agency’s support for the proposal.
Her argument that “removing the clergy exemption would offer an additional avenue for reporting child abuse” is in line to protect children.
State Senator Richard Sears, who has worked tirelessly to end child abuse, wrote the legislation.
According to an article by the Associated Press from last year, which served as inspiration for Sears’s plan, There are laws in place in 33 states that require professionals like teachers, doctors, and therapists to report suspected cases of child sex abuse to authorities; Vermont is one of these states.
This loophole has permitted many people who have been violent to children to continue doing so even after they have confessed to religious authorities. Several religious organizations have used this exemption to avoid government penalties when wrongdoing has come to light.
According to a statement made by Sears in Vermont in December, there have been occasions where mandated reporters have failed to report abuse despite such mandates being in place. However, he hadn’t heard of any analogous cases involving ministers of religion.
At Montpelier, legislators listened to a judge, criminal lawyers, and a social worker, but no religious leaders.
Hashim then made it clear that no religion, in particular, was the focus of the project. As he attends events in the future, he wants to be able to hear from people of other religions.
Listening to “a religious professional who understands numerous religions and their teachings” would be enlightening, in his opinion.