Pros and Cons of LDS Church Mandated Abuse Reporting
A Comparative Legal, Theological, Empirical, and International Analysis for an Interfaith Audience
Prepared for publication on mormontruth.org. This white paper is informational and does not constitute legal advice.
Abstract
Executive Summary
- Mandated reporting can save children by triggering faster investigations and stopping ongoing abuse. The Arizona case illustrates risks when clergy do not report.2
- But expanded mandates can also harm when overbroad: research shows universal mandates increase unsubstantiated reports and burden systems without improving substantiated safety outcomes; they can deter victims and families from seeking help.178
- U.S. statutes vary widely. Some states require clergy to report with no privilege exceptions (e.g., New Hampshire, West Virginia). Others mandate reporting but preserve a clergy‑penitent privilege for confessions. Litigation is active (e.g., Washington State 2025 injunction protecting the Catholic seal of confession).91011
- LDS theology has no sacramental confession analogous to Catholic practice, but communications in pastoral counseling are often covered by clergy‑penitent privilege under state evidence law. Church materials emphasize a victim‑first, safety‑first approach and compliance with law.1213
- Internationally, several Australian jurisdictions require clergy to report even confessional disclosures; the UK is rolling out a mandatory duty to report child sexual abuse; France has debated confession‑seal limits after abuse inquiries.141516
- Recommendation in brief: Adopt a global, church‑level policy that (1) treats immediate victim safety as paramount; (2) requires reporting where civil law mandates it; (3) empowers leaders to encourage and assist reporting even when not mandated; (4) separates pastoral care from investigations; (5) standardizes training; and (6) respects lawful confidentiality regimes (e.g., the Catholic seal for interfaith contexts) while maximizing safety planning and support.
Definitions & Scope
- Mandated reporting: Statutory duty to report suspected child abuse/neglect to civil authorities. Scope varies by jurisdiction (who must report, when, what counts as “reasonable suspicion”). See U.S. summaries by the Child Welfare Information Gateway.17
- Clergy‑penitent privilege: Evidence‑law protection for confidential spiritual communications; scope and exceptions vary by state and country.10
- LDS leadership in scope: Bishops, branch presidents, stake presidents, Relief Society/Elders Quorum presidencies, youth leaders, and other calling‑holders who may receive abuse disclosures during ecclesiastical duties.
Case Study: The Arizona Bishop Non‑Reporting Case
In Arizona, a Latter‑day Saint bishop consulted the Church’s helpline after a member confessed to sexually abusing his children. Relying on Arizona’s clergy‑penitent provisions, the bishop did not report. Subsequent investigations revealed years of continued abuse, sparking litigation and national scrutiny.2 In 2023, the Arizona Supreme Court affirmed that clergy could invoke privilege under state law in civil discovery,3 while later appellate proceedings questioned the scope of any duty to report and allowed claims to proceed.4
Theological Frames: LDS & Interfaith Contexts
LDS Perspective
The LDS Church condemns abuse categorically and emphasizes immediate victim protection, compliance with civil law, and assistance for survivors. Official materials and handbook guidance underscore that abuse “cannot be tolerated in any form” and that the Church’s first responsibility is to help victims and protect the vulnerable.121819 Local leaders are counseled to follow the law and may consult the Church helpline to navigate complex statutory duties.20
Catholic & Orthodox Perspectives
In Catholic theology, the seal of confession is “inviolable” (Canon 983–984), and priests are excommunicated for directly violating it.2122 This creates intense legal‑theological conflict where statutes compel disclosure of confessional admissions. Recent U.S. litigation in Washington protected the confessional seal (preliminary injunction), even as priests remain mandated reporters outside confession.11
Protestant, Jewish, Muslim, and other traditions
Most non‑sacramental traditions still rely on pastoral confidentiality. U.S. evidence rules in many states extend privilege to clergy across faiths for confidential spiritual counseling—though mandated reporting statutes may narrow that privilege in child‑protection contexts.10
U.S. Law & Policy Landscape for Clergy Reporting
States take markedly different approaches. The Child Welfare Information Gateway summarizes these patterns and notes frequent statutory amendments.1017
| Approach | Illustrative Jurisdictions | Notes |
|---|---|---|
| Clergy are mandated reporters; confession not exempt | New Hampshire; West Virginia | Statutes deny clergy‑penitent privilege in child‑abuse contexts; duty applies even to pastoral/confessional settings.2324 |
| Clergy mandated; confessional exception preserved | Many states (e.g., California retains a penitential‑communication exception) | Mandate exists but does not require breaching sacramental confession; other disclosures must be reported.2526 |
| Recent constitutional litigation on confession | Washington (2025) | Federal court enjoined application of a new law to confessional disclosures; court highlighted inconsistent treatment vs. attorney privilege in parallel statute.11 |
| Clergy not mandated reporters | Small number of jurisdictions | Some provide immunity if clergy choose to report; consult current state summaries.10 |
Other notable litigation includes a 2020 Montana Supreme Court case involving Jehovah’s Witnesses, which applied a statutory clergy exception to reverse a civil verdict for failure to report.27
What the Evidence Says
Do broader mandates improve child safety?
