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Rockville Centre diocese challenges Child Victims Act over due process

November 15, 2019 CNA Daily News 1

Rockville Centre, N.Y., Nov 15, 2019 / 01:31 pm (CNA).- The Diocese of Rockville Centre filed a suit challenging New York’s Child Victims Act on Tuesday, claiming it is barred by the due process clause in the state constitution.

The act opened a one-year window for adults in the state who were sexually abused as children to file lawsuits against their abusers. It also adjusted the statute of limitations for both pursuing criminal charges and civil suits against sexual abusers or institutions where the abuse took place.

The diocese’s motion, filed Nov. 12 in the New York Supreme Court in Nassau County, says that “the Due Process Clause allows the legislature to revive formerly time-barred claims only where they could not have been raised earlier,” which it adds “is not so here.”

“The formerly time-barred claims revived by the legislature pursuant to the Child Victims Act all could have been brought within the then-applicable three- or five-year period, after plaintiffs attained the age of majority,” according to the diocese.

The diocese added that the state Court of Appeals “has held that the Due Process Clause allows for the exercise of what it has characterized as an exceptional legislative power ‘to remedy an injustice’ created by circumstances that prevented the assertion of a timely claim.”

It said claims under the Child Victims Act “do not fit within the scope of this narrowly circumscribed legislative authority.”

The one-year window opened Aug. 14.

The Child Victims Act was signed into law Feb. 14 by Gov. Andrew Cuomo. In addition to opening a one-year window for suits, it allows child abuse victims to file criminal charges up to age 28, and lawsuits up to age 55. Previously, they had until the age of 23 to file charges or a civil claim.

Other New York dioceses have not indicated they would challenge the act.

Sean Dolan, spokesman for the Rockville Centre diocese, said the diocese is committed to providing “pastoral care and equitable compensation” to child sex abuse victims through its independent reconciliation and compensation program.

As of August, that program had paid a little more than $50 million to 277 claimants since its 2017 institution. Between 75 and 80 claims were still being processed, and 370 people had filed claims with the program.

The spokeman added that “the diocese supported the CVA as a mechanism for all survivors of sexual abuse to seek redress through the court system for sexual abuse – that took place in any organization, municipality or organization. At the same time, the diocese supports the rule of law and, in particular, the rights of all citizens of this state to have access to the courts and to invoke the protections afforded to all of them by our laws of civil procedure and the New York state Constitution. The diocese’s motion and its brief present these important issues to the judiciary for resolution.”

The Times Union reported Nov. 13 that nearly 1,100 cases have been filed under the Child Victims Act.

The day the one-year lookback was opened, Bishop Robert Guglielmone of Charleston was named in a lawsuit accusing him of sexually abusing a young man while he was a priest of the Rockville Centre diocese, starting in 1978. The bishop has said he is innocent of the accusation.

In January, Dennis Poust, director of the New York Catholic Conference, told CNA the conference had not opposed the final version of the act, which provided the same protections for child abuse victims in public insitutions, including schools, as it did for private institutions.

Earlier versions discriminated between public and private institutions, but once that was amended “the conference dropped any opposition to its passage,” he said.

When the bill was passed, the New York bishops issued a joint statement saying, “We pray that the passage of the Child Victims Act brings some measure of healing to all survivors by offering them a path of recourse and reconciliation.”

The Diocese of Rockville Centre said Aug. 14 that it “takes seriously and investigates all allegations of sexual abuse … While the ultimate effects of the Child Victims Act on the Diocese of Rockville Centre and its parishes are not yet known, and may not be known for some time, we expect the daily work of the diocese’s many ministries to continue uninterrupted. Bishop Barres and his leadership team at the Diocese of Rockville Centre have been working for months with financial and legal experts to prepare for this day.”

In preparing for the one-year window, the diocese created an independent advisory committee in May “to review its financial position and related party transactions.”

“The diocese has diligently prepared over the last several months to meet the challenges presented by the Child Victims Act, while ensuring it continues to meet its responsibilities to parishioners and its ministries. The diocese also continues its efforts to extend to survivors of abuse: pastoral care, healing and support services,” it stated.

Bishop John Barres of Rockville Centre said Aug. 11 that “we have worked diligently with our financial and legal advisors to assess our financial position and maximize the availability of insurance coverage to meet the demands that will likely be imposed by anticipated CVA litigation.”

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News Briefs

Catholic group to start holistic addiction recovery home in Kentucky 

November 14, 2019 CNA Daily News 0

Lexington, Ky., Nov 14, 2019 / 03:12 am (CNA).- A Kentucky diocese is leasing a tenantless building to a Catholic charity to create a holistic recovery program for people in the area struggling with drug addictions.

“It’s an exciting possibility,” said Jenny Ramsay, co-founder and director of Catholic Action Center (CAC), the homeless service agency in Lexington which will be helping run the new program.

