Utah may move the needle in allowing clergy to report ongoing child abuse

Breaking the seal of confession because of secular laws to report suspected child abuse has been unpopular for years in the Utah Legislature. That may change this legislative session.

The way forward could be giving churches an option, not a mandate.

HB432, titled Child Abuse and Neglect Reporting Amendments, sponsored by Rep. Anthony Loubet, R-Kearns, does that while providing protections to those who are able to report child abuse and neglect but fear doing so without protections against civil and criminal liability.

The bill is scheduled for a House Judiciary Committee hearing on Thursday at 8 a.m.

If approved, the bill would allow clergy members to “report ongoing abuse or neglect even if the perpetrator made a confession,” a practice that some faiths are starting to allow, but others strictly forbid. The bill specifies that clergy members should have reasons to believe that the abuse is ongoing at the time of the confession before reporting it.

“This bill would allow those that are already practicing it to receive protections and then it would create an incentive for other faiths to adopt these practices,” Loubet said. “And for those faiths that maybe (reporting) is contrary to their doctrines, they can continue doing what they’ve been doing.”

Requiring clergy to report suspected abuse has been a sore subject for religious groups such as The Church of Jesus Christ of Latter-day Saints and the Catholic Church, in which clergy members are committed to never disclose anything they learn during confession. That confidentiality promise allows churchgoers to take a path of repentance and forgiveness, some faiths argue.

This is a concern that Loubet said constituents shared with him last year. And though it may not impact churches that opt to keep their doctrines as they are, he sees it as “moving the needle” and taking action in the status quo, as it provides an incentive for those who want to report the abuse, but worry about invasion of privacy lawsuits.

House Minority Leader Angela Romero, D-Salt Lake City, who unsuccessfully sponsored more strict versions of the bill in past years, helped Loubet in his effort to make the change, he said. And that effort may be fruitful, as some local churches said they wouldn’t oppose the bill as it’s currently written.

In late January, The Church of Jesus Christ of Latter-day Saints told FOX 13 that it wouldn’t oppose the bill. Representatives from the church did not respond to Utah News Dispatch to confirm their position on the bill.

While the Catholic Diocese of Salt Lake City doesn’t expect to oppose the bill, it remains concerned about the possibility of a change that would require Catholic priests to report abuse, even if they learn it during the sacrament of confession, the church said in a statement.

“If this requirement were to become law, Catholic priests would face the untenable choice of breaking the law or being excommunicated, because breaking the Seal of Confession means automatic excommunication for a Catholic priest,” the statement reads. “This would seem to be a blatant violation of the First Amendment.”

However, outside of that sacramental seal, all priests and church employees are required to report child abuse within 24 hours, in line with Utah statutes and the church’s policies.

The ultimate goal, Loubet said, is to open the door for law enforcement to conduct investigations and start providing help to those children.

Clergy members aren’t allowed to testify as witnesses under state and federal law without the consent of both the confessant and the clergy member. But, law enforcement officers who have spoken with Loubet about his bill said that reporting ongoing abuse gives them an opportunity to launch investigations.

Rep. Brian King, D-Salt Lake City, is running a similar but broader bill. HB101, titled Clergy Child Abuse Reporting Requirements, would allow a member of the clergy to report suspected child abuse or neglect that is ongoing or that occurred in the past.

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