Alabama’s church leaders now required to report suspected child abuse cases

By Kima Jude

Alabama Baptist pastors, church staff and lay leaders are now required to report any suspected child abuse cases, according to Alabama Attorney General (AG) Bill Pryor.

In a law that took effect Sept. 1, church leaders — which includes anyone who has ample opportunity to interact with children — were added to the already existing list of professionals required to report child abuse.

Those already required to report child abuse cases include medical, school and law enforcement personnel.

Pryor said victims of child abuse or neglect have dropped from a reported 19,000 children six years ago to fewer than 10,000 three years ago.

Alabama is now one of 38 states that require church leaders to report abuse and neglect, Pryor reported. Recent revelations of widespread child sexual abuse within the Catholic Church have brought national attention to the problem of how church leaders deal with it.

Speaking during the AG’s symposium on reporting child abuse Aug. 28 in Montgomery, Pryor said, “Alabamians have long acknowledged that protecting children is a collaborative effort.”

But until now church leaders have not had specific legal guidance or accountability when it comes to child abuse, said Pryor, who emphasized that the protection of children cannot be “discretionary.”

If child abuse or neglect is suspected, church leaders are required to report it immediately to the proper authorities, Pryor said. This includes the Department of Human Resources or, if the situation warrants, law enforcement. The initial report should be followed by a written one with the name of the child, the child’s whereabouts, name and address of the child’s caretakers, extent of injuries, any pertinent history and the person alleged to be responsible for the abuse, Pryor said.

He added that the failure to comply with the law could result in a misdemeanor charge resulting up to a $500 fine or six months imprisonment.

“This law, however, is fair and respectful to religion,” Pryor said, noting that confidential communication as defined by state law is still privileged. Communication with ministers is considered privileged when the person expresses or implies that it should not be revealed. In that case, ministers have the privilege of refusing to disclose.

The law also includes an immunity provision designed to protect ministers or others who make a good faith report from liability, civil or criminal. Those who report suspected abuse also should feel free to express any doubts about the authenticity of the charges, according to Pryor, who said what the state seeks is honest, forthright communication.

“There’s no requirement here that you are to vouch for the authenticity of this,” he said. “You have at least a moral obligation, if not a legal obligation, to say, ‘I’m not sure about this.’”

While the law also mandates that records not producing convictions be destroyed, Pryor encouraged church leaders to keep detailed records of suspected abuses. “This amendment does not prevent you from remembering evidence you report,” he said.