“Our [clients] need it so desperately … This place is welcoming, and it includes the holistic approach with environmental sustainab[ility],” she told CNA.

The Diocese of Lexington announced Friday that the Catholic Action Center is beginning a three-year lease on the Cliffview Retreat and Conference Center in Lancaster. The facility will be known as Divine Providence Way at Cliffview, and CAC will have an opportunity to purchase the property at the end of the lease.

The Catholic Action Center will be in charge of developing a holistic environment for the addiction recovery center. This will include recreational therapy, such as music and art. The medical side of the recovery efforts will be run by Mountain Comprehensive Care, a mental health and addiction center based in eastern Kentucky that has partnered with CAC for the past two years.

The program will also offer job training through Bluegrass Community and Technical College, which will take place at a specific satellite campus for the beneficiaries. There, the clients will have access to educational opportunities including culinary art, sustainable living, building and maintenance, and information technology.

Ramsay said the building and maintenance program will focus on skills like carpentry and solar panel installation. She said the IT program will teach some basic coding and other entry-level IT skills.

The program will be environmentally sustainable, Ramsay said, relying on green energy from solar panels and incorporating beehives, chicken coops, and greenhouses.

“We are creating the environment at Cliffview, which will include sustainable agriculture. Holistic care of the people includes the fact that their environment needs to be something that renews them,” she said.

“We’re human beings and we all have different brokenness, but we all relate and can be healed through [a holistic approach] … We’re not going to say that one size fits all, but when we engage with the earth and engage the mind, body, and spirit, then changes happen,” she added.

The idea for Divine Providence Way was developed after staff members at the Catholic Action Center witnessed a need for greater addiction care among the homeless population.

The initiative comes amid an ongoing opioid crisis in the United States. Kentucky has been among the states hit hardest by the epidemic. From 2012-2017, more than 6,700 overdose deaths were reported in the state, according to data from the Kentucky Office of Drug Control Policy. In 2017,  Kentucky had a drug overdose rate of 37.2 deaths per 100,000 people, the fifth-highest in the country, according to the Centers for Disease Control and Prevention.

“We see the individuals, we see the overdoses, we see the challenges,” said Ramsay, when asked about the opioid crisis.

Founded in 2000, the Catholic Action Center is an initiative inspired by Dorothy Day and the Catholic Worker Movement. According to its website, the organization has served more than 5.5 million meals and distributed over 2.5 million items of clothing. The agency has also covered 90 funerals for clients who had no families.

Ramsay stressed that it is a Christian’s duty to care for all people, even those struggling from addiction and currently abusing drugs. She said it is an example set by Christ.

“As Catholic Christians, we’re called to address [this] and to…help those in need,” she told CNA. “Knowing that we may have the opportunity to help others in a unique situation, we couldn’t turn our back on [them].”

“Jesus said feed the hungry, give drink to the thirsty. He didn’t say feed the hungry who are sober,” she added.

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What people with intellectual disabilities can teach us about friendship

November 13, 2019 CNA Daily News 0

South Bend, Ind., Nov 14, 2019 / 12:38 am (CNA).- When French Catholic Jean Vanier brought two men with intellectual disabilities to live with him in his home, he did so more out of a sense of religious duty than anything else.

But as time went on, he began to realize that what the men needed was not help, but friendship. In the founding of his L’Arche (The Ark) homes for people with intellectual disabilities, friendship became the pillar of what those communities were and are all about.

“In short, Vanier had discovered they shared a common world,” Professor Stanely Hauerwas said in his keynote address on Nov. 8 at the University of Notre Dame’s annual conference sponsored by the De Nicola Center for Ethics and Culture.

Hauerwas, a theologian and the Gilbert T. Rowe professor emeritus with joint appointments at Duke divinity school and Duke law school, was a personal friend of Vanier, who died at the age of 90 earlier this year.

“I don’t know where we would be without such witnesses today. It’s remarkable,” Hauerwas said of his friend.

In L’Arche homes, core members are permanent residents who have intellectual and other disabilities, while assistants are adults and trained caregivers who live in L’Arche communities with the core members, typically for a one-year commitment at a time.

As the L’Arche website states, being an assistant is primarily about being a friend.

“In the communities of L’Arche, we live and journey together, men and women with disabilities and those who feel called to share their lives with them,” Hauerwas said.

“We are all learning the pain and joy of community life where the weakest members open hearts to compassion and lead us into deeper union with Jesus. We are learning to befriend them, and through and with them to befriend Jesus.”

Friendship with people with disabilities is often hindered by fear and false perceptions on the part of non-disabled people, Hauerwas noted.

“We are fragile creatures whose vulnerabilities produce fears that make our being befriended by the disabled frightening,” Hauerwas said.

