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A Continuous and Profound Conversion of Hearts

Vos estis lux mundi

Directives for the Implementation of the Provisions of Concerning and Their Equivalents

Affirming Our Episcopal Commitments

Protocol Regarding Available Non-Penal Restrictions on Bishops VOS ESTIS LUX MUNDI Francis,

May 7, 2019 APOSTOLIC LETTER ISSUED BY THE SUPREME PONTIFF FRANCIS

“ ou are the light of the world. to be pastoral leaders of his People, and A city set on a hill cannot be demands from them a commitment to hidden” (Mt 5:14). Our Lord follow closely the path of the Divine Master. JesusY Christ calls every believer to be a Because of their ministry, in fact, Bishops, shining example of virtue, integrity and “as vicars and holiness. All of us, in fact, are called to give legates of Christ, concrete witness of faith in Christ in our govern the par- “This lives and, in particular, in our relationship ticular churches responsibility with others. entrusted to them by their counsel, falls, above The crimes of offend Our exhortations, Lord, cause physical, psychological and all, on the example, and even spiritual damage to the victims and harm by their authority successors of the community of the faithful. In order that and sacred power, these phenomena, in all their forms, never the Apostles . . . which indeed happen again, a continuous and profound they use only for and demands conversion of hearts is needed, attested by the edification of concrete and effective actions that involve from them a their flock in truth everyone in the Church, so that personal and holiness, commitment to sanctity and moral commitment can con- remembering that follow closely tribute to promoting the full credibility of he who is greater the Gospel message and the effectiveness the path of the should become of the Church’s mission. This becomes pos- as the lesser and Divine Master.” sible only with the grace of the Holy Spirit he who is the poured into our hearts, as we must always chief become keep in mind the words of Jesus: “Apart as the servant” (, from me you can do nothing” (Jn 15:5). Dogmatic Constitution , no. Even if so much has already been accom- 27). What more closely concerns the succes- plished, we must continue to learn from sors of the Apostles concerns all those who, the bitter lessons of the past, looking with in various ways, assume ministries in the hope towards the future. Church, or profess the evangelical counsels, This responsibility falls, above all, on the or are called to serve the Christian People. successors of the Apostles, chosen by God Therefore, it is good that procedures be 1 universally adopted to prevent and com- of actions or omissions intended to bat these crimes that betray the trust of interfere with or avoid civil investi- the faithful. gations or canonical investigations, whether administrative or penal, I desire that this commitment be imple- against a cleric or a religious regard- mented in a fully ecclesial manner, so that ing the delicts referred to in letter a) it may express the communion that keeps of this paragraph. us united, in mutual listening and open to the contributions of those who care deeply §2. For the purposes of these norms, about this process of conversion. a) “minor” means: any person under Therefore, I : the age of eighteen, or who is consid- ered by law to be the equivalent of a minor; I b) “vulnerable person” means: any per- son in a state of infirmity, physical or General Provisions mental deficiency, or deprivation of personal liberty which, in fact, even Article 1: Scope of Application occasionally, limits their ability to understand or to want or otherwise §1. These norms apply to reports regard- resist the offense; ing clerics or members of Institutes of c) “child pornography” means: any or Societies of Apostolic representation of a minor, regard- Life and concerning: less of the means used, involved in a) delicts against the sixth command- explicit sexual activities, whether real ment of the Decalogue consisting of: or simulated, and any representation of sexual organs of minors for pri- i. forcing someone, by violence marily sexual purposes. or threat or through abuse of authority, to perform or submit to sexual acts; Article 2: Reception of Reports and ii. performing sexual acts with a Data Protection minor or a vulnerable person; §1. Taking into account the provisions iii. the production, exhibition, that may be adopted by the respective possession or distribution, Episcopal Conferences, by the of including by electronic means, the Bishops of the Patriarchal Churches of child pornography, as well and the Major Archiepiscopal Churches, as by the recruitment of or or by the Councils of Hierarchs of the inducement of a minor or a vul- Metropolitan Churches , the nerable person to participate in or the , individually or pornographic exhibitions; together, must establish within a year from b) conduct carried out by the subjects the entry into force of these norms, one or referred to in article 6, consisting more public, stable and easily accessible 2 systems for sub- “The report committed, that person is obliged to report mission of reports, promptly the fact to the local Ordinary even through the shall include where the events are said to have occurred institution of a spe- as many or to another Ordinary among those cific ecclesiastical referred to in canons 134 CIC and 984 particulars as office. The Dioceses CCEO, except for what is established by §3 and the Eparchies possible, such of the present article. shall inform the Pontifical as indications §2. Any person can submit a report concern- Representative of time and ing the conduct referred to in article 1, using of the establish- the methods referred to in the preceding ment of the sys- place of article, or by any other appropriate means. tems referred to in the facts.” §3. When the report concerns one of the this paragraph. persons indicated in article 6, it is to be §2. The information addressed to the Authority identified referred to in this article is protected and based upon articles 8 and 9. The report can treated in such a way as to guarantee its always be sent to the Holy See directly or safety, integrity and confidentiality pur- through the Pontifical Representative. suant to canons 471, 2° CIC and 244 §2, §4. The report shall include as many par- 2° CCEO. ticulars as possible, such as indications §3. Except as provided for by article 3 §3, of time and place of the facts, of the per- the Ordinary who received the report shall sons involved or informed, as well as any transmit it without delay to the Ordinary other circumstance that may be useful in of the place where the events are said to order to ensure an accurate assessment of have occurred, as well as to the Ordinary the facts. of the person reported, who proceed according to the law provided for the §5. Information can also be acquired specific case. ex officio.

