Clergy Privilege for Mandated Reporters is Limited, and May Not Exist in Some States

Several states are wrestling with whether to require spiritual advisors to report child abuse that they learn through otherwise privileged communications. Many states recognize a privilege for information that clergy learn from people seeking spiritual guidance. Some of them are considering whether to limit the privilege so that it no longer applies to reports of child abuse and neglect.

No one quite knows how many cases of child abuse and neglect go unreported because of the clergy privilege. A few gut-wrenching cases have hit the news, but it isn’t clear whether those are isolated instances or part of a larger pattern. Legislators looking at the change are wrestling with the emotion-charged facts on either side.

Religious youth organizations need to know whether their clergy are exempt from mandated reporting requirements. Furthermore, even in those states that recognize the privilege, organizations need to know the limits to the privilege. For example, most states that have the privilege limit it to people seeking spiritual guidance. A clergy person, for example, who is a school principal and learns of an incident from a teacher cannot rely on the privilege. He or she must report that concern. Similarly, a clergy person acting as a family therapist rather than a spiritual advisor has only the state’s therapist privileges, not the clergy privilege.

Navigating these rules can be complicated.  Be certain that you know the rules before the problem comes up. To be absolutely certain, consult an attorney who knows the laws in your state.