C A N O N L A W

CHAPLAINS IN CANON LAW AND CONTEMPORARY PRACTICE

anon law defines a chaplain as “a priest to whom is entrusted in a stable manner the pastoral care, at least in part, of some community or special group of Christ’s faithful, C to be exercised in accordance with universal and particular law” (Canon 564). The law establishes the chaplain as a canonical figure in the person of a priest who is account- able to the diocesan bishop. A deacon cannot be named a chaplain in the canonical sense.

“Stable manner” implies the Consultation between the local ordinary formal appointment to a par- and a religious superior in a house of a lay reli- ticular group associated with gious institute before appointing a chaplain for various apostolates such as the purpose of directing liturgical functions (567 educational institutions or ser- gives the superior the right to propose a particu- vices with long-standing social lar priest) traditions such as prisons or Appointment of chaplains for those who are hospitals. The office is no lon- not able to avail themselves of the ordinary care SR. MARLENE ger linked to foundations or of parish priests, e.g. migrants, exiles, fugitives, WEISENBECK non-parochial churches as was nomads, seafarers (568) and armed forces (569) the practice in the past. “Pas- which must take into account state relationships toral care” refers to the role of with armed forces the priest having a canonical office for full care Circumstances in which a non-parochial of souls, which includes preaching, sacramental church is attached to a center of a community or minister of baptism, penance, anointing of the group (570) sick, marriage, Eucharist and celebration of the The requirement of the chaplain to maintain Mass. “At least in part” implies that a priest chap- a due relationship with the parish priest (571) lain may exercise other clerical duties or assign- The removal of a chaplain (563, 572) ments. Eight subsequent canons, 565-572, specify a ROLE OF THE DIOCESAN BISHOP number of other conditions, or requisites, that The diocesan bishop is responsible for oversight provide guidance for Catholic institutions in pro- of sacred worship, the care of souls and ministries viding a program of pastoral care. These pertain within his jurisdiction. In summary, the bishop’s to: explicit approval is required for appointing and removing priests in collaboration with the admin- The appointment or confirmation by the lo- istration of the institution, and bestowing faculties cal ordinary of one who has been presented or to clerics for sacramental functions. The bishop elected (565) must consult with religious superiors when as- The bestowal of all the faculties necessary for signing an ordained chaplain to a religious house. full pastoral care (hearing confessions, preaching, administering viaticum and anointing of the sick CHAPLAINCY AND PASTORAL CARE MODELS TODAY and conferring confirmation if there is danger of In canon law, the title of chaplain is ascribed only death) (566) to priests. However, for more than 20 years the The absolution from sanctions and other title “chaplain” has been used by lay persons, penalties depriving one of some spiritual or tem- women religious and deacons serving in various poral good, but only in hospitals, prisons and on roles of pastoral care. Although other titles such sea voyages (566) as faith life animator or campus minister may be

86 JANUARY - FEBRUARY 2010 www.chausa.org HEALTH PROGRESS used, the service retains its participation for all in churched patients to perform funerals. the healing ministry of Christ with certain sacra- Unique pastoral ministry such as the No One mental functions requiring the services of an or- Dies Alone program is common in many health dained priest. care settings. Staffed by volunteers, vigil pro- In 2004 the National Association of Catholic grams such as this provide comfort, support and Chaplains requested that the designation of “lay compassionate presence to dying people who ecclesial health care ministry” be endorsed in or- don’t have friends or family or whose loved ones der to provide a greater inclusion of lay persons in can’t make it to their bedside at the time of death. the delivery of pastoral care services. The nation- Some programs require that vigil companions go al chaplains’ association itself continues to certify through special training. lay persons as “chaplains” for the sake of the pro- fession and the hiring institutions.1 This occurred PASTORAL CARE IN THE COMMUNITY as a response to the 1997 Vatican Instruction On Pastoral care departments may support commu- Certain Questions Regarding the Collaboration of nity efforts by serving as a liaison to religious con- the Non-Ordained Faithful in the Sacred Ministry gregations of all denominations in the communi- of Priest.2 ty. Examples include: The importance of chaplaincy services is ar- Notifying a patient’s clergy upon being ad- ticulated in the Ethical and Religious Directives mitted, if the patient gives permission for Catholic Health Care Services (Part Two, Nos. Providing educational programming to the 10-22). Priests, deacons, religious and laity are af- staff and members of a religious congregation firmed in the exercise of diverse and complemen- Providing an educational center accredited tary roles in pastoral care. Directive 22 notes the by the United States Conference of Catholic Bish- necessity of the development of a diocesan policy ops offering clinical pastoral education and train- regarding the appointment of other-than-Catho- ing to professionals and para-professionals. lic chaplains to the pastoral care staff and for the Such is the range of a chaplain’s ministry in the appointment of a non-cleric as director of the de- contemporary world. It includes persons from all partment.3 vocational states in life. It functions as a micro- Given the unavailability of priests to fill sac- cosm of the church with persons in the various ramental roles as well as the diverse populations roles of laity and clergy and with representatives served by health care institutions, pastoral care from many religious denominations who work frequently demands broad and creative applica- in mutual support for the good of those served. tions. Pastoral care must be composed of profes- Chaplains provide worship, sacraments, liturgy, sional chaplains and support personnel respon- prayer, counseling, catechesis and personal pres- sible for providing and facilitating an effective, ence while engaging significantly with individuals compassionate response to the spiritual needs of and the institution they serve; that is, the church. a community of persons. Spiritual care must be integrated into the fabric of all services provided NOTES by a health care system. 1. Bishop Dale J. Melczek, “Use of the Title ‘Chaplain’ in Although patients are the primary recipients Pastoral Care Ministry,” Vision (July 2004). of care, family members and friends of patients 2. http://www.vatican.va/roman_curia/pontifical_councils/ as well as employees/staff are included in today’s laity/documents/rc_con_interdic_doc_15081997_en.html provision for pastoral care. Services may be of- 3. http://www.usccb.org/bishops/directives.shtml fered to all regardless of their affiliation, or lack of affiliation, with any particular religious de- nomination or sect. Worship services must be offered in the Roman Catholic tradition as well as ecumenical services on a routine basis. Staff chaplains provide for sacramental ministry by ar- SR. MARLENE WEISENBECK, FSPA, PH.D., J.C.L. ranging this with clergy in the area. Staff chaplains is president/chair, Leadership Council, Franciscan are occasionally called upon by the families of un- Sisters of Perpetual Adoration, La Crosse, Wis.

HEALTH PROGRESS www.chausa.org JANUARY - FEBRUARY 2010 87 JOURNAL OF THE CATHOLIC HEALTH ASSOCIATION OF THE UNITED STATES www.chausa.org HEALTH PROGRESS

Reprinted from Health Progress, January - February 2010 Copyright © 2010 by The Catholic Health Association of the United States