Case Management Training The structure for the day will follow the flowchart provided to each of you to help you understand the case management process as a whole
Case Management Training Teresa Devlin- 10:25- 10:45 Bishop John Fleming- 10:45- 11:15 Teresa Devlin- 12:00- 12:30 Father Brendan Coffey- 13:30- 14:00
Case Management Training Key times: – Coffee Break at 11:15 while completing group work – Lunch 12:30 – Finish at 16:00
Case Management Training Understanding Terminology Niall Moore
Case Management Training Preliminary Investigation the initial inquiry by which a diocesan bishop or ordinary determines whether an alleged delict such as sexual abuse of a minor has a semblance of truth. Once that low threshold is met, the case should be referred to the Congregation for the Doctrine of the Faith where the next stage in the process is determined.
Case Management Training Semblance of Truth Evidence which at face value corroborates the accusation
Case Management Training Votum an authoritative opinion; in forwarding a case to the Congregation for the Doctrine of the Faith a bishop or religious superior offers his (or her) authoritative opinion on the matter addressed in the particular case.
Case Management Training Case Management Plan a formal, written supervision program for a cleric who has been determined to have sexually abused a minor.
Case Management Training Decree A singular decree is an administrative act issued by a Bishop or Provincial in which a decision is given or a provision is made under a case according to the norms of law.
Case Management Training Precept A singular precept is a decree which directly and legitimately enjoins a specific person or persons to do or omit something, especially in order to urge the observance of law
Case Management Training The Process of Investigation and Inquiries Teresa Devlin
Information concerning risk to a child or young person emerges DIOCESAN / CONGREGATIONAL DESIGNATED PERSSON BISHOP / CONGREGATIONAL LEADER/NBSCCC CIVIL AUTHORITIES Gardai, HSE, PSNI, HSCE Emergency Option Step 1: Reporting Procedures
All allegations/concerns about the abuse of a child MUST be reported to the Statutory Authorities Information shared must be given to the designated person for his/her action Designated Person will inform receiver of information that the allegation has been passed to the Statutory Authorities Step 2: Reporting Arrangements
Step 2: Role of the Civil Authorities An Garda/PSNI To investigate To establish if a crime has been committed HSE/HSC To assess risk to children To put in place protection arrangements for children
Informed respondent that an allegation has been received Elicit Response Advise of right to access civil and canon law advice Appoint Adviser Step 2: Role of Bishop/Provincial
Appoint Support Person Appoint Adviser Set up Advisory Panel Step 2: Responsibility of the Church
To liaise with support person, to keep complainant informed To liaise with advisor, to keep respondent informed Co-ordinate Church activities Record all information in case file Step 2: Role of Designated Person
Step 2: Precept and Leave from Ministry Semblance of Truth to allegation Criminal Inquiry
Step 2:Preliminary Investigation Information received about a concern Semblance of Truth? Respondent informed Right to reply, and access to legal advice Referral to Statutory Authorities Church process halted pending outcome of Statutory Investigations
Case Management Training What are a decrees, Initial Risk Assessments and Precepts Bishop John Fleming
Case Management Training From the information you have in front of you as a group you need to : 1.Establish a time line of events 2.Write a precept 3.Advise Bishop/Provincial what to do next
Case Management Training Process of Investigations; Civil and Church Teresa Devlin
Following completion of statutory investigation, Church Inquiry can be initiated See Standards & Guidance pp. 87–88 Step 6: Preliminary Inquiry Restarted
Canon Law confers all necessary powers to take measures in promoting and ensuring the safety and welfare of children who receive pastoral care from Church personnel Step 6: Preliminary Inquiry Restarted
Ordinary appoints a canon lawyer/social worker to conduct Preliminary Inquiry this will take into account: Information from complainant Response of respondent Corroborating evidence Historical information Step 7: Inquiry Conducted
Step 8: Inquiry Complete Report on findings to Ordinary Advisory Panel Consulted Concluded and CDF informed in one of three ways
CDF have a number of options open to them: Penal Process Restrictions Laicisation Restore Good Name Step 9: CDF Informed
How we drew up the plan It needs to be place specific It needs to be person specific It needs to consider risk It needs to be realistic It needs to be compliant with best practice It needs to be very clear
Who we consulted Our own delegates for Child Protection The NBSCCC The HSE Child Care Manager The Gardaí (if they are involved in the case)
What went into our plan Preamble: the monastic community will meet the needs of the brother in question including providing a place for him to live and the brother in turn will abide by the terms of the plan and the Child Protection Policies and Procedures of the Abbey.
The monk may not enter the school buildings or any part of the grounds used by the school The monk may not receive phone calls from minors The monk will follow the monastic regime The monk is free to move about the monastic enclosure and private parts of the grounds He will arrange any visitors in advance with superiors He must be accompanied if he leaves the monastery
He will not attempt to contact any person who has made a complaint against him He will not ask a third party to contact any person who has made a complaint against him He will not visit the retreat centre The abbot reserves the right to examine his computer at any time He may wear the habit in the monastery but not when he goes out (If a priest) He may celebrate Mass in the private oratory
He may attend community Mass in the church but not concelebrate The contract is reviewed every year The abbot reserves the right to verify any medical appointments
Sanctions The abbot’s council – The Seniorate – decides if the agreed plan has been adhered to or not Sanctions include: Removal of privileges around visits Removal of right of residency For a serious breach a process of expulsion from the order
Yearly Review The seniorate review the plan annually The monk is invited to make a submission and even suggest changes to the plan
Our recent review Several changes were requested The seniorate considered the requests These were sent to NCMRG in Maynooth NCMRG met and considered the requests Written advice was forwarded to Glenstal The proposed changes were notified to the Gardaí & HSE for their approval Revised management plan
Revised plan – three changes The monk may leave the monastery unaccompanied when returning the same day He may attend monastic community functions in the school buildings He may visit guests of his resident in the Retreat Centre if no minors are in residence