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Posts posted by RevTrucker1970

  1. On 2/17/2017 at 5:32 PM, ULCneo said:

    In the United States, the exact requirements differ by state law. In most, if not all states, the law invokes penitent privilege so long as the penitent person "reasonably believed" he was dealing with a licensed minister, regardless of whether or not that minister is actually ordained or not. Also, a good number of states also consider the clergy to be "mandatory reporters" for purposes of all forms of child abuse (particularly with respect to sex offenses.) Other than this, for clerical privilege to apply the context of the conversation must be within the scope of ministerial duties, meaning you must be acting as that person's minister at the time of the conversation.  That said, in some states both the clergy and the penitent may invoke the privilege, and in some other states, only the penitent has the authority to invoke the privilege. (which is impossible if the penitent is deceased.)  This is where one needs to consult with a local attorney to find out what the law is in their area.

    Under Illinois law a recent change took effect 01January20 which includes members of the clergy, reporting obligations are now expanded, but their privilege not to report remains under certain circumstances. Ref. 325ILCS5/