Peer‑reviewed studies find that universal mandated reporting (UMR) produces more reports—but not more substantiated cases; in some analyses, the proportion of unconfirmed reports increases and non‑professional reporters dominate, straining limited capacity.7828 Casey Family Programs’ evidence syntheses reach similar conclusions.29
System effects and family impacts
Investigative journalism and policy analyses (e.g., ProPublica/NBC’s Pennsylvania deep dive) show surges in hotline calls after legal expansions, with many allegations unsubstantiated, contributing to caseload saturation and delayed responses for the most endangered children.6 Meta‑synthesis research documents that caregivers and even child survivors may avoid services or fear disclosure because of mandatory reporting, undermining help‑seeking and therapeutic alliance.30
COVID‑period “natural experiment”
During early 2020, contact with mandated reporters (e.g., teachers) dropped markedly; some studies observed fewer reports but a higher proportion substantiated—consistent with a signal‑to‑noise problem in high‑volume regimes.31
Bottom line
Expanding mandate breadth alone is not a panacea. Targeted, trained reporting coupled with robust services and safety planning performs better than flooding hotlines with low‑quality reports. This aligns with the critique summarized by Mical Raz, MD, PhD: “increase supporting, not just reporting.”1
Comparators: Health Care, Hospitals & Nursing Homes
In U.S. health care, clinicians are widely mandated reporters for child abuse. HIPAA expressly permits required disclosures for child‑abuse reporting; thus privacy rules do not block compliance with state reporting statutes.3233 In elder care, the Elder Justice Act requires reporting of reasonable suspicion of crimes in federally funded long‑term‑care facilities within strict timelines, with penalties for failure to report.3435
International Perspectives
Australia
Following the national Royal Commission, multiple jurisdictions imposed duties that encompass clergy; Queensland’s 2020 reforms criminalize failure to report or protect, removing reliance on the confessional seal for child‑sexual‑abuse matters.143637 Other states (e.g., Victoria, ACT) moved in similar directions;38 New South Wales created a criminal adult duty to report child‑abuse offenses (s.316A), while debates continue regarding confession‑specific carveouts.3940
United Kingdom
The UK (England) is introducing a mandatory reporting duty for child sexual abuse, following consultation and government response in 2024–2025; implementation details continue to evolve across services and faith settings.154142
France
After a landmark abuse inquiry, French debates have focused on whether civil law should override the confessional seal; government officials have pressed priests to report abuse notwithstanding sacramental claims, while bishops’ conferences have issued guidance to strengthen safeguarding.1643
Pros and Cons of Mandated Reporting for LDS Leaders
Strong Arguments for Mandated Reporting
- Immediate safety and timely intervention. Mandates can trigger faster law‑enforcement and child‑protection responses, stopping ongoing abuse—as the Arizona case tragically illustrates when reporting does not occur.2
- Clarity and accountability. Clear legal duties reduce hesitation by lay clergy unfamiliar with complex statutes. Good‑faith immunity laws protect reporters, and standardized training improves threshold judgments.10
- Consistency with other protective sectors. Health‑care and elder‑care frameworks show that privacy and reporting can coexist when systems are designed well (HIPAA allows these disclosures; elder‑care mandates exist).3234
- Deterrence and culture change. Public knowledge that disclosures of active abuse will be reported may deter offenders and can shift organizational norms toward survivor‑first practices.
Strong Arguments against Broad or Absolute Mandates
- Empirical concerns. Research shows universal mandates increase low‑quality reports without improving substantiation or safety, potentially reducing protection for the most at‑risk children by diverting resources.729
- Chilling effects on help‑seeking. Survivors, non‑offending caregivers, and even potential offenders may avoid clergy, therapists, and clinicians if they fear automatic reporting, undermining early intervention and pastoral care.301
- Interfaith and constitutional conflicts. In traditions with sacramental confession, compelled disclosure can violate religious exercise; federal courts have enjoined such laws (Washington 2025), especially where comparable privileges (e.g., attorney‑client) remain intact.11
- Jurisdictional variability and legal exposure. LDS is global; bishops face a patchwork of rules. A one‑size policy risks conflicts with local statutes; careful harmonization is necessary.10
Objective Policy Recommendations for the LDS Church
- Victim Safety as the Prime Directive. Make explicit: if anyone is in imminent danger, leaders must act immediately to secure safety (call 911/emergency services) regardless of privilege questions.