§4. For the purposes of this title, Eparchies are equated with Dioceses and the Article 4: Protection of the Person Hierarch is equated with the Ordinary. Submitting the Report §1. Making a report pursuant to article Article 3: Reporting 3 shall not constitute a violation of office confidentiality. §1. Except as provided for by canons 1548 §2 CIC and 1229 §2 CCEO, when- §2. Except as provided for by canons 1390 ever a cleric or a member of an Institute CIC and 1452 and 1454 CCEO, prejudice, of Consecrated Life or of a Society of retaliation or discrimination as a conse- Apostolic Life has notice of, or well- quence of having submitted a report is founded motives to believe that, one of prohibited and may constitute the conduct the facts referred to in article 1 has been referred to in article 1 §1, letter b). 3 §3. An obligation “Those who state article 1, carried out by: to keep silent may a) Cardinals, Patriarchs, Bishops and not be imposed that they have Legates of the Roman Pontiff; on any person been harmed, b) clerics who are, or who have been, with regard to the together with contents of his or the pastoral heads of a particular her report. their families, Church or of an entity assimilated to it, or Oriental, including the are to be treated Personal Ordinariates, for the acts Article 5: Care with dignity committed durante munere; for Persons c) clerics who are or who have been and respect.” §1. The ecclesias- in the past leaders of a Personal tical Authorities Prelature, for the acts committed shall commit themselves to ensuring durante munere; that those who state that they have been d) those who are, or who have been, harmed, together with their families, are to supreme moderators of Institutes be treated with dignity and respect, and, in of Consecrated Life or of Societies particular, are to be: of Apostolic Life of , as well as of monasteries sui iuris, a) welcomed, listened to and supported, with respect to the acts committed including through provision of durante munere. specific services; b) offered spiritual assistance; c) offered medical assistance, including Article 7: Competent therapeutic and psychological assis- tance, as required by the specific case. §1. For the purposes of this title, “competent Dicastery” means the §2. The good name and the privacy of Congregation for the Doctrine of the Faith, the persons involved, as well as the con- regarding the delicts reserved to it by the fidentiality of their personal data, shall norms in force, as well as, in all other cases be protected. and as far as their respective jurisdiction is concerned, based on the proper law of the TITLE II Roman : Provisions Concerning - the Congregation for the Oriental Bishops and Their Churches; - the ; Equivalents - the Congregation for the Article 6: Subjective Scope of Evangelization of Peoples; Application - the Congregation for the ; - the Congregation for Institutes of The procedural norms referred to in this Consecrated Life and Societies of title concern the conduct referred to in Apostolic Life. 4 §2. In order to ensure the best §2. If the report concerns a Metropolitan coordination, the competent Dicastery of a Patriarchal or Major Archiepiscopal informs the Secretariat of State, and the Church, who exercises his office within other directly concerned, the territory of these Churches, it is of the report and the outcome of forwarded to the respective or the investigation. Major .

