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7 th March 2013. Case Management Training. Welcome Ian Elliott. Case Management Training. Prayer Sister Colette Stevenson. Case Management Training. Case Management Training. Programme. Case Management Training.

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Case management training

7th March 2013

Case Management Training


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Welcome

Ian Elliott

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Prayer

Sister Colette Stevenson

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The structure for the day will follow the flowchart provided to each of you to help you understand the case management process as a whole


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Teresa Devlin- 10:25- 10:45

Bishop John Fleming- 10:45- 11:15

Teresa Devlin- 12:00- 12:30

Father Brendan Coffey- 13:30- 14:00


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  • Key times:

    • Coffee Break at 11:15 while completing group work

    • Lunch 12:30

    • Finish at 16:00


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Understanding Terminology

Niall Moore

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Preliminary Investigation

the initial inquiry by which a diocesan bishop or ordinary determines whether an alleged delict such as sexual abuse of a minor has a semblance of truth. Once that low threshold is met, the case should be referred to the Congregation for the Doctrine of the Faith where the next stage in the process is determined.

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Semblance of Truth

Evidence which at face value corroborates the accusation

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Votum

an authoritative opinion; in forwarding a case to the Congregation for the Doctrine of the Faith a bishop or religious superior offers his (or her) authoritative opinion on the matter addressed in the particular case.

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Case Management Plan

a formal, written supervision program for a cleric who has been determined to have sexually abused a minor.

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Decree

A singular decree is an administrative act issued by a Bishop or Provincial in which a decision is given or a provision is made under a case according to the norms of law.

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Precept

A singular precept is a decree which directly and legitimately enjoins a specific person or persons to do or omit something, especially in order to urge the observance of law

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The Process of Investigation and Inquiries

Teresa Devlin

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Step 1: Reporting Procedures

Information concerning risk to a child or young person emerges

DIOCESAN / CONGREGATIONAL DESIGNATED PERSSON

Emergency Option

CIVIL AUTHORITIES

Gardai, HSE, PSNI, HSCE

BISHOP / CONGREGATIONAL LEADER/NBSCCC



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All allegations/concerns about the abuse of a child MUST be reported to the Statutory Authorities

Information shared must be given to the designated person for his/her action

Designated Person will inform receiver of information that the allegation has been passed to the Statutory Authorities

Step 2: Reporting Arrangements


Step 2 role of the civil authorities
Step 2: Role of the Civil Authorities reported to the Statutory Authorities

An Garda/PSNI

To investigate

To establish if a crime has been committed

HSE/HSC

To assess risk to children

To put in place protection arrangements for children


Step 2 role of bishop provincial

Informed respondent that an allegation has been received reported to the Statutory Authorities

Elicit Response

Advise of right to access civil and canon law advice

Appoint Adviser

Step 2: Role of Bishop/Provincial


Step 2 responsibility of the church
Step 2: Responsibility of the Church reported to the Statutory Authorities

  • Appoint Support Person

  • Appoint Adviser

  • Set up Advisory Panel


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Step 2: Role of Designated Person reported to the Statutory Authorities

  • To liaise with support person, to keep complainant informed

  • To liaise with advisor, to keep respondent informed

  • Co-ordinate Church activities

  • Record all information in case file


Step 2 precept and leave from ministry
Step 2: Precept and Leave from Ministry reported to the Statutory Authorities

  • Semblance of Truth to allegation

  • Criminal Inquiry


Step 2 preliminary investigation
Step 2:Preliminary Investigation reported to the Statutory Authorities

Information received about a concern

Semblance of Truth?

