AZ clergy exception
The Arizona Court of Appeals recently issued an opinion analyzing the intersection of Arizona’s clergy privilege with its mandated reporting law. Three minors brought suit against the Church of Latter-Day Saints and two church bishops, alleging that their father had confessed to the bishops that he had been sexually abusing his children and that, because the bishops did not report the confession to law enforcement, the abuse continued for at least six (6) more years. The church and bishops moved for summary judgment, arguing that their only knowledge came from privileged communications. The trial court granted summary judgment, but the appellate court reversed, holding that questions of fact remained whether the privilege applied.
Arizona’s clergy exception to the mandated reporting statute is unusual, in that it allows clergy to withhold a disclosure if that clergy member “determines that it is reasonable and necessary within the concepts of the religion to do so.” The exemption applies only to communications and not to the clergy person’s “personal observations.” It also requires that the communication come in the recipient’s “role as a member of the clergy.”
The Court of Appeals focused on a second disclosure, when the father confessed to a church disciplinary council meeting. The court noted that the council included both clergy and non-clergy and held that a jury could conclude that the father waived his privilege with that second disclosure.
The court also addressed the question of whether withholding the initial disclosure was “reasonable and necessary” under church doctrine. The opinion noted a church handbook that requires disclosure to civil authorities “when disclosure is necessary to prevent life-threatening harm or serious injury.” According to the court, those facts raised a genuine issue whether withholding the father’s disclosure actually was “reasonable and necessary” within the parameters of the church handbook and church doctrine.
The lesson here for all religious groups that serve youth is that you can’t just assume that your state will exempt you from mandated reporter obligations. Any privileges will be narrow, and courts will construe them very strictly. Be certain that you know what the rules are and how they apply to particular situations. Definitely consult with an attorney who understands both your church doctrine and your state’s mandated reporter law so that you don’t find yourself on the wrong end of a police investigation or civil lawsuit.
