WA clergy members could become mandatory reporters of abuse under a bill in the Legislature
Washington state law requires people in a number of professions to report suspected abuse, including law enforcement officials, health care providers and school personnel.
The legislature now is considering adding clergy members.
Under Senate Bill 5280, clergy in the state would be designated as mandatory reporters, and they would be required to report abuse or neglect except when such information is given during a confession.
On Thursday, lawmakers passed the Senate version of the legislation, sponsored by Sen. Noel Frame, D-Seattle, out of the Human Services Committee with no opposition. It will now head for the Senate Rules Committee.
Frame told committee members during a public hearing on Jan. 24 that she crafted the legislation after reading an InvestigateWest article detailing years of hidden sexual abuse within the Jehovah’s Witnesses.
InvestigateWest reported that Jehovah’s Witnesses believe that unless the law compels them to report to authorities, abuse allegations should stay within the church, according to internal church documents.
Frame noted that similar legislation was introduced decades ago, but never made it into law.
She also shared her personal experience of sexual abuse when she was a child. She said she was encouraged to tell her teacher, a mandatory reporter, who notified her parents. The abuse stopped afterward, Frame noted.
“Folks, I bring this legislation before you today because children need to be able to trust adults, and they need to have trust in adults in their life that when they’re being abused they can go to them and trust that they will help make it stop,” Frame said.
“We have to prioritize the safety of those children and we need to compel our religious leaders to report this abuse when they know it’s happening.”
During the executive session for the legislation on Thursday, Frame struck a proposed amendment that would have required clergy to report abuse or neglect even if they received the information through confession, otherwise known as “clergy-penitent privilege.” Sen. Judy Warnick, R-Moses Lake, told Frame she would not have voted in favor of the bill if the amendment hadn’t been struck.
A companion bill is sponsored in the House by Rep. Amy Walen, D-Kirkland, and 11 other Democratic co-sponsors. That legislation does not include clergy-penitent privilege, therefore clergy would be required to report abuse or neglect even if that information was obtained through confession, if that version of the bill is passed.
On Jan. 20, that bill, House Bill 1098, passed out of an executive committee with no Republican support.
Mario Villanueva, executive director for the Washington State Catholic Conference, said during the Senate public hearing that the organization was supportive of mandatory reporting, but it does not support eliminating clergy-penitent privilege because it has previously been upheld by state and federal law. He said he believes the First Amendment also protects this privilege.
Mandated reporters are required by state law to report abuse or neglect of minors to law enforcement or the Washington State Department of Children, Youth and Families. Failure to report can result in a gross misdemeanor, which is punishable by up to 364 days in jail and/or a fine up to $5,000.
Washington is currently one of seven states that does not designate clergy members as mandated reporters.
This story was originally published February 3, 2023 at 5:00 AM with the headline "WA clergy members could become mandatory reporters of abuse under a bill in the Legislature."
