EIGHTH IN A SERIES ON CANON LAW

The Role of the Diocesan Bishop Fr. Francis G. Morrisey, OMI, PhD, JCD IN RELATION TO CATHOLIC HEALTH CARE

What are the responsibilities of sick." The encouragement is for mutual Editor's Note: Leaders diocesan bishops as stated in the cooperation and communication. The spe­ cific situation of communicatio in sacris(c. of Catholic health care Ethical and Religious Directives for 844, para. 4), allowing reception of sacra­ organizations differ Catholic Health Care Services? ments by non-Catholics, is a direct action since the canon explicitly calls for a judge­ from leaders of other- ment to be made by the diocesan bishop; he responsibilities of the diocesan than-Catholic ones in the other responsibilities cited appear to be bishop fall into several categories: "remote" and in the realm of "supervision" that their work is Tgeneral oversight (General or "communication." Introduction); pastoral appointments bound by both civil law (Directives 21 and RESPONSIBILITY FOR PASTORAL APPOINTMENTS and the canon law of 22); ethical standards While the terms "local bishop" and "dioce­ (Directive 37); and san bishop" are used, both references are the Catholic Church. Catholic identity, to the bishop of the diocese in which the reputation, and Because this is so, facility is located. It is not clear how these adherence to directives are intended to relate to canon leaders of Catholic Catholic teaching 565, which deals with chaplains. Directive (Directives 67, 68, organizations should 21 refers to "approval or confirmation," By BARTBARA ANNE and 71). When one but the canon speaks of "appointment" know something about CUSACK, JCD is reviewing the role of chaplains (presuming this is the office Dr. Cusack is of the bishop, the being referred to here) and does not canon law. chancellor, first question to ask require that the diocesan bishop make the in each case is Toward this end, Archdiocese of appointment; a local ordinary (i.e., a vicar Milwaukee, " Which diocesan general or episcopal vicar, in addition to Health Progress is Milwaukee, WI. bishop has this diocesan bishop) may make such an responsibility?" It appointment. offering its readers a could be the bishop of the diocese in which With regard to the director of the pas­ the health care institution is located, or it series of articles on toral care staff, it is not clear who makes the could be the bishop who has jurisdiction appointment, only that the diocesan bishop canon law under the over the hospital. is to be "consulted." Reference in Directive general editorship of a 22 to a "diocesan policy" would imply GENERAL OVERSIGHT action on the part of the diocesan bishop, well-known expert in All references in the General Introduction since he is the only promulgator of dioce­ are to "diocesan bishop," and the context the field, Fr. Francis san, particular law (presuming a "policy" indicates that the diocesan bishop in ques­ has the binding force of law). The G. Morrisey, OMI, tion is the bishop of the diocese in which "approval" by the diocesan bishop of some­ the particular health care facility is located. PhD, JCD, professor of one other than a Catholic to be appointed He is to "foster the mission of Catholic as director of pastoral care refers to the canon law, Saint Paul health care," "encourage the faithful to bishop of the diocese where the facility is greater responsibility in the healing ministry located. Again, it is not clear who actually University, Ottawa, of the Church," "ensure the moral and reli­ makes the appointment. It would be gious identity of the health care ministry," Ontario. important, since some of the terminology and "oversee the sacramental care of the in these directives is reflective of the lan-

64 • JULY - AUGUST 2006 HEALTH PROGRESS HEALTH ASSOCIATION

guage surrounding ecclesiastical office, flE to make a determination of what is intended.

RESPONSIBILITY FOR ETHICAL STANDARDS The reference is clearly to the bishop of the diocese where the facility is located. It is not clear whether this bishop is to articulate these standards for consulta­ tion, or, rather, to judge whether stan­ dards established by a health care agen­ cy are sufficient.

RESPONSIBILITY FOR CATHOLIC IDENTITY, REPUTATION, AND ADHERENCE TO CATHOLIC TEACHING Sha^d Statement of Identity All references, the context suggests, are to the bishop of the diocese where the For the Catholic Health Ministry facility is located. The direct involve­ ment of this diocesan bishop in the actual decision making, (e.g., his e are the people ol Catholic health care, a ministry ol the approval to proceed with a partner­ church continuing Jesus mission ol love and healing today. ship), occurs only in cases in which the institution in question is subject to his W As provider, employer, advocate, citizen—bringing together jurisdiction. Such would be the case people ol diverse Iaiths and backgrounds— our ministry is an enduring with a hospital owned and operated by sign ol health care rooted in our beliel that every person is a treasure, the diocese, or a facility under the sponsorship of a religious institute of every lile a sacred girt, ever)' human being a unity ol body, mind, and spirit. diocesan right. In other cases, when the diocesan We work to bring alive the Gospel vision oi justice and peace. We bishop does not have such jurisdiction, answer God s call to loster healing, act with compassion, and promote his role is more passive in that he is to wellness lor all persons and communities, with special attention to our indicate that he will or will not stand in the way. It is not clear who, in this lat­ neighbors who are poor, underserved, and most vulnerable. By our ter case, actually gives the "approval" service, we strive to translorm hurt into hope. '^r to proceed. Although Directive 71 refers to the diocesan bishop's respon­ sibility to "assess and address" situa­ As the churcns ministry ol health care, we commit to: tions in which scandal has occurred or Promote and Delend Human Dignity could occur, it does not explicitly state that he has the authority to issue a Attend to the Whole Person directive if the institution is not under Care lor Poor and Vulnerable Persons his jurisdiction. Promote the Common Good FLUIDITY MAY BE BENEFICIAL Act on Behall ol Justice The practical application of the Steward Resources Directives still needs time to develop. As issues arise, the Directives lack of Act in Communion with the Church specificity is sometimes evident. Given the evolving nature of health care issues and institutions these days, some fluidity 1 The Catholic Heulth Association oi the United States in interpretation may be beneficial. •

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