Escape Now

MANDATED REPORTING BASICS

Section 4 of ANACRA reads as follows in regards to clergy as mandated reporters:

Any member of the clergy having reasonable cause to believe that a child known to that member of the clergy in his or her professional capacity may be an abused child . . . shall immediately report or cause a report to be made to the Department (ANACRA, Sec. 4, Illinois DCFS, 2005).

After making an immediate report to the DCFS, such persons may also notify whomever is in charge of the religious institution. It is important to note that when making a report to DCFS it should not be controlled, restrained, or modified. Make sure that the report is nothing but the truth.

Privileged Communication

Members of the clergy may claim privileged communication when functioning in his/her professional capacity or as a spiritual advisor in the course of performing the duties of the profession. This is provided for under Section 8-803 of the Code of Civil Procedure which reads as follows:

A clergyman or practitioner of any religious denomination accredited by the religious body to which he or she belongs, shall not be compelled to disclose in any court, or to any administrative board or agency, or to any public officer, a confession, admission, or communication made to him or her in his or her professional character or as a spiritual advisor in the course of the discipline enjoined by the rules or practices of such religious body or of the religion which he or she professes, nor be compelled to divulge any information which has been obtained by him or her in such professional character or as such spiritual advisor if:

  1. the confession, admission, or communication is intended to be confidential;
  2. the confidential confession, admission, or communication is made directly to a member of the clergy; and
  3. the confidential confession, admission, or communication is such that the clergyman is bound to maintain that confidentiality pursuant to a duty under the canon law, church doctrine, practice, discipline, tenet, custom or practice of his or her denomination. (Illinois General Assembly, SB1339)
Important Tip: When clergy are supporting and guiding an individual under privileged communication, they can encourage the individual to continue the discussion outside of the confessional or the spiritual advisory role so the clergy can then make a report for investigation and get assistance.

Additionally, clergy can refer individuals to others who can link them with help and assistance.