§3. The communications referred to in §3. In the preceding cases, the Authority this title between the Metropolitan and who receives the report shall also forward the Holy See take place through the it to the Holy See. Pontifical Representative. §4. If the person reported is a or a Metropolitan outside the territory of Article 8: Procedure Applicable in the Patriarchal, the Major Archiepiscopal the Event of a Report Concerning a or the Metropolitan Church sui iuris, the Bishop of the report shall be forwarded to the Holy See. §1. The Authority that receives a report §5. In the event that the report concerns a transmits it both to the Holy See and to the Patriarch, a , a Metropolitan of the Ecclesiastical Province “Unless the where the person reported is domiciled. Metropolitan of a Church sui iuris or a report is §2. If the report concerns the Metropolitan, Bishop of the other or the Metropolitan See is vacant, it shall Eastern manifestly be forwarded to the Holy See, as well Churches sui iuris, it unfounded, the as to the senior suffragan Bishop by shall be forwarded promotion, to whom, if such is the case, to the Holy See. Metropolitan the following provisions regarding the immediately Metropolitan apply. § 6. The following provisions relating requests, from §3. In the event that the report concerns to the Metropolitan the competent a Papal Legate, it shall be transmitted apply to the eccle- directly to the Secretariat of State. siastical Authority Dicastery, that to which the report he be assigned Article 9: Procedure Applicable is to be forwarded to commence the to Bishops of Eastern based on this article. Catholic Churches investigation.” Article 10: Initial §1. Reports concerning a Bishop of a Duties of the Metropolitan Patriarchal, Major Archiepiscopal or Metropolitan Church sui iuris shall be §1. Unless the report is manifestly forwarded to the respective Patriarch, unfounded, the Metropolitan immediately Major Archbishop or Metropolitan of the requests, from the competent Dicastery, Church sui iuris. that he be assigned to commence the 5 investigation. If the Metropolitan con- the investigation kept in the archives siders the report manifestly unfounded, of ecclesiastical offices; he shall so inform the Pontifical c) obtains the cooperation of other Representative. Ordinaries or Hierarchs whenever necessary; §2. The Dicastery shall proceed without d) requests information from individ- delay, and in any case within thirty days uals and institutions, including civil from the receipt of the first report by the Pontifical Representative or the request for institutions, that are able to provide the assignment by the Metropolitan, pro- useful elements for the investigation. viding the appropriate instructions on how §2. If it is necessary to hear from a minor to proceed in the specific case. or a vulnerable person, the Metropolitan shall adopt appropriate procedures, which Article 11: Entrusting the take into account their status. Investigation to a Person Other than §3. In the event the Metropolitan that there are well- “The §1. If the competent Dicastery considers founded motives it appropriate to entrust the investigation to conclude that Metropolitan information or to a person other than the Metropolitan, nevertheless the Metropolitan is so informed. The documents con- Metropolitan delivers all relevant infor- cerning the inves- remains mation and documents to the person tigation are at risk responsible for appointed by the Dicastery. of being removed or destroyed, the the direction and §2. In the case referred to in the previous Metropolitan shall conduct of the paragraph, the following provisions relat- take the necessary ing to the Metropolitan apply to the person measures for their investigation, charged with conducting the investigation. preservation. as well as for §4. Even when the timely Article 12: Carrying Out the making use of execution of the Investigation other persons, §1. Once he has been appointed by the the Metropolitan instructions.” competent Dicastery and acting in com- nevertheless pliance with the instructions received, the remains responsible for the direction and Metropolitan, either personally or through conduct of the investigation, as well as for one or more suitable persons: the timely execution of the instructions referred to in article 10 §2. a) collects relevant information regard- ing the facts; §5. The Metropolitan shall be assisted by b) accesses the information and docu- a notary freely appointed pursuant to ments necessary for the purpose of canons 483 §2 CIC and 253 §2 CCEO. 6 §6. The Metropolitan is required to act §3. Any person assisting the Metropolitan impartially and free of conflicts of interest. in the investigation is required to act If he considers himself to be in a conflict of impartially and must be free of conflicts interest or is unable to maintain the neces- of interest. If he considers himself to sary impartiality to guarantee the integrity be in a conflict of interest or be unable of the investigation, he is obliged to recuse to maintain the necessary impartiality himself and report the circumstance to the required to guarantee the integrity of competent Dicastery. the investigation, he is obliged to recuse himself and report the circumstances to §7. The person under investigation enjoys the Metropolitan. the presumption of innocence. §4. The persons assisting the Metropolitan § 8. The Metropolitan, if requested by the shall take an oath to fulfill their competent Dicastery, informs the person charge properly. of the investigation concerning him/ her, hears his/her account of the facts and invites him/her to present a brief in Article 14: Duration of the defense. In such cases, the investigated Investigation person may be assisted by legal counsel. §1. The investigation is to be completed §9. Every thirty days, the Metropolitan within the term of ninety days or within sends a status report on the state of the a term otherwise provided for by the investigation to the competent Dicastery. instructions referred to in article 10 §2. Article 13: Involvement of Qualified §2. Where there are just reasons, the Persons Metropolitan may request that the compe- tent Dicastery extend the term. §1. In accordance with any eventual directives of the , of the of Bishops or of the Council Article 15: Precautionary Measures of Hierarchs regarding how to assist the Should the facts or circumstances require Metropolitan in conducting the inves- it, the Metropolitan shall propose to the tigation, the Bishops of the respective competent Dicastery the adoption of Province, individually or together, may provisions or appropriate precaution- establish lists of qualified persons from ary measures with regard to the person which the Metropolitan may choose those under investigation. most suitable to assist in the investigation, according to the needs of the individual case and, in particular, taking into account Article 16: Establishment of a Fund the cooperation that can be offered by the §1. Ecclesiastical Provinces, Episcopal lay faithful pursuant to canons 228 CIC Conferences, Synods of Bishops and and 408 CCEO. Councils of Hierarchs may create a fund, §2. The Metropolitan, however, is free to to be established according to the norms of choose other equally qualified persons. canons 116 and 1303 §1, 1° CIC and 1047 7 CCEO and administered according to the legal representatives, of the outcome of norms of law, whose purpose is to the investigation. sustain the costs of the investigations. §2. At the request of the appointed Art. 18: Subsequent Measures Metropolitan, the funds necessary for the Unless it decides to provide for a sup- purpose of the investigation are made plementary investigation, the competent available to him by the administrator Dicastery proceeds in accordance with the of the fund; the Metropolitan remain law provided for the specific case. duty-bound to present an account to the administrator at the conclusion of the investigation. Art. 19: Compliance with State Laws Article 17: Transmission of the These norms apply without prejudice to Documents and the Votum the rights and obligations established in each place by state laws, particularly those §1. Having completed the investigation, concerning any reporting obligations to the Metropolitan shall transmit the acts to the competent civil authorities. the competent Dicastery, together with his votum regarding the results of the inves- The present norms are approved ad experi- tigation and in response to any queries mentum for three years. contained in the instructions issued under article 10 §2. I establish that the present Apostolic Letter in the form of Motu Proprio be pro- §2. Unless there are further instructions mulgated by means of publication in the from the competent Dicastery, the faculties Osservatore Romano, entering into force on of the Metropolitan cease once the investi- 1 June 2019, and then published in the Acta gation is completed. Apostolicae Sedis. §3. In compliance with the instructions of Given in , at Peter’s, on 7 May the competent Dicastery, the Metropolitan, 2019, the seventh year of my Pontificate. upon request, shall inform the person who has alleged an offense, or his/her O

8 Directives for the Implementation of the Provisions of Vos estis lux mundi Concerning Bishops and Their Equivalents

The document Directives for the Implementation of the Provisions of Vos estis lux mundi Concerning Bishops and Their Equivalents was developed by the Committee on Canonical Affairs and Church Governance of the United States Conference of Catholic Bishops (USCCB). It was approved by the full body of bishops as a formal statement of the same at its June 2019 General Meeting and has been authorized for publication by the undersigned.

