| Overture
04-14. On Adding New Sections G-6.0204b, G-6.0304b, and
G 6.0402b Regarding Reporting Requirements of Child Abuse, in
Response to the General Assembly Independent Committee of Inquiry—From
the Presbytery of Grace.
The Presbytery of Grace overtures the 216th General Assembly
(2004) of the Presbyterian Church (U.S.A.) to direct the Stated
Clerk to send the following proposed amendments to the presbyteries
for their affirmative or negative votes:
1. Shall G-6.0204 be amended as follows: [Text to be deleted
is shown with a strike-through; text to be added or inserted
is shown as italic.]
“a. In the exercise of pastoral care, ministers
of the Word and Sacrament shall maintain a relationship of
trust and confidentiality, and shall hold in confidence all
information revealed to them in the course of providing such
care and all information relating to the exercise of such
care. When the person whose confidences are at issue gives
express consent to reveal confidential information, then a
minister of Word and Sacrament may, but cannot be compelled
to, reveal confidential information. A minister of the Word
and Sacrament may shall reveal confidential
information when she or he reasonably believes that there
is risk of imminent bodily harm to any person.
“b. Not withstanding the intent and language of
G-6.0204a, if a minister of the Word and Sacrament should
receive knowledge of child physical or sexual abuse, she or
he shall report this information to both ecclesiastical and
civil authorities, regardless of the current civil law requirement.”
2. Shall G-6.0304 be amended as follows: [Text to be deleted
is shown with a strike-through; text to be added or inserted
is shown as italic.]
“a. It is the duty of elders, individually
and jointly, to strengthen and nurture the faith and life
of the congregation committed to their charge. [The rest of
the paragraph remains unchanged.]
“b. If, in service to the church, an elder should
receive knowledge of child physical or sexual abuse, she or
he shall report this information to both ecclesiastical and
civil authorities, regardless of the current civil law requirement.”
3. Shall G-6.0402 be amended as follows: [Text to be deleted
is shown with a strike-through; text to be added or inserted
is shown as italic.]
“a. It is the duty of deacons, first of all,
to minister to those who are in need, to the sick, to the
friendless, and to any who may be in distress both within
and beyond the community of faith. [The rest of the paragraph
remains unchanged.]
“b. If, in service to the church, a deacon should
receive knowledge of child physical or sexual abuse, she or
he shall report this information to both ecclesiastical and
civil authorities, regardless of the current civil law requirement.”
Rationale
This request for an amendment to the Book
of Order comes about in response to the General Assembly
Independent Committee of Inquiry following allegations of repeated
abuse of individuals by officers of the church that were subsequently
never reported to civil authorities.
The amendments are submitted for inclusion in the Book of
Order since the legitimate claims of government “.
. . to establish justice . . . [and] promote the general welfare”
should be supported by the church and are reinforced by the
teaching of Paul (Romans 13:1-7) and by our Book of Confessions
(The Confession of 1967 [9.25], the Heidelberg Catechism [Questions
101, 104, and 110], the Second Helvetic Confession [Chapter
XXX, especially 5.258], the Scots Confession [Chapter XXIV],
and the Westminster Confession of Faith [Chapter XXV].
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