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Pastor Sarah Grace Ake ULCM

Pastoral Counseling & Abuse Victims: Confidentiality – Clergy A

  • So as we start this new series on mandated abuse reporting, we are going to discuss some very critical components of counseling abuse victims. First, for anyone you counsel you should have a confidentiality policy. There has been a large issue among some churches and pastors lacking confidentiality when counseling individuals, couples, and even victims who have disclosed abuse. While clergy is mandated reporters for child abuse, they are also offered some exemption for reporting abuse when it is disclosed during confession by the perpetrator. Honestly, I don’t like this exemption… just because someone confesses it and says three Hail Marys (or whatever they do to repent) doesn’t mean they’ll stop. Check your state laws about mandated reporting for child abuse.

    There is a FREE online training for mandated child abuse reporting in Georgia here: https://www.prosolutionstraining.com/store/product/?tProductVersion_id=1093.

    Here is a state by state list for mandated reporter training in the OTHER STATES: https://www.childwelfare.gov/organizations/?CWIGFunctionsaction=rols:main.dspList&rolType=Custom&RS_ID=162&rList=ROL

    But today we are talking about domestic violence. Reporting for domestic violence is a different situation altogether. It is more focused on confidentiality and safety, vs mandated reporting. CHECK YOUR STATE LAWS FOR DETAILS ON MANDATED REPORTING FOR DOMESTIC VIOLENCE.

    Step 1: Developing a Confidentiality Policy

    First things first, you shouldn’t counsel anyone without a confidentiality policy. Don’t ever waive confidentiality for an abuse victim. If someone feels like they cannot trust you as a counselor, then why would they come to you about abuse? I have had congregation members of other churches reach out to me because they do not feel safe reporting to their own pastors. To be bluntly honest, if you cannot maintain confidentiality you shouldn’t be counseling. Period.

    I personally experienced this issue in the church when I was going through my first divorce. But the purpose of this post is to inform and change this problem within the culture of the church. As pastors, we need to consider what kind of protection we are offering people who come to us to disclose abuse in their homes. Whatever you do DO NOT think an intervention is necessary and inform the other spouse or partner that their spouse or partner has disclosed abuse. This is negligent and could lead to not only legal consequences for you but dangerous consequences for the abuse victim.

    Confidentiality Agreement Template

    Develop this template to meet your needs, but remember that confidentiality, which is a guarding of your mouth, is vital. The purpose of a confidentiality agreement, which will be presented in the confidentiality agreement template is to enhance the therapeutic relationship. This is done by allowing the client to understand the boundaries of information that they may comfortably speak of in therapy.

    SOURCE: https://psychology-info.com/confidentiality-agreement-template

    This is a good template to start with but should be adapted for pastoral counseling, which may include exemptions for legal proceedings, etc. CHECK YOUR STATE LAWS about clergy being required to testify in court.

    Confidentiality

    All interactions which take place in the setting of therapy are considered confidential. This includes requests by telephone, all interactions with this counselor, any scheduling or appointment notes, all session content records, and any progress notes that I take during your sessions. I will not even verify that you are a client. You may choose to give me permission in writing to release any or specific information about you to any person or agency that you designate.

    Limits to this agreement

    1. In some legal proceedings, a judge may issue a court order. This would require this counselor to testify in court.
    2. If I learn of or believe that there is physical or sexual abuse or neglect of any person under 18 years of age, I must report this information to county child protection services.
    3. If I learn of or believe that an elderly person or disabled person is being abused or neglected, I must file a report with the appropriate state agency that handles elder abuse.
    4. If I learn of or believe that you are threatening serious harm to another person, I am obligated to report this. This can be in the form of telling the person you have threatened, contacting the police, or placing you into hospitalization.
    5. If there is evidence that you are a danger to yourself and I believe that you are likely to kill yourself unless protective measures are taken, I may be obligated to seek hospitalization for you or to contact family members or others who can help provide protection
    6. There may be times when I consult with outside sources about cases. In these cases, no personally identifiable information will be used to discuss this case. However, discussion topics will be used in order to ensure that I am getting and giving the best assistance possible. The persons with whom I discuss cases are legally bound to keep the information confidential.

    When to Report Domestic Violence

    It’s important to protect the SAFETY of our flock. If you believe that your congregation member is in imminent danger of physical abuse then consider reporting. But first, ensure the congregation member has a SAFE PLACE to stay for a while or have them remain in your office with you while you report. DO NOT under any circumstances send them home to the abuser and then report it. You could put them in more danger. If you do not feel qualified to handle a domestic abuse situation, then you should know in advance who the resources are to refer them to.

    If the abuse is emotional in nature, and there is NO DISCLOSURE of ANY physical abuse, be wary of simply reporting without ensuring the victim is SAFE and away from the abuser first. Emotional abuse can escalate quickly to physical even if it hasn’t yet. While emotional abuse is slowly being recognized more in the judicial system, there is still corruption and difficulty with proving emotional abuse in court.

    Again, look up any state laws regarding mandated reporting for clergy and domestic violence where you are located. This is GENERAL advice, as most clergy is exempt in most states from mandated reporting for domestic violence under confession, and due to the nature of safety in reporting, we should always proceed with caution. Unfortunately, the legal system is overwhelmed with crimes that domestic disputes or domestic violence reports fall to the wayside.

    https://windhavenministry.org/pastoral-counseling-abuse-victims-confidentiality-clergy-are-mandated-abuse-reporters-part-1/

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