Msgr. J. Brian Bransfield, STD General Secretary, USCCB

n the preamble to his Apostolic Letter Recognizing the desire of that issued motu proprio Vos estis lux mundi, “this commitment be implemented in a IPope Francis states: “The crimes of sex- fully ecclesial manner,” the bishops of the ual abuse offend Our Lord, cause physical, United States reaffirm that, “While bishops psychological and spiritual damage to the are ordained primarily for their or victims and harm the community of the , we are called as well to protect faithful. In order that these phenomena, in the unity and to promote the common dis- all their forms, never happen again, a con- cipline of the whole Church (CIC, c. 392; tinuous and profound conversion of hearts CCEO, c. 201). Participating in the college is needed, attested by concrete and effec- of bishops, each bishop is responsible to tive actions that involve everyone in the act in a manner that reflects both effective Church.” The responsibility to prevent and and affective .”1 confront such crimes in the Church, the These supplemental directives establish Holy Father further declares, “falls, above how the bishops in the United States of all, on the successors of the Apostles, America2 ought to implement Vos estis lux chosen by God to be pastoral leaders of his mundi with respect to the receipt of reports People, and demands from them a com- and the investigation of the conduct mitment to follow closely the path of the referred to in Article 13 concerning bishops Divine Master.”

1 USCCB, A Statement of Episcopal Commitment, in Charter for the Protection of Children and Young People (Washington, DC: United States Conference of Catholic Bishops, 2018), 38. 2 In cases where the report concerns the Metropolitan or the Metropolitan See is vacant, these directives are to assist the suffragan bishop senior by promotion. For Eastern Catholics who do not have a Metropolitan in the United States, reports can be made directly to the or through the Apostolic . The Apostolic See will authorize the procedure to be followed for the investigation. 3 All references to the motu propio Vos estis lux mundi will cite only the Article by number throughout this document. 9 and those equivalent to bishops in canon or those made directly to law. Moreover, for the purposes of these the Metropolitan; directives, a Metropolitan who wishes to c. Informing the public about how access additional resources to accomplish to report cases involving bishops; the directives effectively, may seek to asso- d. Advising the Metropolitan on ciate with another province for carrying whether a report is manifestly them out. unfounded pursuant to Article 10 §1, and on his compliance 1. In accord with Article 2 §1, in order with applicable civil laws requir- to establish a “public, stable and ing reports to civil authorities in easily accessible” system for the sub- accord with Article 19; mission of reports, every province e. Gathering any needed additional should publish broadly in printed information from the one mak- form, online, and other media means ing the report in the event there by which reports pursuant to Article is a need for clarification about 1 of the motu proprio can be con- details that are time, place, and veyed to the proper Metropolitan. person specific. Such means include the third-party reporting mechanism to be arranged 2. Pursuant to Articles 3 and 19, any for by the United States Conference Metropolitan who receives a report of Catholic Bishops, implemented by related to Article 1 will promptly the Metropolitan See, and published comply with all applicable civil laws by each diocese. In addition, each with respect to making reports to Metropolitan, in consultation with civil authorities and will cooperate the suffragan bishops, should appoint in any eventual investigation opened on a stable basis, even by means of by civil authorities. The Metropolitan an ecclesiastical office (see Article 2 will support the right for one to §1), a qualified lay person to receive make his or her own report to public reports of conduct about bishops authorities, and will advise and referred to in Article 1. The responsi- encourage those affected to do so.4 If bilities of the appointed lay person are the Metropolitan receives a request the following: from civil authorities to suspend his investigation in deference to an a. Engaging and interacting with investigation being conducted by the third-party entity arranged civil authorities, the Metropolitan will for nationally by the USCCB to immediately notify the competent receive reports; Dicastery of the Apostolic See. b. Receiving reports on behalf of the Metropolitan either 3. In cases in which a Metropolitan through the third-party entity receives a report that pertains to