- Always Obey Applicable Law. Where civil law mandates reporting (e.g., NH, WV; many international jurisdictions), the Church’s policy should require clergy to report in compliance with statute and within prescribed timeframes.232414
- When not mandated, maximize assisted reporting. Encourage and assist victims or guardians in making the report; with their consent, accompany them. Document safety planning and referrals (medical, therapeutic, legal advocacy).
- Maintain a robust, jurisdiction‑aware helpline. Staffed by attorneys and licensed clinicians able to (a) map local law, (b) help leaders gauge “reasonable suspicion,” and (c) craft safety plans that do not impede civil investigations.20
- Clear separation of roles. Ecclesiastical interviews for spiritual care should not attempt to investigate. Avoid questions that could contaminate evidence; refer to professionals promptly.12
- Training & certification. Require initial and periodic training for all leaders and youth‑facing callings on (a) recognizing abuse, (b) jurisdiction‑specific reporting, (c) trauma‑informed care, and (d) documentation.18
- Communication & transparency. Post ward/stake‑level guidance on how members can report abuse externally and within the Church; include QR codes to state hotlines and to Church resources for victims.12
- Interfaith sensitivity. In ecumenical ministries (e.g., community coalitions) or in countries with confession‑seal laws, coordinate policies to respect protected religious rites while still prioritizing safety planning and lawful reporting outside sacramental contexts.2111
- Data, audits, and continuous improvement. Track de‑identified metrics (time to report when mandated, referral types, training completion) and audit annually to improve practice and reduce harm.
Model Policy Language
Mostly adapted in current Church policy:
1. Immediate Safety. When abuse is suspected or disclosed and any person is at imminent risk, leaders must contact emergency services immediately.
2. Compliance with Law. Leaders shall comply with all applicable civil child‑protection reporting laws. Where the law requires clergy reporting, leaders shall report within the statutory timeframe. Where the law prohibits disclosure of certain privileged communications, leaders shall respect such prohibitions while pursuing lawful safety planning.
3. Assisted Reporting. Absent legal barriers, leaders will encourage and assist victims, guardians, or witnesses to report to authorities and will facilitate access to medical and therapeutic services.
4. Pastoral Care vs. Investigation. Leaders provide spiritual care. They will not conduct civil or criminal investigations and will avoid questioning that could compromise evidence.
5. Consultation. Leaders shall contact the Church’s helpline to obtain jurisdiction‑specific legal and clinical guidance and to develop a trauma‑informed safety plan.
6. Documentation. Leaders will make a contemporaneous pastoral note of the date/time of disclosure, actions taken to ensure safety, whether a report was made (and by whom), and referrals provided—stored consistent with Church record policies and applicable law.
7. Training. All leaders and youth‑facing callings must complete initial and triennial training on abuse prevention, recognition, legal duties, and trauma‑informed response.
8. Communication. Units will publicly post and routinely circulate information on how to report abuse to civil authorities and within the Church, including links to local hotlines and Church victim‑assistance resources.
Implementation Checklist for Stakes & Wards
- Designate a stake safeguarding specialist to track local law changes and coordinate training.
- Maintain a one‑page local reporting “cheat sheet” with hotlines, timelines (e.g., “within 24 hours”), and immunity provisions.
- Run simulated reporting scenarios annually for bishoprics and youth leaders.
- Establish referral partnerships with licensed therapists and child‑advocacy centers.
- Ensure two‑adult policies and visibility practices for youth activities are enforced.
References
- Mical Raz, “Mandatory Reporting Isn’t the Solution,” Public Square Magazine, Sept. 19, 2022.
- Associated Press coverage of the Arizona LDS case (e.g., “Utah rep. told Mormon bishop not to report abuse, docs show,” Sept. 10, 2022).
- “Arizona court upholds clergy privilege in child abuse case,” Associated Press, Apr. 11, 2023.
- “Lawsuit against Mormon church moves forward…,” Axios (Salt Lake City), July 31, 2025.
- LDS Church Newsroom, “Church Offers Statement on Help Line and Abuse,” Aug. 5, 2022.
- ProPublica/NBC News, “Mandatory Reporting Was Supposed to Stop Severe Child Abuse. It Punishes Poor Families Instead.,” Oct. 12, 2022.
