American Samizdat

Monday, July 04, 2005. *
How to Abuse Children in Oregon, USA
In Oregon, who is required by law to report suspected child abuse?

ORS 419B.010 Any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made [...].

In Oregon, are clergy required to report suspected child abuse?

ORS 40.260 Rule 506. Member of clergy-penitent privilege. (1) As used in this section, unless the context requires otherwise: (a) “Confidential communication” means a communication made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication. (b) “Member of the clergy” means a minister of any church, religious denomination or organization or accredited Christian Science practitioner who in the course of the discipline or practice of that church, denomination or organization is authorized or accustomed to hearing confidential communications and, under the discipline or tenets of that church, denomination or organization, has a duty to keep such communications secret. (2) A member of the clergy may not be examined as to any confidential communication made to the member of the clergy in the member’s professional character unless consent to the disclosure of the confidential communication is given by the person who made the communication. (3) Even though the person who made the communication has given consent to the disclosure, a member of the clergy may not be examined as to any confidential communication made to the member in the member’s professional character if, under the discipline or tenets of the member’s church, denomination or organization, the member has an absolute duty to keep the communication confidential.

In Oregon, if clergy are not required by law to report suspected child abuse, how does the state define 'clergy?'

ORS 128.620 “Religious organization” means any organized church or group organized for the purpose of divine worship, religious teaching, or other directly ancillary purposes.

In Oregon, is there a problem with clergy not reporting child abuse or committing child abuse?

Portland Tribune: The pastor of a St. Johns church ignored evidence of sexual abuse by one of the church’s employees, then fired two other church employees who had told him of the alleged abuse and reported it to police, according to a civil lawsuit filed last week in Multnomah Circuit Court.

Guardian Unlimited: Payouts [to child abuse victims] exceeding $53m forced the diocese of Oregon to apply for bankruptcy last year.

In Oregon, is there a history of children being killed or allowed to die for religious reasons?

Free Inquiry: The Oregonian reported that the Followers of Christ Church in Clackamas County lets children die without medical care. The congregation has its own cemetery and has buried 78 children there since 1955. Surely these are astronomical death rates in a congregation with an estimated 1,200 members. Yet public officials remained indifferent for decades. In more than 50 cases, the state either did not bother to determine the cause of the children’s deaths or the records have been lost. Since 1987, the medical examiner has performed autopsies and brought cases to the district attorney’s office. The prosecutor, however, declined to file charges, claiming that the parents had a constitutional right to withhold lifesaving care from their children. [...] Followers children without medical care have died of a renal infection, a strangulated hernia, and diabetes. New Clackamas County District Attorney Terry Gustafson wants to file charges, but has concluded that Oregon laws providing religious immunity to charges of homicide by abuse or neglect and manslaughter, enacted in 1995 and 1997, prevent her from doing so.

In Oregon, if you want to abuse children or allow children to be abused, call yourself 'religious' and you will likely get away with it.
posted by Trevor Blake at 7:43 PM
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