Legal Question in Family Law in Florida
pastoral communications I researching this in the case of child abuse or neglect does this privilege exist I have found that in 18 states it does not it holds that they are mandatory reporters but I can find not case where the church boards who knew where prosecuted for not reporting it. Could you please tell me of any cases that the board or members of the church were prosecuted for not reporting a priest or clergy who they knew was sexually or otherwise abusing its member childern
1 Answer from Attorneys
Priests and pastors and other legitimate spiritual advisors (except those practicing faith healing and no other form of spiritual counseling) are not required to report child abuse or neglect if it is reported to them during the course of counseling, confession, etc. Obviously, this wouldn't normally include the church board. It also wouldn't include cases where the abuse or neglect which is reported outside the counseling, such as where a pastor hears about it from a parishoner, then reports it to the board. But I'm not aware of any case where a board member or member of the church was prosecuted for it.
That doesn't mean there aren't any such cases. It just means I'm not aware of any, and I didn't find any Florida cases on google. Lawyers aren't given special access to any news about cases at the trial court level outside of our local areas, just at the appellate court level. At the trial court level, we usually learn about cases through word of mouth at the courthouse and from the news.