This is in large part because people with disabilities have the gift of honesty, Hauerwas said – they are unimpressed by accolades and accomplishments, and are only interested in you as yourself.

“Such fears do not go away, even if we have been befriended by the disabled. That is why, as I will suggest, that friendship must be communal because only a community who is made of those aware of their limits can create the peaceful space for all to flourish, disabled and abled alike.”

The false assumption that people with disabilities are suffering can hinder friendship with these people, Hauerwas noted.

“As (Brian Brock, an author on disability) points out, ironically, those who are severely intellectually disabled do not struggle with their disability because they’re wondrously free from pondering what others suppose them to lack,” Hauerwas said.

“Brock is challenging the presumption that those who are labeled intellectually disabled suffer from being intellectually disabled. They suffer from the attitudes and behaviors of those who imagine how they would feel if they were intellectually disabled. In short, we project on the disabled how we think we would regard our lives if we were them,” he said.

“But because people who are mentally disabled are not people other than who they are, they accordingly can and do enjoy who they are,” he added.

Brock, whose own son Adam has Down syndrome and is autistic, notes in his writings that knowing Adam has led him to a deeper theological understanding of what it means to accept the gift of people with intellectual disabilities.

“(Brock) understands the Christian Gospel to offer a way of life that enables our ability to live as vulnerable beings who have made peace with our limits and are able to delight in the unexpected,” Hauerwas said.

“Such a way of life can be joyous and free because we seek no longer to be gods, but to be content, to be creatures whose flourishing does not mean we will not suffer, but as the stories of scriptures often make clear, it is through suffering and vulnerability that we discover our place in God’s story.”

Throughout his life, Vanier testified to the real friendships he had with his friends with disabilities. Some people still doubt whether such friendships were possible, because they believe that friendship necessitates an equality in agency, Hauerwas noted. He then provided several examples of stories of friendship between assistants and core members, or the family members of the disabled, to show how such friendships are possible.

“Vanier’s friendships with the core members with whom he lived stands as a stark reminder that friendship between people who are intellectually disabled, and those that are not, is an actual reality,” Hauerwas said.

Hauerwas drew several examples from Patrick McInerney, an English anthropologist who lived for 15 months in a L’Arche home and wrote of his experiences in a paper entitled: “Receiving the gift of cognitive disabilities: recognizing agency in the limits of the rational subject.”

McInerney, not unlike Vanier at the beginning of his work, started at L’Arche presuming that the core members did not have agency like non-disabled people.

“He encountered Rachel who was making random hand gestures. Sarah who was rolling herself around and around in her wheelchair. And Martha, who spoke constantly but did not seem to make sense. McInerney assumed such women were incapable of active engagement with the world,” Hauerwas said.

But he eventually came to see these women in a different light, and realized that their agency comes from their own acknowledgment of their vulnerabilities and dependency on others.

In one example, Maria, a long-term assistant, told McInerney about an experience with core member Sarah, who could not communicate verbally. Maria was given the task of bathing Sarah, but was having difficulties.

“Maria confesses she did not know what she was doing. But she assumed that neither did Sarah know what she was doing. Finally, however, after some time, Maria figured how to help Sarah bathe herself. She (later said) to Sarah: ‘And you just sat there very patiently and quietly letting me make error after error. When I finally worked out what the right thing to do was, you looked at me dead in the eye and then you laughed at me,’” Hauerwas said.

“Through these exchanges, the core members’ gifts of the heart are discovered,” he added.

In another story of friendship and encounter, Hauerwas recalled Hilary, an assistant who watched a core member smiling and swaying and enjoying herself in front of a full-length mirror. Hilary said she realized that Sarah was not able to care whether other people might consider this behavior self-obsessed, and so she was free to love and enjoy herself.

“Sarah really loves herself and she helps me to start loving myself,” Hilary told McInerney.

The lessons learned from accepting one’s life as a gift, and accepting others’ lives – including those with disabilities – as a gift, leads to a system of ethics that stands in stark contrast to ethicists like Peter Singer, who believes that people with disabilities are of limited moral value to society, Hauerwas noted.

The lives of people with intellectual disabilities “have more in common with unruly saints of the Church, according to McInerney, than the rational agents such as Peter singer assumes. Those who have learned to be their friends, friends with people like Sarah, value the way they transgress assumed norms of behavior and express the value of a liminal community.”

“I think that my own view is that if in a hundred years Christians are identified as those people who do not kill their children or their elderly, we’ll have done a pretty good job, but that’s the challenge,” Hauerwas said.

In one final example of friendship, Hauerwas recalled the friendship between a core member Eric and Vanier. Eric was blind, deaf and could not speak, but Vanier knew he could still communicate through touch.