4 See USCCB, Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or , Norm 11, and USCCB, Charter for the Protection of Children and Young People, Article 4. 10 another Metropolitan’s jurisdiction, of other qualified experts (likewise he will forward it expeditiously to appointed by the Metropolitan) chosen the competent Metropolitan and predominantly from among lay per- to the Apostolic See through the sons who are called upon in view of Apostolic Nuncio. the nature of the report and the exper- tise needed to examine it. 4. In accord with Article 5, each Metropolitan is to establish, maintain, 6. As noted above, and pursuant to and supervise competent persons Article 13 §1, the bishops of the prov- to coordinate assistance for the ince should prepare a list of expert immediate pastoral care of those individuals, whom a Metropolitan persons who claim to have been may utilize when conducting the harmed pursuant to Article 1. Those investigation himself or through coordinating such assistance should others and assessing the results of that provide a copy of the motu proprio investigation. In an effort to assure the Vos estis lux mundi, as well as these effectiveness of the process, persons directives, to expert in relevant fields, such as law those persons enforcement, criminal investigation, who claim “The civil law, , psychology and to have been social work, should be identified. harmed. Metropolitan 7. In accord with Article 12 §6, if a report 5. In accord with should of a conflict of interest or lack of Article 12 appoint an impartiality is brought to the attention §1, once the of the Metropolitan, or if he considers investigator Metropolitan has himself to be in a conflict of interest or received autho- chosen from is unable to maintain impartiality, he rization from among the should promptly inform the compe- the competent tent Dicastery of the Apostolic See of Dicastery of the lay persons the report, along with his response. Apostolic See to investigate, identified Likewise, in accord with Article 13 §3, and with due previously by if a report of a conflict of interest or regard for his lack of impartiality is brought against charge to over- the province.” the investigator, experts or notary see the process, appointed by the Metropolitan, the the Metropolitan should appoint an Metropolitan should be informed of investigator chosen from among the the fact immediately. lay persons identified previously by A Metropolitan should inform all the province. persons involved in the investigation: In accord with Article 13 §§1-2, the (a) of the process by which they may Metropolitan, in consultation with the notify the Metropolitan of a claim that investigator, should also make use he, or any person who is assisting him 11 in the investigation, may have a con- as well as any other documents he flict of interest; and (b) that an unsuc- deems pertinent. cessful claim of conflict of interest will 10. With due regard for Article 17 §3, the not result in prejudice, retaliation, or Metropolitan should inquire of the discrimination against the claimant. competent Dicastery whether and how 8. With regard to Article 16 §1, each the person who made the report and province ought to determine the whether the public can be informed of appropriate means by which it will the outcome of the investigation. The establish a fund, should it choose Metropolitan should also inform the to do so, or how it will otherwise person making the report of the pro- allocate costs for the investigation tections provided in Article 4 §2. of reports received and for the pas- 11. In furtherance of the presumption of toral care of those who might have innocence enjoyed by the bishop (Art. been harmed. 12 §7), all appropriate steps are to be 9. In accord with Article 17 §1, at the taken to protect the reputation of the conclusion of the investigation, the person under investigation, to assure Metropolitan is to transmit to the the exercise of other rights afforded competent Dicastery of the Apostolic him under canon law, and to restore See, through the Apostolic Nuncio, his his good name if it has been illegiti- votum and the acts of the investigation, mately harmed. including the names and of the These directives will be reviewed individuals from the expert list who every three years by the United States were chosen to assist in the process, Conference of Catholic Bishops. O

12 Affirming Our Episcopal Commitments

Thus should one regard us: as servants of Christ and stewards of the mysteries of God. Now it is of course required of stewards that they be found trustworthy (1 Cor 4:1-2).

The document Affirming Our Episcopal Commitmentswas developed by the Committee on Clergy, Consecrated Life and Vocations of the United States Conference of Catholic Bishops (USCCB). It was approved by the full body of bishops as a formal statement of the same at its June 2019 General Meeting and has been authorized for publication by the undersigned. Msgr. J. Brian Bransfield, STD General Secretary, USCCB

