Child Abuse & Sexual Misconduct Course for Volunteers
Child
Abuse & Sexual Misconduct Course for Volunteers
Thiên Chúa đã tạo nên con người
theo hình ảnh Thiên Chúa, Ngài đã ban cho có người nam và người
nữ. Tuy nhiên, món quà ấy nhiều khi đã bị bóp méo vì sự đồi
bại của thế gian, và nguy cơ đến phẩm giá của con người ngày
nay.
Giáo hội Hoa Kỳ đã phải trả
giá đắt cho các vụ tai tiếng trong những năm qua, do đó Hội
Ðồng Giám Mục Hoa Kỳ, đã ban ra Hiến Chương Bảo Vệ Trẻ Em và
Giới Trẻ (Charter for the Protection of Children and Young People).
Qua bản hiến chương này, Chương Trình Môi Trường Lạnh Mạnh (Safe
Environment Program) được gầy dựng và áp dụng trên mọi địa phận
trong Hoa Kỳ.
Tài liệu cho Child Abuse &
Sexual Misconduct trong bài này được lấy ra từ Chương Trình
Môi Trường Lành Mạnh, hầu mong mọi thành viên trong Phong Trào
Thiếu Nhi Thánh Thể Việt Nam tại Hoa Kỳ có được khái niệm về
vấn đề tế nhị này, cũng như cách thức phải đối phó, và vài phương
pháp để tránh bỏ những đáng tiếc có thể xảy ra trong sinh hoạt.
Với sự giúp đỡ của Chúa Thánh
Thần, xin Ngài thánh hóa và giúp chúng ta luôn tôn trọng nhau,
tôn trọng món quà Thiên Chúa đã ban, để Phong Trào được luôn
lành mạnh và Thánh Thể.
I. Child abuse:
1. WHAT CONSTITUTES CHILD ABUSE?
The law defines child abuse as:
• Physical abuse
• Physical neglect
• Sexual abuse
• Emotional maltreatment
A. Physical abuse
The term “child abuse” includes
“physical injury inflicted by other than accidental means upon
a child by another person.” (Pen. Code, §11165.6.)
Types of injuries indicative of physical abuse
include:
• Bruises
• Burns
• Bite marks
• Abrasions
• Lacerations
• Head injuries
• Internal Injuries
• Fractures
The following behaviors are
often exhibited by abused children:
• The child is frightened of parent or caretaker or, at the
other extreme, is overprotective of parent or caretaker.
• The child is excessively passive, overly compliant, apathetic,
withdrawn, or fearful or, at the other extreme, is excessively
aggressive, destructive, or physically violent.
• The child and/or parent or caretaker attempts to hide injuries
to the child (e.g., the child wears excessive layers of clothing,
especially in hot weather; the child is frequently absent from
school or misses physical education classes if changing into
gym clothes is required).
• The child is frightened of going home.
• The child is clingy and forms indiscriminate attachments.
• The child is apprehensive when other children cry.
• The child is wary of physical contact with adults.
• The child exhibits drastic behavioral changes in and out of
presence of parent or caretaker.
• The child is hyper vigilant; the child has difficulty sitting
or walking.
• The child suffers from seizures or vomiting.
• The child, as an adolescent, exhibits depression, self-mutilation,
suicide attempts, substance abuse, or sleeping and
B. Physical Neglect
Neglect is the negligent treatment
or maltreatment of a child by a parent or caretaker under circumstances
indicating harm or threatened harm to the child’s health or
welfare. (Pen. Code, §11165.2.)
Neglect may be suspected when
one or more of the following conditions exist:
• The child is lacking adequate medical or dental care.
• The child is often sleepy or hungry.
• The child is often dirty, demonstrates poor personal hygiene,
or is inadequately dressed for weather conditions.
• There is evidence of poor or inadequate supervision for the
child’s age.
• The conditions in the home are unsafe or unsanitary.
• The child appears to be malnourished.
• The child is depressed, withdrawn, or apathetic, exhibits
antisocial or destructive behavior, shows fearfulness, or suffers
from substance abuse, speech, eating, or habit disorders (such
as biting, rocking, or whining).
C. Sexual abuse
Sexual abuse is defined as
acts of sexual assault or sexual exploitation of a minor. (Pen.
Code, §11165.1.)