“That is what they did day after day. They held and washed his body with respect and love. Slowly but surely they were able to communicate with him and he communicated with them,” he said.

Vanier reflected on this friendship “by suggesting what Jesus commands us to do is to be befriended by the weak those in need, the lonely.”

“For when the poor, the weak and the lonely claim us as friends, they prevent us from falling into the trap of power, especially the power to do good,” Hauerwas said. “To be befriended by the poor and the disabled saves us from the presumption we must save the savior and the church.”

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Ohio bill would target proposal on abortion reversal notification

November 13, 2019 CNA Daily News 0

Columbus, Ohio, Nov 13, 2019 / 03:20 pm (CNA).- Two Democratic lawmakers in Ohio have introduced legislation that would prohibit the state from requiring doctors to provide patients with information that is not recognized by expert medical associations or supported through peer-reviewed research.

The bill challenges another piece of proposed legislation in the state, which would require physicians to inform patients seeking a medication abortion about the possibility of an abortion reversal. Supporters of the abortion reversal protocol argue that initial research indicates it increases the survival rate of a baby after the first part of a two-pill medical abortion regimen has been administered, without risk of harm to the mother or baby.

On Nov. 12, State Reps. Beth Liston (D-Dublin) and Allison Russo (D-Upper Arlington) introduced a bill that would prevent the state from requiring doctors to give patients information that they deem to be lacking evidence-based support, peer-reviewed research, or backing from medical organizations, as well as information they consider inappropriate for the patient’s circumstances.

“Government shouldn’t force healthcare providers to lie to their patients,” Liston said. “People should be able to trust their doctors and nurses to give them accurate and complete information.”

Earlier this month, the Ohio senate passed a bill that would require doctors administering medication abortions to inform women about the option to pursue an abortion reversal if they changed their minds.

Liston criticized that legislation in May, saying it was based on inaccurate medical information and “an extreme ideology.”

“Abortion pill reversal is not true medicine,” Liston said at the time. “This is legislation that interferes with standard practice and inappropriately puts politicians between doctors and patients.”

Other states – including Arkansas, Idaho, Kentucky, South Dakota, Oklahoma, Nebraska and Utah – have passed laws requiring that patients undergoing medication abortions receive information about the possibility of a reversal. These laws have frequently been met with legal challenges.

Medication abortions have become an increasingly common method of abortion in the United States, making up 30-40% of all abortions.

Medical abortions involve the taking of two pills – the first pill, mifepristone (RU-486) blocks the progesterone hormone, which is essential for maintaining the health of the baby. The second pill, misoprostol, is taken 24 hours after mifepristone and works to induce contractions in order to expel the baby.

Some women, after taking the first pill (mifepristone), experience regret and do not want to follow through with the abortion by taking misoprostol.

The abortion reversal protocol, administered after the mifepristone is taken, floods a woman’s system with more progesterone, in the hopes of overriding the progesterone-blocking effects of the drug she has in her system.

A study published in April 2018 in Issues in Law and Medicine, a peer-reviewed medical journal, examined 261 successful abortion pill reversals, and showed that the reversal success rates were 68% with a high-dose oral progesterone protocol and 64% with an injected progesterone protocol.

Both procedures significantly improved the 25% fetal survival rate if no treatment is offered and a woman simply declines the second pill of a medical abortion. The case study also showed that the progesterone treatments caused no increased risk of birth defects or preterm births.

The study was authored by Dr. Mary Davenport and Dr. George Delgado, who have been studying the abortion pill reversal procedures since 2009. Delgado also sits on the board of the American Association of Pro-Life Obstetricians and Gynecologists.

Delgado told the Washington Post that he thinks more research should be done on abortion pill reversal, but that he believes there should be nothing to stop doctors from using the progesterone protocol in the meantime.

“(T)he science is good enough that, since we have no alternative therapy and we know it’s safe, we should go with it,” he said.

Advocates of the abortion reversal protocol stress that progesterone is a naturally occurring hormone in pregnant women that has been used for decades to treat women at risk of miscarriage.

Nurse practitioner Dede Chism, co-founder and executive director of Bella Natural Women’s Care in Englewood, Colo., stressed that hundreds of successful abortion pill reversals that have been documented in the U.S., without evidence of risk to the mom or baby.

Chism told CNA last year that it is common practice in medicine to share information about protocols that have yet to undergo even more rigorous prospective studies, if they have been shown to be safe and effective in case studies.

“We’re not causing harm, and even if the possibility of saving a baby is small, even if the population who desires it is small, is it not worth it to recognize it?” she said. “Isn’t it beautiful that there could be a possibility that just maybe could change and help you out when you’ve made a decision that you’ve regretted?”

“To be able to tell a patient that it may be possible in some circumstances to reverse an abortion pill, I think that is simply informed consent,” she added.

 

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