he authority and responsibilities of sexual misconduct “In keeping a bishop arise fundamentally from themselves. Others with the the grace of the sacrament of Holy have failed by not TOrders. For the bishop to exercise his responding morally, promises made authority and responsibilities properly, pastorally, and effec- at his episcopal however, he must be conformed to the tively to allegations heart of Christ, who “humbled himself” of abuse or miscon- ordination, a for our sake (Phil 2:8). “In the exercise of duct perpetrated bishop is to sacred power, the bishop must show him- by other bishops, self to be rich in humanity in imitation priests and deacons. guide others of Jesus, the perfect man. To this end, his Because of these fail- to holiness, to conduct should radiate those virtues and ures, the faithful are welcome the human gifts which arise from charity and outraged, horrified, are rightly valued in our society. These and discouraged. stranger, the gifts and human virtues bear fruit in pas- We, the bishops of poor, and all toral prudence, in wise care of souls and in the United States, good governance” (Apostolorum successores, those in need.” have heard the 2004, no. 47). anger expressed by In keeping with the promises made at his so many within and outside of the Church episcopal ordination, a bishop is to guide over these failures. The anger is justified; others to holiness, to welcome the stranger, it has humbled us, prompting us into the poor, and all those in need. He is to act self-examination, repentance, and a desire as a good shepherd, especially attentive to do better. We will continue to listen. to those on the peripheries. Some bishops Today, in a spirit of pastoral responsibility have failed in keeping to these promises and contrition, we affirm once more by committing acts of sexual abuse or the commitments we made when we 13 were ordained bishops, including the 3. We will promote and disseminate commitments to respond directly and widely—in our churches, seminaries, appropriately to cases of sexual abuse diocesan or eparchial newspapers, of minors or vulnerable persons, sexual bulletins, websites, social misconduct, and the mishandling of such media, and other appropriate cases by bishops. “This responsibility venues—information on how a person falls, above all, on the successors of the can report to an independent, third- Apostles… and demands from [us] a party entity any instances of the sexual commitment to follow closely the path of abuse of a minor or vulnerable persons the Divine Master” (Vos estis lux mundi, by a bishop. While safeguarding 2019, preamble). confidentiality of all persons involved, 1. We will continue to reach out to the every effort will be made toward victims/survivors of sexual abuse by transparency and keeping the person the clergy and their families in support submitting the report, and when of their spiritual and emotional well- permitted the accused, apprised of the being. Realizing status of the case. that we might 4. We are also committed, when we not always be receive or when we are authorized the best suited to “We will to investigate such cases, to include offer such care, continue to the counsel of lay men and women we will do all whose professional backgrounds that is within our reach out to are indispensable. authority and the victims/ ability to help survivors of 5. We will amend, where necessary, victims/survivors our diocesan or eparchial codes of find the care and sexual abuse conduct for ministers so that they healing they need. by the clergy state unequivocally that they apply to bishops as well as to all those serving 2. We pledge our and their full support for the Church in our diocese or eparchy. and adherence families in 6. We will also make sure that these to the provisions support of codes of conduct contain clear outlined in the their spiritual explanations as to what constitutes Holy Father’s sexual misconduct with adults as well Apostolic Letter and emotional as what constitutes sexual harassment motu proprio, of adults. Vos estis lux well-being.” mundi, which 7. Both our and ordination call holds bishops accountable to higher us to chaste living. We will be always moral standards because the pastoral mindful that there can be no “double care of the faithful has been entrusted life,” no “special circumstances,” no to them. “secret life” in the practice of chastity. 14 8. “The bishop cannot ignore or leave arranged by various ecclesial undone the task of holding up to the bodies” (Apostolorum successores, no. world the great truth of a holy and 54), especially those offered by the chaste Church, in her ministers and USCCB, in regard to best practices in in her faithful. When situations of preventing and dealing with sexual scandal [and sin] arise, especially on abuse of minors and vulnerable the part of the Church’s ministers,” persons, and sexual misconduct we promise to “act firmly and with or sexual harassment of adults, decisively, justly and serenely” seeking the help of experts in (Apostolorum successores, no. 44). We these fields. commit ourselves “to ensuring that 10. Finally, when proposing names for those who state that they have been the office of bishop, we will offer harmed, together with their families, candidates truly suitable for the are to be treated with dignity and episcopacy. “For a bishop as God’s respect, and, in particular, are to be: steward must be blameless, not welcomed, listened to and supported, arrogant, not irritable, not a drunkard, including through provision of specific not aggressive, not greedy for sordid services; offered spiritual assistance; gain, but hospitable, a lover of offered medical assistance, including goodness, temperate, therapeutic and psychological just, holy, and assistance, as required by the specific “We will self-controlled…” case” (Vos estis lux mundi, art. 5, §1). (Titus 1:7-8). imitate We understand “scandal” not only In his personal letter Christ, in terms of how such allegations to the U.S. bishops in damage the image of the Church, but the Good January 2019, Pope more so in how such sinful behavior Francis reminded us Shepherd.” injures the victim and causes others that the consequences to lose faith in the Church. Our first of our failures cannot be fixed by being response will be to provide for the administrators of new programs or pastoral care of the person who is committees. They can only be resolved by making the allegation, as well as humility, listening, self-examination, and follow the established church and civil conversion. It is our hope that by obeying procedures to investigate. This will be the Word of God and embracing what done in cooperation with lay experts the Church expects of us, we will imitate and civil authorities. Christ, the Good Shepherd. 9. We will “participate, whenever possible, in formation gatherings O

15 Protocol Regarding Available Non-Penal Restrictions on Bishops

The document Protocol Regarding Available Non-Penal Restrictions on Bishops was developed by the Committee on Canonical Affairs and Church Governance of the United States Conference of Catholic Bishops (USCCB). It was approved by the full body of bishops as a formal statement of the same at its June 2019 General Meeting and has been authorized for publication by the undersigned.

Msgr. J. Brian Bransfield, STD General Secretary, USCCB

1. During his Apostolic Journey to the I am deeply pained by the United States, Pope Francis spoke stories, the sufferings and these words to the pain of minors who were victims of sexual sexually abused by priests. I abuse by members “Clergy continue to be ashamed that of the clergy, words persons charged with the tender that must urgently and bishops care of those little ones abused become and remain will be held them and caused them grave our own: “I deeply harm. I deeply regret this. regret that some accountable God weeps.2 bishops failed in when they Pope Francis went on to say that their responsibility the crime of sexual abuse of minors to protect abuse or fail may no longer be kept hidden and children. It is very to protect he has committed to ensure that the disturbing to know Church makes every effort to pro- that in some cases children.” tect minors, and promised that those bishops even were responsible will be held to account. He abusers. I pledge likewise said, to you that we will follow the path of truth wherever it may lead. Clergy and Survivors of abuse have bishops will be held accountable when become true heralds of hope they abuse or fail to protect children.”1 and ministers of mercy; hum- bly we owe our gratitude Immediately following the meeting to each of them and to their with victims, Pope Francis addressed families for their great cour- these words to bishops: age in shedding the light of