- Grace W. K. Ho, et al., “Universal Mandatory Reporting Policies and the Odds of Identifying Child Physical Abuse,” American Journal of Public Health 107(5), 2017.
- Nadon, Park, Lee & Wright (summary), Casey Family Programs, “How do case outcomes differ based on child maltreatment referral source?,” Nov. 29, 2023; and Casey Family Programs brief on UMR efficacy, “Are Universal Mandatory Reporting policies effective…,” Sept. 2020.
- N.H. Rev. Stat. § 169‑C:29 & § 169‑C:32 (clergy privilege not a ground to fail to report).
- Child Welfare Information Gateway, “Clergy as Mandatory Reporters of Child Abuse and Neglect,” State Statutes Series, 2023–2025 updates (see also PDF).
- Jerry Cornfield, “Judge blocks WA requirement for priests to report child abuse disclosed in confession,” Washington State Standard, July 18, 2025.
- “Protecting Members and Reporting Abuse,” ChurchofJesusChrist.org (manual resource); see also “Protecting Children and Youth.”
- Church Newsroom (global/local), e.g., “How the Church Approaches Abuse” and “Protecting the Children.”
- Queensland: “New laws in Queensland mean priests no longer protected by seal of confession,” Sept. 9, 2020; see also QLD government pages (“Failing to report sexual offences against children,” updated Feb. 25, 2025) and the Act text (2020 Act No. 32).
- UK Home Office, “Mandatory reporting of child sexual abuse: consultation,” May 9, 2024; Government response & impact assessment: response, and Impact Assessment (June 23, 2025).
- France: e.g., Reuters, “France’s top bishop acknowledges that law takes precedence over confession,” Oct. 12, 2021; Catholic News Service via Catholic Philly, “Seal of confession a topic of debate…,” Oct. 15, 2021.
- Child Welfare Information Gateway, “Mandated Reporting,” general overview.
- “Preventing and Responding to Abuse,” Church Newsroom (PDF), policy/pastoral guidance.
- Gospel Topics: Abuse, ChurchofJesusChrist.org.
- LDS helpline statement and guidance: “Church Offers Statement on Help Line and Abuse,” Aug. 5, 2022.
- USCCB, “Religious Liberty Backgrounder: The Seal of Confession,” Feb. 6, 2023; Vatican Code of Canon Law (Can. 983–984).
- Canon law references and commentary: e.g., Canon 983; Canon Law Made Easy (2024).
- Victim Rights Law Center: New Hampshire Clergy FAQs (clergy privilege does not excuse failing to report).
- W. Va. Code § 49‑2‑803 (mandated reporters include clergy; see Child Welfare Gateway state page).
- California: Clergy as mandatory reporters (state summary); attempted 2019 SB 360 to narrow confession exception: CA Senate analysis (analysis), LA Times coverage, bill tracking (TrackBill).
- Victim Rights Law Center: California Clergy FAQs.
- Núñez v. Watchtower, 2020 MT 3 (reversing failure‑to‑report verdict based on clergy exception); see AP recap here.
- Recent policy study: Are Mandated Reporting Policies Contributing to… (2025) (no link found between mandates and substantiation odds).
- Casey Family Programs policy impacts brief, “Do state child welfare policies impact…,” Aug. 11, 2021 (adding mandatory reporters increased reports without changing substantiations).
- McTavish et al., “Children’s and caregivers’ perspectives about mandatory reporting,” Child Abuse & Neglect (2019) (meta‑synthesis on fear/avoidance).
- Shusterman et al., “Child maltreatment reporting during the initial weeks of COVID‑19,” Child Abuse & Neglect (2022) (screen‑in dropped; substantiation share rose).
- HHS HIPAA, FAQs: “Does HIPAA preempt state child‑abuse reporting?” (No; HIPAA permits such disclosures).
- HHS, “Summary of the HIPAA Privacy Rule.”
- 42 U.S.C. § 1320b‑25, “Reporting to law enforcement of crimes in long‑term care facilities”; CMS memo, “Reporting reasonable suspicion of a crime.”
- LTCCC brief, “Requirements for Reporting Suspicion of a Crime.”
- ABC (Australia), “Queensland law to jail priests for not reporting abuse revealed in confession,” Sept. 8, 2020.
- Queensland govt explainer: “Laws targeting sexual offences against children,” updated Feb. 25, 2025.
- Catholic News Agency, “New Australian law requires priests to break confessional seal (Victoria),” Sept. 12, 2019.
- NSW Crimes Act 1900 s.316A, “Concealing child abuse offence”; NSW Health guidance “New child abuse related offences—failure to report.”
- ABC (Australia), “NSW won’t force priests to break seal of confessional, but…,” June 22, 2018.