Sexual assault includes: rape; gang rape (or rape in concert);
statutory rape, when the offender is 21 or older and the victim
is under 16; incest; sodomy; lewd or lascivious acts with a
child under 14 years of age, or with a 14 or 15 year old when
the offender is at least 10 years older; oral copulation; sexual
penetration; and child molestation. (Pen. Code, §11165.1, subd.
(a).)
Sexual exploitation includes conduct or activities related to
child pornography and child prostitution. (Pen. Code, §11165.1,
subd. (c).)
Physical symptoms
• Sexually transmitted diseases.
• Genital discharge or infection.
• Physical trauma or irritation to the anal or genital area
(e.g., pain, itching, swelling, bruising, bleeding, lacerations,
or abrasions), especially if the injuries are unexplained or
there is an inconsistent explanation.
• Pain during urination or defecation.
• Difficulty in walking or sitting due to genital or anal pain.
• Psychosomatic symptoms (e.g., stomachaches or headaches).
Sexual behaviors of children
• Detailed and age-inappropriate understanding of sexual behavior
(especially by younger children).
• Inappropriate, unusual, or aggressive sexual behavior with
peers or toys.
• Compulsive indiscreet masturbation.
• Excessive curiosity about sexual matters and/or genitalia.
• Unusual seductiveness with classmates, teachers, and others.
• Excessive concern about homosexuality, especially by boys.
Behavioral indicators in younger
children
• Enuresis (wetting pants or wetting bed).
• Fecal soiling.
• Eating disturbances (such as overeating or under-eating).
• Fears or phobias.
• Overly compulsive behavior.
• School problems or significant change in school performance
(attitude and grades).
• Age-inappropriate behavior that includes pseudo-maturity or
regressive behavior (i.e., bed wetting or thumb sucking).
• Inability to concentrate.
• Sleeping disturbances (such as nightmares, fear of falling
asleep, fretful sleep pattern or sleeping long hours).
• Drastic behavior changes.
• Speech disorders.
• Frightened of parents or caretaker or of going home.
Behavioral indicators in older
children and adolescents
• Withdrawal.
• Chronic fatigue.
• Clinical depression and/or apathy.
• Overly compliant behavior.
• Poor hygiene or excessive bathing.
• Poor peer relations and social skills; inability to make friends;
running away from home.
• Aggressive, antisocial, or delinquent behavior.
• Alcohol or drug abuse.
• Prostitution or excessive promiscuity.
• School problems (such as frequent absences or a sudden drop
in school performance).
• Refusal to dress for physical education.
• Non-participation in sports and social activities.
• Fear of showers and/or restrooms.
• Fear of home life (as demonstrated by arriving at school early
and/or leaving late).
• Sudden fear of other things (such as going outside or participating
in familiar activities).
• Extraordinary fear of males.
• Self-consciousness of body beyond that expected for age.
• Sudden acquisition of money, new clothes, or gifts with no
reasonable explanation.
• Suicide attempt or other self-destructive behavior.
• Crying without provocation.
• Setting fires.
D. Emotional maltreatment
Behavioral indicators of emotional
abuse. Emotional abuse may be suspected if a child:
• Is withdrawn, depressed, or apathetic.
• Is clingy and forms indiscriminate attachments.
• “Acts out” and is considered a behavior problem.
• Exhibits exaggerated fearfulness.
• Is overly rigid in conforming to instructions of teachers,
doctors, and other adults.
• Suffers from sleep, speech, or eating disorders.
• Displays signs of emotional turmoil that include repetitive,
rhythmic movements (such as rocking, whining, or picking at
scabs).
• Pays inordinate attention to details or exhibits little or
no verbal or physical communication with others.
• Suffers from enuresis (wetting pants or bed) or fecal soiling.
• Unwittingly makes comments such as “Mommy always tells me
I’m bad.”
• Experiences substance abuse problems.
Behavioral indicators of parents
or caretakers
• The following behavior exhibited by a parent or caretaker
may suggest that a child is being emotionally abused:
• The parent or caretaker burdens the child with demands which
are based on unreasonable or impossible expectations or are
beyond his or her development capacity.
• The child is used as a “battleground” for marital conflicts.
• The child is used to satisfy the parent’s or caretaker’s own
ego needs.
• The child is “objectified” by the parent or caretaker (i.e.,
the parent or caretaker refers to the child as “it” — “it” cried
or “it” died).