Respondent informed

Right to reply, and access to legal advice

Referral to Statutory Authorities

Church process halted pending outcome of Statutory Investigations


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What are a decrees, Initial Risk Assessments and Precepts reported to the Statutory Authorities

Bishop John Fleming

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Group Work reported to the Statutory Authorities

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From the information you have in front of you as a group you need to :

Establish a time line of events

Write a precept

Advise Bishop/Provincial what to do next

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Process of Investigations; Civil and Church need to :

Teresa Devlin

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Following completion of statutory investigation, Church Inquiry can be initiated

SeeStandards & Guidance pp. 87–88

Step 6: Preliminary Inquiry Restarted


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Step 6: Preliminary Inquiry Restarted Inquiry can be initiated

Canon Law confers all necessary powers to take measures in promoting and ensuring the safety and welfare of children who receive pastoral care from Church personnel


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Ordinary appoints a canon lawyer/social worker to conduct Preliminary Inquiry this will take into account:

Information from complainant

Response of respondent

Corroborating evidence

Historical information

Step 7: Inquiry Conducted


Step 8 inquiry complete

Report on findings to Ordinary Preliminary Inquiry this will take into account:

Advisory Panel Consulted

Concluded and CDF informed in one of three ways

Step 8: Inquiry Complete


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Step 9: CDF Informed Preliminary Inquiry this will take into account:

  • CDF have a number of options open to them:

    • Penal Process

    • Restrictions

    • Laicisation

    • Restore Good Name


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Lunch Preliminary Inquiry this will take into account:

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Understanding Case Management Plans Preliminary Inquiry this will take into account:

(Step 10)

Father Brendan Coffey

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What are case management plans

What are case management Preliminary Inquiry this will take into account: plans?

How to draw one up?

Who to consult?

What should it contain?


Glenstal abbey
Glenstal Abbey Preliminary Inquiry this will take into account:

Unusual location

  • Boarding School for boys

  • Retreat House

  • Day visitors and pilgrims

  • Adult Education

  • Visiting school groups

  • Summer school activities


How we drew up the plan
How we drew up the plan Preliminary Inquiry this will take into account:

  • It needs to be place specific

  • It needs to be person specific

  • It needs to consider risk

  • It needs to be realistic

  • It needs to be compliant with best practice

  • It needs to be very clear


Who we consulted
Who we consulted Preliminary Inquiry this will take into account:

  • Our own delegates for Child Protection

  • The NBSCCC

  • The HSE Child Care Manager

  • The Gardaí (if they are involved in the case)


What went into our plan
What went into our plan Preliminary Inquiry this will take into account:

  • Preamble: the monastic community will meet the needs of the brother in question including providing a place for him to live and the brother in turn will abide by the terms of the plan and the Child Protection Policies and Procedures of the Abbey.


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  • The monk may not enter the school buildings or any part of the grounds used by the school

  • The monk may not receive phone calls from minors

  • The monk will follow the monastic regime

  • The monk is free to move about the monastic enclosure and private parts of the grounds

  • He will arrange any visitors in advance with superiors

  • He must be accompanied if he leaves the monastery


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  • He will not attempt to contact any person who has made a complaint against him

  • He will not ask a third party to contact any person who has made a complaint against him

  • He will not visit the retreat centre

  • The abbot reserves the right to examine his computer at any time

  • He may wear the habit in the monastery but not when he goes out

  • (If a priest) He may celebrate Mass in the private oratory


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Sanctions
Sanctions concelebrate

  • The abbot’s council – The Seniorate – decides if the agreed plan has been adhered to or not

    Sanctions include:

  • Removal of privileges around visits

  • Removal of right of residency

  • For a serious breach a process of expulsion from the order


Yearly review
Yearly Review concelebrate

  • The seniorate review the plan annually

  • The monk is invited to make a submission and even suggest changes to the plan


Our recent review
Our recent review concelebrate

  • Several changes were requested

  • The seniorate considered the requests

  • These were sent to NCMRG in Maynooth

  • NCMRG met and considered the requests

  • Written advice was forwarded to Glenstal

  • The proposed changes were notified to the Gardaí & HSE for their approval

  • Revised management plan


Revised plan three changes
Revised plan – three changes concelebrate

  • The monk may leave the monastery unaccompanied when returning the same day

  • He may attend monastic community functions in the school buildings

  • He may visit guests of his resident in the Retreat Centre if no minors are in residence


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Group Work concelebrate

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From the update you have received and based on the information you had from session 1 :

Decide what other steps need to be taken

Write a case management plan

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Feedback information you had from session 1 :

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Panel Discussion information you had from session 1 :

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Evaluation information you had from session 1 :

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Close information you had from session 1 :

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