1 Francis, Meeting with Survivors of Sexual Abuse, September 27, 2015: Origins 45/19 (October 8, 2015) 341. 2 Francis, Meeting with Bishops Taking Part in the World Meeting of Families, September 27, 2015: Origins 45/19 (October 8, 2015) 341. 16 Christ on the evil sexual abuse act promptly, according to the of minors.3 established canonical norms, for the spiritual good of the persons In issuing this Protocol, we affirm that involved, for the reparation of the vast majority of bishops emeriti scandal, and for the protection exercised their episcopal ministry with and assistance of the victims.5 pastoral charity and for the good of the Church. Indeed, we echo the words 2. This Protocol provides for a manner of St. John Paul II that, “The whole of accountability for a bishop emeritus Church has great respect for these our who resigned or was removed from his dear Brothers who are still important ecclesiastical office due to grave acts of members of the , commission or omission (as stipulated and is grateful for the pastoral service in the Code of Canon Law, the Apostolic which they rendered and continue Letter motu proprio Sacramentorum to render by putting their wisdom sanctitatis tutela, the Apostolic Letter and experience at the disposal of motu proprio As a Loving Mother, and the community.”4 the Apostolic Letter motu proprio Vos estis lux mundi), or who subsequent to At the same time, situations may arise his resignation is found by competent that will require a to ecclesiastical authority to have so acted take appropriate action for the good or failed to act.6 of souls, including the protection of victims, or for the unity of the This form of accountability would be local Church. implemented by the diocesan bishop who is his successor, a diocesan [T]hrough his paternal and bishop in whose jurisdiction the watchful care, the Bishop can- bishop emeritus resides or in which he not ignore or leave undone the seeks to minister, or by the episcopal task of holding up to the world conference, within the existing limits the great truth of a holy and of their authority, and in light of any chaste Church, in her ministers measures already imposed by the and in her faithful. When situa- Apostolic See. tions of scandal arise, especially on the part of the Church’s 3. The term “bishop emeritus” in this ministers, the Bishop must act Protocol refers to any bishop (e.g., firmly and decisively, justly and diocesan bishop, bishop, serenely. In these lamentable ) whose resignation cases, the Bishop is required to from office has been accepted by the

3 Ibid. 4 John Paul II, Post-Synodal , Pastores Gregis, October 16, 2003, no. 59. 5 Congregation for Bishops, Directory for the Pastoral Ministry of Bishops “Apostolorum Successores,” February 22, 2004, no. 44. 6 Francis, motu proprio As a Loving Mother, Art. 1 §1, June 4, 2016: AAS 108 (2016) 715. English translation in Origins 46/9 (June 30, 2016) 132: “through negligence committed or through omission facilitated acts that have caused grave harm to others, either to physical persons or to the community as a whole. The harm may be physical, moral, spiritual or through the use of patrimony.” 17 Holy Father due to age,7 or for a grave Emeritus always carries out his cause,8 or who was removed from his activity in full agreement with office by the Holy Father for similar the diocesan Bishop and in defer- reasons, or who subsequent to his res- ence to his authority. In this way ignation is found by competent eccle- all will understand clearly that siastical authority to have so acted or the diocesan Bishop alone is the failed to act. When an issue relates to a head of the diocese, responsible bishop emeritus who remains a mem- for its governance.10 ber of the , the Therefore, in cases where a bishop diocesan bishop concerned will confer emeritus’s resignation or removal was directly with the Apostolic Nuncio due to the sexual abuse of a minor,11 regarding the needs of the local sexual misconduct with an adult or Church and the exercise of any rights grave negligence of office, or where in law by that bishop emeritus. subsequent to his resignation he was 4. The Directory for the Pastoral Ministry of found by competent ecclesiastical Bishops stipulates that, “The relation- authority to have so acted or failed to ship between the diocesan Bishop and act, the diocesan bishop can, within the the Bishop Emeritus should be marked limits of canon law, restrict the bishop by a fraternal spirit which flows from emeritus’s public ministry in the local their membership in the one episcopal Church. In such circumstances, the college, from their common apostolic diocesan bishop, who is responsible mission, and also from their shared for the affairs of the diocese, should affection for the particular Church.”9 It also seek the cooperation of the then emphasizes a particular witness to bishop emeritus. Moreover, the bishop this fraternal relationship when it says: emeritus will at all times agree to adhere fully to all requests and directives of For his part, the Bishop Emeritus the diocesan bishop regarding his life will be careful not to interfere in and ministry inside and outside of any way, directly or indirectly, the diocese of residence. The diocesan in the governance of the diocese. bishop will advise the bishop emeritus He will want to avoid every that the measures are for the good of attitude and relationship that those who have been harmed, the good could even hint at some kind of of the bishop emeritus himself, the good parallel authority to that of the of the Church, and the common good of diocesan Bishop, with damaging all persons. consequences for the pastoral life and unity of the diocesan com- 5. Should the bishop emeritus not agree munity. To this end, the Bishop to do so, however, the diocesan bishop