Behavioral indicators of emotional
deprivation
Emotional deprivation may be suspected if a child:
• Refuses to eat adequate amounts of food and thus is very frail.
• Is unable to perform normal learned functions for a given
age (such as walking or talking).
• Displays antisocial behavior (such as aggression or disruption)
or obvious delinquent behavior (such as drug abuse or vandalism);
conversely, an emotionally deprived child may be abnormally
unresponsive, sad, or withdrawn.
• Constantly “seeks out” and “pesters” other adults (such as
teachers or neighbors) for attention and affection.
• Displays exaggerated fears.
2. WHAT IS NOT CHILD ABUSE?
According to California law,
listed below are descriptions of situations or circumstances
which are not child abuse:
• Injuries caused by two children fighting during a mutual altercation.
(Pen. Code, §11165.6.)
• An injury caused by reasonable and necessary force used by
a peace officer acting within the course and scope of his or
her employment as a peace officer. (Pen. Code, §11165.6.)
• Voluntary sexual conduct between minors who are both under
the age of 14 and who are of similar age and sophistication.
(People v. Stockton Pregnancy Control Medical Clinic, Inc. (1988)
203 Cal. App. 3d 225, 233.240.)
• Pregnancy of a minor, regardless of her age, does not, in
and of itself, constitute a basis for a reasonable suspicion
of sexual abuse. (Pen. Code, §11166, subd. (a)(1).)
3. WHAT TO DO:
What are youth leader’s responsibilities
when knowing the kids are being abused?
Youth leaders, huynh truong who are mandated to report known
or reasonably suspected instances of child abuse play a critical
role in the early detection of child abuse. Our duty is to report,
not investigate.
We must report as soon as practicably possible to the appropriate
department in our parish, diocese, or else we may be prosecuted
by the law.
4. WHERE TO REPORT:
It is important that we contact
the appropriate personnel to file the report. See Appendix A
for U.S national contact list in each diocese. These individuals
are available to assist in making a formal complaint of abuse.
II. Sexual Misconduct
1. WHAT IS SEXUAL MISCONDUCT WITHIN THE MINISTERIAL
RELATIONSHIP?
Ministry is never about sexual
contact. If sexualized contact or sexualized behavior occurs
within a ministerial relationship, it is wrong. This is never
acceptable in a pastoral relationship with a parishioner, employee,
student, spiritual directed, counseling client, or anyone who
has sought the Church's ministry or guidance.
Sexual misconduct is a general
term that includes sexual harassment, sexual exploitation and
sexual abuse.
A. What is sexual harassment?
Sexual harassment is unwanted
sexualized conduct or language between co-workers in the church
setting. Although difficult to define precisely, sexual harassment
may include but is not limited to the following:
• Making unsolicited sexual advances and propositions;
• Using sexually degrading words to describe an individual or
an individual’s body;
• Telling inappropriate or sexually related jokes;
• Retaliating against the co-worker who refuses sexual advances;
and
• Offering favors or employment benefits, such as promotions,
favorable performance evaluations, favorably assigned duties
or shifts, recommendations and the like in exchange for sexual
favors.
• Making unsolicited sexual advances and propositions;
• Using sexually degrading words to describe an individual or
an individual’s body;
• Telling inappropriate or sexually related jokes;
• Retaliating against the co-worker who refuses sexual advances;
and
• Offering favors or employment benefits, such as promotions,
favorable performance evaluations, favorably assigned duties
or shifts, recommendations and the like in exchange for sexual
favors.
B. What is sexual exploitation?
Sexual exploitation is the
sexual contact between a church leader and a person who is receiving
pastoral care from the church leader.
C. What is sexual abuse?
Sexual abuse is sexual contact
between a church leader and a minor or a “vulnerable adult”
as defined by law.
Either sexual exploitation or sexual abuse can include physical
contact from the church leader such as:
• Sexual touch or other intrusive touching (i.e. tickling wrestling
or other physical contact) that causes uneasiness or discomfort
in the one touched.
• An inappropriate gift (such as lingerie).
• A prolonged hug when a brief hug is customary behavior.
• Kissing on the lips when a kiss on the cheek would be appropriate.
• Showing sexually suggestive objects or pornography.
• Sexual intercourse, anal or oral sex.
