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Amish Elders Plead Guilty To Violating Child Abuse Reporting Requirement

By Howard M. Friedman

Missouri Rev. Statutes Sec. 352.400.1 requires any member of the clergy who has supervisory responsibility over those in charge of children to report suspected child abuse to state authorities. In Webster County, Missouri, four Amish elders have been charged with violating the reporting requirements because they knew for six months that a member of one of the county's Amish churches had been molesting two of his children. In fact, the molester was formally shunned by his church.  The attorney for the Amish elders argued that holding the elders liable violates their First Amendment rights, since it is against their religious beliefs to report a brother who has admitted wrongdoing and who has been punished within the community. Explaining that the elders are not affiliated with a formal organization and held no license to perform their duties, defendants' attorney argued that convicting them would be a precedent for entrapping volunteers who are not aware of their reporting duties. However, according to yesterday's South County (MO) Mail, last week the Amish elders plead guilty and were each fined $300 plus court costs.

Full post as published by Religion Clause on October 28, 2010 (boomark / email).