7 CIC, c. 401 §1. 8 CIC, c. 401 §2. 9 Directory for the Pastoral Ministry of Bishops, no. 226. 10 Ibid. 11 In cases where the sexual abuse of a minor was involved, Sacramentorum sanctitatis tutela, Art. 1 §2 applies. 18 can take measures within his compe- of God everywhere, a diocesan bishop tence, and strongly request further and can expressly forbid it in particular swift intervention from the Apostolic cases within his diocese.12 The dioce- See regarding matters outside san bishop concerned can also request his competence. that the competent Dicastery of the Apostolic See extend this prohibition 6. In all cases, the diocesan bishop will more broadly or deny the exercise of duly cooperate with civil authorities, the right entirely. including any reporting required by laws of the state, and will promptly 9. The bishop emeritus also possesses the notify the Apostolic See through the canonical right to administer the sac- Apostolic Nuncio of all such steps. raments in accord with the provisions of universal law. However, a diocesan 7. In addition, the diocesan bishop will bishop can prohibit the bishop emer- inform the bishop emeritus that public itus from conferring the sacrament of notice will be given of the situation confirmation within the diocese by and of any measures accepted by stating expressly that he has no per- or applied to the bishop emeritus, mission to do so.13 recalling the promise of Pope Francis that those responsible will be held The bishop emeritus possesses by law accountable. to issuing such the of hearing the confessions public notice, the diocesan bishop of the faithful anywhere in the world. will inform the Apostolic Nuncio of Nevertheless, a diocesan bishop can his communications with the bishop deny this even to a bishop emeritus in 14 emeritus, and will confer with the a particular case. He can also request Apostolic Nuncio on the measures that the Apostolic See extend this to be imposed. They may include a restriction more broadly. statement to the effect that the bishop The bishop emeritus can be denied emeritus does not represent the diocese the delegation necessary to wit- in any fashion or act on its behalf, and ness marriages.15 he is not to make public statements about alleged offenses, since these 10. As the case may warrant, and within could result in further harm to victims the limits of canon law, the dioce- or be detrimental to the faithful. The san bishop can request of the bishop diocesan bishop is likewise to inform emeritus, in writing, that he refrain his bishops of the matter from the public celebration of other sacraments or rites of the Church and, through the President of the USCCB. should the bishop emeritus refuse, the 8. Although a bishop emeritus possesses diocesan bishop can seek the interven- the canonical right to preach the Word tion of the Apostolic See.

12 CIC, can. 763. 13 See CIC, can. 886 §2. 14 CIC, can. 967 §1, with due regard for the provision of CIC, can. 976. 15 See CIC, can. 1108 §1. 19 11. The bishop emeritus possesses cer- Emeritus has the right to receive tain canonical rights in relation to the sustenance from the diocese particular Church. These, too, should in which he served.”18 The always be exercised or fulfilled in the USCCB has issued Guidelines spirit of the fraternal bond that unites for the Provision of Sustenance the diocesan bishop and the bishop to Bishops Emeriti. This text is emeritus in service to the Church and not normative. It is meant to the faithful. This again includes adher- be a resource for the diocesan ence on the part of the bishop emeritus bishop in determining suitable to the requests or directives of the sustenance in light of the diocesan bishop. particular circumstances of the diocese and the bishop emeritus. a. “The Bishop Emeritus, if he so Thus, the diocesan bishop can desires, may continue to live adjust the benefits given to a within the boundaries of the bishop emeritus. For instance, diocese which he served. If he has the diocesan bishop can decide not made his own arrangements, that no funding for travel the diocese must provide him or secretarial assistance is to with suitable accommodation.”16 be provided. However, the diocesan bishop can c. “The Bishop Emeritus has provide specific accommodations the right to be buried in his in light of local circumstances own cathedral church or, if he and the situation of the bishop is a religious, in a cemetery emeritus. Moreover, should the belonging to his institute.”19 pastoral good of the diocese However, the diocesan bishop or the bishop emeritus himself will prudently decide based on demand it, the diocesan bishop local circumstances where the can request that the Apostolic See bishop emeritus will be buried. provide that the bishop emeritus reside outside of the diocese.17 12. Regarding the participation b. The diocesan bishop should of the bishop emeritus in this advise the bishop emeritus Episcopal Conference, although the regarding his sustenance and USCCB Statutes do not categorize retirement benefits. “The Bishop bishops emeriti as members of the

16 Directory for the Pastoral Ministry of Bishops, no. 228 a). See also CIC, can. 402 §1. 17 CIC, can. 402 §1. 18 Directory for the Pastoral Ministry of Bishops, no. 228 b). See also CIC, can. 402 §2. 19 Directory for the Pastoral Ministry of Bishops, no. 228 d). See also CIC, can. 1242. 20 Conference,20 they “are encouraged from his office due to sexual abuse and invited to attend all sessions of of minors, sexual misconduct with the Plenary Assembly and to make adults, or grave negligence in office, available to the Conference their special or who subsequent to his resignation wisdom and experience by speaking to was found by competent ecclesiastical issues at hand (AS 17).” The President authority to have so acted or failed to of the USCCB, in consultation with the act, is not to be invited to attend the Administrative Committee, can instruct Plenary Assembly or to serve on any the General Secretary that a bishop USCCB body. emeritus who resigned or was removed O

20 The USCCB Statutes, in Article II, a) are clear on the membership of the conference. Article II, a) contains an exhaustive list of these members: 1) Bishops of the Latin and Eastern Catholic Churches who are diocesan and eparchial bishops, , or auxiliaries in the service of the particular Churches in the United States or the U.S. Islands and who belong to no other episcopal conference (c. 450 §1; AS [Apostolos Suos] 17); 2) Bishops who are performing a special work entrusted to them by the Episcopal Conference or by the Apostolic See in the service of the Church in the United States or its territories and who belong to no other episcopal conference (AS 17); 3) Those equivalent to diocesan and eparchial bishops in law (CIC, cc. 381, 368; CCEO, cc. 178, 313). 21 Copyright © 2019, United States Conference of Catholic Bishops, Washington, DC. All rights reserved. Vos estis lux mundi copyright © 2019, Libreria Editrice Vaticana, State. All rights reserved. Used with permission.