Sexual exploitation or sexual
abuse can also include verbal behavior such as:
• Innuendo or sexual talk;
• Sexual comments;
• Tales of sexual exploits, experiences or conflicts; and
• Making sexual proposals.
2. WHAT IF THE VICTIM DID NOT STOP
THE SEXUAL CONTACT WHEN IT BEGAN OR WHAT IF THE VICTIM INITIATED
IT?
It is a common dynamic in ministry
for some to feel attracted to those in church leadership positions,
or to feel flattered by his or her attention. This never excuses
any form of sexual misconduct. Clergy or other church leaders
who engage in any form of sexual misconduct are violating the
ministerial relationship, misusing their authority and power,
and are taking advantage of the vulnerability of those who are
seeking spiritual guidance.
Because of the respect and
even reverence with which many people view the Church’s ministers,
there is always an imbalance of power and hence a vulnerability
inherent in the ministerial relationship. By definition, therefore,
there is an absence of meaningful consent to any activity, even
if the person is an adult. Because of this imbalance of power,
conduct inappropriate to the ministerial relationship is never
okay. It is always the responsibility of the Church leader to
maintain the appropriate emotional and sexual boundaries of
those they serve and those with whom they work.
3. RESPONSE TO COMPLAINTS OF SEXUAL
MISCONDUCT
Complaints against parish employees or volunteers
may be directed to the pastor or parochial vicar of the parish
in question.
All other complaints should direct to the
“Safe Environment Program” director in the diocese. See Appendix
A for detail list.
III. How to prevent
In youth ministry there are
several practical guidelines that enable ministers to be pastoral
and that ensure both the safety of their young people and their
own protection from allegations.
In youth ministry programs
and gatherings, there is always a good ratio of adults to
young people. Most often this would be 8 youth to 1 adult.
More adults are usually necessary for overnight events or
trips.
Adults never buy alcohol,
drugs, cigarettes, videos, or reading material that is inappropriate
and give it to young people.
A “buddy system” of a
young person with another young person on trips is a good
safety requirement.
It is never appropriate
for an adult to share a bed with young people when on a
trip and sharing a bedroom, other than a dormitory style
room, should always be avoided.
If a young person is
uncomfortable with a hug, then adults should not hug or
ridicule that young person.
Youth ministers and all
adults always meet with young people in areas that are visible
and accessible.
Criminal background checks
and references on volunteers are some of the tools that
ensure the quality of adults working with our young people.
Check diocesan requirements concerning criminal background
checks and the use of volunteer covenants
It is always a safe practice
to have two adults in the area where youth are present.
One-on-one meetings with
a young person are best held in a public area, or if that
is not appropriate, then the door to the room is left open,
and someone on the parish staff is notified about the meeting.
Driving alone with a
young person should be avoided.
Be proactive in identifying
young people who may be vulnerable or at risk for unhealthy
relationships. Youth ministers can have a very positive
influence on young people by sharing the message of how
important youth are in God's eyes, and that they are created
with dignity. This can reduce the possibility of them falling
into the traps of those who tell them love is just "physical".
“Jesus spoke to them again, saying ‘I am the light of the world.
Whoever follows me will…have the light of life.’” (John 8:12)
Dr. Kathleen McChesney
Executive Director of the Office of Child and Youth Protection
United States Conference of Catholic Bishops
3211 4th St. N.E.
Washington DC 20017
202.541.5413
ocyp@usccb.org
www.usccb.org
V. Tài Liệu Tham Khảo
http://www.usccb.org : United
State Conference of Catholic Bishops.
http://www.usccb.org/ocyp/index.htm
http://www.nfcym.org : National
Federation for Catholic Youth Ministry
http://www.nfcym.org/2001/restoring_trust/boundary.html
http://www.la-archdiocese.org
: The Roman Catholic Archdiocese of Los Angeles
http://www.la-archdiocese.org/english/dept/Assist/home.htm
http://www.dsj.org : Diocese
of San Jose
http://www.dsj.org/serve/protect.asp
http://www.rcbo.org : The Roman
Catholic Diocese of Orange
http://www.rcbo.org/concerns/index.htm
Child Abuse Educator’s Responsibilities,
Crime and Violence Prevention Center. California Attorney General’s
Office. Bill Lockyer, Attorney General. May 2003
For videos and training materials:
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Fax: (206) 634-0115
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