Sacramento, CA asked in Civil Rights for California

Q: Is a Greek orthodox priest a mandated reporter? what happens when he doesn't report and other kids get abused after?

My sons father and I went to the priest to tell him about sexual abuse that happened to him and his brother as kids. The abuser is their brother in law and a long time member of the church. The priest said he'd excommunicate and made us promises of what he would do and he did nothing. 5 years have gone by and now our kids have come to us telling us they also were sexually abused by the same man. I have written the priest telling him he could have prevented this from happening to our kids but he chose to do nothing and still hasn't responded to my emails or letters. Should the church/priest be held accountable for not doing what he is mandated to do? We have reported this to police and my sons forensic interview was 2 weeks ago so we're just waiting for all the reports to get to the detectives desk so he can bring the combined cases to the D.A.. so if someone is a mandated reporter and fails to report, can they be held responsible and what kind of attorney handles these cases?

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Mandatory reporters are listed in California Penal Code section 11165.7. It is a long list of persons, and it includes in subparagraph 32 as follows:

"(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization."

Section 11166 provides in relevant part: "a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in the mandated reporter’s professional capacity or within the scope of the mandated reporter’s employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect."

So it appears that the clergy man may have been a mandatory reporter. However, the potential liability of the mandatory reporter who fails to report something that occurred more than 5 years ago may already be the wrong person to pursue due to the passage of time. However, the abused child or adult can still bring their claims directly against the abuser and the church which employed him under the current law, which has extended the statute of limitations in which such claims may be brought.

In the Sacramento County area, there are several excellent law firms which specialize in these kinds of cases. All you need to do is Google search "clergy abuse attorneys" and the results will give you many options from which to choose.

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